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CONDITIONS FOR USER REGISTRATION
Registration on the Website/App is free.
‘PDEN User’ means that you are a guest or host.
If you do not agree to all the usage terms, do not use this
website/app. Your use of the website/app implies that you agree with the usage
terms completely. The contract of sale is made in India, is governed
exclusively by laws of India and is subject to the exclusive jurisdiction of
the courts in Hyderabad, India.
You hereby represent and warrant that you are at least
eighteen (18) years of age or above and are capable of entering, performing and
adhering to these usage terms and that you agree to be bound by these usage
terms. While individuals under the age of 18 may utilize/browse the
website/app, they shall do so only with the involvement, guidance and
supervision of their parents and/or legal guardians, under such Parent/Legal
guardian’s registered account.
PDEN reserves the right to terminate User’s access to and
refuse to provide user with access to the Website/ App if PDEN discovers that
user is under the age of 18 years. Furthermore PDEN has the right at its sole
discretion to refuse to provide access to or terminate the access of any
person(s) whatsoever with or without notice.
PDEN provides Accommodation Services on the website/app
subject to complete adherence to the usage terms by the user (Guest/Host). By
accessing, viewing, or using this website/app, you acknowledge, declare,
confirm, represent, and warrant to PDEN that you have read and understood the
usage terms and accept them as an agreement as the binding legal contract
equivalent of a duly signed contract binding on you. This agreement is
effective immediately upon your accessing, viewing, or using this website/app.
You are advised to regularly check for any amendments or updates to the usage
terms mentioned herein from time to time. PDEN may add, change or update these
usage terms from time to time entirely at its sole discretion.
Your use of the website/app and any amendment to the usage
terms shall constitute your acceptance of these usage terms and you agree to be
bound by any such changes/revisions/amendments. The website/app shall not be
obliged to notify you, irrespective of the fact that you are registered or not,
of any modifications made to the usage terms. Your access to the website/app
for purchasing the Accommodation Services or browsing is subject to the most
updated version of the usage terms appearing on the website/app at the time of
such use.
TERMS & CONDITIONS OF USE
The domain name www.pden.in (hereinafter referred to as
"Website") and its Mobile Application (hereinafter referred to as
"App") is licensed for use by XXXXXXXX Private Limited, an Indian Company, duly
incorporated pursuant to sub-section (2) of section 7 of the Companies Act,
2013 and rule 8 of the Companies (Incorporation) Rules, 2014 with its
registered office at HYDERABAD, TELANGANA, INDIA 500 084. (hereinafter referred
to as ‘PGO’ - brand name for accommodation booking services through website/app
offered by XXXXXXXX Private Limited)
which enables the user (Guest) of the website or app to connect with
independent third party property owners (Host) offering various
hostels/PGs/service apartments/lodges/cottages/guest houses/hotels/accommodations
for rent (hereinafter referred to as ‘Property’) listed on the website and/or
app (Accommodation Services). Similarly, the so called Host, also User on this
website/app can list his property to offer to the other users (Guest). PGO
creates a platform for both the users to connect to each other.
Your use of the website and/or app is an acknowledgment that
you have reviewed the Terms and Conditions and agree to comply with and be
legally bound thereby. These Terms and Conditions govern your access to and use
of the website and/or app, the accommodation services (for guest) and to list
your property (for host). If you do not agree to these terms and conditions,
you must refrain from using the website and/or app and the services.
By using this website/app you (guest) hereby acknowledge and
agree that PGO is not the property owner and has no control over the conduct or
behavior of the host or the quality, fitness or the suitability of the services
provided by host. PGO disclaims any and all liabilities in this regard.
By using this website/app you (host) hereby acknowledge and
agree that PGO is not representing any of your property or you (host), or the
guests (also users) availed your services. PGO has no control over the conduct
or behavior of the guest (also user).
USAGE OF WEBSITE & APP
The website/app are an online marketplace where users (guest
or host) may meet and interact with each other for their transactions. Hosts
shall list their properties on the website/app and guests reserve the
accommodation at the prices specified by the host (also user) on the
website/app. PGO reiterates that PGO and Hosts are separate and independent
entities and PGO does not work as representative or agent of the host. By
making a reservation/booking at the listed properties the guest enters into
commercial/contractual terms as offered by and agreed to between host and the
guest (among the users) only.
PGO shall not be responsible and shall not be required to
mediate or resolve any dispute or disagreement between Guest and Host. In no
event, shall PGO be made a party to dispute between Guest(s) and Host(s) (among
Users).
The user (guest/host) agrees, acknowledges, confirms and
undertakes that the registration data, information/data provided or uploaded
onto the website/app by the user:
PGO has endeavored to provide the most accurate, up-to-date
information on this website/ App. However, the information, materials, Services
available on this website/app may inadvertently include inaccuracies,
typographical errors, or outdated information. PGO is not responsible for and
shall not be bound to honour typographical or pricing errors on this
website/app. PGO reserves the right to refuse or cancel orders at any time,
including but not limited to the following orders that contain incorrect prices
or product descriptions, orders in which PGO believes the user (guest/host) has
violated applicable laws or usage terms, orders that PGO believes are harmful
to PGO or orders that PGO believes are fraudulent or based on illegal,
fraudulent or deceitful use/furnishing of information or based on false
information. PGO neither warrants nor makes any representations regarding the
quality, accuracy or completeness of any data, information, product or service.
PGO expressly disclaims any warranties and conditions whether express or
implied about their accuracy, completeness, correctness, suitability,
reliability, availability, timeliness, quality, continuity, performance, error
free or uninterrupted operation/functioning, fitness for a particular purpose,
workmanlike effort, non-infringement, lack of viruses or other harmful
components. PGO shall not be responsible for the delay or inability to use the
website/app or related functionalities, the provision of or failure to provide
functionalities, or for any information, software, services, functionalities
and related graphics obtained through the website/app, or otherwise arising out
of the use of the website/app, whether based on contract, negligence, strict
liability or otherwise. Further, PGO shall not be held responsible for
non-availability of the website/app during periodic maintenance operations or
any unplanned suspension of access to the website/app that may occur due to
technical reasons or for any reason beyond PGO’s control. The user (guest/host)
understands and agrees that any material or data downloaded or otherwise
obtained through the website/app is done entirely at their own discretion and
risk and they will be solely responsible for any damage to their computer
systems or loss of data that results from the download of such material or
data. PDEN accepts no liability for any errors or omissions, with respect to
any information provided to the user.
USER ACCOUNT AND REGISTRATION
PDEN makes the services available to you through the
website/app only if you have provided PDEN the required user information and
created an account through PDEN ID and password (the ‘Account Information’).
The website/app requires you to register as a user (guest/host) by creating an
account in order to utilize the services provided by the website/app. You will
be responsible for maintaining the confidentiality of the account information,
and are fully responsible for all activities that occur under your account. You
agree to
PDEN also allows restricted access to the website/ App for
unregistered users (also called Visitors). At the time of registration, you
shall ensure that the Account Information provided by you (Guest/ Host) in the
website/ App's registration form is complete, accurate and up-to-date. Use of
another user’s account information is expressly prohibited.
When you use the website/ App, you agree and understand that
you are communicating with PDEN through electronic records and you consent to
receive communications via electronic records from PDEN periodically and as and
when required. PDEN may communicate with you by email or SMS or such other mode
of communication, electronic or otherwise. You specifically agree that PDEN
shall not be responsible for unauthorized access to or alteration of your
transmissions or data, any material or data sent or received or not sent or not
received. Further, PDEN will make best efforts to safeguard the confidentiality
of your personally identifiable information available with it, but
transmissions made by means of the internet cannot be guaranteed or made
absolutely secure. By using this website/ App, you agree that PDEN shall not be
liable for disclosure of your information due to errors in transmission or
unauthorized acts of third parties. Without prejudice to the foregoing you
(Guest/ Host) agree that PDEN shall not be held liable or responsible for
'phishing attacks' on you. You may accept or decline the cookies when you
accesses PDEN’s website/ App. It is the User’s responsibility to set his
browser to alert him to accept or to reject cookies.
PDEN reserves the right to make, at its sole discretion, any
modifications or changes whatsoever to the website/app or the information,
listings and services described on the website/app at any time. Such
modifications or changes shall be effective immediately when they are made.
LIST YOUR PROPERTY (by HOST) & MAKE A BOOKING FOR A
PROPERTY (by GUEST)
The process of listing your property (by Host) and the
process of booking accommodation services (by Guest) from this website/app may
require you (Host/Guest) to disclose confidential information such as credit
card number, net banking etc. To prevent any possibility of unauthorized access
to your confidential information such as name, address etc. you (Guest) shall
not use/access this site from unsecure computers, unsecure communication links,
unsecure mobile phones or unsecure locations.
The process of listing your property (by Host) and the
process of booking accommodation services (by Guest) from this website/app may
require you (Host/Guest) to disclose confidential information such as credit
card number, net banking etc. To prevent any possibility of unauthorized access
to your confidential information such as name, address etc. you (Guest) shall
not use/access this site from unsecure computers, unsecure communication links,
unsecure mobile phones or unsecure locations.
That relying on declarations, confirmations, information and
obligations made/undertaken by the user in accordance with usage terms, and
believing the same to be true and acting on the faith thereof, PDEN has agreed
to provide the services to the user (Guest or Host) as per the usage terms
mentioned herein. In particular, the User (Guest or Host) does hereby agree,
undertake and represent & warrant to PDEN:
The user (Guest/Host) agrees and acknowledges that in the
website/app all services are offered only at the sole discretion of PDEN.
LIMITATION OF LIABILITY
PDEN shall not be liable for any damages of any kind
whatsoever including but not limited to direct, indirect, incidental, punitive,
exemplary and consequential damages, damages for loss of use, data or profits,
or other intangible losses, which may arise or are arising from the use of this
website/app or any of the information, software, services and related graphics
contained within the website/app or any of the services offered, regardless of
whether such damages are based on contract, tort, negligence, strict liability
or otherwise, and even if PDEN has been advised of the possibility of damages.
PDEN Guests (also users) are requested to kindly take due
care of all their personal valuables and belongings while they are availing the
accommodation services offered by Host (also User). PDEN management and its
employees shall NOT be responsible for any loss, theft or damage to the guests' personal
valuables and belongings.
Notwithstanding anything to the contrary contained herein or
elsewhere PDEN’s entire liability to the user (guest/host) for any claim
arising out of purchasing or browsing the website/app shall be limited to the
amount equivalent or less to the price paid for the products/services giving
rise to such claim.
INTELLECTUAL PROPERTY
The user agrees that any reviews, feedback, comments, ideas,
suggestions, information, or any other content which he contributes to PDEN or
this website/app (including the name you submit with any content) will be
deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right
and license for PDEN to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works from, display worldwide, or act
on such content--without additional approval or consideration--in any form,
media, or technology now known or later developed for the full term of any
rights that may exist in such content, and you waive any claim to the contrary.
The user represents and warrants that user owns or otherwise controls all of
the rights to the content that he/she may contribute to this website/app and
that use of his/her content by PDEN shall not infringe upon or violate the
rights of any third party. PDEN, its mark and logo are trademarks of XXXXXXXX Private Limited. You understand and agree not
to display or use these trademarks in any manner whatsoever.
As a pre-condition of use of this website/app, user warrants
to PDEN that user shall not use this website/app for any purpose that is
unlawful, unauthorized, or inconsistent with usage terms, and the user agrees
that this license to use PDEN website/app will terminate immediately upon
user's violation of this warranty. PDEN reserves the right, at its sole
discretion, to block/terminate user's access to this website/app and its
content at any time, with or without notice. All content on this website/app,
including text, graphics, images, and logos, is the property of PDEN or its
content suppliers and is protected by domestic and international copyright laws
and regulations. PDEN reserves the right to protect its intellectual property
rights to the fullest extent under the applicable law.
THIRD PARTY LINKS
This website/app may at PDEN’s sole discretion, contain
links to sites owned and maintained by persons or entities other than PDEN. PDEN
may also provide links to the other sites for purpose of enabling the users
(guest/host) to make payment to PDEN. None of the foregoing links constitute an
endorsement by PDEN of any such sites and are provided only as a convenience. PDEN
is not responsible for the content or links displayed on such sites. PDEN is
not responsible for the privacy practices of such sites which PDEN does not
own, manage or control. PDEN does not regularly review, and makes no warranty
or representation regarding materials posted, or services or services offered,
on the sites to which this website/app may be linked and PDEN shall not be
responsible for any deficiency thereof. PDEN does not endorse any or all of the
materials, Services, and services available on such linked sites, and PDEN
expressly disclaims responsibility for the contents of any linked site, the
accuracy of any information contained in a linked site, and the quality of the
services and services offered at any linked site. Any decision to view the
contents of any linked site is solely the responsibility of the customer and is
made at the customer's own risk.
JURISDICTION
This agreement, and all transactions entered into on or
through website/app shall be interpreted, construed and governed by the laws of
India which shall be applicable to this agreement without regard to principles
of conflict of laws. User agrees that all claims, differences and disputes
arising under or in connection with or in relation to the website/ App, the
usage terms or any transactions entered into on or through the website/app or
the relationship between the user and PDEN shall be subject to the exclusive
jurisdiction of the courts at Hyderabad, India and user hereby accede to and
accept the jurisdiction of such courts.
Any failure, delay or forbearance on the part of PDEN in:
(i) exercising any right, power or privilege under this Agreement; or (ii)
enforcing terms of this Agreement, shall not operate as a waiver thereof, nor
shall any single or partial exercise by PDEN of any right, power or privilege
preclude any other future exercise or enforcement thereof.
The parties hereto agree that each of the provisions contained in this agreement shall be severable, and the unenforceability of one or more provisions of this agreement shall not affect the enforceability of any other provision(s) or of the remainder of this agreement.
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