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STAYZINN Hotel Booking Engine Solution

Terms & Conditions

THESE TERMS AND CONDITIONS (“TERMS”) GOVERN CUSTOMER USE OF THE Stayzinn SERVICE. IF CUSTOMER VISITS ANY OF THE Stayzinn WEBSITES MENTIONED BELOW OR REGISTERS FOR A FREE TRIAL, FREE PLAN, OR PAID PLAN OF OUR SERVICE ON ANY OF OUR WEBSITES OR USES ANY OF OUR ON PREMISE SOFTWARE, THESE TERMS APPLY.

ACCEPTANCE OF TERMS

Techieclick (“Stayzinn,” “We” or ”Our”) provides its software and related services (“Stayzinn Software and Services”) to YOU(“Customer” or “Client) subject to these Terms And Conditions.

By accepting these Terms, or by accessing or using the Stayzinn Software and Services, YOU represent and acknowledge that YOU have read, understood, and agree to be bound by these Terms, and that the information YOU provide to Stayzinn is accurate, complete, and is Yours or within Your right to use. If YOU are entering into these Terms on behalf of a company, organization or another legal entity, YOU represent that YOU have the authority to bind such entity and its affiliates to these Terms, in which case the terms “YOU,” “YOUR” or related capitalized terms herein shall refer to such entity and its affiliates. If YOU do not have such authority, or if YOU do not agree with these Terms and Conditions, Privacy Policy, other policies, guidelines or instructions posted on the Stayzinn Websites, YOU must not accept these Terms and may not use Stayzinn Software and Services or the Site. YOU acknowledge that these Terms and conditions constitute a contract between YOU and Stayzinn, even though it is electronic and is not physically signed by YOU and Stayzinn, and that these Terms govern YOUR use of the Stayzinn Software and supersede any prior agreements between YOU and Stayzinn.

DESCRIPTION OF Stayzinn SOFTWARE AND SERVICES

The Stayzinn Software includes the Stayzinn On Premise Hotel Management Software, Web Based Hotel Management Software, Booking Engine, Channel Manager, On Premise and Web Based Restaurant Point of Sale, Restaurant Menu Systems, Feedback Systems, Mobile App, Custom Websites, Direct or third party Interfaces, All the API’s, Add-Ons, and all other related services provided by Stayzinn to YOU, including all software, data, text, images, sounds, videos, and other content provided by Stayzinn. Any new features or software added to or augmenting the Stayzinn Software and related services are also subject to these Terms.

SOFTWARE SECURITY

Stayzinn shall provide YOU with a username and password to access the Stayzinn Software. As a user you may also have rights to create sub users and their passwords to access the Stayzinn Software. All users who access the Stayzinn Software service do so with User account(s) which are provided to them by Stayzinn or by Users. As a safety measure, all the Users shall have to change the passwords after first login. As a registered user, YOU choose a unique password. YOU may not use the password of any other person to access the system. YOU are responsible for maintaining the confidentiality of your password and may not let any other person use it. YOU are solely responsible for the activities of anyone using your password, even if the activities were not authorized by YOU. YOU must notify us immediately of any unauthorized use of your password. In addition, if YOU believe or suspect your password has been compromised, YOU must promptly change your password using the functionality provided in the software. YOU are responsible for maintaining the confidentiality of your user account information and your password. Stayzinn will not be held accountable for changes made by either the users or services or channels YOU are associated with.

YOUR RESPONSIBILITIES

YOU are solely responsible for the accuracy of the content entered into the Stayzinn Software and Services under YOUR user account. YOU agree to indemnify Stayzinn, its related companies, officers, employees and its suppliers against liability or loss arising from, and cost incurred in connection with any content entered into the Stayzinn Software under your account. Stayzinn shall not be responsible if it cannot obtain access to any third party website or interface that is required in order to provide the Service in the event that any link fails to connect due to changes in the third-party systems. However, Stayzinn will make every effort to re-instate the connection.

It is Your responsibility to carefully manage your bookings and inventory. Stayzinn shall not be responsible for any over bookings. YOU shall indemnify us and hold us harmless against all claims made by third parties that arise from your failure to perform your obligations under this Agreement.

SOFTWARE INTERRUPTION

Stayzinn may make changes to the Stayzinn Software from time to time. Should changes be made to any module of the system that could affect YOUR operation of the system YOU may or may not be notified of such change.

To apply upgrades and other changes to the System Software the Stayzinn Software may be made temporarily unavailable. To minimize impact to your usage of the system, Stayzinn will attempt to make any outages as short as possible and at a time of day where system usage is at its minimum.

FEES

All payments shall be made in advance and payable in US$ (USD) or its equivalent in any other currency acceptable to Stayzinn or to such other account as the Stayzinn may direct. The Charges are exclusive of any taxes, duties or other governmental levies or charges that the Client shall continue to be liable for as and when the same is imposed.

The Stayzinn services are made available on a pay-as-you-go basis or pre-pay depending on YOUR preferences. The Stayzinn service is billed to YOU periodically and is non-refundable, not withstanding any accounts which have been debited in error or for which appropriate notice (30 days) has been given in writing to cancel Your User Account.
For any upgrade or downgrade in plan level part way through the month, YOU will be charged a pro-rated amount for the current month, and then the amended fee from the following month onwards. Downgrading your account may cause the loss of data, features, or capacity of your User account. Stayzinn does not accept any liability for such loss.
Prices of all services, including but not limited to monthly fees to the service, are subject to change upon 30 days notice from Stayzinn. Such notice may be provided at any time. Your Stayzinn User account may be suspended or terminated if YOU do not pay the fees as they fall due.

Billing Disputes: Stayzinn must receive notice of billing disputes within sixty (60) days of the date your account was invoiced for the services or YOU shall be deemed to have accepted such charges.

INTELLECTUAL PROPERTY RIGHTS

All contents, text, images, data, information and other material displayed, available or present on Stayzinn website, including any trademarks or copyrights, are the property of Stayzinn or the designated owner and are protected by applicable intellectual property laws. YOU agree not to infringe upon or dilute any intellectual property of Stayzinn, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on Stayzinn Website. YOU are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this Website or any Content without the prior written permission of Stayzinn.
YOU agree not to upload copyrighted or other proprietary material of any kind on the Stayzinn System without the express permission of the owner of that material. YOU are solely responsible for the content in your account and for any offense, claims or damages that arise from the content of those material.

DISCLAIMER AND WARRANTIES

Stayzinn, its related companies, officers, employees and its suppliers provide the Stayzinn Software and related services “as is” and without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. Stayzinn, its related companies, officers, employees and its suppliers specifically disclaim any implied warranties of title, merchant-ability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law. YOU understands and agrees that the Stayzinn Software may not satisfy all of your requirements and may not be uninterrupted or error-free. Stayzinn does not guarantee continuous, uninterrupted access to Stayzinn Software and related services, and operation of the Stayzinn Software and related website(s) may be interfered with by numerous factors outside of our control.

LIMITATION OF LIABILITY.

No Consequential Damages.

Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these terms, or such party’s affiliates or their respective officers, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party in connection with this agreement or the service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.

Force Majeure And Third Parties.

YOU agree that Stayzinn is not liable for failure or delay in performing its obligations here-under if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any government authority, war, sabotage, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Services.

Limits On Monetary Damages.

Notwithstanding anything to the contrary in these terms, Stayzinn’s (including any of its affiliates) aggregate liability, for damages (monetary or otherwise) under these terms during any calendar year for claims made by YOU or any third party arising from Stayzinn’s service, shall be limited to the lesser of (i) actual damages incurred, or (ii) payments made by YOU for the service during the twelve (12) months preceding the claim. The parties acknowledge and agree that the essential purpose of this clause is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under this agreement, which would have been substantially higher if Stayzinn were to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into this agreement.

ASSIGNMENT OF AGREEMENT

Either party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements accepted by both parties). Stayzinn may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Stayzinn hold the sole right to modify the Terms and Conditions with or without prior permission from YOU or informing YOU. The relationship creates on YOU a duty to periodically check the terms and stay updated on its requirements. If YOU continue to use the Stayzinn Software and Services following such a change, this is deemed as consent by You to the so amended policies. By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, which would be amended from time to time.

THIRD PARTY APPLICATION AND SERVICES

Stayzinn provides a platform for third party applications, websites and services to make available products and services to YOU (“Third Party Applications”), and your use of these Third Party Applications is subject to their terms of use. YOU understand and agree that Stayzinn is not responsible or liable for the behaviour, features, or content of any Third Party Application.

INDEMNIFICATION

Your Indemnification

YOU agree to indemnify, defend and hold Stayzinn harmless and any Stayzinn Related Entities and the directors, officers, employees, subcontractors and agents thereof (collectively, the “Indemnified Party”), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of: (a) Breach of any representation, warranty, obligation or covenant under this Agreement by YOU; (b) Gross negligence or willful misconduct by YOU; or ( c) any warranty, condition, representation, indemnity or guarantee relating to Stayzinn and Stayzinn Related Entities granted by YOU to any other third party.

Notice of Indemnification.

In claiming any indemnification hereunder, the Indemnified Party shall promptly provide YOU with written notice of any claim which the Indemnified Party believes falls within the scope of the foregoing paragraphs. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that YOU shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Indemnified Party shall not be final without the Indemnified Party’s written consent, which shall not be unreasonably withheld.

CONFIDENTIALITY

Stayzinn acknowledges that, in the course of its performance of this Agreement, it may become privy to certain information that YOU deem as being proprietary and confidential. Confidential Information means any information of Yours that is by its nature is confidential or is designated by YOU as confidential. Stayzinn agrees that it will use YOUR Confidential Information solely for the purposes of the provision of the Stayzinn service to YOU and will not disclose YOUR Confidential Information, directly or indirectly, to any third party without YOUR prior written consent. YOU agrees that Stayzinn may identify the Client as one of its clients in its promotional media and literature and disclose to current and prospective clients and investors that the Client is a subscriber and user of the Company's products and services.

TERMINATION OF SERVICE

Techieclick reserves the right to terminate YOUR access to the Stayzinn Software at any time for any reason whatsoever with a 15 days notice to YOU. Stayzinn shall not be liable to YOU or any third party for any modification, suspension or discontinuation of the Service. If YOU breach any of the terms of this agreement Stayzinn reserves the right to terminate YOUR access to the Stayzinn Software immediately on becoming aware of such breach.

SURVIVAL NOTE

Intellectual Property Rights, Disclaimer of Warranties, Cancellation and Termination, Limitation of Liability, Indemnification, Assignment, Entire Agreement; Revisions, Severability, and Governing Law and Jurisdiction will survive any termination of these Terms.

GOVERNING LAWS AND JURISDICTION.

This Agreement shall be governed, construed and enforced in accordance with the laws of Republic of India. Each Party agrees that any legal action, proceeding, controversy or claim between the Parties arising out of or relating to this Agreement may be brought and prosecuted only in a court of Surat, Gujarat territory, and by execution of this Agreement each Party hereto submits to the exclusive jurisdiction of such court and waives any objection it might have based upon improper venue or inconvenient forum.

SEVERABILITY

If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

GOVERNING LANGUAGE

Any translation of this Terms and Conditions is done for local requirements or for your convenience. In the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

Stayzinn WEBSITES

Stayzinn websites contains the following website: www.stayzinn.com, secure.stayzinn.com

NO OTHER RIGHTS

No other rights or licenses are granted under this Agreement, by implication, estoppel, statute or otherwise, except as expressly provided herein

Refund & Cancellation Policy

We do not entertain Refund and Cancellation in any circumstances

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