Terms
Of Use ...
By using
Budgetstays Online Service you agree and accept the following Terms
of Service without any reservations.
1.
USER'S REGISTRATION OBLIGATIONS
In consideration of use of the Service, the User agrees to: (a)
provide true, accurate, current and complete information about the
User as prompted by the Registration Form, and (b) to maintain and
update this information to keep it true, accurate, current and complete.
This information about a User shall be referred to as "Registration
Data." If any information provided by the User is untrue, inaccurate,
not current or incomplete, Budgetstays.com has the right to terminate
the User's account and refuse any and all current or future use
of the Service.
2.
MODIFICATIONS TO TERMS OF SERVICE
Budgetstays.com reserves the right to change the Terms of Service
Agreement. The User will be notified of any such changes by a startup
screen or mail describing the changes.
3.
MODIFICATIONS TO SERVICE
Budgetstays.com reserves the right to modify or discontinue, temporarily
or permanently, the Service with or without notice to the User.
The User agrees that Budgetstays.com shall not be liable to the
User or any third party for any modifications or discontinuance
of the Service.
4.
MEMBER ACCOUNT, PASSWORD AND SECURITY
The User is responsible for maintaining the confidentiality of the
password and account, and is fully responsible for all activities
which occur under the User's password or account. The User agrees
to immediately notify the Service of any unauthorized use of the
User's password or account or any other breach of security.
5.
MEMBER CONDUCT
The User agrees to abide by all applicable local, state, national
or international laws, rules and regulations in the User's use of
the Service, and agrees not to interfere with the use and enjoyment
of the Service by other Users. The User agrees to be solely responsible
for the contents of the User's transmissions through the Service.
The User agrees (a) not to use the Service for illegal purposes;
(b) not to interfere with or disrupt the Service or servers or networks
connected to the Service; (c) to comply with all requirements, procedures,
policies and regulations of networks connected to the Service.
The User agrees not to transmit through the Service any unlawful,
harassing, libelous, privacy invading, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind.
The User agrees not to transmit any material that violates the rights
of another, including but not limited to the intellectual property
rights of another. The User agrees not to transmit any material
that violates any applicable local, state, national, or international
laws, rules or regulations. The User agrees not to attempt to gain
unauthorized access to other computer systems or networks connected
to the Service. Finally, the User agrees not to transmit "junk
mail", "spam", "chain letters", or unsolicited
mass distribution of email.
6.TERMINATION
The User agrees that Budgetstays.com may terminate the User's password,
account or use of the Service if Budgetstays.com believes (a) that
the User has violated or acted inconsistently with the letter or
spirit of the Terms of Service Agreement, or (b) that the User has
violated the rights of Budgetstays.com. The
User acknowledges and agrees that any termination of Service under
this Agreement under any provision of this Agreement may be effected
without prior notice and acknowledgement.
Either Budgetstays.com or the Member may terminate this Agreement
at any time by giving a notice or sending an e-mail to the other
party.
Upon termination of the Agreement, the Member shall: Honour
and complete all outstanding transactions and effect the sale /
purchase of Product or Service made on or through Budgetstays.com.
7. DEALINGS WITH ADVERTISERS The
User's correspondence with or participation in promotions of Advertisers
found on the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
the User and such Advertisers. The User agrees not to hold Budgetstays.com
liable for any loss or damage of any sort incurred as the result
of any such dealings or as a result of the presence of such Advertisers
on the Service.
8. LINKS
The Service may provide, or the Users may include in mail, links to other Web sites or resources.
The User acknowledges and agrees that Budgetstays.com is not responsible
for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or
resources. The User agrees that Budgetstays.com shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance
on any such content, goods or services available on such external
sites or resources.
9 Budgetstays.com'S PROPRIETARY RIGHTS
The User acknowledges and agrees that content, including but not
limited to text, software, music, sound, photographs, graphics,
video, or other material contained in sponsor advertisements or
information presented to the User through the Service or Advertisers
is protected by copyrights, trademarks, service marks, patents,
or other proprietary rights and laws. The User acknowledges and
agrees that the User is permitted to use this material and information
only as expressly authorized by Budgetstays.com or Advertisers,
and shall not copy, reproduce, transmit, distribute, or create derivative
works of such content or information without express authorization.
10.
INTELLECTUAL PROPERTY RIGHTS
All Users confirm and accept that all data / software developed
or collected by Budgetstays.com in connection with the operation
of the website is the exclusive property of Budgetstays.com
All third party
content published and / or posted on Budgetstays.com is the property
of the respective copyright
owners and may not be copied or published or distributed in any
way by any of the Users for Commercial purposes. Any
information provided by the Users during Registration, Posting an
Offer to sell / Buy a Product or Service, Acceptance of Offer, is
the sole responsibility of the User. All Users grant to Budgetstays.com
a non-exclusive, worldwide, perpetual, irrevocable, royalty - free
right to use the information in connection with the operation of
the Internet Business. However, Budgetstays.com may take action
with respect to such information and the Users as deemed necessary
or appropriate in the sole discretion of Budgetstays.com, if Budgetstays.com
believes it may create liability for Budgetstays.com OR for other
Users of Budgetstays.com or make or lose (in whole or part) the
services of ISP's of
Budgetstays.com or other
suppliers.
11.USE OF Budgetstays.com
Budgetstays.com acts only
as a Marketplace to provide the Users and the Providers a platform
for placing their offers and inquiries and for on-line negotiation.
Budgetstays.com have no control over the quality, legality of the offers provided
or the inquiries sought; the truth or the accuracy of the listings or the ability of those who have
placed their inquiries or offers to complete the transactions and
therefore shall not be in any way liable.
12.LIABILITY
Budgetstays.com shall not be liable to any User or any third party for any direct,
indirect, incidental, special, punitive or consequential loss of
Profit, loss of earnings, loss of business opportunities, damages,
expenses or costs resulting directly or indirectly from or otherwise
arising (including inadvertence or negligence) in connection with the usage of Budgetstays.com
website.
13.TRANSACTION RULES
All transactions of buying and selling of products / services are
governed by the Transaction Rules set out in each Transactional
Module. Each User shall be deemed to have agreed to the Transactional
Rules together with any modifications, revisions or supplements
as Budgetstays.com may decide from time to time.
14.HOSTING FEES
Any
User who is hosted agrees to pay to Budgetstays.com a Hosting Fee
for being hosted on Budgetstays.com whether or not the said transaction
is physically consummated. The fees is calculated according to the
Budgetstays.com Hosting Module. It is presently charged at Rs500/-
payable annually at the end of a year of being hosted.Those Overseas
will need to pay USD $ 15 per year. This amount would form a part
of the Annual charges incurred by Budgetstays.com
However members who provide the logo of budgetstays on their site, and link it to us, need pay only a discounted charge. This is INR 365/- per annum for members from India and USD 10 per annum for the rest.We must be intimated as soon as the logo is placed and linked.
14a. FREQUENTLY ASKED QUESTIONS
Q. How will I know if Budgetstays is generating any business for me?
A. If customers use your email link on your brochure page it will read 'inquiry from Budgetstays.com' in the email subject box. However, if you have a web link and inquiries are made through your own web-site, you will not be able to tell if the inquiry originated on this site.
Q. Why can I not subscribe to your site on a 'Commission' basis?
A. Because booking inquiries are made directly to each individual B&B by email,
telephone or fax. We have no record of any bookings made.
Q. Can I Modify my listing at any time?
A. Yes, at any stage you can manage your listing to be modified.
14b. Pay Order / Draft may be drawn in favour of
Integrated Services - A/c No 1110,
Janakalyan Sahakari Bank Ltd,
Andheri West,
and posted by Ordinary Post only to
P O Box 12035,
Azad Nagar Post Office,
Mumbai 400053, India
Do add a separate note mentioning your Name and e mail id alongwith.
E-Mail us these details when you post your dues.
15.PLACING AN OFFER TO STAY
A
User/guest can put an offer to Stay by communicating
with the Host on Budgetstays.com . In doing so, the Buyer User is
obliged to complete the transaction by physically purchasing the
product / using the Service in question from the Seller User who
has accepted the Buyer's offer / whose offer has been accepted by
the Buyer. Further, both the Users are obliged to honour all terms
and conditions including , but not restricted to price, accepted
by negotiation or otherwise, against the said transaction.
16.PLACING AN OFFER TO HOST
An offer to Host a Guest / service can be placed by any User on Budgetstays.com
depending on the individual Transactional Module.
In
doing so, the Seller User is obliged to complete the transaction
by physically tendering the product / service in question to the
Buyer User who has accepted the Seller's offer / whose offer has
been accepted by the Seller.
Further,
both the Users are obliged to honour all terms and conditions including
but not restricted to price, accepted by negotiation or otherwise,
against the said transaction.
17.PROCESS
MANIPULATION
No
User shall place bogus
offers in any way that distract from legitimate offers or entice
the Product / service provider / User in committing any favors to
the User Process manipulation
is strictly forbidden.
Budgetstays.com
reserves the right to keep a track of all successful and unsuccessful
transactions and enquiries
/ offers and may display the same to any product / service provider
as deemed fit by Budgetstays.com according to it's own discretion.
18.BREACH OF AGREEMENT
Budgetstays.com
may immediately issue a warning, temporarily suspend, indefinitely
suspend or terminate the membership, current offers or transactions,
and any other information the User places on the site on breach
of this Agreement or if Service is unable to verify or authenticate
any information provided by User.
19.JURISDICTION
The
Terms and Conditions set above and the relationship between the
User and Budgetstays.com shall be governed by the laws of India
without regard to the conflict of laws. The User and Budgetstays.com agree that any dispute or claim arising out
of or relating to these Terms and Conditions shall be submitted to the exclusive jurisdiction
of the courts located in Mumbai, India.
20.INDEMNITY
The User shall always keep the Budgetstays.com indemnified against
any violation of the aforesaid terms and conditions by the User
or by anyone on behalf of the User.
21.WAIVER
Overlooking the breach by the User of any terms and conditions
above mentioned or lack or delay in follow up action on the part
of Budgetstays.com shall not be treated or construed as waiver by Budgetstays.com of such breaches.
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