Staycay Abode Solutions Pvt Ltd ( under the brand name "HooLiv") operates, controls and manages the Services (as defined below) provided by it from its corporate office at E 91, Windsor Park, Vaibhav Khand, Indirapuram, Ghaziabad, 201014 (“Corporate Office”).
1. Acceptance of Terms
All references to "you" or "your" or “user” as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. In the event such a person who accesses, uses and/or participates in the Website is a minor (i.e. less than 18 years of age), “you” or “your” or “user” would include the parent and/or guardian of such minor and the parent and/or guardian shall be obligated to cause and procure the minor to adhere to the obligations as set out hereunder.
The Website is owned and operated by Staycay Abode Solutions Pvt. Ltd.
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE EITHER (i) AT LEAST 18 YEARS OF AGE AND OF SOUND MIND AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT OR (ii) ARE THE PARENT AND/OR GUARDIAN OF THE MINOR USING THE WEBSITE, AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT ON BEHALF OF THE MINOR AND THE SAID MINOR SHALL BE BOUND BY THE SAME.
Membership and Accessibility
1. License to access
2. Membership eligibility criteria
To access and participate in the Website, you will need to create a password-protected account ("Account"). To create an account, you must submit your name, email address, and phone number, through the account registration page on the Website and create a password. You will also have the ability to provide additional/optional information, which is not required to register for an account but may be helpful to HooLiv in providing you with a more customized experience when using the Website. You may at the discretion of HooLiv be also provided with the option of registering for an Account using your existing social network account and log-in credentials (your "Third-Party Site Password").
You are solely responsible for safeguarding your HooLiv password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify HooLiv immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another member’s Account without HooLiv’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not HooLiv will be liable for your losses, damages, etc. (whether direct or indirect) caused by unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of HooLiv or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
- You will not copy or distribute any part of the Website in any medium without HooLiv's prior written authorization.
- You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without HooLiv's prior written approval.
- You shall not in any manual or automated manner collect users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
- You shall not in any way transmit multiple request messages to the HooLiv servers, or any server of a HooLiv subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. HooLiv reserves the right to revoke these exceptions either generally or in specific cases.\
- You shall not take any action that (i) unreasonably encumbers or, in HooLiv's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses HooLiv's measures that are used to prevent or restrict access to the Website.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
3. Additional Policies
1. Prohibitions on submitted content
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile") or the posting of any opinions or reviews in connection with the Website or the Services ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage HooLiv or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant HooLiv all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a HooLiv employee, agent, manager, host, another user, or any other person though any means;
- advertises or solicits a business not related to or appropriate for the Website (as determined by HooLiv in its sole discretion);
- contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm HooLiv, or the interests or property of HooLiv users
- contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of HooLiv
Discriminatory Postings: Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. HooLiv will not knowingly accept any Posting which is in violation of the law. HooLiv has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
2. Prohibitions with respect to services
While using the Website, you shall not:
- post content or items in any inappropriate category or areas on the Website;
- fail to deliver payment for Services purchased by you;
- circumvent or manipulate the fee structure, the billing process, or fees owed to HooLiv; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback.
- Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, HooLiv, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
- Reporting Inappropriate Use of Feedback. You may contact HooLiv regarding any inappropriate use of Feedback via-email at [email protected]
- Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, HooLiv shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, HOOLIV HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. HooLiv reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that HooLiv determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. HooLiv reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that HooLiv deems appropriate in HooLiv's sole discretion. HooLiv may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at HooLiv's discretion, HooLiv will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. HooLiv does not and cannot review every Posting posted to the Website. These prohibitions do not require HooLiv to monitor, police or remove any Postings or other information submitted by you or any other user.
Use of Submitted Content
1. No confidentiality
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, HooLiv does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that HooLiv shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
HooLiv may also disclose user information including personal information if HooLiv reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirements of any governmental authority, (ii) would potentially mitigate HooLiv’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. Your representations and warranties
3. Your ownership rights and license to Hooliv
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
4. Hooliv's disclaimers and right to remove
- You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources and that HooLiv is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HooLiv with respect thereto, and agree to indemnify and hold HooLiv, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
- You are solely responsible for the photos, profiles, and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that HooLiv may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to HooLiv, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and HooLiv is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that HooLiv is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
Copyright Infringement Take Down Procedure
HooLiv has high regard for intellectual property and expects the same level of standard to be employed by its users. HooLiv may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [email protected]
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) 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 at the Website, and information reasonably sufficient to permit HooLiv to locate the material;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit HooLiv to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
Modifications to or Termination of Website
1. Modification or cessation of website
HooLiv reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with o
without notice and in its sole discretion. You agree that HooLiv shall not be liable to you or to any third party for any modification, suspension, or discontinuance of HooLiv services.
2. Termination by Hooliv
3. Termination by you
Since your usage of the Website is linked to the duration of your stay with HooLiv, your usage of the Website shall be terminated when your stay with HooLiv is terminated and/or expires.
4. Effect of termination
Upon termination of your Account, your right to participate in the Website shall automatically terminate. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the HooLiv system.
Unless HooLiv has previously canceled or terminated your use of the Website (in which case subsequent notice by HooLiv shall not be required), if you provided a valid email address during registration, HooLiv will notify you via email of any such termination or cancellation, which shall be effective immediately upon HooLiv 's delivery of such notice.
Upon termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of HooLiv Data (as defined below), Marks (as defined below), and other content in your possession or control. You further acknowledge and agree that HooLiv shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, HooLiv retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted HooLiv hereunder shall remain in effect for the foregoing purpose. In no event is HooLiv obligated to return any Submitted Content to you. Sections that are designed/required to survive termination shall survive expiration or termination of the Website or your Account.
You agree to indemnify and hold HooLiv, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
Intellectual Property Rights
1. Hooliv owns or holds the licenses to all data and marks on the website
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by HooLiv. Other trademarks, names, and logos on this Website are the property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HooLiv reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
2. Hooliv's license to you for the use of data and marks
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
Aspects of the Website and other HooLiv services may be supported by advertising revenue. As such, HooLiv may display advertisements and promotions on the service. The manner, mode, and extent of advertising by HooLiv on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by HooLiv of any advertised products or services. You agree that HooLiv shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
Third-party Links, Contact Forms and Phone Numbers
The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging, and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOOLIV AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. HOOLIV DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. HOOLIV DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT.
CERTAIN SERVICES ON THE WEBSITE OR ON THE PREMISES MAY BE PROVIDED THROUGH A THIRD PARTY VENDOR, IT IS AGRED AND CLARIFIED THAT UNDER NO CIRCUMSTANCES SHALL HOOLIV WOULD BE LIABLE FOR THE PROVISION OF ANY SUCH SERVICES AND YOU SHALL HAVE RIGHTS DIRECTLY AGAINST SUCH VENDOR FOR ANY DEFICIENCY OR LOSS ARISING FROM THE RESPECTIVE SERVICES AND HOOLIV SHLLA IN NO EVENT BE LIABLE FOR ANY CONSEQUENCES ARISING THEREFROM. HOOLIV IS MERELY ACTING AS A FACILITATOR OF SUCH THIRD-PARTY SERVICES FOR YOU AND THUS NOT LIABLE FOR ANY CONSEQUENCES ARISING THEREFROM.
Limitations of Liability
- IN NO EVENT SHALL HOOLIV, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (VII) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOOLIV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF HOOLIV, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO HOOLIV BY YOU HEREUNDER OVER THE PRCEEEDING ONE YEAR.
Indemnification and Release
PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.
No Third-party Beneficiaries
2. Section Headings
Bed/Room Cancellation Policy
1. Cancellation of Booking - Prior to Check-in (Only Booking Amount Paid)
If you have paid only the token amount to book the room, you can cancel your booking request at any point of time, prior to check-in. However, refund process for the token amount paid will be subject to the following policies -
- If you cancel the booking, the token amount paid will be NOT be refunded.
- If the booking request is cancelled by HooLiv, token amount will be automatically refunded. Reasons for cancellation from our side can be due to unavailability of beds on the date requested, or any other unforeseen circumstances.
- In case there is a discrepancy in the personal information provided to us at the time of booking, due to which the booking request has to be cancelled, no refunds will be processed.
2. Cancellation of Booking - Prior to Check-in (Full Bed Plan Amount Paid)
If you have paid the entire amount to due for the room in advance, you can cancel your booking request at any point of time, prior to check-in. However, refund process for the entire amount paid will be subject to the following policies -
- If you cancel the booking, the token amount portion of the advance payment will NOT be refunded. The rest of the advance amount minus the token amount will be automatically refunded.
- If the booking request is cancelled by HooLiv, the entire advance amount will be automatically refunded. Reasons for cancellation from our side can be due to unavailability of beds on the date requested, or any other unforeseen circumstances.
- In case there is a discrepancy in the personal information provided to us at the time of booking, due to which the booking request has to be cancelled, the token amount portion of the advance payment will NOT be refunded. The rest of the advance amount minus the token amount will be automatically refunded.
3. Cancellation of Booking – On The Date of Check-in (Only Booking Amount Paid)
If you have paid only the token amount to book the room, you can cancel your booking request till the day of check-in. However, refund process for the token amount paid will be subject to the following policies -
- If you cancel the booking, the token amount paid will be NOT be refunded.
- If the booking request is cancelled by HooLiv, token amount will be automatically refunded. Reasons for cancellation from our side can be due to unavailability of beds on the date requested, or any other unforeseen circumstances.
- In case there is a discrepancy in the personal information provided to us at the time of booking and during the check-in, due to which the booking request has to be cancelled, no refunds will be processed.
- If there is a no show on the day of check-in, HooLiv reserves the right to cancel your booking. In this event, the entire token amount paid would be NON refundable.
4. Cancellation of Booking - On The Date of Check-in (Full Bed Plan Amount Paid)
If you have paid the entire amount to due for the room in advance and in case you decide to cancel a booking after check-in time or do not show up at the HooLiv property, refund process for the entire amount paid will be subject to the following policies -
- If you cancel the booking on the day of check-in, the entire amount paid in advance for the rental plan will be NON refundable.
- If the booking request is cancelled by HooLiv, the entire amount paid in advance will be automatically refunded. Reasons for cancellation from our side can be due to unavailability of beds on the date requested, or any other unforeseen circumstances.
- In case there is a discrepancy in the personal information provided to us at the time of booking, due to which the booking request has to be cancelled, the entire amount paid in advance for the rental plan will be NON refundable.
- If there is a no show on the day of check-in, HooLiv reserves the right to cancel your booking. In this event, the entire amount paid would be NON refundable.
5. Cancellation of Booking - Post Check-in
If you have already checked-in and then decide to cancel your plan or HooLiv decides to cancel your plan on grounds of violation of tenant agreement, refund process for the amount paid will be subject to the following policies -
- The entire amount paid as part of the monthly rental plan will be NON refundable.
- Security deposit, if any would be refunded in full within 7-14 working days.
How to Cancel?
You can cancel your booking using our website or mobile app or by dropping an email to [email protected]. The applicable refund amount will be credited to you within 7-14 working days to the bank account/credit card that was used to pay the token amount.
© 2018 Staycay Abode Solutions Private Limited. All Rights Reserved