“www.stayeden.in” (hereinafter, the “Website/App”) is owned and operated by StayEden Service Apartment, (hereinafter referred to as “Firm”), a partnership firm having its registered at office611, Shekhar Central, Palasia Square, Indore -452001 (M.P.).
“You”, “Your”, “Yourself” or “User” shall mean and refer to the person visiting, accessing, browsing through and/or using the Website/App at any point in time and shall include the “Clients/Customers/Guests” . Further it shall also mean and refer to persons who are “House Owners” for the Website/App. However, where a Client/Customer or House Owner is mentioned specifically it shall only mean and refer to that class of User.
The term “We”, “Us”, “Our” shall mean and refer to the Website/App and/or the Firm, depending on the context.
This Agreement shall cover your usage of the Website/App as a User, which shall include Customers, House Owners. Further the House Owners are also bound by the Service Agreement signed with the Firm, besides this Agreement.
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website/App or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website/App is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
StayEden offers service apartment management to the House Owners whereby we take apartments/villas from such House Owners and manage the same for end Customers. We offer affordable, comfortable and fully furnished service apartments and villas across India for daily/weekly or monthly basis for the Customers. The apartments are a home away from home with contemporary interiors and state of art facilities.
Users shall visit the Website/App and select their location and the category of apartments/villas they seek. Pursuant to this they shall fill up the online form available on the Website/App that shall contain questions related to the various aspects of the service they want. On submission of the online form the Firm’s team shall ascertain the relevant House Owners in the geographical limits of the Customer’s choice and provide the details of the Customer to the House Owners. On completion of the service, the Customers may provide us with reviews and feedbacks for the apartments/villas.
To use the services provided on the Website/App, you shall register yourself on the Website/App. To create an account, you need to provide your email id and choose a username and password. You must keep your account and registration details current and correct for communications related to your bookings from the Website/App.Further Users may link their Facebook and Google Plus accounts to the website/app.
You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false/inaccurate details or the Firm has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.
The following shall be the terms of service that shall govern the Guests/Customers for using our services:
Services on the Site would be available pan India. However, some features of the Site shall only be available in select cities in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site.
Further the primary Guest/Customer must be of at least 18 years of age to be able to check-in to the hotel.
Transactions on the Website/App are secure and protected. Any information entered by the User when transacting on the Website/App is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Firm / Website/App in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The Firm grants you no sub-license, whether limited or not, to access and make personal use of the Site, and not to download (other than page caching) or modify it or any portion of it, except with express written consent of the Firm. You are not permitted any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Firm. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website/App or of the Firm and/or its affiliates without the express written consent of the Firm. You may not use any meta tags or any other “hidden text” utilizing the Firm’s name or trademarks without the express written consent of the Firm. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
This includes contacting you through information received through other parties. The use of this Website/App is also your consent to receive SMS from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website/App itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to email@example.com
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
The Services available on the Website/App require a payment of fees. The Firm reserves the right to change its price list, plans and to institute new charges at any time, and the same may or may not be notified to the User.
The entire tariff amount shall be paid by the Guest/Customer prior to or at the time of check-in. In the event the total amount is not received by the time of check-in, the hotel reserves the right to deny entry to the Guest/Customer.
There shall be various plans available to the House Owners to choose from, the pricing and package for which shall be covered by a separate Service Agreement signed between the House Owner and the Firm.
The House Ownershall be paid by the Firm after receiving the payment from the Customers and after deducting the relevant commission.
One or many of the following payment options are available on the Website/App:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Firm.
You are a restricted user of this Website/App.
We have no obligation to monitor the materials posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website/App. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
The Firm, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Firm or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Firm. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Firm.
You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Firm, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Firm’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Firm is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party Website/Apps, you do so entirely at your own risk and expense.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE WEBSITE/APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APP IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE RESPONSIBLE FOR THE RELEVANCE AND VALIDITY OF COMMENTS MADE BY THIRD PARTIES LIKE VENDORS, PUBLIC ON THE PLATFORM. THE CUSTOMER SHALL BE WHOLLY RESPONSIBLE FOR THE ACCURACY OF EMAIL, PHONE NUMBER, AND PERSONAL INFORMATION. FURTHER IN AWARDING POINTS THAT ARE REDEEMABLE FOR CASH, TO USERS WE ARE NOT RESPONSIBLE IF THE EVENT EXPIRES OR CHANGES OR IS REMOVED ALTOGETHER.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE/APP WITH RESPECT TO THE THIRD PARTY WEBSITE/APP OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/APP/FIRM INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/APP, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS OR EXPERTS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/APP, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
This User Agreement is effective unless and until terminated by either you or the Firm. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website/App. The Firm may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the Firm. The Firm’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s)/service(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
If you have any questions about this Agreement, the practices of, or your experience with the Service, you can e-mail us at firstname.lastname@example.org