This end customer agreement (this "agreement") forms a legally binding agreement between GLEEKEY HOSPITALITY PVT. LTD (hereinafter referred to as  ‘Company / Gleekey’)  and Customer( hereinafter referred to as ‘You’). Please read this agreement carefully. This agreement governs the terms under which You  use the platform provided by Gleekey.  You acknowledge + that you have read, understood, and agree to be bound by this agreement and to use Gleekey Platform in compliance with  this agreement.

 

If you do not agree to the terms of this agreement, please do not use Gleekey Platform.

 

 The terms "Customer," "you," "your," and "yours" refer to you, the end customer and user of the Gleekey Platform through www.gleekey.in.  Gleekey may periodically make changes to this Agreement and  www.gleekey.in. It is your responsibility to review the most recent version of this Agreement frequently and remain informed of any changes to it. You agree that your continued use of Gleekey Platform through www.gleekey.in will constitute your acceptance of such revised Agreement. For any material modifications to this Agreement, such modifications will automatically be effective 30 days after they are initially posted on or through our website. In the event that such modifications materially alter your rights or obligations hereunder, such modifications will become effective upon the earlier of (i) your continued use of the website with actual knowledge of such modifications, or (ii) 30 days from publication of such modifications on or through our website.

 

1.         Definition :

 

The terms/ expressions used in the  agreement have the following meaning:

 

"Agreement" means this agreement, the terms and conditions as detailed in the terms of use of website www.gleekey.in. including but not limited to,  Privacy Policy, rules, guidelines, policies and will include the references to this Agreement as amended, replaced, supplemented or varied from time to time.

“Booking approval” means that on receipt of total amount of  Booking from customers, Company will permit customer to use and Check-In at the property during the period of their stay. On receipt of total amount of Booking, Company will issue a Booking Confirmation to the customer.

“Booking on Hold” means Booking is confirmed and hold for Customer.  

“Booking duration” is the period between Check-In and Check-Out time.

“Booking Offer” is offer of Booking of Property made by Gleekey including terms & conditions.

“Company/Gleekey” means GLEEKEY HOSPITALITY PVT. LTD.

“Customer” means the user who avail the services of Company by booking the property for the purpose of stay who includes individual, legal entities and other entities.

"End of booking” is the scheduled on which duration of stay of customers end and they will be restrained from using / staying in the Property for any further time.

“Owner ” means the member who is owner/Host/ authorized care taker of the property, who offers accommodations  and avail the services of Company to provide accommodations  for the purpose of stay and who shall be responsible to abide by laws, rules, regulations and contracts made in connection with the services provided to the Guests.  

“Peak Days” includes long weekends, festivals etc.

 “Property” means bunglows, villas, farm houses, Hotel, services apartments and home stays made available by Owner for booking through Company making registration on www.gleekey.in. 

"Security Deposit" is the amount required to be deposited by customers on case to case basis with Gleekey as deposit to secure  the Property and  against damages to Property and/or contents therein caused by customers or their pets and/or for recovery of any other charges levied by us on Customers.

"Start of booking" is the scheduled date and time from and after which Customer can start staying and using the 'Property'.

"Website" means www.gleekey.in. with its web pages, contents, material and services provided there under and correlated blogs thereto.

 

2.         TERM OF AGREEMENT:

The Agreement shall continue to be in full force and effect till the Customer continues to avail the services through www.gleekey.in

 

3.         ELIGIBILITY:

To avail the services through www.gleekey.in,   Customer  must be major and eligible  enter into and perform legally binding contracts under Indian Contract Act, 1872.  Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 will not be eligible to avail the services of Company. Company shall not be liable in case of any false/incorrect information provided by the customers or his natural guardian.  Customer shall be liable for the consequences for providing false/incorrect information  as per the Applicable Law. Company disclaims all liability arising out of such unauthorized use of the websites and any third party liability arising out of customer use of the Platform if customers are a minor or not eligible to contracts under Indian Contract Act, 1872.

 

4.         PERSONAL  INFORMATION:

The Customer is liable to provide personal information as provided under the provisions of Information Technology Act, 2000 relating to processing of personal data and as may be amended from time to time, The provisions of the IT Rules, 2011 as may be amended from time to time, The provisions of the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time. Company shall not be liable for any misuse or unlawful use of Customer’s personal information by the Owner or any of his representatives.

 

5.         TERMS OF USE OF www.gleekey.in

 

Terms of use of www.gleekey.in are specifically provided  on the website. Those terms of use shall govern the use of the website, mobile application; call canters which enables the User to connect with Gleekey  in relation to the services rendered by Gleekey. Please read those terms of use  carefully before accessing, using, obtaining or availing any products or Services. Terms of Use. If you do not agree with these Terms of Use, you may refrain from using the website and avail the services provided by Gleekey through  www.gleekey.in. These conditions must be read in conjunction with any other applicable terms and conditions governing the use of Services. 

 

6.          INTELLECTUAL PROPERTY RIGHTS:

The www.gleekey.in  and  App and all blogs contain copyrighted material, trademarks and other proprietary information, including, but not limited to, trade name, domain name, blogs, trademarks, service marks, text, scripts, artwork, software, photos, characters, graphics, etc, portions of which are owned by Company. The entire contents of the www.gleekey.in and App are copyrighted as a collective work/compilation and validly standing in the name of Company. The Company  owns copyright in the selection, coordination, arrangement and   enhancement of such content, as well as addition and modifications in the content original to it. No Member, may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of viewable  material will be permitted without the express written permission of Company. The Customer acknowledges that he/she does not acquire any ownership rights  in copyrighted material.  The Customer hereby agree not to claim copyright in any work of Company on www.gleekey.in  and App with minor or substantial changes. The Customer may not copy any of the content from this website on another website or in any other media. The Customer hereby agree not to use any device/ software to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted via Site. The Customer hereby confirm that Customer will not  copy and  modify the   display of any content of website.   

 

7.         TERMS AND CONDITIONS TO AVAIL THE SERVICES OF GLEEKEY:

A.        Account, Registration and Use:  

The Company requires Customer to register as a User by creating an Account  on www.gleekey.in  in order to avail the services provided by Company. The Customer will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities done under account. 

The Customer agrees to (a) immediately notify the Company of any unauthorized use of its Account Information or any other breach of security(b) Ensure log out from the account at the end of each session. 

The Company shall not be liable for any loss or damage arising from Customer’s failure to comply with this clause. The Customer may be held liable for losses incurred by any other customer or visitor to the Platform due to authorized or unauthorized use of your account as a result of your failure in keeping its Account Information secure and confidential. Use of another user’s account information is expressly prohibited.

B.        Reservation or booking of services:

The process of booking Services from Gleekey Platform   through www.gleekey.in may require Customer to disclose Customer’s personal and confidential information. To prevent any possibility of unauthorized access to Customer’s confidential information such as name, address etc., Customer shall not use/access www.gleekey.in from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber Cafe(s) and other commercially available internet enabled computers or computer services. 

The Customer agrees, acknowledges and confirms that before placing any order on the Platform, the Customer shall check the Service description and price carefully and by placing an order for a Service Customer agrees to  bound by these terms including the Services description. Customer shall place the order only after fully satisfying himself/herself with the price/ rates. That relying on declarations, confirmations, information and obligations made/undertaken by the Customer in accordance with the terms, and believing the same to be true and acting on the faith.

 

The Company is not responsible for implicit charges and any additional facility which are not determined while making the booking.

The Company will provide all descriptions of the services and amenities before 45 days for booking on the website.

In a credit card, debit card, online transactions, or any mode of transactions; the Customer  must use own credit card, debit card, and own bank account for which Customer  has full right & authority to validly use such credit card for making payment to Company. The Company will not be liable for any credit card, online fraud. The liability to use a card fraudulently will be on the Customer and the onus to 'prove otherwise' shall be exclusively on Customer.

Customer’s use of the Services shall be deemed that Customer is fully satisfied with the services,  description, look and design of the accommodation and usage fee of the accommodation as has been displayed on www.gleekey.in.

C.        Booking offer:

Customer agrees and understands that issuance of Booking Offer does not ensure that Booking of Property is confirmed for Customer. Booking will be confirmed purely on first cum first serve basis. The Customer who   first pays towards advance for the booking of property for subject Booking Period shall be given priority. The Booking Offer shall stand cancelled, withdrawn and null and void, if total amount as required towards Advance and/or Security Deposit are not received by Company by specified due dates.

D.        Booking on Hold:

The Customer  agrees that, Company shall put the “Booking on Hold” after accepting the amounts towards advance from customer. The said booking will be treated by Company as confirmed for customer subject to receipt of full amount towards booking by specified due dates.

 When  booking is on hold for Customer,  Customer   cannot use the Property or Check-In unless Customer deposits total Booking Amount by specified due dates.

During the time the “Booking on Hold” status, Company will not accept any other booking for the said Property for that particular Booking Period from other customers.

Booking Confirmation intimation by Company is necessary for Check-in. Booking will be processed and issued to customers after Company receives entire Booking Amount including of Advance from the customer. The entire Booking Amount shall be paid before seven (7) days prior to the Check- In by the Customer.

E.        Cancellation of booking :

When Booking is in “Booking on Hold”  status as described herein elsewhere, if the total Booking Amount is not received by Company, the said Booking shall stand cancelled. The Company shall not be responsible or liable for any consequential damages suffered or claimed by Customer.  The Customer shall not have any cause or rights whatsoever to challenge such cancellation by Company. 

If the Customer does not reach within check-in time, the Customer will not be allowed to enter subsequently check-in time  and the Customer will not entitled to get back the amount which is deposited with Company.

F.         Booking approval:

Once Booking is Confirmed, Company will issue confirmation/approval “Booking approval” intimation to the Customer, which entitles Customer to Check-In subject Property on the specified date of Check-in. The Customer will not be permitted to Check-In the Property unless a Booking Confirmation is issued by Company and Customer produces the same at the time of Check-In.

G.        Start of booking:

The booking period will start from Check-In. The Check-In  time will be as specified in relevant Booking Confirmation. Company recommends customer not to arrive at destination/property before stated Check-In time. Company is connected with  various types of properties, therefore in some property there may not be availability of  waiting area or lobby to accommodate the customer arriving before Check-In time. If customer arrives before stated Check-In time then Customer not entitled to enter in the property until the property owner arrange accommodation for the customer. Early arriving  charges will not be included in the booking charges  and the same will be considered additional charges as per policy Property owner.

H.        End of booking:

Check-Out time will be as specified in relevant Booking Confirmation and will be strictly implement to.  Customer will not be permitted to occupy or stay at Property beyond Check-Out time stated in Booking Confirmation. If the Check-Out is delayed by Customer for whatever reasons, Company or the owner of the property can evict such customer and for that customer has to pay additional charges  and shall pay days rental on pro-rata basis of their property booking amount payable directly to property owner.

I.         Entry of the Customer in the Property:

Customer must provide Booking Confirmation issued by Company. While entering in to property, the Customer shall enter name, address and other details of every member coming along, including children, in the Guest Register kept at Property. In case Company came across of any incorrect and misrepresented information provided at the time of Booking by any Customer  or at any time, Company shall forthwith revoke Booking.  In such circumstances Customer shall be refused entry to Property and Customer shall be evicted from the Property by Company or by the Owner of the Property or any of the representatives of the Owner. In such case the Customer shall not be refunded any Deposits/ Advance or paid any compensation of any kind or nature by Company or Owner of the Property. The total number of Customer/Guests in  the Property should not exceed the number  than as stated at the time of making the Booking. This number is strictly controlled as per desire of the Owner of Property to prevent excessive wear and tear and damage to Property caused due to very high occupancy.

J.         Rates:

The rates mentioned by Company are not  negotiable and are subject to change without prior notice. All rates mentioned by Company are as per property basis for Customer’s stay. These rates may include applicable taxes (if any) depending on the type of Property. It is possible that the rates mentioned on the website may be inaccurate due to technical or typographical errors or are subject to change in the event of any statutory decision on the same. In the event that such an error occurs or if there is any deference beyond the control of Company, the Company reserves the right to correct the same. Please note that in such a case, incorrect and erroneous rates will not be enforceable against Company.  The Company reserves the right to amend the rates, terms of the special offers and promotions based on market price or upon the request of any of the hotels/Owners.

K.        Security Deposit:

Security Deposit if any as mentioned on website at the time of booking or at the time of check-in as demanded by property owner should be paid and collected back by guest. Any transaction of deposit should be carried out between customer and Owner. Company or its employee do not ask/accept any deposit directly to the company. Any dispute arising towards this security deposit should be settled between owner and customer. 

L.        Payment & usage fee

Thee Customer hereby agrees and understands that Customer will  pay the usage fee as mentioned on the www.gleekey.in for the concerned Services via the payment mode provided on the website post which Customer’s requested reservation will be confirmed. Once the reservation has been confirmed, Company will debit the usage fee from the payment mode selected by the Customer. The Customer agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the Customer and the Customer undertakes to provide complete, correct and proper information.

The Company uses third party payment providers to receive payments from Customer. The Company is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. The Company shall take utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

Customer making payments for Services provided via the Platform would be making payments to the entities mentioned as per the link mentioned in the tab named Payment for Services.

The Company shall not be held liable to refund the booking amount or any part thereof in case of unavailability of rooms due to nature disaster (earthquake, landslide etc.) terrorist activity, government guidelines or any force majeure act, beyond the control of the Company.

The various modes of payment permitted by the Company such as cheque, credit card/ debit card, net banking etc. may require charges those are charged by banks or payment gateway, are independent and have no connection with the Company. The Company shall have no liability in case of any charge collected by banks or payment gateways.

M.       Termination of agreement:

Breach of any of the clauses stated in this agreement, shall result in automatic and promptly termination of Booking and will also result in immediate eviction of Customer from Property and  Company Shall be entitled to promptly forfeiture of entire Advance or any other amounts paid by the Customer without recourse.

 

N.        Interdiction:

Customer agrees  that conduct of the Customer will no way disturb the tranquillity, peace and modesty of the neighbours.  The property will be used by Customer  merely for the purpose of stay and not for any other purpose. The Customer  will not cause any nuisance to property of neighbours.  The Customer   will not have more number of persons than number specified at the time of Booking, The Customer  will not use Property for committing or conducting any unlawful act or immoral activity. The Company and the Owners shall in no way responsible or liable for such acts  done by Customer   or on behalf of the Customer.  The Customer   shall not possess or consume any prohibited drugs or organize ‘any rave parties in or around Property’.  The breach of this term and condition will result in promptly lodging of a Police Complaint by Company and Owner against the Customer.

 

O.        Animals:

Animals shall not be allowed in a  Property (such as horse, pets, etc)  if the Customer brings animal/s other than the one whose specific approval is granted, such animal/s shall not be allowed to enter the Property and if Customer have already Checked-In, the Customer will be evicted by owner from Property. In such a case, Customer  shall have no recourse to any refund of any deposits paid or whatsoever other amounts paid or any other compensation.

The Animals, when allowed by Owner, should always be in control of the customers. The Customer shall be solely and entirely responsible  to ensure that animals do not spoil or damage Property. The Customer shall be responsible for ensuring that the animals do not create any nuisance to neighbours.

 

P.         Usage terms:

The information, materials, Services available on the Gleekey Platform may inadvertently include inaccuracies, typographical errors, or outdate information; the Company is not responsible for and shall not be bound to honour typographical or pricing errors on the Gleekey Platform. 

The Company reserves the right to refuse or cancel orders at any time, including but not limited to the orders that contain incorrect prices or product descriptions, orders in which Company believes the Customer has violated applicable laws or these terms, orders that Company believes are harmful to Company  or orders that Company believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. 

In relation to its platform, expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the Services and/or products. He Company shall not be responsible for the delay or inability to use the   Platform, unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, services, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. 

Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance, operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Company’s control. The Customer understands and agrees that any material or data downloaded or otherwise obtained through the Platform is done entirely at Customer’s own discretion and risk and Customer will be solely responsible for any damage to Customer’s computer systems or loss of data that results from the download of such material or data. The Company  accepts no liability for any errors or omissions, with respect to any information provided to Customer.

The Company shall not be responsible for the delay or inability to use the Platform unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Gleekey Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Company’s control. The Customer understands and agrees that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Company accepts no liability for any errors or omissions, with respect to any information provided to the Customer.

Due to the nature of the Internet, the Company cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. The Company  may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. The Company may improve, enhance and modify the Gleekey Platform and introduce new Services from time to time.

Q.        Prohibited content:

As a pre-condition of use of the Gleekey Platform, the Customer warrants that Customer  shall not use this Platform for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the Customer agrees that this license to use Gleekey Platform will terminate immediately upon Customer's violation of this warranty. The Company reserves the right, at its sole discretion, to block/terminate Customer's access to this Platform and its content at any time, with or without notice. The Customer agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the Platform by the Customer:

a. shall not be false, inaccurate, misleading or incomplete; or

b. shall not be fraudulent or involve the use of counterfeit or stolen credit cards; or

c. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or

d. shall not be defamatory, libellous, unlawfully threatening or unlawfully harassing; or

e. shall not contain any viruses, Trojan horses, worms, time bombs,  other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person 

 

R.        The Customer is prohibited from engaging in the following activities: 

i.          Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Company.

ii.         Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. 

iii.       Circumvent, disable, or otherwise interfere with security- related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.

iv.        Engage in unauthorized framing of or linking to the Platform. 

v.         Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 

vi.        Make improper use of our support services or submit false reports of abuse or misconduct. 

vii.      Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. h. Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform. 

viii.     Attempt to impersonate another user or person or use the username of another user.

ix.        Sell or otherwise transfer profile.

x.         Use any information obtained from the Platform in order to harass, abuse, or harm another person. 

 

xi.        Use the   Platform as part of any effort to compete with us or otherwise use the  Platform and/or the Content for any revenue-generating endeavour or commercial enterprise. 

xii.      Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Gleekey Platform. 

xiii.     Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform. 

xiv.     Copy or adapt this Platform software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 

xv.       Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the  Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform. 

xvi.   Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism. 

xvii.   Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the  Platform, or using or launching any unauthorized script or other software. 

xviii.    Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.

xix.    Use the Platform in a manner inconsistent with any applicable laws or regulations.

 

S.         Communications:

When Customer uses the Gleekey Platform, Customer  agrees and understands that Customer  is communicating with Company through electronic records and Customer  consent to receive communications via electronic records from Company periodically and as and when required. The Company may communicate with Customer  by email or by such other mode of communication, electronic or otherwise. 

The Customer specifically agrees that Company shall not be responsible for unauthorized access to or alteration of Customer’s transmissions or data, any material or data sent or received or not sent or received. Further, Company will make best efforts to safeguard the confidentiality of Customer’s personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Gleekey Platform, Customer  agrees that Company shall not be liable for disclosure of Customer’s   information due to errors in transmission or unauthorized acts of third parties. 

Without prejudice to the foregoing Customer  agrees that Company shall not be held liable or responsible for 'phishing attacks' on Customer. The Customer  may accept or decline the cookies when Customer   accesses Gleekey Platform. It is the Customer’s responsibility to set his browser to alert him to accept or to reject cookies.

T.        Third party links:

The Company may also provide links to the other sites for purpose of enabling the Customer to make payment to Company. Any of the foregoing links do not constitute an endorsement by Company of any such sites and are provided only for convenience. The Company is not responsible for the content or links displayed on such sites. The Company is not responsible for the privacy practices of such sites which Company does not own, manage or control. The Company does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this  Platform may be linked and Company shall not be responsible for any deficiency thereof. The Company does not endorse any or all of the materials, Services, and services available on such linked sites, and the Company expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of Customer and is made at Customer’s own risk. The Company is not responsible for any non-performance or breach of any contract entered into between Customer and the third party. The Company does not guarantee that the third party will perform any transactions concluded on the website.

 

U.        No warranty:

The Services are provided by Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) Gleekey Platform or the Services will meet Customer’s requirements or Customer’s use of the Gleekey Platform or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Gleekey Platform, or Services will be effective, accurate or reliable; (iii) the quality of the Gleekey Platform, or Services will meet Customer’s expectations; or that (iv) any errors or defects in the Platform or Services will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the Platform shall create any warranty not expressly stated in the terms of use. The Company shall have no liability to the CUstomer for any interruption or delay, to access the Platform irrespective of the cause. 

It is hereby further clarified that Company and Channel Partners are separate and independent entities and Company does not work as representative or agent of the Channel Partner. 

The Company will be the first point of contact in respect of online payment dispute management, refunds, cancellations, returns and customer support as they relate to the use of Company services. Customer can approach out to Company to mediate or resolve any online payment dispute or disagreement between  Customer and Channel Partner Company shall not be made a party to any dispute between the Customer(s) and Channel Partner(s), except in disputes relating to Company services as mentioned above.

V.        Limitation of liability:

The Company shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Platform or any of the information, software, services and related graphics contained within the Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Company has been advised of the possibility of damages. 

Customer  hereby waive any and all claims, causes of action, or the rights to bring such claims or causes of action, arising out of or related to the site, communication, or these terms and conditions after one six months (can this be 48 hours?) from the first occurrence of the kind of act, event, condition, or omission upon which the claim or cause of action is based. 

 

W.       Responsibility:

All reservations that are made on Gleekey platform are a contract between the individuals/Customers and the Owner/hotels. The Company is in no way responsible or liable for the transactions made between individuals and Accommodation Providers/ the owner/hotels. Transactions occurring over the Internet involve inherent risks such as hacking, phishing, uploading of fraudulent schemes, targeted maligning, etc. Company may act as a mediator on case to case basis and customer shall cooperate and provide correct and true information when you will be given an opportunity to respond. In case Customer doesn’t respond the damage claim as requested by the Owner or Company, he Company shall be free to take appropriate legal action against you.

The Customer is  requested to kindly take due care of all their personal valuables and belongings. The Company or Owner shall not be responsible for any loss, theft or damage to the customer’s personal valuables and belongings.

 

User / Guest verification on the Internet is difficult and Company  does not assume any responsibility for the confirmation of any Customer’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, Company may, but have no obligation to

(i)        ask Customer to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Guests, 

(ii)       screen Customer against third party databases or other sources and request reports from service providers, and

(iii)     to ask sufficient information to identify a Customer, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

Customer agrees that Company is only an online booking platform and the extent of liability of Company will be as follows in the following situations:

In case of any accidents, fire, injuries or death(s) caused due to any reasons including but not limited to some quarrel between two or Customers and the Property owner. Any other emergency situations on the premises of Property caused by or to the customers, owner, or any third party, Any claims of damages by the Customer or their property should be promptly reported to Company and should be claimed before leave the place with proper evidence. The Company shall not be liable for any claim of damages or any liability, reported after the Check Out that may be caused to the Customer.

Any Bookings made via Company are prima facie not assignable. Customer shall  not transfer any Bookings made by Customer to anyone. The Company shall not allow so assigned Customer to enter the Property.

 

X.        Issues:

During the Stay of the Booking, if the amenities like pools,   tubs, bathrooms (toilet/shower), sink, stove or major other appliances, and electrical, heating or air condition systems are not present as displayed in the pictures on our Booking Channels or are not functioning properly or if the customers are not satisfied with cleanliness  or if the customers come across issues related to any deficiency of services and amenities like electricity, gas, water, swimming pool,  electronic appliances etc. at the Property   customers will bring the Issues to the notice of Company in writing or whatsapp and provide with information (including evidence) about the issues within 6 hours from the Check In time of the Customer. 

The Company shall make its best efforts to resolve these Issues but it shall not be held liable if they are not resolved in due time. Customer agrees that Company  shall not in any way be liable to refund or compensate the Customer in case Issues are not resolved. The decision of Company in all such matters will be final.

Customer agrees that in case a Issue is brought to Company’s notice after 6 hours of the start of check-in,  it shall not be entertained. The decision of Company shall be final and binding on the Customer with respect to resolving of any Issues.

Customer agrees that Company will not be liable for any loss or damage if the same arises out of Force Majeure or an Act of God or any other cause which is beyond the reasonable control of Company.

 

Y.        General provisions:

i.          Governing Law and Jurisdiction:

 The head office of Company is situated at Surat and carry out its entire business from Surat. Therefor the jurisdiction regarding any complaint/ suit will at Surat(Gujarat). The parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in SURAT (GUJARAT).

ii.         Severability: 

The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.

iii.       Intimation:

Any notices or other communications permitted or required hereunder, will be in writing and given by Company via email/ message.  For notices, the date of receipt will be deemed the date on which such notice is transmitted.

iv.        feedback:

The Company  inspirit Customer to provide feedback and suggestions for improvements to our website and Services.  Submission of Feedback may be made by emailing us at care@gleekey.in. 

 

v.         Miscellaneous:

Headings are for reference purposes only and in no way define or describe the scope or extent of such section.

This website shall have the right to assign its obligations and duties as mentioned herein and in any agreement relating to any or all of its services to any person or entity.            

vi.        Annunciation:

The Customer agrees that some experiences, occurrence, or the Group Payment Service may carry inherent risk, and by take part in such services and choose to presume those risks willingly.

vii.      Consent :

The Company may also make improvements or changes in the services provided by it as described in this website at any time without notice. Therefore, Company advises  to Customer to regularly check for any amendments or updates to these Terms and Conditions of Use. If the changes are not agreed to Customer, the Customer must stop using the website. Customer’s continuous use of this website will signify Customer’s acceptance of the changed terms. Any order or other terms of service provided by Company shall prevail notwithstanding any variance.