FTS Stay User Agreement
THIS USER AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND FTS STAY (BOTH TERMS DEFINED BELOW). THIS USER AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP AND TRANSACTION BETWEEN USER AND FTS STAY FOR THE USE OF THE SERVICES OFFERED THROUGH WEBSITE (DEFINED BELOW).
This User Agreement on the website www.foodtravelstay.com and mobile application under the name and style of "FTS Stay" (the Website) is between FTS Stay (hereinafter referred to as or “Company” or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as “Member” or "You" or "Your" or "Yourself" or "User") describe the terms on which FTS Stay offers You the access to the Website and such other services as are incidental and ancillary thereto ("Services").
FTS STAY RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS TIME TO TIME AND SHALL GIVE NOTICE OF SUCH CHANGES TO OUR USERS VIA E-MAIL OR VIA SMS ON THEIR REGISTERED MOBILE NUMBER IN A TIMELY MANNER.
IT WILL BE ASSUMED THAT USER HAS RECEIVED ANY SUCH NOTICE IF AND WHEN MEMBER MAKES A RESERVATION FOR A FTS STAY VEHICLE AFTER NOTICE OF A CHANGE TO THIS AGREEMENT HAS BEEN PLACED ON Food-Travel-Stay WEBSITE (www.foodtravelstay.com) OR FTS TARVEL MOBILE APPLICATION AND/OR DISTRIBUTED TO USER BY EMAIL OR SMS. BY MAKING A RESERVATION AFTER RECEIVING NOTICE OF ANY CHANGES TO THE AGREEMENT, USER ASSENTS TO AND WILL BE BOUND BY SUCH CHANGES TO THE AGREEMENT. USER MAY DECLINE SUCH CHANGES BY DISCONTINUING TRIPS UNDER FTS STAY’S USER AGREEMENT.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND ANY OTHER DOCUMENT WITH RESPECT TO FTS STAY’S OTHER PROGRAMMES, THESE TERMS AND CONDITIONS SHALL GOVERN EXCEPT OTHERWISE SET FORTH FROM FTS STAY IN WRITING.
FTS Stay, a unit of Yaduvanshi Technologies Pvt. Ltd. and a part of Food-Travel-stay. The company incorporated under the laws of India, with its registered office at Kankarbagh, Patna, India and having CIN: U72900BR2019PTC041925
Scope of FTS Stay Services:
·The FTS Stay Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the FTS Stay Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
·FTS Stay is only a service provider. FTS Stay does not own, create, sell, provide, resell, control, manage, offer or supply any Service. FTS Stay is also not an organizer or retailer of travel packages. Hosts are alone responsible for their Listings and Host services. When Members make or accept a booking, they are entering into a contract directly with each other. FTS Stay is not and does not become a party to or other participant in any contractual relationship between Members, nor is FTS Stay a real estate broker or insurer. FTS Stay is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
·While we may help facilitate the resolution of disputes, FTS Stay has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. FTS Stay does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by FTS Stay of any Host or Listing.
·If you choose to use the FTS Stay Platform as a Host or Co-Host (as defined below), your relationship with FTS Stay is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of FTS Stay for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of FTS Stay. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
·Due to the nature of the Internet, FTS Stay cannot guarantee the continuous and uninterrupted availability and accessibility of the FTS Stay Platform. FTS Stay may restrict the availability of the FTS Stay Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the FTS Stay Platform. FTS Stay may improve, enhance and modify the FTS Stay Platform and introduce new FTS Stay Services from time to time.
Upon accepting the Members Term and Conditions
·FTS Stay has established a website having named “foodtravelstay.com” (“Website”) and mobile application named “FTS Stay” (“App”) where the terms and conditions of renting of rooms/houses/flats/bungalows provided by FTS Stay have been displayed. It is the responsibility of the Member to ask representatives of foodtravelstay.com and obtain a soft copy of the agreement if they are unable to view or access the terms & conditions as set out in website/ Mobile applications.
After Enrolled as Member
·By Accepting these Terms and Conditions, one is able to enroll as a Member of FTS Stay under the Scheme to avail the facility for rental of FTS Stay rooms.
·The Member further acknowledges and understands that he/she shall not at any time challenge any of the provisions of these Terms or the contents of the Website on the premise that the terms and conditions have not been read by the Member or that the Member is not aware of the enrollment formalities or that the Member has not understood any provision of these Terms or the procedures, formalities, benefits rights and/or obligations as contained on the Website.
·Note:- The user is person who registered with FTS Stay and customer is a person who rented a room using the website or Mobile App.
As a Member:
·The Members must be at least 18 years of age or above and capable of entering, performing and adhering to these terms. If any individual under the age of 18 years browse or utilize the FTS Stay platform, they shall do so only with the guidance, involvement and supervision of their parents and/or legal guardians, under such parent/guardian’s registered account. If FTS Stay discovers that the User is under the age of 18 years, FTS Stay reserves the right to terminate User’s access and refuse to provide User with access to the FTS Stay platform.
·User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. So, the Members must provide a Government issued identification form for verification and other document, if required. The Member must show the same to the FTS Stay representative at the time of personal verification.
As a Host/Owner:
·You must have the valid papers of the House/Flat/Bungalow.
·You must have to show the valid and verified identity form (Government issued) to the FTS Stay representative.
The access to or use of certain areas and features of the FTS Stay Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the FTS Stay Platform.
·You must register an account ("FTS Stay Account") to access and use certain features of the FTS Stay Platform, such as publishing or booking a Listing. If you are registering a FTS Stay Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
·You can register a FTS Stay Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google. You can any time disable the connection between your FTS Stay account and the Google, Facebook account.
·You must provide the accurate, current and complete information during the registration process with FTS Stay. You have to keep your FTS Stay public page information up-to-dated at all times.
·You are solely responsible for maintaining the confidential and security of your FTS Stay account. You may not disclose any important things, such as password or OTP to any third party. If you know and have any reason to suspect that your credentials have been lost, stolen, misused, or in case of any actual or suspected unauthorized use of your FTS Stay account, you must immediately notify FTS Stay for the safety of your account.
·You may not register more than one FTS Stay account.
Booking Through FTS Stay:
While booking a vehicle using our website or mobile application, the user needs to follow the instructions. The user will be required to:
·Search the room/house/flat/bungalow around their respective area by using our mobile application.
·Select the room/house they want to rent (according to user’s choice and need)
·Provide the start and end date, indicating the time for which the User wants to rent the room/house/flat.
·Provide the number of members involving in your trip.
·Wait for the Owner of the house to accept your booking.
·Once the Owner accepted your booking, User can get the mobile number, location and address of the Owner.
·You can contact the Owner and get the details and start your trip.
In case, if the User wants to extend the time, the User must inform the same to the Owner and FTS Stay in advance, for Fee policy. The User extension will solely depend upon the Owner. The Owner will allow any extension and also can refuse the same. If the Owner agrees then The User must pay in advance for any kind of Extension on the booking time.
If the User wants to shorten the booking time, He/She must inform the Owner. The user also must inform FTS Stay for any charge return.
Terms Specific For Hosts/Guests:
·When Creating a Host profile with FTS Stay, the User must
1.Provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability),
2.Disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and
3.Provide any other pertinent information requested by FTS Stay. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
·Any terms and conditions included in your Listing of your room/house/flat with FTS Stay, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
·Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. FTS Stay reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution. If there is any difference between the images you provide while listing and the actual condition of your room, then FTS Stay reserves the right to take action such us by not allowing them to use FTS Stay service in future.
·You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
·The placement and ranking of Listings in search results on the FTS Stay Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
·When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
·FTS Stay recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
·If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the FTS Stay Platform i.e. when the Guests come to their place for accommodation.
·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 Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
·You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
·FTS Stay may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”).
·Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the FTS Stay Platform, including any Listing created by a Co-Host on their behalf.
·Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host.
·Both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.
·Any agreement formed between Host and Co-Host may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by FTS Stay. FTS Stay reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.
·Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that FTS Stay (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service.
·When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s).
·As a Co-Host, you will not be reviewed by Guests, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Host’s conduct and performance.
Terms Specific For Gusts:
·Subject to meeting any requirements (such as completing any verification processes) set by FTS Stay and/or the Host, you can book a Listing available on the FTS Stay Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your FTS Stay Account.
·Upon receipt of a booking confirmation from FTS Stay, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. FTS Stay Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation.
·If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host.
·If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
·You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
·You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host.
·If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law.
·You may request the Host for an Overstay. For this you have to ask the Host and FTS Stay both. If the Host agrees and if there is no other booking of that house, then after paying the Overstay fees (“including all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host) and security deposit (if asked by the Host), you are allowed to Overstay.
·You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing.
·At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
·Before and during your Stay at the Host’s service, you must at all times adhere to the Hosts’ instructions.
·You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the FTS Stay Platform.
Modification, Cancellation, Refund:
·Hosts and Guests are responsible for any modifications to a booking that they make via the FTS Stay Platform or direct FTS Stay customer service or FTS Stay representative to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
·Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and FTS Stay Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy.
·If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, FTS Stay may allow the Guest to apply the refund to a new booking, in which case FTS Stay Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction.
·If weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service.
·Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.
·FTS Stay reserves the right to cancel a pending or confirmed booking and initiate the corresponding refund and payouts.
·If a Guest or FTS Stay cancels a confirmed booking, and the Guest receives a refund in accordance or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, FTS Stay Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.
·Except as otherwise set out in these Terms, Members may use the Help Center to send or request money for refunds, additional Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Help Center in connection with your FTS Stay Account, and FTS Stay Payments will handle all such payments.
Damages and Disputes between Members:
·As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
·If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to FTS Stay, you will be given an opportunity to respond. If you agree to pay the Host, or FTS Stay determines in its sole discretion that you are responsible for the Damage Claim, FTS Stay via FTS Stay Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms.
·Members agree to cooperate with and assist FTS Stay in good faith, and to provide FTS Stay with such information and take such actions as may be reasonably requested by FTS Stay, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation (ii) Experiences, (iii) Co-Host agreements, or (iv) a Group Payment Booking.
·If you are a Guest or a Co-Host, you understand and agree that FTS Stay may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host. You agree to cooperate with and assist FTS Stay in good faith, and to provide FTS Stay with such information as may be reasonably requested by FTS Stay, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as FTS Stay may reasonably request to assist FTS Stay in accomplishing the foregoing.
Referral Code Policy:
FTS Stay will provide Referral Codes to the User. The referral codes will only be applicable at the first booking from FTS Stay. The amount will be deduced from the total amount. The Deducted amount will be decide and applicable only at the time of first booking.
The amount will not be deduct, if a User fails to enter the correct Referral code and have to pay the total amount prescribed by FTS Stay.
·As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
·Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
·You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
·FTS Stay reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the FTS Stay Platform. In connection with your use of the FTS Stay Platform, you will not and will not assist or enable others to:
·Violate or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
·use the FTS Stay Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies FTS Stay endorsement, partnership or otherwise misleads others as to your affiliation with FTS Stay;
·use the FTS Stay Platform in connection with the distribution of unsolicited commercial messages ("spam");
·Sell or otherwise transfer your profile;
·offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the FTS Stay Platform;
·unless FTS Stay explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
·contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the FTS Stay Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
·use the FTS Stay Platform to request, make or accept a booking independent of the FTS Stay Platform, to circumvent any Service Fees or for any other reason;
·request, accept or make any payment for Listing Fees outside of the FTS Stay Platform or FTS Stay Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold FTS Stay harmless from any liability for such payment;
·discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
·misuse or abuse any Listings or services associated with the FTS Stay Open Homes program as determined by FTS Stay in its sole discretion;
·use, display, mirror or frame the FTS Stay Platform or Collective Content, or any individual element within the FTS Stay Platform, FTS Stay's name, any FTS Stay trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the FTS Stay Platform, without FTS Stay's express written consent;
·dilute, tarnish or otherwise harm the FTS Stay brand in any way, including through unauthorized use of Collective Content, registering and/or using FTS Stay or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to FTS Stay domains, trademarks, taglines, promotional campaigns or Collective Content;
·use any robots, spider or other automated means or processes to access, collect data or other content from or otherwise interact with the FTS Stay Platform for any purpose;
·Attempt to impersonate another user or person or use the username of another user;
·avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by FTS Stay or any of FTS Stay's providers or any other third party to protect the FTS Stay Platform;
·attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the FTS Stay Platform;
·take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the FTS Stay Platform;
·violate or infringe anyone else’s rights or otherwise cause harm to anyone.
If you feel that any Member you interact with, whether online or in person, 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 FTS Stay by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
Suspension and Termination:
·You may terminate this Agreement at any time by sending us an email. If you cancel your FTS Stay Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your FTS Stay Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
·You may terminate this Agreement at any time by sending us an email. If you cancel your FTS Stay Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your FTS Stay Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. FTS Stay may immediately, without notice, terminate this Agreement and/or stop providing access to the FTS Stay Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) FTS Stay believes in good faith that such action is reasonably necessary to protect the personal safety or property of FTS Stay, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
·In case of non-material breaches and where appropriate, you will be given notice of any intended measure by FTS Stay and an opportunity to resolve the issue to FTS Stay's reasonable satisfaction.
·If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
·When this Agreement has been terminated, you are not entitled to a restoration of your FTS Stay Account or any of your Member Content. If your access to or use of the FTS Stay Platform has been limited or your FTS Stay Account has been suspended or this Agreement has been terminated by us, you may not register a new FTS Stay Account or access and use the FTS Stay Platform through an FTS Stay Account of another Member.
Reviews and Ratings:
Ratings and Reviews are very important for the transparent service.
·Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of FTS Stay. Ratings and Reviews are not verified by FTS Stay for accuracy and may be incorrect or misleading.
·Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language.
·Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
·Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the FTS Stay Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the FTS Stay Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the FTS Stay Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you.
When You use the Website or send emails or other data, information or communication to FTS Stay, You agree and understand that You are communicating with FTS Stay through electronic records and You consent to receive communications via electronic records from FTS Stay periodically and as and when required. FTS Stay will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law, It is further clarified that You can also use the customer support e-mail, Facebook page and twitter handle of FTS Stay to share your words of appreciation pertaining to your Stay only.
FTS Stay captures, stores, processes and uses the Customer’s personal data, including, but not limited to, the usage and data as they relate to the Customer, to the extent this is necessary for the administration and implementation of this Agreement and the Customer’s use of the FTS Stay vehicle.
Should third-party services be used, FTS Stay is entitled to forward to the third-party service provider the Customer’s personal data, to the extent this is required in order to fulfill customership or use requirements.
FTS Stay is entitled to provide Customer’s personal data to third-parties for the purposes of providing individualized offers, services, and other customized information to Customers.
FTS Stay shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.
FTS Stay shall be entitled to disclose information of the User to FTS Stay’s parent company and to all companies controlled by FTS Stay or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by FTS Stay, in its absolute discretion.
In the event of any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between a Guest and the Host or a Guest and FTS Stay or their respective representatives or assigns under, out of, in connection with, or in relation to, these Terms (or the subject matter of these Terms) including, without limitation, all disputes, differences, controversies and questions relating to the validity, interpretation, construction, performance and enforcement of any provision of these Terms, (hereinafter referred to as a “Dispute”), the same shall be referred to binding arbitration at the request of the User or FTS Stay, in writing, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or alteration thereof for the time being in force. The arbitral tribunal shall comprise a sole arbitrator to be appointed by FTS Stay whose decision in relation to any such Dispute shall be final and binding on the Parties hereto.
The costs of arbitration shall be fixed by the arbitral tribunal and the tribunal in the final award shall specify
·The party entitled to costs;
·The party who shall pay the costs;
·The amount of such costs; and
·The manner in which the costs shall be paid. For the purpose of this Clause, ‘costs of arbitration’ shall mean the fees and expenses of the arbitrator, legal fees and expenses, any administrative fees and any other expense incurred in connection with the arbitral proceedings and the arbitral award.
These Terms shall be governed by and interpreted and construed in accordance with the substantive laws of India, without regard to the conflict of law’s provisions thereof. The courts in Patna shall have exclusive jurisdiction on all matters pertaining to this Agreement.
User must not aid or encourage the filing of any third-party claim or lawsuit against FTS Stay, and User must cooperate fully with FTS Stay and FTS Stay’s insurer in the investigation and defense of any claim or lawsuit.
User must immediately notify and deliver to FTS Stay every summons, complaint, document, or notice of any kind received by User in any way relating to an accident, theft, or other circumstances related to the FTS Stay.
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to FTS Stay herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold FTS Stay harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by FTS Stay that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
FTS Stay shall also use Web beacon or other technologies, often in conjunction with cookies, to enhance its Service on a number of pages of FTS Stay’s website. A non-identifiable notice of a visitor’s visit to a page on FTS Stay’s site is generated and recorded, and which may be processed by FTS Stay or by FTS Stay’s suppliers. To disable some of these features, Users may disable cookies in the web browser’s settings. Web beacon and other technologies will still detect visits to these pages, but the notices they generate are disregarded and cannot be associated with other non-identifiable cookie information.
Links to third party websites: FTS Stay’s website may contain links to third-party websites, products, and services. Information collected by third parties may include things as location data or contact details, as governed by the privacy practices. FTS Stay encourages its Users to learn about the privacy practices of those third parties.
Information Security: FTS Stay take precautions – including administrative, technical, and physical measures – to safeguard its Users personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access but does not guarantee the complete security of such personal Information.
When a User uses FTS Stay’s services or post on the Site, some of the Personal Information the User share shall be visible to other Users and can be read, collected, or used by them. The User shall be held responsible for such Personal Information the User chooses to submit in these instances. The Users shall be further responsible for maintaining the confidentiality of its account and password and every User shall agree to accept the responsibility for all activities that occur under his/her account or password.
Limitation of Liability:
FTS STAY 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 FTS STAY Platform or any of the information, software, services and related graphics contained within the FTS STAY Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if FTS STAY has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, FTS STAY'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING FTS STAY SERVICES/ BROWSING THE FTS STAY PLATFORM SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
Governing Law and Jurisdiction: This Agreement, and all transactions entered into on or through FTS Stay Platform 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 hereto the FTS Stay Platform, the terms or any transactions entered into on or through the FTS Stay Platform or the relationship between User and FTS Stay shall be subject to the exclusive jurisdiction of the courts at Delhi and User hereby accede to and accept the jurisdiction of such courts.
No Waiver: Any failure, delay or forbearance on the part of FTS Stay 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 FTS Stay of any right, power or privilege preclude any other future exercise or enforcement thereof.
Severability: 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.
In case of any questions or concerns about the Policy or data processing, Users shall contact at:
Address: G-19, Lochan Enclave, Kankarbagh, Patna-800020