If your country of residence is Australia, you are solely responsible for paying any parking or congestion levies. Space24x7 advise that it is best to consult your local authority. The State of Victoria have published their guidelines here: http://www.sro.vic.gov.au/carspacerental and advice for NSW can be found at http://www.revenue.nsw.gov.au/taxes/psl.
If your country of residence is India, Information Technology Act 2000 and Indian Contract Act, 1872 apply on you as Space Host and Renter of Space24x7.
1.1 This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.3 Peveril Technologies Pvt Ltd., (hereinafter referred to as “Company”), (CIN) U72900KA2017OPC102063, having its registered at Sy.No.89/1,90/1,90/2 & 91/2, Q Blk, F.No.1401, Doddathogur, E-City, Bangalore Bangalore KA 560100 India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns. The Company conducts its business using the domain name https://space24x7.com to provide the services as listed below.
1.4 For the purpose of these Booking Terms (“Terms”), wherever the context so requires,
1.4.1 The term ‘You’ and ‘Space Host’ shall mean any natural or legal person accessing or using the services provided on the Website to offer for sale or advertise the sale of services whereby they offer spaces for parking, storage, working whether commercial or private/residential (“Services”) and related services, and who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; and in the case of an entity, the individual acting on its behalf, and who is authorised to act on behalf of the entity and bind the entity to these Terms;
1.4.2 The terms ‘You’, ‘Space Renter’ or ‘Customer’ or “User” mean any natural or legal person accessing or using the services provided on the Website to buy any of the services offered for sale on the website and who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; and in the case of an entity, the individual acting on its behalf, and who is authorised to act on behalf of the entity and bind the entity to these Terms.
1.4.3 The term ‘You’ shall refer to both Space Host and Space Renter and where the term Space Host or Space Renter is mentioned specifically it should only refer to that class of user.
1.4.4 The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the Space Host, Space Renter and the COMPANY individually and collectively, as the context so requires.
1.4.5 The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
1.4.6 The use of the Website by the Space Host and Space Renter is solely governed by these Terms, and any modifications or amendments made thereto by the COMPANY from time to time, at its sole discretion. Using the platform provided on the Website to facilitate the sale of any service of the Space Host (“Service”) and buying of such Services by the Space Renter, shall be deemed to signify the Space Host’s and Space Renter’s unequivocal acceptance of these Terms, and the Space Host and Space Renter expressly agree to be bound by the same.
1.4.7 The Space Host and Space Renter unequivocally agrees that these Terms constitute a legally binding agreement between the Space Host, the Space Renter and the COMPANY, and that the Space Host and Space Renter shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same.
1.4.8 The Space Host and Space Renter acknowledge and agree that no signature or express act is required to make these Terms binding on the Space Host and the Space Renter, and that the Space Host’s and Space Renter’s act of using the Website or any part of the services therein to sell or advertise or buy the sale of any service constitutes the Space Host’s and the Space Renter’s full and final acceptance of these Terms.
2. ACCEPTANCE OF TERMS
2.1 These Terms form an electronic contract that establishes legally binding terms that the Space Host and Space Renter must accept to use the Service provided through the Website. These Terms include by reference any other terms disclosed and agreed to by the Space Host and Space Renter in the event the Space Host and Space Renter purchases or accepts additional features, services in addition to the Service, including but not limited to terms governing features, billing, free trials, discounts, promotions, preferential positioning, etc.
2.2 The Space Host and Space Renter is aware and agrees that the COMPANY reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Space Host and Space Renter, and the Space Host and Space Renter expressly agree that any such amendments or modifications shall come into effect immediately.
2.3 The Space Host and Space Renter have a duty to periodically check the Terms and stay updated on its requirements. If the Space Host and/or Space Renter continue to use the Website following such a change, the Space Host and Space Renter will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the Space Host and Space Renter complies with these Terms, the Space Host and Space Renter is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website to sell and advertise the sale of services and the buying of such services.
3.1 The Space Host and Space Renter represent and warrant that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The Space Host and Space Renter may not use the Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, regulation or judicial verdict currently in force.
3.2 In the event of the Space Host or Space Renter being an entity, the individual acting on the entity’s behalf represents and warrants that he/she is authorised to act on behalf of the entity and bind the entity to these Terms, and also that the entity is in compliance with any and all rules, regulation and Statues applicable to it, and that it has all requisite permissions and licenses required for its operations.
3.3 Furthermore, it is mandatory for Space Hosts and Space Renter to register themselves on the Website by using their email address and mobile number and providing additional information related to Driving License/Passport or Aadhar Number for Indian user.
4. CREATION OF AN ACCOUNT & BANK DETAILS
In order to use Service, the Space Host and Space Renter shall first register through the website: https://space24x7.com, and then they may link their bank account details, where money can be transferred online straight into/from the bank accounts of the Space Hosts/Space Renter from the website payment accounts.
5. TERM AND TERMINATION
These Terms will remain in full force and effect while the Space Host and Space Renter avail of the Service and/or are in possession of an active account. The Space Host and Space Renter is aware that the COMPANY may terminate or suspend the Space Host’s or Space Renter’s account at any time, without cause or notice, if the COMPANY believes that the Space Host or and Space Renter has breached the Terms, or for any other reason, in its sole discretion, whether or not such action is instigated by complaints from the users of the Website. The Space Host and Space Renter are further aware and expressly agree that even after the Space Host’s or Space Renter’s account is terminated for any reason, these Terms shall survive such termination, and continue to operate in full force and effect, except for any terms that by their nature expire or are fully satisfied.
6. ACCOUNT SECURITY
6.1 The Space Host and Space Renter is responsible for maintaining the confidentiality of the Space Host’s/Space Renter’s username and password, assigned to the Space Host/Space Renter during the registration process, and the Space Host/Space Renter is solely responsible for all activities that occur under the Space Host/Space Renter’s username and password, including but not limited to listing / delisting of services, modifications to prices listed for said services and communication with users of the Website.
6.2 The Space Host and Space Renter agree to immediately notify the COMPANY of any disclosure or unauthorized use of the Space Host/Space Renter’s username or password, or any other breach of security with respect to the Space Host’s account, and also to ensure that the Space Host/Space Renter logs out from the account at the end of each session.
7. ROLE OF THE COMPANY & WEBSITE
7.1 The Space Host and Space Renter acknowledge and agree that the COMPANY merely provides a platform for the Space Host to list services for sale to the Space Renter of the Website, and collects amounts on behalf of the Space Host arising out of the sale of such services.
7.2 The COMPANY will advertise and promote the Space Host’s services on the Website at regular intervals that shall be decided by the COMPANY. The Space Host shall be solely responsible for the sale of the services to the Space Renters during their visit to the Website and the COMPANY shall not be responsible and/or liable for the same.
7.3 The Space Host and Space Renter shall be solely responsible for payment of any and all taxes on the services offered by him/her on the Website, including but not limited to, sales tax, GST and VAT. The Space Host and Space Renter shall also be responsible for and agrees to bear, any additional cost associated with successful execution of bookings placed on the Website, including but not limited to, parking fines, towing charges, other fines, cost of alternative or replacement transport, travel cost, moving out cost, loading and unloading charges and storing cost.
7.4 Further the Space Renter when booking a space shall also be responsible for payment of additional fee such as including but not limited to the Company’s service fee, payment transaction fee and Host Rental, which shall constitute the total cost of booking/renting the Services.
7.5 The Space Host shall be paid as per the monthly pay-out cycle set by the Company for the provision of Services. Further the Company may change the payment cycle at its sole discretion and without intimating the same to the Space Host/Space Renter.
8. PAYMENT TERMS
8.1 The Company shall utilize third party payment gateways to process payment made by Renter for a booking. The Users agree to such terms of the payment gateway.
8.2 One-time Payment: Upfront total payments are collected for booking with hourly & daily price frequency. Renter agrees to pay upfront fee for such booking and also agrees to pay again for full for extension of renting period.
8.3 Recurring Payment: Recurring payments automatically apply for weekly, monthly and yearly booking, therefore Renter authorizes Space24x7 to collect the recurring payments by our payment processor when booking is made for those pricing frequencies, that means, weekly, monthly and yearly. Recurring payment automatically stops when Renter stops renting via dashboard. If you have any questions regarding your Recurring Payments, please contact us.
8.4 The Space Host authorizes the Company to accept and hold payments made by the Renter on behalf of the Space Host. The Company shall pay the Space Host in a monthly pay-out cycle to his/her bank account by bank transfer for all services provisioned on the website.
8.5 The Space Renter agrees and acknowledges that if the payment made by him/her is not received or fails via the Payment Processor, we reserve the right to collect monies owed using other collection mechanisms and we further reserve the right to charge the Renter for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings.
8.6 We will rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Space24x7 or a third party such as your financial institution.
8.7 If the Renter is required to make further payments to a Host under any of our policies, the Renter authorizes us to collect payment on behalf of the Host using the credit or debit card details the Renter has supplied. We also reserve the right to cancel Renter’s Account and terminate this agreement if he/she does not make payment within the time-frame specified in the Cancellation Policy. For example, in case of extended utilisation of space.
8.8 The Space Host/Renter acknowledge and agree to receive invoices and receipts in electronic format by email or other method set up by the Company.
9. CANCELLATION AND REFUND GUARANTEE
9.1 Booking Cancellation, Stop Renting and Refund Guarantee
9.1.1 All bookings made are subject to the Refund Guarantee & Cancellation Policy as set out in this agreement and the Renter and the Host each agree to comply with the terms of the Cancellation Policy and authorize the Company to administer the Cancellation Policy, if necessary, by making refunds.
9.1.2 Renter is refunded full (excluding Fees & Taxes) if booking cancellation is done 24 Hours prior to check-in date. This is via automatic processing.
9.1.3 The Renter must cancel their booking by clicking “Cancel Booking” button in Dashboard. Notice of cancellation shall be deemed to be received at the point the Company receives a cancellation request for their booking. The Company shall not be responsible for any transmission failures.
9.1.4 If the Renter fails to cancel the booking using the Company’s cancellation procedure, the Renter shall be liable for the full amount of the fees payable to the Host and will not receive any refund whatsoever.
9.1.5 Furthermore, the Renter agrees that if a Host wishes to Stop Renting they may do so through us and our Website. If we are required to process a cancellation, we will do so in accordance with this Cancellation Policy.
9.1.6 The Host must stop renting by clicking “Stop Renting” button in Dashboard. Notice of stop renting shall be deemed to be received at the point the Company receives a cancellation request for their booking. The Company is not responsible for any transmission failures.
9.1.7 The Host must provide a minimum of 1 months’ notice of stop renting to the Renter & Company. If the Host fails to stop renting the booking using the Company’s cancellation procedure, the Host will be liable to refund the Renter the full amount of the fees received.
9.1.8 For the avoidance of doubt, it is the Host’s responsibility to make any refund to which the Renter may be entitled. However, if we are holding funds on behalf of the Host we may (at our sole discretion) refund sums to the Renter.
9.1.9. A full refund (including Fees & Taxes) may be provided to the Renter only if the:
• space is unavailable on the agreed date and time
• space address is incorrect
• space description or listing details are substantially misleading
• Host does NOT cancel the booking and informs the Renter on check-in date
• Refund request is received on the day the booking starts and is approved after investigation on emergency situations
• Evaluation of all the above criteria are subjected to Space24x7’s absolute discretion and judgement. Renter requires to send us email to [email protected] explaining situation.
9.2 No Refund
9.2.1 No refund applicable to Renter for cancellation less than 24hrs prior, on or after check-in date.
9.2.2 If the Renter stops a renting that has less than 1 month to run on the Monthly Renting period, then the Renter shall receive no refund. By way of example, if the Renter stops renting in week 3 of an agreed 4 week agreement, then the Renter shall receive no refund. Similarly, If the Renter stops a renting that has less than 1 week to run on the Weekly Renting period, then the Renter shall receive no refund.
9.2.3 If the Renter does not use the Space or make suitable attempts to find it and contact the owner, then the Renter shall receive no refund.
10. USE OF SERVICES BY SPACE RENTER
10.1 The Space Renter acknowledges and agrees that the Space is someone else’s property and agrees not to access any other part of the property to which the Space is attached, other than as may be reasonably required to directly access the Space. Further the Renter shall not destroy and/or vandalize the said Space.
10.2 The Space Renter shall, before confirming the Booking, inspect the Space and ensure that the Space meets the description on the Website. If the Renter believes that the Space does not reasonably match the description on the Website, he/she shall contact the Company immediately, after which we shall provide the Renter with the Host contact details in order to resolve the concern or query.
10.3 The Space Renter must only use the Space at the times specified in the booking confirmation. The Renter shall inform the Host in advance to amend the check-in date, if required. If the Renter uses the Space at any time which is earlier or later than the booking time, the Renter shall be liable to pay the Host under the Booking Agreement and the Renter’s vehicle/stored items may be shifted away.
10.4 During the Renting Period, if the Renter has any concerns or queries about the Space, the Renter shall contact the Company immediately and we shall direct the concern or query to the Host if appropriate.
10.5 The Renter shall vacate the Space and cease using the Space by the end of the Renting Period. The exact departure time from the Space will be as stated in the Booking Confirmation. Renting details are displayed in dashboard for each booking.
10.6 The Space Renter is entitled to permit another person to use the Space under this Agreement. The Renter shall be responsible for ensuring that any person the Renter allows to use a Space complies with the terms of this Agreement. The Renter is responsible for the conduct of any such authorized person.
10.7 Where possible, any dispute between the Renter and the Host relating to the Space should be dealt with at the start of the Renting Period and without our involvement so that the Renter may still fulfill the Booking. Where this does not prove possible, the Renter agrees that the Company may mediate (at its discretion) and attempt to resolve the concern or query so that the booking can be fulfilled.
10.8 The Renter shall be primarily responsible for its safety and the safety of their stored items during the Renting Period and agrees that the Host is not responsible for ensuring the Renter’s or an authorized person’s safety, or the safety of your vehicle/stored items.
10.9 No Illegal or toxic products, no perishables, no highly flammable or unstable products should be stored by Renter in Storage Space.
11. SERVICES LISTED BY THE SPACE HOST ON THE WEBSITE
11.1 The Space Host expressly agrees that the Space Host shall honour any and all bookings successfully placed, whether or not paid for in advance, and shall directly deliver the service within the timeline mentioned on the website to the Space Renter, while placing a booking on the website. The Space Host shall ensure that the service delivered to a Space Renter shall conform with the service description/ photographs/quality assurance as displayed on the Website. The Space Host agrees that in the event of non-conformance, the Website shall not be responsible or liable in any manner and agrees to indemnify and hold the website, its officers, agents and employees harmless from any loss, claim or dispute that may arise from the non-conformance of the service to the description, quality or photographs on the Website.
11.2 The Space Host also agrees to honour all blocking requests made by a Space Renter/User on the Website. If the Space Renter/User blocks a service on the Website, the Space Host shall ensure that the service blocked by the Space Renter/User shall be available to the Space Renter/User.
11.3 The Space Host shall not be authorised to subsequently refuse delivery of services purchased, or increase the cost thereof for any reason whatsoever. The Space Host further agrees to honour any and all bookings placed by users of the Website even if such booking has been placed against an item listed at an incorrect price, and even if the Space Host is no longer in possession of such item. In the event that the Space Host is unable to deliver a service, the Space Host does hereby expressly agree to compensate the COMPANY with an amount that may extend to 3 (three) times the listed value of the service in question.
11.4 The Space Host and Space Renter shall abide by the Refund Guarantee Policy of the website while catering to the provision of services to the Space Renters through the Website. For any refunds, Space Renters shall be made aware that the Company’s policy regarding refunds shall apply.
11.5 The Space Host and Space Renter acknowledges and agrees to be solely responsible for the content and information posted, uploaded, published, linked to, transmitted, recorded, displayed or otherwise made available (“Post”) on the Website or transmitted to other users, including but not limited to item listings on the Website and communication with users of the Website, whether publicly posted or privately transmitted. The Space Host and Space Renter may not Post as part of the Service, or transmit to the COMPANY or to any user of the Website, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). The Space Host and Space Renter represents and warrants that (i) all information that the Space Host and Space Renter submits upon creation of the account is accurate and truthful, and that the Space Host and Space Renter will promptly update any information that subsequently becomes inaccurate, incomplete, misleading or false and (ii) the Space Host and Space Renter has the right to Post the information / material on the Website and grant the licenses set forth below; and (iii) that the Space Host is the owner of all intellectual property associated with services listed by the Space Host on the Website, and that the Space Host has the right to list such services for sale.
11.6 The Space Host and Space Renter understand and agree that the COMPANY may, but is not obligated to, monitor or review any content the Space Host and Space Renter Post as part of the Service. The COMPANY may delete any content, in whole or in part, that in the sole judgment of the COMPANY violates these Terms or may harm the reputation of the Website, Service or COMPANY, or may offend, injure or be prejudicial to the interests of any of its users.
11.7 By Posting information / content as part of the Service, the Space Host and Space Renter automatically grant to the COMPANY, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the content, (ii) prepare derivative works of the content or incorporate the content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. The Space Host and Space Renter represents and warrants that any Posting and use of the Space Host and Space Renter content by the COMPANY will not infringe or violate the rights of any third party, and hereby expressly agrees to indemnify the COMPANY against the same.
11.8 The service if defective shall be supplied by the Space Host again to the Space Renter and in case Space Renter wants a refund, the Space Renter shall be refunded within the time specified in the Refund Guarantee policy.
11.9 The Space Host acknowledges and warrants that he/she is authorized to allow third parties to use the space and where necessary, he/she has all the requisite permissions from the relevant authorities to do so. In the event that the Space Host does not have the requisite permission and/or authority to rent the space to third parties, the Space Host acknowledges and agrees that he/she shall indemnify and absolve the COMPANY from any loss the Company and/or the Space Renter may suffer as a result of such breach of representation and warranty by the Space Host.
11.10 The Space Host further acknowledges, agrees and warrants that he/she has all the requisite regulatory and planning approvals to grant license for the usage of the space by third parties. Further such grant of license by the Space Host for usage of the space shall comply with all the applicable laws, tax requirements, rules and regulations that may apply to the space, including but not limited to zoning laws, and laws governing rental of or license for usage of residential and other properties.
11.11 The Space Host/Space Renter may not Post, upload, display or otherwise make available content that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. advocates harassment or intimidation of another person;
iii. requests money from, or is intended to otherwise defraud, other users of the Service;
iv. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spamming”, “phishing”, “trolling” or similar activities);
v. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libellous or otherwise objectionable;
vi. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
vii. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
viii. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
ix. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
x. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
xi. contains viruses, time bombs, trojan horses, cancel bots, worms or other harmful, or disruptive codes, components or devices;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. provides information or data the Space Host do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
xiv. disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
xv. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
xvi. publicises or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
11.12 The COMPANY reserves the right, in its sole discretion, to investigate and take any legal action against any Space Host/Space Renter who violates this provision, including removing the offending item listing / content from the Service and terminating or suspending the account of such Space Host/Space Renter.
11.13 The Space Host/Space Renter’s use of the Service, including all content Posted by the Space Host/Space Renter through the Service, must comply with all applicable laws and regulations. The Space Host/Space Renter agrees and acknowledges that the COMPANY may access, preserve and disclose the Space Host/Space Renter account information and content if required to do so by law, or if it in good faith believes that such access, preservation or disclosure is reasonably necessary, to: (i) comply with any legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to the Space Host’s requests for Space Renter service, or allow the Space Host to use the Service in the future; or (v) protect the rights, property or personal safety of the COMPANY or any other person.
11.14 The Space Host/Space Renter agrees that any content the Space Host/Space Renter Posts on the Service may be viewed by other users, and may be viewed by any person visiting or participating in the Service, and that the COMPANY shall in no way deemed to be responsible or liable for the actions of such individuals, and the Space Host/Space Renter does hereby expressly agree to the same.
12. SPACE RENTER CARE SERVICE
The COMPANY may provide assistance and guidance through its Space Renter care representatives. When communicating with the COMPANY’s Space Renter care representatives, the Space Host/Space Renter agrees to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and to not otherwise behave inappropriately. If the COMPANY is of the impression that the Space Host/Space Renter’s behaviour towards any of its Space Renter care representatives or other employees is at any time threatening or offensive as described hereinabove, the COMPANY reserves the right to immediately terminate the Space Host/Space Renter’s account.
13. INTERACTIONS WITH USERS OF THE WEBSITE
13.1 The Space Host and Space Renter agree and acknowledge that the Space Host/Space Renter is solely responsible for any and all interactions with Users of the Website. The Space Host/Space Renter understands that the COMPANY does not conduct any criminal background checks or screenings on any of its users or Space Hosts. The Space Host/Space Renter is further aware that the COMPANY also does not attempt to verify or validate the information provided by its users. The COMPANY makes no representations or warranties as to the conduct of its users, or their interactions with the Space Host/Space Renter. The Space Host/Space Renter is solely responsible for any and all interactions with users of the Website, and the Space Host/Space Renter expressly agrees and acknowledges that the COMPANY will not be liable for the same in any manner whatsoever.
13.2 The Space Host/Space Renter agrees and acknowledges that Users of the Website may rate the Space Host/Space Renter and may also write reviews relating to the Space Host/Space Renter and the services listed on the Website by the Space Host. The Space Host is aware that some of these reviews may not be flattering and may affect the future sales of the Space Host, however the Space Host agrees that the COMPANY will be under no obligation to remove any such negative reviews, although the Space Host may appeal to the COMPANY to do the same if the Space Host feels that such review is unjustified or made with malafide intent.
14. PROHIBITED ACTIVITIES
The COMPANY reserves the right to investigate, suspend and/or terminate the Space Host/Space Renter account if the Space Host/Space Renter has misused the Service or behaved in a manner the COMPANY regards as inappropriate or unlawful, including actions or communications that occur off the Service, but involve users of the Service or information obtained through the Service. The following is a non-exclusive list of actions and activities that the Space Host/Space Renter is not permitted to engage in while availing of the Service:
14.1 impersonate any person or entity;
14.2 solicit money from any user(s) in excess of amounts already paid / agreed to be paid by users, or in excess of amounts listed on Website for the service in question;
14.3 Offer money to any user, for any reason whatsoever without the express knowledge and consent of the COMPANY;
14.4 post any content that is prohibited by these Terms or any applicable law currently in force;
14.5 stalk or otherwise harass any person;
14.6 express or imply that any statements the Space Host/Space Renter makes are endorsed by the COMPANY without the COMPANY’s specific prior written consent;
14.7 use the Service in an illegal manner or to commit an illegal act;
14.8 access the Service in a jurisdiction in which it is illegal or unauthorized;
14.9 ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
14.10 use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
14.11 collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
14.12 interfere with or disrupt the Service or the servers or networks connected to the Service;
14.13 email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
14.14 forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software);
14.15 “frame” or “mirror” any part of the Service, without the COMPANY’s prior written authorization;
14.16 use meta tags or code or other devices containing any reference to the COMPANY or the Service (or any trademark, trade name, service mark, logo or slogan of the COMPANY) to direct any person to any other website for any purpose;
14.17 modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;
14.18 post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with the Space Host use of the Service in accordance with these Terms;
15. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
15.1 The Space Host/Space Renter is aware that the COMPANY owns and retains all proprietary rights in the Website and Service, and in all content, trademarks, trade names, service marks, copyrights and other property rights related thereto. The Website and Service contain the copyrighted material, trademarks, and other proprietary information of the COMPANY and its licensors, and the Space Host/Space Renter agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the COMPANY, or if such property is not owned by the COMPANY, the owner of such intellectual property or proprietary rights. The Space Host agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
15.2 The Space Host is aware that for the purpose of availing of the Service, the Space Host will be required to upload on the Website images and descriptions of all services the Space Host wishes to sell through the Website. The Space Host is further aware that the same will be visible to and accessible by all users/Space Renter of and visitors to the Website, and that the COMPANY has no control over their actions, and will not be liable in any manner should any such user or visitor infringe on the intellectual property of the Space Host by accessing / misusing / copying / using / creating derivative works from said service listings, and the Space Host hereby expressly agrees that the COMPANY shall have absolutely no liability for the same, and further agrees not to involve the COMPANY in any resulting legal proceedings, and expressly agrees to indemnify the COMPANY and reimburse the COMPANY for any expenses incurred in this respect.
15.3 The Space Host expressly agrees and accepts that the intellectual property of the Space Host is required to be displayed on the Website in the form of service listings, and the Space Host does hereby expressly authorise the COMPANY and the Website to use the same in this connection, and also expressly agree to continue to allow the COMPANY to do so, without the COMPANY ever being required to pay any manner of license, fee or amount in this respect, for any such incidental usage. The Space Host further agrees and hereby expressly authorises the COMPANY to continue to display said service listings of the Space Host even after the Space Host has stopped supplying the same, and even if the Space Host has deleted the account assigned to the Space Host and has stopped availing of the Service. If the Space Host does not agree to these provisions, then the Space Host is not authorised to use the Website or avail of the Service.
16. MODIFICATIONS TO SERVICE
The COMPANY reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or Service (or any part thereof) with or without notice. The Space Host/Space Renter agrees and acknowledges that the COMPANY shall not be liable to the Space Host/Space Renter or to any third party for any modification, suspension or discontinuance of the Service, even if the same should lead to loss of profits, damage, injury, etc to the Space Host/Space Renter. To protect the integrity of the Service, the COMPANY reserves the right to block Space Hosts/Space Renter from certain IP addresses from accessing the Service, at any time and in its sole discretion.
17. IPR POLICY
17.1 The Space Host may not list for sale, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limitation to the foregoing, if the Space Host or any third party believes that his/her work has been copied and posted on the Service in a way that constitutes infringement of his/her intellectual property, he/she is required to contact the COMPANY and provide the COMPANY with the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property;
ii. a description of the work that the individual claims has been infringed;
iii. a description of where such material is located on the Service (and such description must be reasonably sufficient to enable the COMPANY to find the alleged infringing material, such as a URL, user profile, etc.);
iv. the individual’s address, telephone number and email address;
v. a written statement by the individual that the individual has a good faith belief that the disputed use is not authorized by the owner of the intellectual property; and
vi. a statement by the individual, made under penalty of perjury, that the above information supplied is accurate, and that the individual is the owner or authorized to act on the owner’s behalf;
17.2 Notice of claims of misuse and infringement must be provided to the COMPANY’s grievance officer.
17.3 The COMPANY reserves the right to terminate the accounts of any Space Hosts found to have misused / infringed the intellectual property of another person/entity, in its sole discretion. The Space Host is aware that the Space Host may also face civil and criminal charges in the event of such misuse / infringement.
18.1 The Space Host/Space Renter acknowledges and agrees that neither the COMPANY nor its affiliates or third party partners are responsible for, and shall not be deemed to have any liability – directly or indirectly, any loss or damage, including personal injury or death, as a result of or alleged to be the result of:
i. any Space Renter placing a false booking on the Website, blocking a service or related product on the website or refusing delivery of a successfully placed booking or any Space Host placing a false listing on the Website.
ii. any user of the Website demanding a refund, whether or not due to a defect in the service;
iii. any damage caused to the service and related products during delivery or storage, whether or not such damage is attributable to the COMPANY;
iv. any theft of the product(s) of the Space Host/Space Renter, whether or not the COMPANY was in possession of the product at the time of such theft;
v. any fire, flood, earthquake or other event beyond human control that causes damage to the products of the Space Host/Space Renter, whether or not the COMPANY is in any way attributable to such damage, and whether or not the COMPANY had been advised of such risk;
vi. any infringement / misuse of the intellectual property of the Space Host/Space Renter by any visitor or user of the Website;
vii. any incorrectness or inaccuracy in the Space Host/Space Renter’s account or item listings, whether or not directly attributable to the COMPANY or the users of the Website or any of the equipment or programming associated with or utilized in the Service;
viii. the timeliness, deletion or removal, incorrect delivery or failure to store any item listing, content, communications or personalization settings;
ix. the conduct, whether online or offline, of any user;
x. any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any information / material of the Space Host/Space Renter;
xi. any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to the Space Host/Space Renter’s or any other individual or entity’s computer(s) or device(s) related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Website / Service;
xii. Any loss, damage or injury whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, caused due to or alleged to be caused due to the actions or inactions of the COMPANY, or any of its employees/personnel, or any unrelated third party, and the Space Host/Space Renter hereby expressly acknowledges and agrees that the COMPANY has no responsibility or control over the same, and shall not be deemed liable in any manner whatsoever.
18.2 The Space Host/Space Renter is aware and acknowledges that to the maximum extent allowed by applicable laws, the COMPANY provides the Service on an “as is” and “as available” basis, and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The COMPANY does not represent or warrant that the Service will be uninterrupted or error free, secure or that any defects or errors in the Service will be corrected.
18.3 The Space Host/Space Renter is further aware and acknowledges that any material downloaded or otherwise obtained through the use of the Service is accessed by the Space Host/Space Renter at his/her own discretion and risk, and the Space Host/Space Renter will be solely responsible for and does hereby waive any and all claims and causes of action with respect to any damage to the Space Host/Space Renter’s device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material.
18.4 The COMPANY may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. The Space Host/Space Renter is aware that all such third party content is the responsibility of the respective authors thereof, and the COMPANY does not make any warranties or guarantees with respect to the same. The Space Host/Space Renter is further aware that the COMPANY does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the Service. The Space Host/Space Renter agrees and acknowledges that under no circumstances will the COMPANY or its affiliates be responsible or liable for any loss or damage resulting from the user reliance on information or other content available through the Website, or transmitted to or by any users.
19.1 The Space Host/Space Renter is aware that the Service may contain or provide advertisements and/or promotions offered by third parties and links to other websites or resources. The Space Host/Space Renter acknowledges and agrees that the COMPANY is not responsible for the availability of such external websites or resources, and that the COMPANY does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Space Host/Space Renter correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Space Host/Space Renter and such third party. The Space Host/Space Renter further acknowledges and agrees that the COMPANY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
19.2 The Space Host further agrees that in the event of the Space Host providing the users of the Website with a link to a Website owned / operated by the Space Host, the Space Host shall be solely liable for the same, and hereby agrees to indemnify and keep indemnified the COMPANY from the claims of any individual with regard to the same. Further, the Space Host shall not be authorised to provide the users of the Website with a link to any website or domain wherein services are being sold, whether or not such website is owned / operated by the Space Host, and whether or not such website is in competition with the Website, at the sole discretion of the COMPANY.
20. LIMITATION OF LIABILITY
20.1 To the fullest extent allowed by applicable law, in no event will the COMPANY, its affiliates, business partners, licensors or service providers be liable to the Space Host/Space Renter or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the COMPANY has been advised of the possibility of such damages notwithstanding anything to the contrary contained herein, the COMPANY’s liability to the Space Host/Space Renter for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the Space Host/Space Renter to the COMPANY for the Service while the Space Host/Space Renter maintains an account. The Space Host/Space Renter agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within One (1) year after such claim or cause of action arose or be forever barred.
20.2 The Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the COMPANY / Website incurring any form of liability whatsoever, these Terms shall stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment, and the Space Host/Space Renter shall be prohibited from accessing the Website and availing of the Service beyond such date.
21. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of the Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism.
21.1 Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
21.2 Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the COMPANY, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Bengaluru, Karnataka or Melbourne, Australia.
If Parties are located in India, expressly agree that the Terms and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction over any disputes arising between the Parties. Else company will advise depending on location of parties involved in renting process.
22. INDEMNITY BY THE SPACE HOST AND SPACE RENTER
22.1 The Space Host/Space Renter hereby expressly agrees to defend, indemnify and hold harmless the Website and the COMPANY, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including legal fees, caused by or arising out of any and all claims of any individual against the Space Host/Space Renter, including without limitation the non-fulfilment of any of the obligations or commitments of the Space Host/Space Renter under the Terms, or arising out of the Space Host/Space Renter’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other Space Hosts/Space Renter, or the infringement of any other rights of a third party.
22.2 In no event shall the COMPANY be liable to compensate the Space Host/Space Renter or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable, and whether or not the COMPANY had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Space Host/Space Renter’s use of or access to the Website, the Service, and any transaction involving a user of the Website and services listed by the Space Host. The COMPANY reserves the right to assume exclusive control of its defence, and of any matter otherwise subject to indemnification by the Space Host/Space Renter, in which event the Space Host/Space Renter will fully cooperate with the COMPANY in connection therewith, and hereby expressly agrees to bear the cost thereof.
22.3 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the COMPANY incurring any form of liability whatsoever, these Terms shall stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment, and the Space Host/Space Renter shall be prohibited from accessing the Website and availing of the Service beyond such date.
Any and all communication relating to any dispute or grievance experienced by the Space Host/Space Renter may be communicated to the COMPANY by the Space Host/Space Renter reducing the same to writing, and sending the same to the registered office of the COMPANY by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
24. MISCELLANEOUS PROVISIONS
24.1 Entire Agreement: These Terms, read with any specific guidelines or rules that are separately posted for particular services or offers in the Service, comprises the entire agreement between the Space Host/Space Renter and the COMPANY regarding the Space Host/Space Renter’s use of the Website and the Service. Each party acknowledges that the Agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other party. If any provision of these Terms is held invalid by any court or governmental authority of requisite jurisdiction, the remainder of these Terms shall continue in full force and effect and the Parties shall attempt to give full effect to their original intention.
24.2 Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
24.3 Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
24.4 Non-Transferability: The Space Host/Space Renter agrees that the Space Host/Space Renter’s account is non-transferable and all of the Space Host/Space Renter’s rights to the profile or contents within the account shall terminate upon the Space Host/Space Renter’s death or termination of the Space Host/Space Renter’s access to the Service.
24.5 Relationship between the Parties: The Space Host/Space Renter is aware and agrees that no agency, partnership, joint venture or employment is created as a result of these Terms, and the Space Host/Space Renter may not make any representations or bind the COMPANY in any manner.
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