-TERMS & CONDITION OF USE-
|We welcome all users and
would like to share the Terms and Conditions of Use with
you. Any services provided by and on Stayingat are subject
to the following Terms and Conditions . If
you use this website it is deemed that you agree to all
the terms and conditions that follow. In the event that
there are any inconsistencies between TAC here and any
additional terms, TAC will prevail.
On Stayingat you can find valuable traveler information,
search for and find travel and travel related products
and services as displayed by the Licensees on the site
and book and buy directly from them. Stayingat is
not a travel product/ travel service provider and hence
is not directly responsible for providing the travel products
and services being offered on the portal. You may transact
on Stayingat or enter into transactions offline with licensees
of Stayingat. However the contract for purchase of product
is exclusively with such licensee. The product
if required to be delivered will be done at the risk of
licensee and user and Stayingat disclaims all responsibility/
liability for the same.
Stayingat.com, the portal/site you are on.
|Kamat Group .:
The clients of Stayingat
company / firm / individual/ person
Product / Service :
travel related product or service developed and sold
by legal entities in the travel business and includes
all travel related service rendered / to be rendered
by a Licensee. Eg. Airline tickets, hotel rooms (Accommodation), tour packages, Weekend packages, cruises, cars etc.
person who accesses the website for any purpose including
but not limited to transactions/ information / browsing
legal entity who chooses to display a travel or related
production Stayingat for the purpose of transaction
It means, in relation to any Party, any act, event or
circumstance, the cause of which is not of such Partys
making nor within that Partys reasonable control,
including (to the extent not of that Partys making
nor within that Partys reasonable control) Act
of God, war, hostilities (whether or not war has been
declared) terrorist acts, acts of any civil or military
authority, government or regulatory direction or restriction,
suspension or withdrawal of licenses or consents, riot,
insurrection, civil commotion, public demonstration,
sabotage, acts of vandalism, fire, flood, earthquake,
extreme weather conditions, epidemic, explosion, the
order of any court or governmental or regulatory authority,
disruption in transportation or communication, breakage
of or accidental damage to equipment, any strike, lock-out,
or other industrial trade dispute (not involving solely
the employees of that Party), structural shift or subsidence,
provided always that lack of funds shall not be interpreted
as a cause which is not a Partys making nor within
a partys reasonable control.
Booking and/or buying a product from licensee whether online hotel reservation or off-line
Or Stayingat, Any legal entity (as defined above)
displaying and/or offering products and services on
|1. Right to Review and
Stayingat has the right to review
these terms and conditions and modify and/or change
and update the same. Notice of such changes/modifications
will be given pursuant to Clause 15
These terms and conditions, as amended
from time to time, will apply for the duration that
you use the website.
3. Member Information
On registration with Stayingat, you shall
bind yourself to provide true and accurate and complete
information in both optional and mandatory categories
as required in the registration form or elsewhere. You
shall be able to update such information by clicking
on Stayingat.com on the Home Page.
Stayingat has the right to disallow you to transact
with licensees on site if and when it has reason to
believe that the information provided by you is incorrect,
inaccurate or incomplete.
We respect the need for securing the information you
provide and all such information is protected and used
policy binds only Stayingat, its affiliates, employees
and any third parties that Stayingat deals with to
provide any or all of the services rendered. Therefore
you are advised to review and satisfy yourself as to
above), webstores, and other websites, product and service
providers where your personal information is requested.
4. User Account, Password, Security
You will be required to choose a username
and a password to enable use of your account. Keeping
the username and password confidential and secure from
misuse is entirely your responsibility.
Any transaction (as defined above) or use or activity
from your account, giving rise to any liability, monetary
or legal or otherwise, are your responsibility. Where
you have reasons to suspect that there may have been
unauthorized use of your account or any breach of security
you must immediately inform Stayingat. Stayingat will
not be responsible, under any circumstances whatsoever,
for any losses that are incurred due to any misuse of
your account by another, with or without your consent
or knowledge or by yourself.
You must ensure that you exit your account when you
end your visit to Stayingat.
Also if any losses are incurred by Stayingat or any
other person due to misuse of your account by another
it will be your responsibility and at your cost.
5. Legal Capacity
To transact you must
have the legal capacity to enter into this agreement
(i.e. You are above 18 years of age and are of sound
mind). Stayingat does provide services that
may well be availed by children/minors. If you allow
children to use your account it will be your responsibility
to monitor their use and liability will be yours in
the event that there is breach of this TAC.
6. Proprietory Rights of Stayingat and Restrictions
Subject matter - Information, not
in the public domain; software made available to use
and/ or download; any name, symbol, device, phrase,
sound, colour used as a distinguishing Mark to identify
goods and/or services; any photograph, design, video
clips, writings, illustrations, music, sound, found
on the website.
Either Interzign Solutions Pvt. Ltd /its associates/affiliates
or another party is the owner or licensee (collectively
referred to as OWNER) of all "subject
matter" that are on the website in which
intellectual property rights subsists.
The portal and its logo are registered trademarks.
Your use of the subject matter is restricted.
You may not copy, reproduce, distribute, republish,
down load, display or post (electronically or otherwise),
transmit, record, reproduce without the prior written
consent of the owner.
7. Restricted Use of Site
You are being given a limited
license to use the site. It is a license to make personal
use of it. You may not modify the site or any part thereof.
The site or its contents may not be used for commercial
purposes. The site or any portion thereof may not be
reproduced/copied or otherwise exploited for the commercial
However you have the restricted right to download and
print subject matter from this website for the limited
purpose of using this website for a transaction/placing
an order or other non-commercial and personal use.
Any breach of this term shall give Stayingat the right
to terminate this limited, non-exclusive license.
8.1 Manner of Use
You may not use this site to transmit in
anyway or post or upload any material or content.
- that may be obscene, illegal, defamatory, abusive,
vulgar or otherwise objectionable or
- that may bring disrepute to the site and harm its
business and or credibility and goodwill.
- that infringes a third partys intellectual
property rights or contractual rights.
- that may hinder the services on the site in anyway.
You are responsible for any contents that
you transmit on or through the JourneyPost services.
You agree not to use these services to harass, harm,
abuse, defame, threaten any other person or body. You
will not conduct yourself in a manner that may violate
the privacy of any person/s or initiates / promotes
or endorses any kind of criminal conduct. You agree
to abide by all the laws and regulations that may apply
to online hotel reservation conduct. You agree not to use any vulgar, obscene or other offending contents when using these
There are links to other websites on this
site and these other sites are outside the control of
Stayingat. You agree that Stayingat will not incur any
liability for any loss or damage that you may incur
due to using any service on that link or any transaction
entered into on that other site. The fact that Stayingat
has agreed to have that link on its site does not imply
any assurances or guarantees as to the quality and nature
of goods and services being provided by that other site.
You agree to indemnify and hold Stayingat
and its subsidiaries, affiliates, officers, agents,
and employees, harmless from any claim or demand, litigation
costs, made by any third party due to or arising out
of the Content you submit, post to or transmit through
the Service, your use of the Service, your connection
to the message board and communication areas or your
violation of the TAC, or your violation of any rights
of any other party.
- Stayingat has the right to disallow you from booking
and/ or buying any products from any Licensee on the
site; it may terminate or stall your account or use
of the service at its sole discretion.
- It may remove and discard any content within the
Service, for any reason, including, without limitation,
for lack of use, without notice.
- Any actions on your behalf that violates or is inconsistent
with the letter or spirit of the TAC will also make
your account liable to be terminated. However you
will be bound to clear all demands, if any, outstanding
in your account.
- Stayingat may also, in its sole discretion and at
any time, without notice, discontinue providing the
service or any part thereof.
- You agree that in the event that Stayingat exercises
its discretion under the provisions of TAC to terminate
your account or any service provided by it such termination
is effective, without incurring any liability and
without any obligation on the part of Stayingat to
give prior notice.
- The effect of the termination can be immediate deletion
of your account and denial of access. Further all
other data and files in your account may also be deleted.
Stayingat is not the travel product or
the travel service provider itself and hence is not
responsible in any manner whatsoever for any deficiency,
delay, defect, error or any other shortcomings in
the travel goods and services provided. You may transact
on Stayingat or enter into transactions offline with
Licensees of Stayingat. However, the contract for
purchase of product is exclusively with such licensee.
The product if required to be delivered will be done
at the risk of licensee and user and Stayingat disclaims
all responsibility/ liability for the same.
You may transact if you expressly acknowledge
and agree that:
- your use of the services on the website or of the
website in any manner is at your own risk.
- the site is provided by Stayingat on an "as
is" and "as available" basis.
- to the fullest extent permitted by applicable law,
Stayingat and its associates and affiliates, expressly
disclaims all warranties, conditions and other terms
of any kind, whether express or implied as to the
operation of the site or the information, materials,
products, services included on this site.
- to the fullest extent permitted by applicable law,
Stayingat expressly disclaims all warranties, express
or implied including, but not limited to any implied
term of merchantability, satisfactory quality, fitness
for a particular purpose and any term as to the provision
of services to a standard of reasonable care and skill
or as to non-infringement of any intellectual property
- No warranty or representation on behalf of Stayingat,
its associates and affiliates is given that:
- the quality of any products, services, information,
or other material purchased or obtained by you
through the site or any services provided by
or on the site will meet your expectations,
- the site and /or any services provided by
it will meet your requirements,
- the service will be without interruptions,
always timely and secure or free from all errors
- the results that may be obtained from the
use of the site or any service provided by it
will be accurate or reliable,
- any errors in the software will be corrected.
- Any material/contents downloaded or otherwise obtained
through the use of the site is done at your own discretion
and risk. Stayingat and/or its associates and affiliates
do not warrant that this site, its servers, or any
mail sent from Stayingat will not have viruses or
If any damage is caused to your computer system
and any losses accrue it will not be the responsibility
You will be solely responsible for any damage to
your computer system or loss of data that results
from the download of any such material.
- Stayingat, its associates and affiliates cannot
guarantee the accuracy, integrity or quality of any
contents. It is a possibility that you may be exposed
to contents that are offensive, indecent or objectionable.
- Advice or information, whether oral or written,
obtained by you from the portal or through or from
the service shall not create any warranty or
other obligation not expressly stated in the TAC.
Limitation of Liability
You expressly acknowledge and agree that
Stayingat shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even
if Stayingat has been advised of the possibility of
such damages), resulting from :
14. Applicable Law/Jurisdiction
- the use or the inability to use the site or any
service provided by it;
- the cost of procurement of substitute goods and
services resulting from any goods, data, information
or services purchased or obtained or messages received
or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions
- statements or conduct of any third party on the
- any other matter relating to the site.
- the failure of Stayingat to perform their obligations
under this contract where such failure is due to a
force majeure event.
Jurisdiction for any disputes arising from
and related to this contract shall be in Delhi for those
raised by the user and concurrently with Delhi the geographical
location of the user for disputes raised by Journey
Mart. The applicable law shall be that of India irrespective
of the conflict of laws.
15. Amendments to TAC
Stayingat may amend this agreement on an
as-needed basis by placing an update of this posting,
and your continued use of the services following each
updated posting shall be your acceptance of any such
modification. Furthermore it is your responsibility
to monitor the Terms and Conditions page of Stayingat
regularly to determine whether the Terms and Conditions
have been modified. If you do not agree with the TAC
of Stayingat, or any modifications thereof to this agreement
you must immediately stop using Stayingat services.
16. ENTIRE AGREEMENT
This agreement represents the entire agreement
between the parties subject to the right of the portal
to amend/delete/modify the contract under this agreement.