1.1. This document is an electronic record in terms of (i) the Information Technology Act, 2000; (ii) the rules framed thereunder, as applicable; and (iii) 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.
1.3. This Website is owned and operated by Jaadooghar, a sole proprietorship and having its registered office at E-1401, Prateek Stylome, Sector 45, Noida, Uttar Pradesh 201303 (“Jaadooghar”).
2. WEBSITE AND SERVICES
2.1. The Website is a platform that facilitates Users to browse, select and book properties and related travel services (“Services”).
2.4. All the information on the Website is provided on an as-is-where-is basis. As a result, the Website has no control over the quality, availability, safety, morality or legality of any aspect of the properties listed, the truth or accuracy of the listings, the ability of Jaadooghar to provide Services or the ability of Customers to pay for items. You understand and agree that all properties listed on the Website are Jaadooghar partnered properties, and not Jaadooghar owned properties. Jaadooghar is not responsible for the quality of stay and services availed from the hosts or at the properties. You understand and agree that Jaadooghar is merely a platform where the properties and their experiences are listed and all bookings are governed by the terms and conditions/ house rules stipulated of the individual property booked. Accordingly, You are required to comply with each property’s house rules/ terms and conditions which are absolute and non-negotiable. The terms of Our partnership with these properties is governed by Our independent agreements with them.
2.5. The Website does not pre-screen Users or the content or information provided by Users. The Website is not responsible for delayed or failed provision of Services, which are out of stock, back ordered or otherwise unavailable due to any emergency or any other reason whatsoever. All Services are only available for a restricted period of time and as per their available inventory.
2.6. The pictures displayed corresponding to the properties may not be an accurate representation of the relevant listing, and as such the Website disclaims any guarantees of exactness as to the finish and appearance of the property. The quality and the manner of any Services, information, or other material obtained by You through the Website will be as per the sole discretion of Jaadooghar.
2.7. To avail Jaadooghar’s itinerary recommendations services, You shall log into Your account and go to “Build My Itinerary’ section and submit the questionnaire/ form therein. You understand that Jaadooghar takes at least 2-3 working days to customize and send an itinerary to You. You understand and agree that if Your check-in date is sooner than 3 working days from the date of your booking or from the date of You sending Jaadooghar an itinerary request via the questionnaire on the Website, Jaadooghar shall have no obligation to send You itinerary recommendations.
2.8. Jaadooghar tries to provide real-time availability of rooms/ properties on the Platform on best efforts basis, however, due to technical errors or network outages it may happen that the property/room booked on the Platform may not be actually available. In such cases, Jaadooghar shall provide the Customers full refund of the booking amount. You understand and acknowledge that such situations are beyond the control of Jaadooghar and that You shall have no remedy apart from Jaadooghar providing a full refund to You of the booking amount.
3. REPRESENTATIONS AND WARRANTIES
3.1. Jaadooghar hereby represents and warrants that –
3.2. The Customer hereby represents and warrants that –
3.2.2. You shall provide accurate information and details at the time of registration on the Website or while making payment for the purchase of Services;
3.2.3. You shall not default in making payments for Services bought on the Website. In case of failure of payment on the Website, Jaadooghar shall not have any obligation to provide Services/ bookings;
3.2.4. You agree and acknowledge the fact that there may be subjective and practical differences between the description of the properties and Services on the Website and the actual properties/ Services and pursuant to that, You shall not demand for refund or any other compensation for such variations. You also agree and acknowledge that since these properties are not Jaadooghar owned, Jaadooghar has no control over the quality of properties and experiences. The experiences provided on the properties may be seasonal, and dependent on a lot of factors such as availability of resources, time etc. and the Customer shall not have an absolute right to receive these experiences. You agree and acknowledge that Jaadooghar has no liability to fulfill the experiences and the same are the obligation of the property partner to be fulfilled on-site subject to availability. No refund shall be issued to the Customer for any issues in/ lack of experiences on the property;
3.2.6. You are competent to contract i.e. You can enter into a legally binding contract under the Indian Contract Act, 1872. Any transactions conducted on the Website in contravention of the Indian Contract Act, 1872 shall be voidable at the instance of Jaadooghar or the Customer as the case may be.
4. INTELLECTUAL PROPERTY RIGHTS
4.1.1. All content included on the Website and made available to the Users as part of the Services, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, is the property of Jaadooghar or its associate partners. The compilation of all content on this Website is the exclusive property of Jaadooghar or its associate partners, and shall not be reproduced or used without express written permission from Jaadooghar. You agree not to decompile, reverse engineer or disassemble any content accessible through the Website, not to insert any code or product or manipulate the contents of the Website in any way that affects the User’s experience, and not to use any data mining, data gathering or extraction methods. We reserve the right to terminate our engagement if We, in our sole and absolute discretion, believe that You are in violation of this clause.
4.1.2. Jaadooghar’s content available on or via the Website, are provided to You on an as is where is basis for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Jaadooghar. Jaadooghar reserves all rights, not expressly granted in and to the Website.
The Website is the domain of Jaadooghar. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Jaadooghar. The trademarks, domain names and trade dress of Jaadooghar shall not be used or reproduced without prior written approval from Jaadooghar, and may not be used in connection with any product or service that is not affiliated with Jaadooghar, in any manner that is likely to (a) cause confusion among Users or potential users; or (b) dilute the rights of Jaadooghar, or (c) to disparage or discredit Jaadooghar in any manner.
4.3. License and Warranty for Your submissions to the Website
4.3.1. If You use the Website as a registered User of the Website, then You are responsible for maintaining the confidentiality of Your User identification details such as ID and password. You are responsible for all activities that occur under Your User ID. You agree inter alia, to provide true, accurate, current and complete information about Yourself as prompted by the Website registration form. If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to indefinitely suspend, terminate or block access of Your membership with the Website and refuse to provide You with access to the Website.
4.3.2. Jaadooghar hereby agrees and acknowledges that You are in ownership of the content and information provided by You to Jaadooghar, and You may request deletion of such content at any time. Additionally, You grant Jaadooghar a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialize, in any way, now known or in the future discovered, any information You provide, directly or indirectly to Jaadooghar, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data, without any further consent, notice and/or compensation to You or to any third parties.
4.3.3. Any content or information You submit to Us is at Your own risk. By providing content or information to Us, You represent and warrant that You are entitled to submit such content and it is not confidential or not in violation of any law, contractual restriction or third party rights (including any intellectual property rights).
5. FRAUD AND IMPROPER CONDUCT
5.1. You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services. You agree that You will not in any way:
5.1.1. Interfere with the ability of others to use the Services;
5.1.2. Disrupt the normal flow of communication or otherwise act in a manner that adversely affects the other Users’ ability to use the Website or the Services;
5.1.3. Claim a relationship with or to speak for any individuals, business, association, institution, or other organization for which You are not authorized to claim such a relationship;
5.1.4. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
5.1.5. Upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses or other such code with malicious, disruptive and/or destructive features or is other unlawful;
5.1.6. Attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to You by the Website on or through the Service;
5.1.7. Attempt to gain unauthorized access to the account of any other User or entity, or otherwise interfere with any other User’s or entity’s use of the Services; and
5.1.8. Submit any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Services/ Website, including, without limitation, with respect to any identifying information for Your account. All information that You provide to the Website must be accurate and correct, as of date of submission of such information.
6.1. The Customer on placing an order on the Website shall be directed to a third party payment gateway operated by Cashfree (“PG”). The Customer can make payments through net-banking/debit cards/credit cards or any other payment method as provided by the PG.
6.2. The Customer agrees and accepts that all nuances and modalities relating to making payment using any of the above mentioned payment methods shall be separately governed by arrangement(s) / terms and conditions between the Customer and their relevant banks, and the terms and conditions of the PG. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the aforementioned payment modes including any fraudulent transactions.
6.3. While availing any of the payment method(s) available on the Website, We will not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction; or (c) decline of such transaction for any reason.
6.4. You understand, accept and agree that the PG is neither a banking nor financial service provided by the Website but is an independent service run by a third party. The PG is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website using the authorized banking infrastructure of the PG. Further, by providing a payment facility on the Website, Jaadooghar is neither acting as a trustee nor acting in a fiduciary capacity with respect to the payments made by the Customer against the purchase of Services on the Website. In an event where Jaadooghar does not receive payment from the Customer, even though the same may have been deducted from a Customer’s account, Jaadooghar shall not be responsible to provide services against such transaction.
6.5. The Website reserves the right to refuse to process any request for payment by a User with a prior history of questionable charges including without limitation, breach of any agreements by such User with Us, or breach/violation of any Applicable Law.
6.6. It is agreed and understood that the Users shall bear their own personal tax liabilities arising from payments made or any other engagement on the Website.
7. CANCELLATION AND REFUND POLICY
7.1. Jaadooghar is committed to a policy of freedom in travel, which is why we understand that something may cause you to cancel your reservation with us. Your cancellation options can always be found at Bookings >> My Account >> My Bookings. Just click or tap on the Booking that you wish to cancel and you’ll find your Cancellation Policy and Cancel Booking option there. The times and dates we display for cancellation are based on the local time zone of the listing and the time of your booking with us.
7.2. A table at this page will also keep you informed of what your refund will be based on the time of your cancellation. Depending on the date of your booking, your check-in date and the date of your cancellation, your refund amount will be calculated and displayed. Generally, if you cancel within 3 days of booking (including the date of booking), it is free cancellation minus the convenience fees. If you cancel after the said 3 days period, it is 50% refund minus the convenience fees, while if you cancel 3 days before check-in (excluding the date of check-in), then it is 10% refund minus the convenience fees. This general timeline gets affected if you make the booking close to the check-in date and cancel i.e. irrespective of the date of booking, if the cancellation is done within 3 days of check-in (excluding the date of check-in), only 10% refund (minus convenience fees) shall be issued. For exact cancellation periods and refund amount, please refer to “My Bookings” section of Your account on the Website. For Jaadooghar’s convenience fees is non-refundable for all stages of cancellation. Partial cancellations of number of rooms, number of days and number of persons will not be permitted.
7.3. Once you cancel your reservation with us, your refund amount will reflect in your bank account within 7 (Seven) working days.
8. LIMITATION AND DISCLAIMER OF WARRANTY
8.1. The Website, the Services and each portion thereof are provided as is without warranties of any kind, either express or implied. To the fullest extent permissible under Applicable Laws, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights of Users.
8.2. Jaadooghar does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Website or its Services. The content made available on the Website is for Your general information and use only. We reserve the right to change the information/content made available on the Website without issuing any prior notice to You.
8.3. Under no circumstances, including, but not limited to, negligence, shall Jaadooghar be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Website, the Services or any portion thereof, by any person, including employees and contracted personnel of Jaadooghar.
8.5. Jaadooghar does not guarantee that the Services it provides will function without interruption or errors. In particular, the operation of the Website may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in provision of the Services due to the above mentioned reasons, Jaadooghar shall inform the User of the same, and as such it disclaims all liability with respect to delay in provision of Services due to the same.
8.6. We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are on the Website.
8.7. Under no circumstances, shall Jaadooghar be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third party service providers (payment gateway service providers, property and experiences service providers and logistics service providers) engaged by Jaadooghar in processing and delivering the Services booked by the Customers on the Website.
13. GOVERNING LAW AND DISPUTE RESOLUTION
14. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and rules made thereunder, Jaadooghar has appointed an individual who shall address all queries of Users of the Website (“Grievance Officer”). The name and contact details of the Grievance Officer are as provided below:
Name: Divyangna Garg
Phone No: +91- 8850516804
E-mail Address: email@example.com
Postal Address: G-604, Godrej Central, Shell Colony Road, Sahakar Nagar, Chembur (E), Mumbai, Maharashtra 400071