Term Of Use

TERMS OF SERVICE

_______ (name of the website) (hereinafter referred to as the “Website” or “Site” or “”We” or “Us” or “Our”) with its office located at ____ (address). We provide an online facilitation platform which offers listing of physical spaces with users (hereinafter referred to as “Guests”) by owners/managers of property (hereinafter referred to as the “Hosts”) which can easily and conveniently be searched and booked by professionals (hereinafter referred to as the “Guests”) traveling on business(collectively, the “Services”), which Services are accessible at _____ (name of the website). The Hosts and Guests shall collectively be referred to as Users (hereinafter referred to as “You” or “Your”).

By using the Site, services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content, and your participation in the Referral Program, and constitute a binding legal agreement between you and us.

Please read carefully these Terms and our Privacy Policy, which may be found at _______(link to the website) and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

The use of this Website (collectively referred to as the “Services”) constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the “Terms of Use” link that appears at the bottom of the Website.

This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE MEMBERS, OTHER USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
These Terms and Conditions of use and any additional terms posted on this Site together constitute the entire agreement between this website and Users with respect to their use of this Site.

1.  DEFINITIONS:
1.1  “_______ (name of the website)” shall mean the website which allows   Users to post/list, search, map and book convenient and affordable space to  organize events. The services of this Site are available on a global basis.
1.2  “Hosts” shall mean the owners/mangers/landlords who register on our website in order to post/list their properties along with its brief description, spaces, locality, pictures etc. on our website.
1.3  “Guests” shall mean the users, who shall register on our website in order to search, map and book convenient and affordable spaces to organize their events.
1.4  “Users” shall mean and include hosts and guests who register and create their account on our website in order to use our services.
1.5  “Account” shall mean the Accounts created by the Users on our websiteusing their Facebook, Gmail (hereinafter referred to as “Social Networking Sites” or “SNS”) account details in order to use the Services provided by our website.
1.6  “Content” shall mean text, graphics, images, music, audio, video, information or other materials.
1.7  “User content” shall mean all Content that a User posts, uploads, publishes, submits or transmits to be made available through our website.
1.8  “Website Content” shall mean all Content that our website makes available, including any Content licensed from a third party, but excluding User Content.
1.9 “Posts/listing” shall mean the accommodations posted/listed by hosts on our website.
1.10 “Third parties” shall mean any outside parties which are not a part of our website.

2. INTERPRETATION:
2.1 The official language of these terms shall be English.
2.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2.3 In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.

3. ELIGIBILITY OF MEMBERSHIP:
3.1 Our Services are available only to, and may only be used by Users who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is the user and is responsible for any and all activities.
3.2 Our website reserves the right to terminate your membership and refuse to provide you with access to the app if we discover that you are under the age of 18 years. The website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
3.3 Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our app you agree to be bound by the Terms and Conditions.
3.4 We may, at our sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
3.5 Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
3.6 You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
3.7 You may not create an Account for anyone other than yourself without the other person’s permission. Your Account will be deleted and your Membership may be terminated without warning, if we believe that you have misrepresented your age or identity to us in a manner that violates this Agreement or is unlawful.

4. REGISTRATION:
4.1 It is mandatory for the Users to create an account on our website in order to avail our services.
4.2 In order to create an account and register with us you shall use your valid account on the social networking service (“SNS”) such as Facebook,Google accounts (each such account, a “Third-Party Account”). If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
4.3 While registering you shall be required to provide us with your certain personal information depending upon whether you register as a host or guest. Once you create an account on our website, we shall provide you with an ID number and shall maintain a database of all our Users.
4.4 You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
4.5 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
4.6 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at _______ (email address).
4.7 You may not transfer or sell your ____ and ____ (website) account and User ID to another party.
4.8 Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
4.9 One individual can own only one account in his/her name.
4.10 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents listed on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.

5. SERVICES:
5.1 Our website provides you an online market place for searching convenient and affordable pa accommodation for organizing an event.
5.2 The website offer Hosts to list/post their accommodation on our website. 5.3 The website offers Guests to search and book the accommodation listed by the host via our website. Our website also offers to the guests the facility to map the accommodation closestto their place of preference.
5.4 In order to avail our services, Guests shall be required to enter their preferred location for the accommodation and the type of event the guest wishes to organize in order to search the result of the closest accommodations. 5.5 Guests shall be required to provide hosts with their start date and end dates and shall be allowed to interact with the hosts via phone/email/chat.
5.5 Guests shall be required to provide hosts with their start date and end dates and shall be allowed to interact with the hosts via phone/email/chat.

6. PAYMENTS TERMS:
6.1 Registering on our website is free for now. Our website may charge certain fees in the future which shall be subject to change at our discretion without any notice to the User. Thus Users continued use of our services shall deem to be acceptance to the change in the payment terms and they represent and warrant to pay the fees and adhere to the payment terms as fixed by us.
6.2 The Website collects payment of the booking from the Guest once the booking request raised by the Guest is accepted by the Host and the booking is deemed completed once the payment has been made by the Guest.
6.3 Website Payment Provider reserves the right to decline or limit payments that we believe (i) may violate Website Payment Provider risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Website Payment Provider, Website or others to risks unacceptable to Payments.
6.4 Website Payment Provider may temporarily place a hold, suspend, or cancel any Payment for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity.
6.5 Users expressly agree and acknowledge that we may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the services offered and received on or through our website.
6.6 Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever.
6.7 Our website stores bank information of the users in order to make it easier for the users to just click and pay without entering the details every time they avail our services.
6.8 All transactions are completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. Users agree that users shall hold us harmless against any such dispute or legal claim.

6.9 Guest Payment Terms:
6.9.1 When you add a Payment Method to your account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Website or its third-party payment processor(s). You authorize Website and its payment service providers (“Website Payment Provider”) to collect and store your Payment Method information.
6.9.2 You add or use a new Payment Method,Website Payment Provider may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your account so it can be used for a future transaction. You can remove the Payment Method from your account as long as it is not associated with an active or future reservation.
6.9.3 You allow Website Payment Provider to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your account.
6.9.4 If your Payment Method’s account information changes (e.g., account number, routing number, expiration date), Website Payment Provider may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
6.9.5 Website Payment Provider charges the Total Price due after the Host accepts your booking request depending upon the time of listing by the Host. However, in some cases you will be required to make the full payment in advance. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
6.9.6 If a requested booking is declined either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Website Payment Provider will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
6.9.7 Website Payment Provider is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

6.10 Host Payment Terms:
6.10.1 In order to receive a Payment from the Guest, you must have a valid Payment Method linked to your account. You authorize Website Payment Provider to collect and store your billing information and financial instrument information. Website Payment Providermay also share your information with governmental authorities as required by applicable law.
6.10.2 The Website in lieu of the listing services provided to the Host, shall be entitled to receive from the Host 5% of the total amount paid by the Guest to the Host after successful receipt of payment from the Guest. The Website shall after deducting its 5% commission (which shall include the applicable fee charged by the Website) forward the remaining amount in accordance with the clauses below.
6.10.3 Subject to and conditional upon successful receipt of the payments from Guest, Website Payment Provider will generally initiate Payments to your selected Payment Method for accommodations, 24 hours after the Guest’s scheduled check-in time.
6.10.4 Your Payment for a booking will be the Total Price less Website’s commission and applicable fees like Website service fees and applicable taxes. In the event of cancellation of a confirmed booking, Website Payment Provider will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
6.10.5 Website Payment Provider may temporarily place a hold on, suspend, or delay initiating or processing any Payment due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
6.10.6 Website Payment Provider is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you

6.11 Payment Processing Errors:
6.11.1 Website Payment Provider will take the necessary steps to rectify any payment
6.11.2 processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payment Method used or selected by Users. We may also take steps to recover funds sent to Users in error (including but not limited to an event of duplicate payments made due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payments owed.
6.11.3 To the extent you receive any funds in error, you agree to immediately return such funds to Website Payment Provider.

7. APPOINTMENT OF WEBSITE PAYMENT PROVIDER AS PAYMENT COLLECTION AGENT:
7.1 Every User hereby appoints Website Payment Provideras the authorized payment collection agent solely for the limited purpose of accepting and processing funds from Users through the Website.
7.2 User agrees that payment made by a Guest through Website Payment Provider, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. 7.3 Host agrees that Website Payment Provider may issue refund to the Guest in accordance with the Terms.
7.4 Host understands that Website Payment Provider’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. Website Payment Providerguarantees payments to Host(s) only for such amounts that have been successfully received by Website Payment Providerfrom Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Website Payment Provider assumes no liability for any acts or omissions of the Host.
7.5 Users acknowledge and agree that, notwithstanding the fact that Website Payment Provider is not a party to the agreement between Guest and the Host,Website Payment Provider acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s).

8. DAMAGE CLAIMS AND SECURITY DEPOSITS:
8.1 The Company shall under no circumstances be held liable for the damages incurred by the Guest to the accommodation.
8.2 If Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) Website determines that a Guest is responsible for damaging any real or personal property at a Listing pursuant to the Terms, Users authorize Website Payment Provider to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If Website Payment Provider is unable to collect from the Payment Method used to make the booking, you agree that Website Payment Provider may charge any other Payment Method on file in your account at the time of the Damage Claim.
8.3 Guest agrees that Website Payment Provider may seek to recover from the Guest under any insurance policies the Guest maintains and that Website Payment Provider may also pursue against the Guest any remedies it may have available, including, but not limited to, in relation to any payment requests made by Hosts.

9. FRAUDULENT/DECLINED TRANSACTIONS:
9.1 Our website reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using theWebsite fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful act or acts or omissions in breach of these terms and conditions.
9.2 We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

10. THE SITE AS A PLATFORM:
10.1 Our website and its Users are separate entities and our website is not an agent of any User and vice versa.
10.2 THE SITE AND SERVICES IS A FACILITATION PLATFORM PROVIDING EASY AND CONVENIENT ACCESS TO USERS TO LIST/POST, SEARCH AND BOOK ACCOMODATIONS. THE SITE AND SERVICES ALSO COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS WITH THE HOSTS VIA OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUEST, NOR ARE WE A REAL ESTATE BROKER, AGENT OR INSURER. WE HAVE NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.3 We urge all users to be responsible about their use of this Website and any transaction entered into as a result of either listing or renting of accommodation. We do not own or manage, nor can we contract for, any accommodation listed on the Website.We act as a venue to allow hosts who advertise on the Website to offer for rent specific accommodation to Guests, including various ways for users to communicate with one another and enter into agreements or transactions.
10.4 Since we are not a party to the transaction between the Users thus any part of an actual or potential transaction between Users, including the quality, condition, safety or legality of the accommodation advertised, the accuracy of the listing content, the ability of hosts to rent a accommodation or the ability of guests to pay for accommodation are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate agreement with the host prior to making a booking or purchasing a service and such agreement may place additional restrictions on your booking or service.
10.5 Please be aware that, even though we are not a party to any transaction and assume no liability for legal compliance pertaining to accommodation listed on the Website, there may be circumstances where we are nevertheless legally obligated, as we determine in our sole discretion, to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
10.6 Website may, directly or through third parties, to make any inquiries we consider necessary to verify User’s identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from third parties, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method.
10.7 Unless explicitly specified otherwise in the ______(name of the website), our responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of hosts for the purpose of accepting payments from guests on behalf of the hosts.

11. USE OF THE WEBSITE:
11.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • belongs to another person and to which You do not have any right;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women”;
  • is false, inaccurate, misleading in any way;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
  • promotes an illegal or unauthorized copy of another person’s copyrighted work;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult).
  • tries to gain unauthorized access or exceeds the scope of authorized access to the website or to profiles, chat rooms, dash boards, account information, bulletins, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the website;
  • solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
  • interferes with another User’s use and enjoyment of the website and enjoyment of similar services;
  • refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the site or any other site, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing innature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • threatens the unity, integrity, defence, security etc. of____, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

11.2 You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any service, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
11.3 You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
11.4 You shall not in relation to the Payment Services:

  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method with your account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Website Payment Provider or or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or

11.5 You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
11.6 You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
11.7 You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to website, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
11.8 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.
11.9 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
11.10 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
11.11 You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of our website or others.
11.12 You shall at all times ensure full compliance with the applicable local laws, rules and Regulations and all other applicable provisions under laws of _______ and as amended from time to time regarding your use of our services.
11.13 You shall solely enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the website.
11.14 We reserve the right, but have no obligation, to monitor the materials posted on the website. Our website 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 Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website. Please be advised that such Content posted does not necessarily reflect our views. In no event shall our website assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website. 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 libellous, tortious, or otherwise unlawful information.
11.15 It is possible that users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
11.16 We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
11.17 Users are granted a limited, revocable, non-exclusive license to access the Site, the content and services provided on the Site all in accordance with these terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

12. YOUR RIGHTS AND LICENSE TO CONTENT:
12.1 You retain your rights to any Content you post or upload on our website. By posting or uploading Content using our website, you grant us a limited, perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works of, transmit, host, display, and distribute such Content in any and all media or distribution methods (now known or later developed) as necessary to provide the website and in accordance with these Terms.
12.2 You further agree that this license includes the right for us to modify or adapt your Content in order to transmit, display, or distribute it over mobile networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
12.3 You are solely responsible for your use of the website, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by us. Without limiting the foregoing, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
12.4 You will indemnify and hold us harmless from and against any and all claims, suits, disputes, actions, losses, judgments, and costs (including, but not limited to, attorneys’ fees) arising out of or relating to any one or more of the following: (a) your use of or access to our website, (b) your provision of any Content or other information to or through the website, (c) any third party claim that any Content you provide infringes, misappropriates, or otherwise violates any Rights, and (d) your violation of any of these Terms.

13. OUR RIGHTS:
All right, title, and interest in and to the website (excluding Content provided by the members and other users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of _________. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website.

14.REVIEWS, FEEDBACK, SUBMISSIONS:
14.1 All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
14.2 We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
14.3 Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

15. INTELLECTUAL PROPERTY OF COMPANY:
15.1 Our website, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of _______(name of the website) or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose
15.2 The website names and logos and all related product and service and our slogans are the trademarks or service marks of ______ (name of the website). All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
15.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the website or any related software. All software used on this website is the property of our website or its suppliers and protected by copyright laws of ______. The Contents and software on this website may be used only as a referral resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of _____. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of our website and is also protected by Copyright laws of _____.
15.4 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
15.5 While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our website to do the same. If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked, please provide us with the following information:

(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Your contact information, including your address, telephone number and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
15.6 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a member’s account if we determine that the member is a repeat infringer.
15.7 You should assume that everything that you see or read on this website is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our app or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our internet sites are subject to the trademark rights of our website, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our website which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this website is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.

16. TERMINATION:
16.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive
16.2 Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may or may not refund you for any payment due or kept with us. We will review the refund requests case by case. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

• if we determine that you have breached, or are acting in breach of, this User Agreement;
• if you attempt to negotiate the actual price privately, avoiding fees;
• if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
• if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
• you do not respond to account verification requests;
• you do not complete account verification when requested within 3 months of the date of request;
• to manage any risk of loss to us, a User, or any other person; or
• For other similar reasons.

16.3 If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount of ___
16.4 Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
16.5 In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
16.6 If a Host cancels your account or Website Payment Provider takes any of the measures described above, Website Payment Provider may provide a full refund to any Guests with confirmed booking(s), and Host will not be entitled to any compensation for pending or confirmed bookings that were cancelled. 16.7 If Guest cancels their account as a Guest, Website Payment Provider will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If Guest’s access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by the Website, User may not register a new account or attempt to access and use the Payment Services through an account of another Member.

17. CLOSING YOUR ACCOUNT:
We allow you to close your account with us if you send us a request for the same at _____. However, you must not have any outstanding payment, dispute, listing or any other matter unresolved with us or third parties through our website.

18. INACTIVE ACCOUNTS:
We reserve the right to terminate or suspend an account which has been inactive for more than one year without any activity or subscription payment left. We will notify you at the email provided with us three times at 2 months, 1 month and 24 hours prior to the suspension.

19. GOVERNING LAW AND ATTORNEY’S FEES:
19.1 This Agreement shall be governed by and construed in accordance with the laws of _____, without regard to its choice of law principles.
19.2 The parties consent to exclusive jurisdiction and venue in the state courts sitting in ______
19.3 In any action or suit to enforce any right or remedy under this agreement or to interpret any provision of this agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and other expenses.

20. RESOLUTION OF DISPUTES AND JURISDICTION:
20.1 Disputes with our website:
a. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in _______ using the English language in accordance with the Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures of _______.
b. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.
c. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
d. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
e. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in _____.
f. Use of the website is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and we agree that any cause of action arising out of or related to the website (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

20.2 Disputes amongst Users or Third Parties:
a) In the event a dispute arises between you and another user or a third party, we encourage you to first contact the user or third party to resolve the dispute amicably.
b) If Users are unable to resolve a dispute resulting from a transaction that occurs on our website, they may choose to participate in our website’s case system in order to resolve the dispute. Cases are escalated for review and resolution by our website. Our website provides its dispute resolution process for the benefit of users. Our website does so in its sole discretion, and our website has no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.
c) You may also report user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
d) You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

21. ACCESS AND INTERFERENCE:
21.1 Our website may contain robot exclusion headers which contain internal rules for software usage. Much of the information on our website is updated on a real-time basis and is proprietary or is licensed to us by our users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access our website for any purpose whatsoever, except to the extent expressly permitted by us in writing. Additionally, you agree that you will not:
a) Take any action that imposes, or may impose, in our website’s sole discretion, an unreasonable or disproportionately large load on our website’s infrastructure;
b) Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in our Guidelines from the Site except to the extent expressly permitted by and in compliance with Terms of Use or otherwise without the prior express written permission of our website and the appropriate third party, as applicable;
c) Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
d) Bypass our website’s robot exclusion headers or other measures we may use to prevent or restrict access to our website.

22. PRIVACY
We respect the privacy of our users and take all possible measures to protect them. Our Privacy Policy has all the practices, measures and steps we have to protect your privacy.

23. SECURITY:
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Website, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.

24. NO INSURANCE:
You expressly agree that our website does not offer any insurance or guarantee as to the claims, offers and products offered by the Users on our website or the payment details of the Users.

25. NO WARRANTY AS TO THE IDENTITY OF THE USERS:
We take reasonable precautions and follow best industry practices to gather maximum possible accurate information about the identity of the users on our website. However, we must inform you that it is highly difficult for us to verify each and every user. While we try our best, we EXPRESSLY state that we do not provide any warranty as to the real identity or all other personally identifiable information about the user. We may display user information such as the credibility score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

26. NO WARRANTY AS TO THE WEBSITE CONTENT:
26.1 The website content hosted on the website is subject to change as and when required without any prior notice. We do not expressly and impliedly regulate the information posted on our website by third parties or users. You agree that while some information posted on the website by the third party users may be offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled, the website is not liable or associated with the same in any way.
26.2 You agree that the operation of the website is a complex task and due to some human or accidental error we may put some content on the website which may be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled. You agree that you will notify us to remove such content instead of taking any legal recourse.
26.3 Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about the content, service, products, services, security, privacy of data or any other matter incidental to the website or its operation other than the liability incurred due to negligence of our employees.

27. EXPRESS RELEASE:
You expressly agree to release us [including our directors, agents, officers, employees, affiliates and subsidiaries] from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your disputes with other users or third parties through or on our website.

28. LIMITATION OF JURISDICTION:
In some jurisdictions, certain exemptions or limitations, as described in this agreement do not hold. In such jurisdictions, the limitations and exemptions shall apply to the maximum permissible extent.

29. USER AGREEMENT AS DEFENSE:
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement

30. CLASS ACTIONS ARE BARRED:
You expressly agree that you will not bring any class action against us unless we agree to such proceedings against us. Unless both parties agree, the arbitrator shall not consolidate or join the proceedings against us or you as a class of users.

31. NOTICES:
31.1 Any notices must be given by postal mail to us;Attn: Legal Department_________.
31.2 In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.

32. OUR SERVICE AND GUARANTEES:
Our website reserves the right to modify or terminate the website’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our website does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control.Our website reserves the right to modify or terminate the website’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you.Our website does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control.

33. FOREIGN JURISDICTION:
The services of our website are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.

34. LIMITATION OF LIABILITY AND DISCLAIMERS:
34.1 In no event shall we, and (as applicable) our subsidiaries, officers, directors, employees or our suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the website, our services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
34.2 Our website’s liability, and (as applicable) the liability of our website’s subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us prior to the action giving rise to liability, and (b)_________ (amount). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
34.3 The website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the website. The site provides content from other Internet websites or resources and while our website tries to ensure that material included on the website is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the website. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• Your use of or your inability to use our website, Services and tools;
• Delays or disruptions in our website, Services, or tools;
• Viruses or other malicious software obtained by accessing our website, Services, or tools or any website, Services, or tool linked to our website, Services, or tools;
• Glitches, bugs, errors, or inaccuracies of any kind in our website, Services, and tools or in the information and graphics obtained from them;
• The content, actions, or inactions of third parties, including items listed using our website, services, or tools or the destruction of allegedly fake items;
• A suspension or other action taken with respect to your account; and
• The duration or manner in which, as a user, your postings appear in search results.

35. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

36. INDEMNIFICATION:
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

37. FORCE MAJEURE:
We maintain that we shall not be held liable for any failure or departure from any obligation or promise mentioned in these terms or any of our policies which has happened due to circumstances beyond our reasonable control which includes but is not limited to natural disasters like flood, earthquake, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.

38. LINKS TO OTHER WEBSITES:
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and do not control and are not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.

39. SEVERABILITY:
If any portion of this Agreement is deemed void or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions.

40. SURVIVAL:
The provisions of the Agreement which expressly or by their nature should survive termination of the Agreement shall survive such termination unless adjudged otherwise by the competent courts. .

41. DIGITAL SIGNATURE:
41.1 By registering on our website, you are deemed to have executed this Agreement electronically, effective on the date you register your Account. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
41.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Site, you give us permission to provide these records to you electronically instead of in paper form.
41.3 By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Site and the Site Services, and you will no longer be able to use the Site or the Site Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
41.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Site or by contacting Customer Support.

42. ENTIRE AND UNMODIFIED AGREEMENT:
The Agreement, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.

43. COMMUNICATIONS:
43.1 Our website’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers at _____(email address)
43.2 You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

44. CONTACT US:
We are always there to help you at _________(email address). You can send us notices or any other communication at ________(email address).

45. ADDRESS AND INFORMATION:
Our Permanent Address is _____ Our legal representatives can be contacted at ____. Our Dispute Resolution team can be contacted at ____.

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