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Terms and conditions

Key terms and definitions:

  • StayCozy.in website, mobile application, software, and services offered through StayCozy.in, are collectively referred to as “StayCozy.in”
  • Begritty Technologies Private Limited is referred to as the “company” or “us” or “our” or “we”
  • User is anyone who is accessing or using StayCozy.in and referred to as “you” or “your” or “yourself” or “user”
  • “Property” or “Properties” refer to pay guest accommodations, hostels, or service apartments
  • Host is the individual who manages the property including its maintenance and staff, and runs the business of providing accommodation to the guests on a rental basis. In addition to the accommodation, the hosts may offer food and other services such as internet, laundry, housekeeping, etc., and may collect additional fees for provision of such services, and
  • Guest is the individual who resides in a pay guest accommodation, hostel, or a service apartment on a short or long-term basis by paying rent and other applicable fee to the host for accommodation along with other associated services if available.
  • "Verified" = properties physically verified by StayCozy team. Verfification includes address of the property only. As the written information about the property, all charges, rules, etc. are provided by the owner are subjective and are at the discretion of the owner, StayCozy cannot guarantee the accuracy of these details.

By using StayCozy.in, you signify your agreement to be legally bound by these terms and conditions. These "TERMS AND CONDITIONS" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

StayCozy.in an online platform through which hosts may create listings for their properties and guests may learn about and book accommodations. You understand and agree that StayCozy.in is neither a party to any agreements entered into between hosts and guests, nor is StayCozy.in a real estate broker, agent or insurer. StayCozy.in has no control over the conduct of hosts, guests, and other users of StayCozy.in, and disclaims all liabilities in this regard.

StayCozy.in can be used to facilitate the listing and booking of properties. Such properties are included in listings on StayCozy.in by Hosts. You may view listings as an unregistered visitor to StayCozy.in; however, if you wish to book a property or create a listing, you must create an account at StayCozy.in. As stated above, StayCozy.in makes available a platform or marketplace with related technology for guests and hosts to meet online and arrange for bookings of properties. StayCozy.in is not an owner, operator, or provider of properties. StayCozy.in does not own, sell, resell, furnish, provide, rent, re-rent, manage, or control properties. Our role is solely to facilitate the availability of StayCozy.in. Similarly, we are not a contracting agent or representative of any host.

Please note that, as stated above, StayCozy.in is intended to be used to facilitate the booking of properties. StayCozy.in cannot and does not control the content contained in any listings and the condition, legality or suitability of any properties. StayCozy.in is not responsible for and disclaims any and all liability related to any and all listings and properties. Accordingly, any bookings will be made at the guest’s own risk.

Account

If you use StayCozy.in, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering yourself or listing your property. You can access and update much of the information you provided us within your account area of StayCozy.in. We reserve the right to refuse access to StayCozy.in, terminate accounts, remove or edit content at any time without notice to you.

Property Listing

As a user, you may create property listings. You will need to provide information about the property to be listed, including, but not limited to, the location, capacity, size, features, availability of the property and pricing and related rules and financial terms. In order to be featured in listings via StayCozy.in, all properties must have valid physical addresses. Listings will be made publicly available via StayCozy.in. Other users will be able to book your property via StayCozy.in based upon the information provided in your listing. You understand and agree that once a guest requests a booking of your property, the price for such booking may not be altered. You acknowledge and agree that you are solely responsible for any and all listings you post. Accordingly, you represent and warrant that any listing you post and the booking of, or guest stay at, a property in a listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any property included in a listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that we assume no responsibility for a host’s compliance with any applicable laws, rules and regulations. You understand and agree that we do not act as an insurer or as a contracting agent for, or representative of, you as a host, and if a guest requests a booking of your property and stays at your property, any agreement you enter into with such guest is between you and the guest and we are not a party thereto. Please note that we reserve the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that the company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to StayCozy.in.

When you create a listing, you may also choose to include certain requirements which must be met by the users who are eligible to request a booking of your property, including, but not limited to, requiring users to have a profile picture or verified phone number, in order to book your property. Any user wishing to book properties included in listings with such requirements must meet these requirements. You acknowledge and agree that, as a host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the property at your request or invitation, excluding the guest (and the individuals the guest invites to the property, if applicable).

Privacy Policy

Please review our Privacy Policy, which also governs your visit to StayCozy.in, to understand our practices. The personal information / data provided to us by you during the course of usage of StayCozy.in will be treated as strictly confidential and in accordance with the privacy policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use StayCozy.in.

Online Platform

You agree, understand and acknowledge that StayCozy.in is an online platform that enables you to search properties listed on StayCozy.in at the price indicated therein at any time from any location. You further agree and acknowledge that StayCozy.in is only a facilitator and is not and cannot be a party to or control in any manner any transactions on StayCozy.in. Accordingly, a booking or a payment on StayCozy.in shall be a strictly bipartite contract between the hosts and the guests on StayCozy.in. We do not endorse any host, guest, or a property. In addition, although these terms require hosts and guests to provide accurate information, we do not attempt to confirm, and do not confirm, their purported identities. You are responsible for determining the identity and suitability of others who you contact via StayCozy.in.

By using StayCozy.in, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other hosts, guests, or other third parties will be limited to a claim against the particular hosts, guests, or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from StayCozy.in with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other host or guests on StayCozy.in regarding any bookings or listings made by you.

While we strive our best to provide reliable information posted at StayCozy.in, the information may not be accurate and beyond our control. We do not warrant the accuracy or suitability of such information. Changes may be periodically done. Similarly, while we try to ensure that all information is posted by hosts, we cannot guarantee the same.

Access to StayCozy.in

We will do our utmost to ensure that availability of StayCozy.in will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to StayCozy.in may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

StayCozy.in may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by StayCozy.in of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

Permission for Access

Subject to your compliance with these terms and conditions and payment of applicable fees, if any, we grant you a limited permission to access and make personal use of StayCozy.in, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the company, as may be applicable. This permission does not include any commercial use of StayCozy.in or its contents; any collection and use of any listings, descriptions, or prices; any derivative use of StayCozy.in or its contents; any downloading or copying of account information for the benefit of another host; or any use of data mining, robots, or similar data gathering and extraction tools.

StayCozy.in including but not limited to any copyrighted material, trademarks, or other proprietary information, may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the company, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of StayCozy.in without express written consent. You may not use any meta tags or any other "hidden text" utilizing company’s names or trademarks without the express written consent of the company, as applicable. Any unauthorized use terminates the permission or license granted by the company, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of StayCozy.in as long as the link does not portray StayCozy.in in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark related to StayCozy.in or the company as part of the link without express written consent of the company, as may be applicable.

Rent, Security Deposit, Service Fee, and Taxes

Please note that it is the host and not StayCozy.in which determines the rental amount. The rent may include other fees at the host’s discretion. StayCozy.in may charge a service fee (may be referred to as “convenience fee” or “service charge” or “StayCozy.in fee”) to the guests and hosts based upon a percentage of applicable rent. The service charges are added to the rental amount to calculate the total amount (which will also include applicable taxes) displayed in the applicable listing. StayCozy.in will collect the total amount at the time of booking confirmation (i.e. when the host confirms the booking within 24 hours of the booking request) and will remit the rental amount (less StayCozy.in’s service fees) to the host within 7 days after the guest arrives at the applicable property. Please note that StayCozy.in may charge a fee for the creation of listings.

Hosts may choose to include security deposits in their listings. Each listing will describe whether a security deposit is required for the applicable property, and if it is refundable or non?refundable. Hosts and guests may discuss and agree with the terms and conditions related to the security deposit amount and the refund amount. StayCozy.in merely provides a payment facility for paying the security deposit amount but does not determine the security deposit or the refund amount. You understand and agree that StayCozy.in is not a party to any of these agreements entered into between hosts and guests, and disclaims all liabilities in this regard.

You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. We cannot and does not offer tax?related advice to any users of StayCozy.in. Additionally, please note that each host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in listings. Where applicable, or based upon request from a host, we may issue a valid invoice to such host.

Your Conduct

You must not use StayCozy.in in any way that causes, or is likely to cause, StayCozy.in or access to it to be interrupted, damaged or impaired in any way you understand that you, and not StayCozy.in, are responsible for all electronic communications and content sent from your computer to us and you must use StayCozy.in for lawful purposes only. You must not use StayCozy.in for any of the following:

  • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  • to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
  • to cause annoyance, inconvenience or needless anxiety

As a guest, you are responsible for leaving the property in the condition it was in when you arrived. You acknowledge and agree that, as a guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the property. In case of a damage, host may determine the damage costs and receive payment directly at the property or through StayCozy.in payment facility which you are liable to pay before leaving the property. This is completely a discussion or agreement between the host and guest, and StayCozy.in disclaims all liabilities in this regard.

Changes to These Terms and Conditions

We reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue StayCozy.in at any time by posting a notice on the website or by sending you notice via e-mail or by another appropriate mode of communication. We may also impose limits on certain features and services or restrict your access to parts or all of StayCozy.in without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes.

StayCozy.in Rights

We encourage you to provide feedback, comments and suggestions for improvements to StayCozy.in. You may submit feedback by contacting us. You acknowledge and agree that all feedback will be the sole and exclusive property of StayCozy.in and you hereby irrevocably assign to StayCozy.in and agree to irrevocably assign to StayCozy.in all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.

We respect copyright law and expects StayCozy.in’s users to do the same. It is our policy to terminate our user accounts or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders in appropriate circumstances.

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these terms or your access to StayCozy.in, and (b) deactivate or cancel your StayCozy.in account. Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event StayCozy.in terminates these terms, or your access to StayCozy.in, deactivates or cancels your StayCozy.in account you will remain liable for all amounts due hereunder. You may cancel your StayCozy.in account at any time. Please note that if your StayCozy.in account is cancelled, we do not have an obligation to delete or return to you any content you have posted on StayCozy.in, including, but not limited to, any reviews or feedback.

Limitation of Liability and Disclaimers

In no event shall we be liable to any person for any incidental, consequential, special, indirect or punitive damages (including without limitation lost profits) relating to usage of StayCozy.in or otherwise relating to these Terms of Use (whether for breach of contract, tort, or negligence) or its termination and irrespective of whether StayCozy.in has been advised of the possibility of any such loss or damage. The limitations contained in this section shall survive any failure of an exclusive or limited remedy. The maximum remedy available to a user shall in no event exceed the amount paid by such user (pro rated for completed usage).

You are solely responsible for your interactions and arrangements with other individuals in the property and hosts. We make no representations or warranties as to the conduct, compatibility, any information concerning any activities or arrangements suggested by users. In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any damages arising out of or relating to your or anyone else’s conduct in connection with the services, including, without limitation bodily injury, emotional distress and any damages resulting in any way from communications, meetings, activities or arrangements with users, members or persons you may otherwise meet through the services, (ii) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), (iii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or (iv) for any direct damages to the property by the guests, host decides the penalty that needs to be paid by the guests before vacating the property, and the timeline for such payment will be at the discretion of the host. You agree to take reasonable precautions and exercise the utmost personal care in all interactions with other users or any other individual you come into contact with through StayCozy.in, particularly if you decide to meet such users, guests, hosts or individuals in person. You understand and agree that we make no guarantees, express or implied, regarding your compatibility with users, hosts or other individuals you meet through StayCozy.in. We strongly advise you to use the utmost caution before sharing any personally identifiable or financial information with others, including users and hosts. We do not and cannot assure you that it is safe for you to have direct contact with any other individual that you come into contact with through StayCozy.in. If you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities, and then contact us at contact@staycozy.in, so that we may take appropriate action.

Indemnification

You shall defend, indemnify, and hold harmless us, our employees, contractors, directors, agents, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the StayCozy.in, Content, violation of these Terms and Conditions, any laws and regulations of any governmental, regulatory or judicial authority arising from your use of StayCozy.in, or infringement of any intellectual property or other rights of a third party by you, or any third party using your account or identity at StayCozy.in, or your actual or alleged gross negligence or willful misconduct in connection with your use of StayCozy.in.

Reporting Misconduct

If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to StayCozy.in by contacting us with your police station report number at contact@staycozy.in; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding usage of StayCozy.in, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the same.

Governing Law or Jurisdiction

These Terms shall be governed by Indian law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with the Service shall be subject to, and you hereby consent to, the exclusive jurisdiction of the state courts located in Bangalore, Karnataka.