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Terms and Conditions


This Internet Web Site Use Agreement (the "Agreement") is between you and Gooodstay having its registered office at #13, 3rd Main, 8th Cross, Koramangala, 1st Block, Bangalore, Karnataka- 560034, herein after referred to as "The Operator". Your use of the Company's internet web site www.gooodstay.com herein after referred to as "the Website" is subject to the following terms and conditions of use.

You agree to read these terms and conditions of use carefully before using this website. The website, application and services encompass an online platform through which the users of the platform can search and book urban residential accommodations. The company disclaims any liabilities that might accumulate to the residents or users of the platform on account of usage of the platform or services offered by the operator.

The Operator and the Resident shall be individually referred to as a “Party” and collectively as “Parties”.

 

Key Terms:

 

TERM OF THE AGREEMENT

This Agreement has been entered into by and between the Parties for a period of 1 (One) year commencing from 29th Dec 2018 and expiring on 19th Dec 2020. The Agreement may be renewed for a further period of one year on mutually agreeable terms and conditions and upon a request for renewal in writing by the Resident. The Operator reserves the right to renew /cancel the Agreement as per the terms detailed here.

 

ADMISSION, ACCOMMODATION & CONSIDERATION

A. Admission

Upon signing of this Agreement, the Resident shall be granted permission to be admitted to the Residential Facility. Prior to admission, the Resident shall make sure to provide the following documents/information to the Operator.

- A self-attested copy of proof of identification and residence, which may comprise of PAN Card/valid Aadhaar Card/Driving License/Passport;

- If the Resident is a student, copy of the student identity card issued by the college/educational institution;

- If the Resident is employed, then appointment letter / valid ID proof issued by the employer;

- If Resident runs/operates a business, valid proof of the same;

- Name and contact information (residential address, mobile number and email address) of any person who lives in the same territorial city limits as the Residential Facility i.e. Delhi/Gurgaon who can be contacted in case of any emergency (“Person to contact”).

The Resident understands and agrees that any material distortion or error made by the Resident while providing the above information shall render this Agreement voidable at the option of the Operator.

 

B. Accommodation

The Resident shall occupy and use the selected space for the Resident in the Residential Facility along with the furniture and fixtures in the Residential Facility, subject to the terms of this Agreement. The Resident shall also have admittance to the collective areas of the Residential Facility such as the kitchen, hallways and living room.

The Resident is free to beautify the Unit as he/she wishes, provided that they conform with the safety rules as approved by the Operator. The Resident shall not make any structural or physical changes to the Unit under any situations.

 

C. Consideration

Security Deposit: Upon admission, the Resident shall remit a sum equal to 1 month rent as security deposit to the Operator (“Security Deposit”). The Security Deposit shall be refunded to the Resident after deducting any dues and adjustments at the time of termination of this Agreement.

Rent: The Resident shall pay a monthly rent (“Rent”) for a room tenancy on sharing or full occupancy basis. The Rent shall be payable one month in advance during the period of stay of the Resident, by 5th of every month as per the English calendar. Furthermore, on or prior to admission the Resident shall also be accountable to pay 1(one) month advance Rent to the Operator.

Any delay in payment of rent beyond 5th of the month will attract a penalty of INR 500 per day and in the event of failure of payment beyond 15th of the month, the Resident will be requested to vacate the Residential Facility and the dues will be adjusted against the Security Deposit.

The payment shall be collected through an online payment gateway which shall be linked to the Resident’s account or by other means of funds transfer, as per request of the resident, if needed. In case If the Resident fails to transfer the rent in the agreed time, the Operator will have the right to terminate the agreement and the Resident shall be given a 15 days’ notice to free the Residential Facility and the outstanding dues would be adjusted against the Security Deposit.

 

SERVICES

Upon signing of this Agreement, the Resident shall be provided with assured basic Facilities as involved and certain added Amenities and services as involved in this Agreement, which shall be subject to extra charges and not be incorporated in the amount of rent.

 

RIGHTS AND RESPONSIBILITIES

The Resident agrees to stand by and follow the rules, regulations, principles, and policies as they now exist for the operation and management of the Residential Facility run by the Operator and the RWA and such practical amendments to the above as the Operator may consequently adopt.

No Proprietary Interests. The Resident’s rights under this Agreement are the rights and privileges expressly decided, and do not contain any proprietary interest in the Residential Facility or other properties of the Operator.

No assignment/transfer of rights. The rights and privileges allied with residence/accommodation in the Residential Facility are strictly personal to the Resident and thus cannot be assigned/transferred to any third-party by contract or by any proceeding under any law or otherwise.

Absences from the Residential Facility for a long duration. The resident should be responsible to pay rent even if he/she is absent or not using the Residential Facility.

Liability for Damage. The Resident come to an agreement to maintain their Unit in a clean, hygienic and tidy condition. The Resident shall compensate the Operator and/ or Landlord, as the case may be for any repair to the Unit owing to any act of the Resident other than repair or replacement of furnishings and fixtures owned by the Operator/Landlord in the Unit above and beyond ordinary wear and tear. In addition, the Resident shall reimburse the Operator and/or Landlord, as the case may be for any loss or damage to the Operator/Landlord’s real or personal property outside of the Resident’s Unit caused either deliberately or neglectfully by the Resident or by persons on the premises to visit the Resident.

Property of Resident. The Operator is not liable for loss of any property belonging to Resident due to any cause unless such loss is caused by the neglectful or intentional acts of the Operator or its employees or agents.

Discouragement of Illegal Activities. Resident, or a guest or other person under the Resident's control shall not participate in illegal activity, including drug-related illegal/immoral activity, on or near the Residential Facility. Resident, or a guest or other person under the resident's control shall not engage in acts of violence or threats of violence, including but not limited to the illegal discharge of firearms, prostitution, intimidation, criminal street gang activity or any other breach of this Agreement that or else threatens the health, safety or welfare of the co-habitants in and near the Residential Facility. A single violation of this endowment shall be considered as a serious violation and material non-compliance with the Agreement and shall be considered as a valid cause for immediate termination of the Agreement, the Resident shall be responsible to vacate the Residential Facility within 3(three) days of such termination.

The Operator will send its customer experience manager every once in a while to make sure that the Residents are appreciating a comfortable stay in our provided Residential Facility.

 

TERMINATION OF AGREEMENT

By the Resident. Subject to the lock-in period of 180 days from the day of admission, the Resident may terminate this Agreement at any time, by giving thirty (30) days written notice to the Operator. The Resident’s notice must include the date when the termination is to become operative, which date must be at least thirty (30) days after the date of the notice.

By the Operator. The Operator may terminate this Agreement at any time, by giving thirty (30) days written notice to Resident.

Furthermore, the Operator shall be eligible to terminate this Agreement on 15 (fifteen) days written notice to the Resident for reasons including, but not be limited to, the following:

- Not paying the rent or additional charges for services the Resident has requested within ten (10) days of the due date;

- Not adhering to the Operator’s policies and guidelines for running the Residential Facility.

Additional, the Operator shall be eligible to terminate this Agreement on 3 (three) days written notice to the Resident for reasons thoroughly mentioned in IV F.

Vacating Apartment. Upon termination of this Agreement, the Resident shall vacate the Resident’s Unit, take away all of the Resident’s possessions from it, and return the key, if any provided to the Resident’s Unit by the Operator. Until the Unit is vacated and all of the Resident’s belongings are removed from the Unit, the Resident/Representative shall remain accountable for the rent.

Release from Compulsions. Any termination of this Agreement under this Section shall terminate the Operator’s compulsion to provide accommodations and services to the Resident under this Agreement.

 

LIMITATION ON LIABILITY

The liability of Operator to Resident in case of any default by the Operator under the terms of this Agreement shall be limited to Rent paid by the Resident.

 

MISCELLANEOUS PROVISIONS

Waiver. The failure of the Operator in one or more instances to insist upon the strict performance, observance or compliance by the Resident with any of the terms and provisions of this Agreement, shall not be interpreted to be a waiver or abandonment by the Operator of its right to assert upon strict obedience by the Resident with all of the terms and provisions of this Agreement.

Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, this Agreement shall be read as if such unenforceable provision was not incorporated and all other provisions of this Agreement shall carry on in full force and effect.

Good Conduct. The Resident shall conduct herself in such a manner as not to hamper the belonging or occupancy of the other Co-Residents and the members of the society/neighborhood in which the Residential Facility is located. The Resident shall not commit, be involved directly or indirectly in any act/action/activity that is a reason for instigating nuisance or annoyance to the Co-Residents and the neighborhood/society in which the Residential Facility is located including but not limited to causing injury to any person, damage to any person’s personal property, alcohol intake, smoking, carrying out any illegal activities, bringing guests or any person not authorized by the Operator to enter into and stay in the Residential Facility, etc. The Resident shall be personally answerable and responsible for all such acts/actions/activities causing nuisance to the other Co-Residents and the members of the society/neighborhood in which the Residential Facility is located. The Operator owns the right to take any action as it may deem appropriate including requesting the Resident to vacate the Residential Facility in case the Resident is found to be causing nuisance as detailed in this Section.

Entire Agreement. This Agreement represents the complete agreement between the Parties and surpasses and replaces any and all prior written or oral agreements regarding the subject matter of this Agreement including, but not limited to, any representations made during any discussions or negotiations whether written or oral.

Governing Law. The provisions of this Agreement, the rights and obligations of the Parties under those provisions, and any claims or disputes relating thereto, shall be governed by and read under and in accordance with the laws of India.

Jurisdiction. The Parties conclusively agree that any legal action, suit or proceeding arising out of this Agreement shall be brought solely and exclusively in the courts of Delhi/NCR, India.

Arbitration. Any dispute or difference arising between the Parties shall be resolved cordially at the first instance. If the Parties are unable to harmoniously settle the dispute, any Party to the dispute shall be entitled to serve a notice appealing this section and making a reference to a sole arbitrator to be mutually agreed by and amongst the Parties. The arbitration proceedings shall be held in accordance with the rules laid down by the Indian Arbitration and Conciliation Act, 1996 and the place of arbitration shall be Delhi/NCR, India. The arbitration proceedings shall be conducted in the English language.

Binding Document. This Agreement is binding between the Parties with respect to the subject matter hereof.

A booking once made cannot be cancelled. The booking amount paid once will not be refunded back.

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