Terms and Conditions
Terms and Conditions constitute an record in terms of the Information Technology Act, 2000 and rules made there under. Www.aurastays.com is a one of brand operated under Damikia Innovations Pvt.Ltd.(hereby referred as "Aurastays"), which enables the user of the Website to connect with independent third party stay providers (referred as "Accommodation Providers") offering renting of various guest houses/hotels/homestays/other stay accommodations listed on the Website.
Your use of the Website 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 the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and Services.
By using this Website you hereby acknowledge and agree that Aurastays is not a hotel/guest house/accommodation owner and has no control over the conduct or behaviour of the Accommodation Providers or the quality, fitness or the suitability of the services provided by Accomodation providers. Aurastays disclaims any and all liabilities in this regard. All reservations that are made on Aurastays are a contract between the individuals and the accommodation providers. Aurastays is in no way responsible or liable for a. the transactions made between individuals and Accommodation Providers; b. transactions occurring over the Internet involve inherent risks such as hacking, phishing, uploading of fraudulent schemes, targeted maligning, etc.; c. accommodation providers are solely responsible for accurately describing the accommodation being provided along with services and amenities that they are providing along with the accommodation; d. Aurastays reserves and retains the right to suspend or stop the listing of any third party at any point of time for any contravention of the Terms and Conditions of Use and for any breach of the terms agreed to by the third parties at the time of listing with Aurastays without prior notice.
If you are not agreeable to all the Usage Terms in their entirety, you must not use this Website and should exit/logout immediately. Your use of the Website implies that you agree with the Usage Terms in their entirety. You agree, acknowledge and recognize that 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 Odisha to the exclusion of all other courts.
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, 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.
The User agrees and acknowledges that this Website can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in India. Aurastays reserves the right to terminate User's access to and refuse to provide User with access to the Website if Aurastays discovers that User is under the age of 18 years. Furthermore Aurastays 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.
Aurastays provides Services on the Website subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website, You acknowledge, declare, confirm and represent & warrant to Aurastays 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. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. Aurastays may add to or change, update these Usage Terms from time to time entirely at its sole discretion. Your use of the Website 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. Website 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 for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website at the time of such use.
The Website is an online marketplace where Users may meet and interact with Accommodation Providers for their transactions. Accommodation Providers list their guest houses, hotels and other lodgings ("Accommodations") on the Website and User reserves the Accommodation at the prices specified by the Accommodation Providers on the Website. Aurastays hereby clarifies and the User agrees and understands that Aurastays is not the owner of the Accommodations and will not be liable for any services or lack of them at the Accommodations booked by the User. It is hereby further clarified that Aurastays and Accommodation Providers are separate and independent entities and Aurastays does not work as representative or agent of the Accommodation Providers. By making a reservation/booking at the listed Accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Accommodation Providers and the User alone.
Aurastays shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Accommodation Providers. In no event,shall Aurastays be made a party to dispute between User(s) and Accommodation Provider(s).
RESERVATION/ BOOKING OF SERVICES
The process of booking Services from this Website may require you to disclose confidential information including Credit Card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.
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, Aurastays has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Aurastays:
(a) the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to Aurastays for Services ordered by the User.
(b) In the event of detecting any suspicious activity from User's account, Aurastays reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
(c) In a credit card transaction; User must use your own credit card for which User has full right & authority to validly use such Credit Card for making payment to Aurastays. Aurastays shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.
(d) While using the Website User shall at all times strictly comply with the payment procedure and the Usage Terms in their entirety.
(e) Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the accommodation and usage fee of the Accommodation as has been displayed on Aurastays' Website. The User agrees and acknowledges that in the Website all Services are offered only at the sole discretion of Aurastays.
USE OF THE WEBSITE
The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the Website by the User: (a) shall not be false, inaccurate, misleading or incomplete; or (b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or (d) shall not be defamatory, libellous, unlawfully threatening or unlawfully harassing; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or (g) shall not create liability for Aurastays or cause Aurastays to lose (in whole or in part) the services of Aurastays'ISPs or other service providers/suppliers. If the User contravenes the foregoing or Aurastays has reasonable grounds to suspect that the User has contravened the foregoing, Aurastays has the right to indefinitely deny or terminate User's access to the Website and to refuse to honour the User's request(s).
The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website. Aurastays does not promote any Accommodations listed on the Website. It is User's responsibility to check the details of the Accommodations listed on the Website at its sole discretion.
Aurastays has endeavoured to provide the most accurate, up-to-date information on this Website. However, the information, materials, Services available on this Website may inadvertently include inaccuracies, typographical errors, or outdated information. Aurastays is not responsible for and shall not be bound to honour typographical or pricing errors on this Website. Aurastays 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 Aurastays believes the User has violated applicable laws or Usage Terms, orders that Aurastays believes are harmful to Aurastays or orders that Aurastays believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Aurastays neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Aurastays 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. Aurastays shall not be responsible for the delay or inability to use the Website 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, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Aurastays shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Aurastays'control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website 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. Aurastays accepts no liability for any errors or omissions, with respect to any information provided to the User.
ACCOUNT AND REGISTRATION
Aurastays makes the Services available to You through the Website only if You have provided Aurastays certain required User information and created an account ("Account") through Aurastays ID and password or other log-in ID and password (collectively, the "Account Information"). The Website requires You to register as a User
PAYMENT AND USAGE FEE
Aurastays reserves the right to charge listing fees for certain listings, as well as transaction fees on the bookings/reservations made using the Website. We reserve the right to alter any and all fees from time to time, without notice. In case, there is any short charging by Aurastays for listing or transaction fees or any other fee because of technical or other reasons, Aurastays reserves the right to deduct/charge/claim the balance subsequently at its own discretion.
Aurastays currently accepts payments through: (a) Indian and international credit cards and Indian debit cards; (b) internet banking of certain banks in India; and, (c) electronic wallets of service providers authorized by RBI. In cases of bulk bookings and in other cases that Aurastays deems appropriate, Aurastays may accept payments through cheques issued by banks in India or in cash. Aurastays may from time to time and in its sole discretion agree to accept payments through such other modes as Aurastays may deem appropriate. All payments must be made in Indian Rupees. Current billing address, phone number and other information demanded on the Website must be included with every request for booking/ reservation.
By booking with Aurastays, you authorize Aurastays and its agents to transact with your bank or other payment gateways to obtain necessary information required to process payment, confirm payment, resolve inquiries and billing disputes and/or as otherwise required to manage the booking/ reservation. You must adhere to the terms and conditions that are prescribed by the payment gateways through which you choose to transact. Aurastays shall not be responsible for any Losses incurred by you while transacting through these payment gateways.
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to Aurastays herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold Aurastays 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 Aurastays 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.
COMPLIANCE WITH LAWS
User and Aurastays shall comply with all the applicable laws applicable to them respectively for using payment facility and the Website.
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to Aurastays or this Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Aurastays 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 and that use of his/her content by Aurastays shall not infringe upon or violate the rights of any third party. Aurastays, its mark and logo are trademarks of Damikia Innovations 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, User warrants to Aurastays that User shall not use this Website for any purpose that is unlawful, unauthorized, or inconsistent with Usage Terms, and the User agrees that this license to use Aurastays Website will terminate immediately upon User's violation of this warranty. Aurastays reserves the right, at its sole discretion, to block/terminate User's access to this Website and its content at any time, with or without notice. All content on this Website, including text, graphics, images, and logos, is the property of Aurastays or its content suppliers and is protected by domestic and international copyright laws and regulations. Aurastays reserves the right to protect its intellectual property rights to the fullest extent under the applicable law.
LIMITATION OF LIABILITY
Aurastays 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 or any of the information, software, services and related graphics contained within the Website or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Aurastays has been advised of the possibility of damages.
Notwithstanding anything to the contrary contained herein or elsewhere, Aurastays' entire liability to the user for any claim arising out of purchasing / browsing the website shall be limited to the amount equivalent to the price paid for the product and services giving rise to such claim.
Aurastays' Guests are requested to kindly take due care of all their personal valuables and belongings. Aurastays management and its employees shall NOT be responsible for ?any loss, theft or damage to the Guests' personal valuables and belongings.
Aurastays shall have no liability to the User for any interruption or delay, to access the Website irrespective of the cause.
This Agreement, and all transactions entered into on or through Website 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 Website, the Usage Terms or any transactions entered into on or through the Website or the relationship between User and Aurastays shall be subject to the exclusive jurisdiction of the courts at Odisha, India and User hereby accede to and accept the jurisdiction of such courts.
Any failure, delay or forbearance on the part of Aurastays 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 Aurastays 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.
Aurastays may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The User may use this material only as expressly authorized by Aurastays and shall not copy, transmit or create derivative works of such material without express authorization. The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
THIRD PARTY LINKS
This Website may at Aurastays sole discretion, contain links to sites owned and maintained by persons or entities other than Aurastays. Aurastays may also provide links to the other sites for purpose of enabling the Customer to make payment to Aurastays. Any of the foregoing links do not constitute an endorsement by Aurastays of any such sites and are provided only as a convenience. Aurastays is not responsible for the content or links displayed on such sites. Aurastays is not responsible for the privacy practices of such sites which Aurastays does not own, manage or control. Aurastays 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 may be linked and Aurastays shall not be responsible for any deficiency thereof. Aurastays does not endorse any or all of the materials, Services, and services available on such linked sites, and Aurastays 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 Customer and is made at Customer's own risk.