Terms of Service
Last updated: December 5, 2022
General
Agreement
We, Team Stayfari, run a website called Stayfari, which is a platform where users find and book the best travel products and services.
The following terms and conditions govern use of the Stayfari website and content, services and products available at or through the website, including, but not limited to, Stayfari.com and its sub-domains, (together, the "Website"). The Website is owned and operated by Stayfari, Inc. (“Stayfari”) and its subsidiaries, including Stayfari India. The Website is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published (collectively, the “Agreement”).
Please read this Agreement carefully before using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
You must be at least eighteen (18) years of age to use the Website. By using the Website and by agreeing to these terms and conditions, you warrant and represent that you are at least eighteen (18) years of age.
The Website uses cookies. By using the Website and agreeing to these terms and conditions, you consent to Stayfari"s use of cookies in accordance with the terms of Stayfari"s privacy policy.
License to Use Website
Unless otherwise stated, Stayfari and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not: (i) republish material from this website (including republication on another website); (ii) sell, rent or sub-license material from the Website; (iii) reproduce, duplicate, copy or otherwise exploit material on this website for commercial purpose; (iv) edit or otherwise modify any material on the website; or (v) redistribute material from this website (except for content specifically and expressly made available for redistribution)
Acceptable Use
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Stayfari’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Stayfari’s express written consent.
Restricted Access
Access to certain areas of the Website is restricted. Stayfari reserves the right to restrict access to other areas of the Website, or this entire website, at Stayfari’s sole discretion.
If Stayfari provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that your user ID and password are kept confidential.
Stayfari may disable your user ID and password in Stayfari’s sole discretion without notice or explanation.
Other
Changes
Stayfari reserves the right, at its sole discretion, to modify any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Stayfari may also, in the future, offer new features and/or services, which shall be subject to the terms and conditions of this Agreement.
Termination
Stayfari may terminate your access to the Website at any time, with or without cause or notice, effective immediately. If you wish to terminate this Agreement or your Stayfari account, you may simply discontinue using the Website. All provisions of this Agreement, which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranties
The Website is provided “as is”. Stayfari and its associates hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Stayfari nor its associates, make any warranty that access to the Website will be continuous or uninterrupted. You understand you use the Website at your own discretion and risk.
Liability
In no event will Stayfari, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Stayfari under this agreement. Stayfari shall have no liability for any failure or delay due to matters beyond their reasonable control.
Nothing in the Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Website disclaimer will exclude or limit Stayfari’s liability in respect of any: (i) fraud or fraudulent misrepresentation on the part of Stayfari; or (ii) matter which would be illegal or unlawful for Stayfari to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other Parties
You accept that, as a limited liability entity, Stayfari has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Stayfari’s officers or employees in respect to any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect Stayfari’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Stayfari.
Unenforceable Provisions
If any provision of the Website disclaimer is, or is found to be, unenforceable under applicable law, that will not effect the enforceability of the other provisions of the Website terms and conditions.
Representation
You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use will not infringe or misappropriate the intellectual property rights of any third party.
Content
By submitting any information (including without limitation text, images, audio material, video material and audio-visual material) ("Content") to Stayfari for inclusion on the Website, you grant Stayfari a world-wide, irrevocable, royalty-free, and non-exclusive license to use, reproduce, adapt, publish, translate, modify and distribute the Content in any existing or future media. You also grant to Stayfari the right to sub-license these rights and the right to bring an action for infringement of these rights. If you want Content removed, Stayfari will assess the impact on the system and the time involved and remove content at will at its own full discretion.
Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Stayfari or a third party (in each case under any applicable law)
You must not submit any Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Stayfari reserves the right to edit or remove any material submitted to the Website, or stored on Stayfari’s servers, or hosted or published upon the Website.
Notwithstanding Stayfari’s rights under these terms and conditions in relation to Content, Stayfari does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
Indemnity
You hereby indemnify Stayfari and undertake to keep Stayfari indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Stayfari to a third party in settlement of a claim or dispute on the advise of Stayfari’s legal advisers) incurred or suffered by Stayfari arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breach of Website Terms and Conditions
Without prejudice to Stayfari’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Stayfari may take such action as Stayfari deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Assignment
Stayfari may transfer, sub-contract or otherwise deal with Stayfari’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under theses terms and conditions.
Severability
If a provision of these terms and conditions is deemed by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These terms and conditions constitute the entire agreement between you and Stayfari in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with India Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of India.
