This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- This user agreement ("User Agreement" or "Agreement"), the terms of FMS Privacy Policies (accessible at www.findmystay.com, and other rules and policies of FMS including any TOS incorporates the terms and conditions for your use of the website www.findmystay.com ("the Website") and its related sites, services and tools and the terms and conditions on which Find My Stay Private Limited, a company incorporated under Companies Act, 1956 and having its registered office at "B-174, East of Kailash, New Delhi-110065 shall provide services to you through the Website or using any other customer interface channels of FMS which includes its sales persons, offices, call centers, advertisements, information campaigns etc. Terms of service ("TOS") are specific to the services rendered/ products provided by FMS like hotel reservations, holiday packages etc. You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing.
- These terms and conditions constitute your binding obligations towards FMS. By setting up an account, or by using the Website, you signify that you agree to the terms and conditions in the User Agreement, which may be amended at any time by posting the amended terms on the Website. Any amended terms will be automatically effective immediately after they are posted. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement and other rules and policies of FMS. FMS reserves the right to terminate or suspend your use of Website and/or the services if you do not comply with this Agreement or any other FMS policy or procedure, or for any other reason we determine, in our sole discretion.
- For the purpose of the User Agreement, 'You' or "User" shall mean any natural or legal person who accesses the Website and/or has agreed to become a member of the Website while registering on the Website as registered user / guest user using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification to become a registered user or have been identified as a guest user by providing your cell number and email id.
- As a new registered user/ guest user, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Pay Now' button while transacting as guest user or such other actions that implies your acceptance, or in any event by your use of the website otherwise. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and FMS Rules and Policies, do not seek to obtain access to or otherwise use the Website.
User's Responsibilities of cognizance of this User Agreement
- All rights and liabilities of the User and/or FMS with respect to any services to be provided by FMS shall be restricted to the scope of this User Agreement.
- FMS reserves the right, in its sole discretion, to terminate the access to any or all FMS websites including the Website, or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
- Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' tariff rules, reservations, contract or other rules. For the purpose of this User Agreement, "Service Provider" shall mean the third party hotel/guest house/other entity in a similar business offering amongst other things boarding and lodging services and/or any other third party whose services are availed by the User through the Website.
- In the event that any of the terms, conditions, and notices contained herein conflict with the other terms and guidelines contained within any other FMS document/agreement, then these terms shall prevail.
Eligibility and Requirements
- In order to user the Website and avail of our services, you must (i) Provide true, up to date and accurate account information about yourself (ii) Comply with all terms and conditions of this Agreement; (iii) Comply with all applicable laws and regulations, including all import and export laws and foreign exchange laws; (iv) Transact on behalf of yourself and not on behalf of others; and (v) Have the legal capacity to enter into agreements. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. FMS reserves the right to terminate your account and refuse to provide you with access to the Website if it is brought to FMS's notice or if it is discovered that you are under the age of 18 years. If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this Agreement and you have the authority to bind that business entity to Agreement.
- To transact with us, you must provide us with up to date and accurate account information about yourself, and such information shall include a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, a valid mobile number at which you can be reached, and your first and last name (collectively "Contact Information").
- FMS shall not be responsible for communication errors should your Contact Information be in accurate or incomplete. You are responsible for ensuring that you can receive emails, messages, mails and other communications from FMS, and FMS is not responsible for any emails or other communications that were not received by you because they were blocked or filtered as spam or otherwise not received by you. You understand and agree that if you fail to provide us with accurate and up to date Contact Information about yourself: (a) we will not be responsible for any misapplied payments/refunds/vouchers/reservations sent to a wrong address.
- FMS reserves the right to terminate your use of the Website and/or provide you any services in case the information provided by you including any Contact Information is incorrect, misleading or incomplete.
Account and Registration Obligations
- If you open an account on the Website, you are responsible for maintaining the confidentiality of your User Identification and Password. If you use the Website as a guest user, you are responsible for maintaining the confidentiality of your email address and mobile number. In both cases and in any event, you are responsible for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User Identification and Password, email id and cell number as the case may be or IP address. Also as a User, you shall ensure the physical security and possession of your cell phone, computer, computer system and computer network.
- You are fully responsible for all activities that occur while your User Identification and Password. It is the duty of the User to notify FMS immediately in writing of any unauthorized use of their User Identification and Password. FMS will not be liable for any loss that may be incurred by the User as a result of unauthorized use of your User Identification and Password. The User shall not use anyone else's User Identification or Password at any time and/or shall not provide any Contact Information of any other person while using our services. The User Agrees to indemnify and hold harmless FMS, and its affiliates, and their respective officers, employees, directors and agents (collectively "Indemnified Persons") from and against all losses, claims, liabilities, actions, damages ("Losses") from a breach of the terms of this Clause 4.2 by the User.
- By using FMS's services and/or transacting on the Website, the User has agreed to authorize FMS and its agents to access third party sites, including that of banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
Payments, Fees and Taxes
- FMS reserves the right to charge transaction fees based on certain completed transactions using the services and reserves the right to alter any and all fees from time to time, without notice.
- All taxes, duties, cess etc. related to the use of the services or in any transaction on the Website shall be borne by you and you shall be responsible for depositing the same with relevant government authorities. You agree to indemnify the Indemnified Parties for any Losses that arise due to breach of this clause.
- In case, there is a short charging by FMS for any services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
- In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, FMS will process the refund and intimate you of the same. FMS is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation. You are advised to check the status of your reservation with the Service Provider on completion of a booking on the Website.
- The User shall request FMS for any refunds against the unutilized or 'no show' hotel booking for any reasons within 60 days from the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of the hotels and FMS as the case may be. No refund would be payable for any requests made after the expiry of 60 days as above and all unclaimed amounts for such unutilized or no show hotel booking shall be deemed to have been forfeited. In addition, FMS reserves the right to charge you for any charges incurred by it by the payment gateway in processing your refunds.
Usage of the Mobile Number/Email Address/other Contact Information
- FMS may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking.
- FMS may also contact the User by voice call, SMS or email in case the User couldn't or hasn't concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same.
- FMS may also contact the User by voice call, SMS or email seeking feedback on the services, the Website and/or the services of the Service Provider.
- The User hereby unconditionally consents that such communications via SMS and/ or voice call by FMS is (a) upon the request and authorization of the User, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify the Indemnified Parties against all types of Losses due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on FMS with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
Compliance with laws
- You agree to comply fully with all laws, regulations, rules and orders of the Republic of India, or any foreign government agency or authority while using the Website and/or availing the services including without limitation to the Foreign Exchange Management Act, 1999 and Information Technology Act, 2000 and the regulations framed thereunder. In particular, you agree that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list (s) any information or item that (a) belongs to another person and to which you do not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; (j). shall not be false, inaccurate or misleading; (j) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; (k) not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (l) shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force.
- From time to time, and at FMS's sole discretion, FMS may offer promotional programs as an incentive to Users. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. FMS reserves the right, in its sole discretion, to cancel or refuse promotions. You permit us to send you promotional emails, messages, and communications on your Contact Information.
Accuracy of Information
- FMS has endeavoured to ensure the accuracy of all information you see on the Website including any information in relation to a Service Provider, but neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. Further, FMS makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, FMS reserves the right, at any time to take such actions as provided in Clause 5.2 of this User Agreement.
- FMS takes no responsibility of the information relating to a Service Provider displayed on the Website including any pictures, videos or any other information relating to a Service Provider ("Service Provider Information"). Such Service Provider Information may have been provided to us by third parties and/or directly by the Service Providers and FMS is not responsible for any inaccuracy in the Service Provider Information. You are advised to check the accuracy of the Service Provider Information before making any reservation and making any payment.
- Also, FMS is not the Service Provider and cannot therefore control or prevent changes in the published descriptions or representations, which are always based upon information provided by the Service Providers. FMS acts only as a facilitator of services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by Service Providers, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Service Providers.
- The User agrees that:
- FMS is not responsible for any non-performance or breach of any contract entered into between a User and a Service Provider. FMS cannot and does not guarantee that the concerned Service Provider and/or Users will perform any transaction concluded on the Website. FMS shall not and is not required to mediate or resolve any dispute or disagreement between a User and a Service Provider.
- FMS does not make any representation or warranty as to the item-specifics of the services to be provided by a Service Provider booked through the Website. FMS accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- FMS does not make any representation or warranty as to the legal title, creditworthiness, etc. of any of its Users and/or Service Provider. You are advised to independently verify the bona fides of any particular Service Provider.
- FMS is not responsible for unsatisfactory or delayed performance of services by a Service Provider.
- You agree to release and indemnify the Indemnified Parties from any cost, damage, liability or other consequence of any of the actions of the Service Provider and specifically waive any claims that you may have in this behalf under any applicable law.
- FMS cannot control the information provided by Service Providers which is made available on the Website. You may find Service Provider's information to be offensive, harmful, inaccurate, or deceptive.
- FMS takes no responsibility on the services rendered by any Service Provider and for any conditions of the Service Provider.
Advertisers and Linked Websites
- FMS is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. FMS does not endorse any advertiser on its web pages in any manner. A User is requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
- Unless explicitly provided by FMS in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the User and FMS doesn't accept any claims arising out of such scenarios.
- Insurance, if any provided as a part of the service/ product by FMS shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and FMS shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
Limitation of Liability
- In no event shall FMS, its directors, officers, employees, affiliates, agents or contractors be liable for any compensatory, direct, indirect, incidental, consequential or punitive damages, loss of data, income or profit, loss of or damage to property, or any claims of you or other third parties whatsoever with respect to your transactions with under this Agreement including any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (a) the use or the inability to use the services by a User; (b) the cost of procurement of substitute services or resulting from any or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from FMS.
- FMS shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond the control of FMS. User understands and agrees that any material and/or data downloaded or otherwise obtained from Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.
- Notwithstanding anything contained in this Agreement, the maximum liability of FMS hereunder whether under contract or tort or equity arising under any circumstances, shall be limited up to a maximum of the refund of total amount received from the User for providing the services less any cancellation, refund or others charges, as may be applicable.
- FMS shall not be responsible for the delay or inability to use/avail the Website or services, the provision of or failure to provide services by Service Provider, or for any information, software, products, services and related graphics obtained from FMS, whether based on contract, tort, negligence, strict liability or otherwise.
- You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website and the Services, including all devices, internet browsers and internet access. You are responsible for all fees that your carrier/internet service provider may charge you for data, text messaging and other wireless access or communications services.
Use of Services
- By using the Websites, you agree not to (a) access any of the Karma Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by FMS; and (ii) engage in any other activity that interferes with or disrupts the services or performance of the Website.
- Termination and Restriction of Access
- Without prejudice to the rights of FMS under this User Agreement or in law or equity, in the event of a breach of the Agreement by the User, FMS shall be entitled to immediately and temporarily/indefinitely suspend or terminate the membership of the User, and/or refuse to provide the User with access to the Website. FMS shall also reserves its right to suspend or terminate membership of the User or restrict the User's access at its sole discretion
- Nothing contained in this Clause shall limit any other remedy that FMS may have in law against the Service Provider.
- In the event that FMS has suspended or terminated membership of a User or has otherwise restricted its access, the User may not register or attempt to register with FMS or use the Website in any manner.
- The termination of this User Agreement and/or suspension of the membership shall not affect any rights of FMS that have accrued prior to such termination/suspension.
- FMS retains the right to all Intellectual Property on the Website and in any communication with the User and the User agrees and acknowledges that all right, title and interest to such Intellectual Property belongs to FMS, and the User shall not directly or indirectly use, exploit or distribute in any manner the Intellectual Property.
- For the purpose of this Agreement, "Intellectual Property" shall mean means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, registered designs, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
- The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. The User agrees to indemnify the Indemnified Parties from any Losses arising out of a breach of this Clause.
Notices and Transactions
- You agree to transact with us electronically, including without limitation, agreeing to terms and conditions by electronic means. You authorize FMS to provide you with terms and important notices about FMS and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on the Website. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website.
- All notices, consents, confirmations, or other communications between the User and FMS shall be in writing, in English and delivered personally, by courier or registered airmail or by email, to the parties at the following addresses:
- if to FMS at
Attn.: Find My Stay Pvt. Ltd.
Address: B-174, East of Kailash, New Delhi - 110065
- if to a User as per the details provided by him as part of the Contact Information.
- Notices shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
- The User hereby agrees to Indemnify and hold the Indemnified Parties harmless from any Losses arising out of breach of the Agreement by the User or use of the Website by a User.
- Legal Relationship: No employer-employee relationship, partnership, joint venture or joint undertaking shall be construed from this Agreement, and except as herein specifically provided, neither party shall have the right to make any representations for, act on behalf of, or be liable for the debts of the other.
- Waiver and Severability: Any failure or delay on the part of any Party to exercise any right under this Agreement shall not operate as a waiver thereof; nor shall a single or partial exercise of any right preclude any other future exercise thereof.
- If any provision of this Agreement shall be determined to be invalid or unenforceable under applicable laws, all other provisions of this Agreement shall continue in full force and effect unless such invalidity or unenforceability adversely affects the underlying intent of this Agreement or unless the invalid or unenforceable provision comprises an integral part of, or is inseparable from the remainder of this Agreement.
- Assignment: The User shall not have the right to assign its rights and/or obligations under this Agreement without the prior written consent of FMS. FMS shall be free to assign its rights and/or obligations under this Agreement.
- Governing Law and Jurisdiction: This agreement, each TOS and any other document or transaction on the Website shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi.