Please read these Terms and Conditions fully and carefully before using www.beaguest.in (the “Site”) or BEAGUEST - More than a PG (the “App”) and the services, features, content or applications offered by BEAGUEST (“BEAGUEST,” “we”, “us” or “our”) (together with the Site, the App, the “Services”). These Terms and Conditions set forth the legally binding terms and conditions for your use of the Site, the App and the Services.

Terms and Conditions

BEAGUEST STAYS PRIVATE LIMITED provides accommodations to rent with guests seeking to rent such accommodations (collectively, the "Services"), which Services are accessible at www.beaguest.in and any other websites through which BEAGUEST makes the Services available (collectively, the "Site") and as an application for mobile devices (the "Application"). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program, and constitute a binding legal agreement between you and BEAGUEST. Please read carefully these Terms and our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS. YOU UNDERSTAND AND AGREE THAT BEAGUEST IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS BEAGUEST A REAL ESTATE BROKER, AGENT OR INSURER. BEAGUEST HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Main terms

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site or App, you agree to these Terms and Conditions and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.

These Terms and Conditions apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

Eligibility

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Modifications

We reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes.

How do we, our website and applications work?

The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties ("Accommodations"). Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to BEAGUEST by creating an Account (defined below). As stated above, BEAGUEST makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations. BEAGUEST is not an owner or operator of properties, including, but not limited to, paying guest accommodations, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, paying guest Accommodations, hotel rooms, motel rooms, other lodgings or Accommodations and BEAGUEST does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services and BEAGUEST’s role is solely to facilitate the availability of the Site, Application and Services. Similarly, BEAGUEST is not a contracting agent or representative of any Host. Instead, BEAGUEST’s role is solely to facilitate the availability of the Site, Application and Services for Members and to provide services related thereto.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE BOOKING OF ACCOMODATIONS. BEAGUEST STAYS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. BEAGUEST STAYS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

Registration of Account

To sign up for the Services, you may be required to register for an account on the Services (an “Account”). You must provide accurate and complete information as per your Aadhar card and keep your Account information updated. you shall not provide any false/wrong details about your Name, Permanent address, Aadhar number, Date of birth, gender and E-mail ID. Your Account information may include information that is personal to you, such as your name, email address, Aadhar Number and phone number (collectively, “personal details”). You may only provide your own personal details. You may not provide personal details of any third person. You must update your Account information to reflect any change to your personal details. If at any time any portion of your Account information is inaccurate or incomplete, or if you otherwise violate these Terms and Conditions, we may in our sole discretion and without advance notice choose to suspend or terminate your access to Services, your Account or both.

You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by sending a request to support@beaguest.in

Listing of Accommodations

For Accommodation listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered. You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that BEAGUEST STAYS assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. You understand and agree that BEAGUEST does not act as an insurer or as a contracting agent for, or representative of, you as a Host, and if a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and BEAGUEST is not a party thereto. Please note that BEAGUEST reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that BEAGUEST, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

When your PG is listed in beaguest.in, BEAGUEST makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.) BEAGUEST recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.

No Endorsement

BEAGUEST does not endorse any Members or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. BEAGUEST will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from BEAGUEST STAYS with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.

The fees displayed in each Listing are comprised of the Rent fee and the commission fee. Where applicable, Taxes may be charged in addition to the Rent fee and commission fee. The Rent Fees, the Commission Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Guest solely relating to a Host’s Accommodation are the "Rent Fees". Please note that it is the Host and not BEAGUEST which determines the Rent Fees. The Rent Fee may include a cleaning fee, at the Host’s discretion. BEAGUEST charges a fee to Guests based upon a percentage of applicable Rent Fees which are the "Commission Fees". The Commission Fees are added to the Rent Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. BEAGUEST will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking ) and will remit the Commission Fees to the Host when the booking is made. Please note that BEAGUEST does not currently charge fees for the creation of Listings. However, you acknowledge and agree that BEAGUEST reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that BEAGUEST will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

Advance Amount

The Hosts can include advance amount in their listing and notify that the advance amount is refundable or not. The advance amount will only be displayed in the website on behalf of the host. BEAGUEST will not be charging any commission on the advance amount. BEAGUEST is not involved in the transaction of advance amount and it is dealt between the User and the Host. and also BEAGUEST is not involved in any advance amount transaction and refund.

Service fees

In consideration for providing the Services, BEAGUEST collects service fees from Guests. Service Fees are made up of two (2) components: (i) Commission Fees and (ii) Transaction Fees collectively called as Service fee. Service fee will be charged on the Time of booking through debit card, credit card and net banking. In case of cancellation of booking the Transaction fee will not be refundable. and the commission fee is only refundable if the cancellation is done before 2 days of check-in date chosen while booking. if the booking is cancelled on and a day before the check-in date provided by the Guest then the Commission amount is not remitted back. If the Guest fail to check-in on the booked date the booking will be automatically cancelled and the commission fee will not be remitted back.

Donations

Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. BEAGUEST cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Host, BEAGUEST may issue a valid invoice to such Host.

Damage to Accommodations

As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim the payment will be charged by the Host. including using Security Deposits, in situations in which you have been determined.

BEAGUEST will not be held responsible for the damages caused by Guest or by the individuals they invite or otherwise provide access to, and will not be liable to pay any amount in case of any damage. It is the hosts responsibility, any such issues has to be dealt between the Host and the Guest. And Guest has to compensate the host, if any such damages are found by the host and determined.

Member Conducts

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to BEAGUEST a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site, Application and Services. BEAGUEST does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to BEAGUEST the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BEAGUEST’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that BEAGUEST is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BEAGUEST of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Property Rights Notices

Feedback

AWe welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at support@beaguest.in or through the Contact section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of BEAGUEST and you hereby irrevocably assign to BEAGUEST and agree to irrevocably assign to BEAGUEST all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At BEAGUEST’s request and expense, you will execute documents and take such further acts as BEAGUEST may reasonably request to assist BEAGUEST to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

BEAGUEST respects copyright law and expects its users to do the same. It is BEAGUEST’s policy to terminate in appropriate circumstances the BEAGUEST Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

BEAGUEST account and Termination

Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Website, Application and Services, and (b) deactivate or cancel your BEAGUEST Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event BEAGUEST terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your BEAGUEST Account you will remain liable for all amounts due hereunder. Please note that if your BEAGUEST Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers Limitation of Liability

You are solely responsible for your interactions and arrangements with other individuals, including users and Members. We make no representations or warranties as to

(i) the conduct of users or Members,
(ii) users’ or Members’ compatibility with current or future Members, including fellow BEAGUEST community residents or neighbours, or
(iii) any information concerning any activities or arrangements suggested by users or Members.

In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services


(i) for any damages arising out of or relating to your or anyone else’s conduct in connection with the services, including, without limitation bodily injury, emotional distress and any damages resulting in any way from communications, meetings, activities or arrangements with users, members or persons you may otherwise meet through the services,
(ii) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising),
(iii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or
(iv) for any direct damages in excess of (in the aggregate) the greater of (A) fees paid to us for the particular Services during the immediately previous one (1) month period or (B) Rs.25000.

You agree to take reasonable precautions and exercise the utmost personal care in all interactions with other users or Members or any other individual you come into contact with through the Services, particularly if you decide to meet such users, Members or individuals in person. You understand and agree that we make no guarantees, express or implied, regarding your compatibility with users, Members or other individuals you meet through the Services, including any fellow BEAGUEST community residents or neighbours. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals. We strongly advise you to use the utmost caution before sharing any personally identifiable information with others, including users and Members. We do not and cannot assure you that it is safe for you to have direct contact with any other individual that you come into contact with through the Services. If you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities, and then to contact us at support@beaguest.in so that we may take appropriate action.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.s

Reporting Misconduct

If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who


(i) engages in offensive, violent or sexually inappropriate behaviour,
(ii) you suspect of stealing from you, or
(iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to BEAGUEST by contacting us with your police station and report number at support@beaguest.in; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between BEAGUEST and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BEAGUEST and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by BEAGUEST


(i) via email (in each case to the address that you provide) or
(ii) by posting to the Site or via the Application.

For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Controlling Law and Jurisdiction These Terms will be interpreted in accordance with the laws of the Jurisdiction of Bengaluru District Karnataka where the registered office of BEAGUEST is present, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in Bengaluru, India for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below. Dispute Resolution You and BEAGUEST agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website or Application (collectively, "Disputes") will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and BEAGUEST are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and BEAGUEST otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms. Arbitration Rules and Governing Law. The arbitration will be administered by the Judicial Courts in accordance with the Indian Laws.

Changes. Notwithstanding the provisions of the "Modification" section above, if BEAGUEST changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@beaguest.in within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of BEAGUEST’s e-mail to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and BEAGUEST in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

The failure of BEAGUEST to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BEAGUEST. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contact

If you have any questions about these Terms or any App Store Sourced Application, please contact BEAGUEST at support@beaguest.in

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