Site Usage and Information Agreement

Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

TERMS & CONDITIONS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.zorooms.com Website/ Application or on the ZO Rooms mobile application.

This internet based website www.zorooms.com (hereinafter “Website”) and its other digital properties including but not limited to its mobile application (“Application”) which is a technology platform owned, operated and made available by Zostel Hospitality Private Limited (“ZORooms”), a company incorporated under the laws of India, having its registered place of business at A-6, 7 Pratap Colony, Ratnada, Jodhpur-342011, India and its corporate office at D-13/5, Okhla Industrial Area,Phase 2, New Delhi 110020, which enables the user to connect with independent third party hotel owners (“Channel Partner”) offering renting of various guest houses/ hotels/ accommodations listed on the Website/ Application to the users (“Services”). These terms and conditions (including those incorporated by reference and including all schedules, appendices and annexures etc.) and Privacy Policy (collectively “Usage Terms”) with regard to the use of this Website/Application form an agreement between ZO Rooms and the user(s)/registered users of the Website (“User” or “You” or “Customer”, as the case may be).

This Website/Application offers You access to the Website/ Application and the Services through the Website/ Application subject to adhering to Usage Terms in their entirety.  ZO Rooms shall do all the reasonable efforts to connect you with a Channel Partner as per your requirement. However, the User acknowledges that Channel Partner shall provide User/You the services and therefore the same is subject to the contract between YOU and the Channel Partner. ZO Rooms shall never be a party to any such contract. By using this Website/ Application you hereby acknowledge and agree that ZO Rooms is not a hotel/guest house owner and has no control over the conduct or behaviour of the Channel Partner or the quality, fitness or the suitability of the services provided by Channel Partner. Zo Rooms disclaims any and all liabilities in this regard.

Conditions

1. MEMBERSHIP ELIGIBILITY

YOU ARE HERBY ADVISED TO CAREFULLY READ THE USAGE TERMS BEFORE USING OR REGISTERING ON THE WEBSITE/ APPLICATION OR ACCESSING ANY INFORMATION RELATING TO ANY SERVICES OFFERED THROUGH THE WEBSITE/ APPLICATION. YOUR USE OF THE WEBSITE/ APPLICATION AND/OR THE SERVICES PROVIDED UNDER THE WEBSITE/ APPLICATION SHALL BE DEEMED AS YOUR ACCEPTANCE OF THE USAGE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

Membership on the Website/Application is free.

If you are not agreeable to all the Usage Terms in their entirety, you must not use this Website/ Application and should exit/logout immediately. Your use of the Website/ Application implies that You agree with the Usage Terms in their entirety. You agree, acknowledge and recognize that the contract of sale is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the High Court of Delhi at New Delhi and its subordinate courts to the exclusion of all other courts.

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Usage Terms and that you agree to be bound by these Usage Terms. While individuals under the age of 18 may utilize/browse the Website/ Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.

The User agrees and acknowledges that this Website/ Application can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in India. Individuals who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to minors, un-discharged insolvents etc. are not eligible to use this Website/ Application and purchase the Product(s). ZO Rooms reserves the right to terminate such User’s access to and refuse to provide User with access to the Website/ Application if ZO Rooms discovers that User is under the age of 18 years. Furthermore ZO Rooms has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.

ZO Rooms provides Services on the Website/Application subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website/ Application, You acknowledge, declare, confirm and represent & warrant to ZO Rooms that you have read and understood the Usage Terms and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on You. This agreement is effective immediately upon your accessing, viewing, or using this Website/ Application. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time.  ZO Rooms may add to or change, update these Usage Terms from time to time entirely at its sole discretion.  Your use of the Website/ Application and any amendment to the Usage Terms shall constitute your acceptance of these Usage Terms and You agree to be bound by any such changes/revisions/amendments.  Website/ Application shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Usage Terms. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. Your access to the Website/ Application for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website/ Application at the time of such use.

In case you are not eligible to use the Website/ Application but still persist in doing so, or you violate any Usage Terms herein, or you furnish false/fraudulent information to order to avail the Service(s), you are put to caution that your Web browser transmits a unique address, which can be accessed by the law enforcement agencies to track and identify your identity.

2. WEBSITE/APPLICATION

The Website/ Application is an online marketplace where Users may meet and interact with Channel Partner for their transactions. Channel Partner’s list their guest houses, hotels and other lodgings (“Accommodations”) on the Website/ Application and User reserves the Accommodation at the prices specified by the Channel partner on the Website/Application. ZO Rooms hereby clarifies and the User agrees and understands that ZO Room is not the owner of the Accommodations and will not be liable for any services or lack of them at the Accommodations booked by the User. It is hereby further clarified that ZO Rooms and Channel Partners are separate and independent entities and ZO Rooms does not work as representative or agent of the Channel Partner. By making a reservation/booking at the listed Accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone. ZO Rooms does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial/ contractual terms between Channel Partner and the User.

ZO Rooms is not responsible for any non-performance or breach of any contract entered into between User (includes Registered User or Guest User) and the Channel Partner. ZO Rooms cannot and does not guarantee that the concerned Channel Partners will perform any transaction concluded on the Website/ Application. ZO Rooms shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall Zo Rooms be made a party to dispute between User(s) and Channel Partner(s).

3. MARKETPLACE/ PLATFORM

The Website/ Application is a marketplace through which Channel Partners can reach a larger base to rent out their Accommodations. ZO Rooms simply provides a platform for communication and it is agreed that the contract for renting of any of the Accommodations or Services shall be a strictly bipartite contract between the between Channel Partner and the User.

You hereby agree and understand that all the Accommodations listed on the Website/ Application are done by the Channel Partner and as per the details provided by Channel Partner(s). ZO Rooms has no role once You/User have utilised the Services unless specified otherwise by ZO Rooms. Channel Partners will be responsible for providing any services to the User at the Accommodation reserved by User. ZO Room has no control over the Channel Partner and it will be Channel Partner’s responsibility to provide Accommodation and services as mentioned on the Website/Application. You/User acknowledges and agrees that while checking-in at the Accommodation, You/User might have to enter into a separate agreement with the Channel Partner at Channel Partner’s sole discretion and You/User shall abide by the terms and conditions of such agreement and accept any conditions, restriction, rules imposed by virtue of the agreement between You and the Channel Partner. ZO Rooms hereby state that it has no knowledge of the agreement User might have to enter with the Channel Partner and ZO Rooms shall have no obligation to fulfil any conditions mentioned in the agreement agreed between User and the Channel Partner.

4. RESERVATION/ BOOKING OF SERVICES

The process of booking Services from this Website/ Application may require you to disclose confidential information including Credit Card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site 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.

That relying on declarations, confirmations, Information and obligations made/undertaken by the User in accordance with Usage Terms in this Agreement, and believing the same to be true and acting on the faith thereof, ZO Rooms has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to ZO Rooms:

(a) the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to ZO Rooms for Services ordered by the User.

(b) In the event of detecting any suspicious activity from User’s account, ZO Rooms reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.

(c) In a credit card transaction; User must use your own credit card for which User has full right & authority to validly use such Credit Card for making payment to ZO Rooms. ZO Rooms shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.

(d) While using the Website/ Application User shall at all times strictly comply with the Payment Procedure and the Usage Terms in their entirety.

(e) Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the accommodation and usage fee of the Accommodation as has been displayed on ZO Room's Website/ Application by the Channel Partner to your complete satisfaction.

The User agrees and acknowledges that in the Website/ Application all Services are offered only at the sole discretion of ZO Rooms.

5. USE OF THE WEBSITE/ APPLICATION

The User agrees, acknowledges, confirms and undertakes that the Registration Data, information/data provided or uploaded onto the Website/ Application by the User: (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 be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or 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 whatsoever; or (g) shall not create liability for ZO Rooms or cause ZO Rooms to lose (in whole or in part) the services of ZO Rooms’ ISPs or other service providers/suppliers. If the User contravenes the foregoing or ZO Rooms has reasonable grounds to suspect that the User has contravened the foregoing, ZO Rooms has the right to indefinitely deny or terminate User's access to the Website/ Application and to refuse to honour the User's request(s).

The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website/ Application as listed by the Channel Partner. ZO Rooms makes no representations about the suitability, completeness, timeliness, reliability, legality in User's jurisdiction, or accuracy of the information, materials and services relating to the Services described or contained in this Website/ Application for any purpose whatsoever. ZO Rooms does not promote any Channel Partner or Accommodations listed on the Website/ Application. It is User’s responsibility to check the details of the Accommodations listed on the Website/ Application at its sole discretion.

ZO Rooms has endeavoured to provide the most accurate, up-to-date information on this Website/ Application. However, the information, materials, Services available on this Website/ Application may inadvertently include inaccuracies, typographical errors, or outdated information. ZO Rooms is not responsible for and shall not be bound to honour typographical or pricing errors on this Website/ Application. ZO Rooms reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which ZO Rooms believes the User has violated applicable laws or Usage Terms, orders that ZO Rooms believes are harmful to ZO Rooms or orders that ZO Rooms believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. ZO Rooms neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. ZO Rooms expressly disclaims any warranties and conditions whether express or implied about their 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. ZO Rooms shall not be responsible for the delay or inability to use the Website/ Application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Website/ Application, or otherwise arising out of the use of the Website/ Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, ZO Rooms shall not be held responsible for non-availability of the Website/ Application during periodic maintenance operations or any unplanned suspension of access to the Website/ Application that may occur due to technical reasons or for any reason beyond ZO Rooms’ control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/ Application 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. ZO Rooms accepts no liability for any errors or omissions, with respect to any information provided to the User.

7. PAYMENT AND USAGE FEE

User hereby agree and understand that he will have to pay the usage fee as mentioned on the Website/Application for the concerned Accommodation via the payment mode provided on the Website/Application post which User’s requested reservation will be confirmed by the Channel Partner. Once the reservation has been confirmed by the Channel Partner, ZO Rooms will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.

ZO Rooms uses third party payment providers to receive payments from User on Channel Partner’s behalf. Zo Rooms is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Zo Rooms takes utmost care to work with 3rd 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.

8. COMPLIANCE WITH LAWS

User and ZO Rooms shall comply with all the applicable laws applicable to them respectively for using payment facility and the Website/ Application.

9. WARRANTY

The Services are provided by ZO Rooms 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, ZO Rooms makes no warranty that (i) the Website/ Application or the Services will meet your requirements or Your use of the Website/ Application or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website/ Application, or Services will be effective, accurate or reliable; (iii) the quality of the Website/ Application, or Services will meet your expectations; or that (iv) any errors or defects in the Website/ Application or Services will be corrected. No advice or information, whether oral or written, obtained by you from ZO Rooms or through or from use of the Website/ Application shall create any warranty not expressly stated in the terms of use.

ZO Rooms shall have no liability to the User for any interruption or delay, to access the Website/Application irrespective of the cause.

10. INDEMNIFICATION

Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to ZO Rooms herein or any applicable laws or otherwise. User agrees to indemnify, defend and hold ZO Rooms harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ZO Rooms that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these Usage Terms. Further, User agrees to hold ZO Rooms harmless against any claims made by any third party due to, or arising out of, or in connection with, User’s use of the Website/ Application, User’s violation of the Usage Terms, or User’s violation of any rights of another, including any intellectual property rights.

11. LIMITATION OF LIABILITY

ZO Rooms 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 Website/ Application or any of the information, software, services and related graphics contained within the Website/ Application or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if ZO Rooms has been advised of the possibility of damages.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, ZO ROOMS'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF PURCHASING / BROWING THE WEBSITE/ APPLICATION SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.

12. INTELLECTUAL PROPERTY

The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to ZO Rooms or this Website/ Application (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for ZO Rooms to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this Website/ Application and that use of his/her content by ZO Rooms shall not infringe upon or violate the rights of any third party. ZO Rooms, its mark and logo are trademarks of Zostel Hospitality Private Limited. You understand and agree not to display or use these Trademarks in any manner whatsoever.

As a pre-condition of use of this Website/ Application, User warrants to ZO Rooms that User shall not use this Website/ Application for any purpose that is unlawful, unauthorized, or inconsistent with Usage Terms, and the User agrees that this license to use ZO Rooms Website/ Application will terminate immediately upon User's violation of this warranty. ZO Rooms reserves the right, at its sole discretion, to block/terminate User's access to this Website/ Application and its content at any time, with or without notice. All content on this Website/ Application, including text, graphics, images, and logos, is the property of ZO Rooms or its content suppliers and is protected by domestic and international copyright laws and regulations. In addition, ZO Rooms owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of this Website/ Application's content. Except as expressly provided herein, ZO Rooms does not grant any express or implied right to you. ZO Rooms reserves the right to protect its intellectual property rights to the fullest extent under the applicable law.

For all intents and purposes singular includes plural and masculine gender includes the feminine gender. This Agreement is written in English and the official language of this Agreement and all correspondence concerning it shall be in English.

13. JURISDICTION

This Agreement, and all transactions entered into on or through Website/ Application shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website/ Application, the Usage Terms or any transactions entered into on or through the Website/ Application or the relationship between User and ZO Rooms shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and User hereby accede to and accept the jurisdiction of such courts.

Any failure, delay or forbearance on the part of ZO Rooms in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by ZO Rooms of any right, power or privilege preclude any other future exercise or enforcement thereof.

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.

15. ZO Cash

ZO Cash is earned by participating in various promotional activities of ZO Rooms. This is the ZO Cash offered by ZO Rooms to the user for which the user has not paid any amount to ZO Rooms.

  1. ZO Cash can be used for bookings made via desktop and mobile app only.
  2. ZO Rooms holds the right to cancel all or partial promotional ZO Cash granted to the user by ZO Rooms at any point of of time without any prior notice.
  3. In order to use ZO Cash, you need to log in to your ZO Rooms account and while booking your hotel room, you have to choose ZO Cash as option to pay. You can pay the amount using both ZO Cash as well as through credit/debit card or net banking.