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General Terms of Use

Welcome to the Apartmenthub.in website (the "Website"). This Website is provided solely to assist customers in gathering service apartment travel information, determining the availability of travel-related goods and services, making legitimate personal inquiries, reservations, paying for such reservations and for no other purposes. Use of the Website for any other purpose is strictly prohibited. The terms "we", "us", "our" and "Apartmenthub" refer to Perch Solutions Pvt Ltd and/or our subsidiaries. The terms "Apartmenthub" and "Perch Solutions Pvt Ltd" are used interchangeably as both denote the same entity.  The term "you" refers to the customer visiting the Website and/or contributing content on this Website.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. 

 

Apartmenthub Website - venue for agreement between owner/manager and renter
 
We urge all users to be responsible about their use of this Website and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed on the Website. Apartmenthub acts as a venue to allow homeowners and property managers who advertise on the Website (each, a "Manager") to offer for rent specific service apartments to potential renters, including various ways for users to communicate with one another and enter into rental agreements or rental transactions.
We are not a party to the rental transaction between the traveler and the Manager. As a result, any part of an actual or potential transaction between a traveler and a Manager, including the quality, condition, safety or legality of the properties advertised, the accuracy of the listing content, the ability of Managers to rent a service apartment or the ability of travelers to pay for property are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate rental agreement with the Manager prior to making a booking or purchasing a product or service and such agreement may place additional restrictions on your booking, product or service.
Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Website, there may be circumstances where we are nevertheless legally obligated, as we determine in our sole discretion, to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
 
 
Use of APARTMENTHUB.IN
 

As a condition of your use of this Website, you warrant that
(i) You are at least 18 years of age,
(ii) You possess the legal authority to create a binding legal obligation,
(iii)You will use this Website in accordance with this Agreement,
(iv) You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,

 

Limited License granted to user
 
Apartmenthub grants you a limited, revocable, non-exclusive, non-sublicensable license to access and use the Website and to view, copy and print portions of the Website content solely for the purpose of advertising a service apartment or for any other purpose clearly stated on a Website, all in accordance with this Agreement. Any use of the Website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited. Such license is subject to this Agreement, and specifically conditioned upon the following:
(i) You may only view, copy and print portions of the Website for your own informational, personal and non-commercial use;
(ii) You may not modify or otherwise make derivative uses of the Website or any portion thereof;
(iii) Any displays or printouts of Website content must be marked "(c) 2016-17, Perch Solutions Pvt Ltd. All rights reserved.";
(iv) You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website content;
(v) You may not use any data mining, robots or similar data gathering or extraction methods;
(vi) You may not use the Website other than for its intended purpose; and
(vii) You may not reproduce, prepare derivative works from, distribute or display the Website or any site content (except for page caching), except as provided herein. 
 
Prohibited Activities
 
The license to use the Website only extends to the uses expressly described herein. The content and information on this Website (including, but not limited to, price and availability of vacation rental properties and travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make, or use the Website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
(iii) access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the Website, or infringes on our copyright or the copyright of our suppliers;
(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
(vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(vii) take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
(viii) sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties; or
(ix) post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this Agreement

Ownership and Trademark Notices
 
Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained herein, including, without limitation, the Apartmenthub logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Perch Solutions Pvt Ltd and protected by international copyright laws. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Perch Solutions Pvt Ltd and may not be copied, imitated or used, in whole or in part, without the prior written permission of Perch Solutions Pvt Ltd. 
If you are aware of an infringement of our brand, please let us know by mailing us at info@apartmenthub.in immediately. 
 

Supplier rules and restrictions
 
Separate terms and conditions will apply to your reservation and booking of service apartments and travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of products, or services. You acknowledge that some service apartment managers and third-party providers offering certain services and/or activities may require you to sign their rental agreement and/or liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable service apartment.

Limited Liability Disclaimer
 
The information, software, products, and services published on this website may include inaccuracies or errors, including vacation home rental availability and pricing errors. Apartmenthub, its subsidiaries and corporate affiliates (collectively, the "Apartmenthub companies") and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, "Apartmenthub affiliates") do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the service apartment properties, lodging, displayed on this website (including, without limitation, the pricing, availability, photographs, list of service apartment amenities, general product descriptions, and reviews and ratings etc.), much of which information is provided by the respective suppliers.
 
The property managers, owners, services and other suppliers providing vacation rental property information, travel or other services on this website are independent contractors and not agents or employees of the Apartmenthub companies, or the Apartmenthub affiliates. The Apartmenthub companies and the Apartmenthub affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
 
In no event shall Apartmenthub, and/or Perch Solutions Pvt Ltd, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon reviews and opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the Apartmenthub and/or their respective suppliers have been advised of the possibility of such damages.
you hereby agree to release, remise and forever discharge Apartmenthub and Perch Solutions Pvt Ltd, and/or their respective suppliers and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liablities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the service.
 

Indemnification of Apartmenthub (Perch Solutions Pvt Ltd)
 
You agree to defend and indemnify Apartmenthub, Perch Solutions Pvt Ltd and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any person or third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
 
 
Chargeback Policy
 
By making a booking on Apartmenthub online payment platform, you agree to the terms of the rental agreement with the Manager (which includes the Manager’s cancellation policy published on the listing), our General Terms of Use and our Privacy Policy, along with this Chargeback Policy. Chargebacks occur when your credit card provider requests that Apartmenthub returns monies on a transaction which you dispute or claim is fraudulent.
Apartmenthub recognizes that chargebacks can happen for a variety of valid reasons. However, if you make a credit card payment through Apartmenthub in respect of a booking, and you later dispute this legitimate charge by raising a chargeback without merit (in our sole discretion), whether fraudulently or otherwise, we may take steps to recover any charges resulting from such an unmerited chargeback from you directly. Unmerited chargebacks include but are not limited to: disputing a charge made in accordance with the Manager’s cancellation policy; disputing a charge made in respect of the property rental in which you fail to make reasonable efforts to work with the Manager or us to resolve any issues; or requesting a chargeback without a legitimate reason and/or failing to provide any supporting information in respect of the chargeback to allow those parties from which the chargeback is requested to assess the basis of the chargeback request.

Online Payments Policy
 
We provide Payments as a service to our users looking to rent service apartments ("Guests") and Managers to reserve and pay for rentals, including managing inquiries, rental agreements, cancellations and damage protection insurance. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using online Payments. 
 
Rental Fees
The rental fees for each property listing ("Listing") consist of the base rental amount for the Listing, as determined by the Manager, including any applicable Taxes (as defined below) collected by the Manager, cleaning fees or other discretionary Manager fees, as applicable (the "Rental Fee"). The amounts due and payable by a Guest relating to the booking of a Manager's Listing are the Rental Fee and the Security Deposit or Damage Protection Insurance, as applicable, collectively referred to in this Agreement as the "Total Fee". Please note that the Manager that determines the Rental Fee and not Apartmenthub.
 
Payment Terms
You agree to pay Apartmenthub, acting on behalf of the Manager, for the Total Fee (subject to any Scheduled Payments, discussed below) for any booking at the time you accept a quote received from a Manager. The Total Fee will be collected in accordance with this Agreement and the pricing terms specified in the booking request.
When you complete a rental booking request, you will be asked to provide your billing information, including your name, billing address and credit card information either to Apartmenthub or its third party payment processor. You agree to pay Apartmenthub for any confirmed bookings made in connection with your service apartment booking in accordance with this Agreement by one of the methods described on the Website - e.g. by PayPal, check or credit card, as available. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Apartmenthub or indirectly, via a third party online payment processor or by one of the payment methods described on the Website.
If you make a booking using our online payment platform, you agree to the terms of the booking contract with the Manager (which includes the Manager’s cancellation policy published on the listing), these General Terms of Use and our Privacy Policy, together with our Chargeback Policy.
 
Payment Processors or Providers
If you are directed to a third party payment processor or payment provider (e.g. PayPal), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of such third party services, in particular any claims from such processors/providersresulting from your actions or omissions. 

Cancellations and Refunds
As a Guest, if you wish to cancel a confirmed booking made via our Website, the cancellation policy of the Manager contained in the applicable Listing will apply to and govern the terms of your cancellation and any refunds. To effect a cancellation, you are required to visit the booking section of the Website, and follow the instructions. If a Manager cancels a confirmed booking made via our Website prior to the check-in date, Apartmenthub will refund the Total Fee for such booking to the applicable Guest within a commercially reasonable time of the cancellation.
 
Rental Agreements
By utilizing a rental agreement in Payments, the Guest and Manager agree to the terms and conditions set forth in the rental agreement (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the rental agreement. You hereby acknowledge and agree that
(a) you are fully responsible for reviewing and complying with the terms and conditions of the rental agreement,
(b) any rental agreement used, whether a sample provided by the Website or a rental agreement added to Apartmenthub by either party, is used solely at their own risk and expense,  
(c) your rental agreement for the Listing is with the Manager, not Apartmenthub, and that you shall not hold Apartmenthub responsible for any acts or omissions of the Manager relating to the rental transaction