Terms & Conditions

By registering with Carnival De Goa, you agree to the guidelines, terms and conditions set by Carnival De Goa. The Terms of Service document is extremely comprehensive and regards your interaction with Carnival De Goa as a Host or Guest. It covers issues like contracts, responsibilities and Carnival De Goa’ legal obligation to you.

Please read these terms of service carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, jurisdiction and venue of disputes.

Carnival De Goa provides an online platform that connects hosts who have accommodations with guests seeking to book such accommodations (collectively, the “Services”), which Services are accessible at www.carnivaldegoa.com and any other websites through which Carnival De Goa 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 constitute a binding legal agreement between you and Carnival De Goa. Please read carefully these Terms and our Privacy Policy, and which is incorporated by reference into these Terms. 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) and guests (defined below) May learn about and book such listings. You understand and agree that Carnival De Goa is not a party to any agreements entered into between hosts and guests, nor is Carnival De Goa a real estate broker, agent or insurer. Carnival De Goa has no control over the conduct of hosts, guests and other users of the site, application and services or any listings, and disclaims all liability in this regard.

Key Terms

“Carnival De Goa Content” means all Content that Carnival De Goa makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

“Collective Content” means Member Content and Carnival De Goa Content.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“Guest” means a Member who requests a booking of a Listing via the Site, Application or Services, or a Member who stays at a Listing and is not the Host for such Listing.

“Host” means a Member who creates a Listing via the Site, Application and Services.

“Listing” means an accommodation that is listed by a Host as available for booking via the Site, Application, and Services.

“Member” means a person who completes Carnival De Goa’ account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

“Tax” mean any sales taxes, service taxes, additional CESS or surcharge, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, or by participating in the featured program or in the referral scheme, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or collective content or to participate in the featured program or in the referral scheme.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Carnival De Goa reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties (“Listings”). Such Listings are included in Dashboard –> 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 a Listing or create a Listing, you must first register to create a SaffronStays Account (defined below).

As stated above, SaffronStays makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Listings. SaffronStays is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or accommodations and SaffronStays 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. SaffronStays’ responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host. Similarly, SaffronStays is not a contracting agent or representative of any Host. Instead, SaffronStays’ 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 intended to be used to facilitate the booking of listings. SaffronStays cannot and does not control the content contained in any listings and the condition, legality or suitability of any listings. SaffronStays is not responsible for and disclaims any and all liability related to any and all listings. Accordingly, any bookings will be made at the guest’s own risk.

Account Registration

In order to access certain features of the Site and Application, and to book or create a Listing, you must register to create an account (“SaffronStays Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your SaffronStays Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to SaffronStays through the Site, Services or Application; or (ii) allowing SaffronStays to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to SaffronStays and/or grant SaffronStays access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating SaffronStays to pay any fees or making SaffronStays subject to any usage limitations imposed by such third party service providers. By granting SaffronStays access to any Third Party Accounts, you understand that SaffronStays will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your SaffronStays Account and SaffronStays Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your SaffronStays Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or SaffronStays’ access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your SaffronStays Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.

Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. SaffronStays makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and SaffronStays is not responsible for any SNS Content.

We will create your SaffronStays Account and your SaffronStays Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active SaffronStays Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. SaffronStays reserves the right to suspend or terminate your SaffronStays Account and your access to the Site, Application and Services if you create more than one (1) SaffronStays Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your SaffronStays Account, whether or not you have authorized such activities or actions. You will immediately notify SaffronStays of any unauthorized use of your SaffronStays Account.

Listings

As a Member, you may create Listings. To this end, 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 Listing via the Site, Application and Services based upon the information provided by you. You understand and agree that once a Guest requests a booking of your Listing, the price for such booking may not be altered.

You acknowledge and agree that you are 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, 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 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 SaffronStays assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. SaffronStays reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that SaffronStays, 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.

You understand and agree that SaffronStays does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Listing and stays at your Listing, any agreement you enter into with such Guest is between you and the Guest and SaffronStays is not a party thereto. Notwithstanding the foregoing, SaffronStays serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Listing, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Listing. Any Member wishing to book a Listing with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, Application and Services.

If you are a Host, SaffronStays makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Listing. 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 Listing at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Listing, if applicable.)

SaffronStays recommends that Hosts obtain appropriate insurance for their Listings. Please review any insurance policy that you may have for your Listing 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 Listing, if applicable) while at your Listing.

No Endorsement

SaffronStays does not endorse any Members or any Listings. 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. This includes any Member or Listing that SaffronStays may from time to time, select under its Featured Listing/ Featured Host program. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.

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 SaffronStays 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. This limitation shall not apply to any claim by a Host against SaffronStays regarding the remittance of payments received from a Guest by SaffronStays on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Bookings and Financial Terms for Hosts

If you are a Host and a booking is requested for your Listing via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours or 72 hours for remote locations, of when the booking is requested (as determined by CarnivalDeGoa in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first name of the Guest who has requested the booking, (ii) a link to the Guest’s CarnivalDeGoa Account profile page, so that you can view such information before confirming or rejecting the booking. CarnivalDeGoa may also provide you the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS. If you are unable to confirm or decide to reject a booking of a Listing within such 24 hour period or 72 hour period, as may be applicable, any amounts collected by CarnivalDeGoa for the requested booking will be refunded to the applicable Guest’s credit/debit card and any pre-authorization of such credit/debit card will be released. When you confirm a booking requested by a Guest, CarnivalDeGoa will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

The fees displayed in each Listing are the Accommodation Fees (defined below) and the Guest Fees (defined below.) The Host may decide to charge a cleaning charge, at his discretion, called the “Cleaning charge”. Where applicable, Taxes may be charged in addition to the Accommodation Fees and Guest Fees. The Accommodation Fees, Cleaning charge, Guest 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 Listing are the “Accommodation Fees” and “Cleaning charge”. Please note that it is the Host and not CarnivalDeGoa which determines the Accommodation Fees and Cleaning charge.

CarnivalDeGoa charges a fee to Guests based upon a percentage of applicable Accommodation Fees and Cleaning charge which are the “Guest Fees”. The Guest Fees are added to the Accommodation Fees and Cleaning charge to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. CarnivalDeGoa will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking) and will initiate payment of the Accommodation Fees and Cleaning charges (less CarnivalDeGoa’ Host Fees (defined below)) to the Host within 24 hours of start of a reservation (except to the extent that a refund is due to the Guest).

Appointment of CarnivalDeGoa as Payment Agent for Host

Each Host hereby appoints CarnivalDeGoa as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to CarnivalDeGoa shall be considered the same as a payment made directly to the Host and the Host will make the Listing available to Guest in the agreed upon manner as if the Host has received the Accommodation Fees. Each Host agrees that, CarnivalDeGoa may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, CarnivalDeGoa assumes no liability for any acts or omissions of the Host.

Please note that CarnivalDeGoa does not currently charge fees for the creation of Listings. However, you acknowledge and agree that CarnivalDeGoa reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that CarnivalDeGoa will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Guests

The Hosts, not CarnivalDeGoa , are solely responsible for honoring any confirmed bookings and making available any Listings reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Listing, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Listing imposed by the Host. You acknowledge and agree that you, and not CarnivalDeGoa , will be responsible for performing the obligations of any such agreements, that CarnivalDeGoa is not a party to such agreements, and that, with the exception of its payment obligations hereunder, CarnivalDeGoa disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that CarnivalDeGoa is not a party to the agreement between you and the Host, CarnivalDeGoa acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to CarnivalDeGoa which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and CarnivalDeGoa is responsible for remitting such amounts, less CarnivalDeGoa’ Host Fees, to the Host. In the event that CarnivalDeGoa does not remit any such amounts to a Host, such Host will have recourse only against CarnivalDeGoa .

Listings will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours or 72 hours for remote locations, from when the booking is requested (as determined by CarnivalDeGoa in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by CarnivalDeGoa will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit/debit card will be released, if applicable.

You agree to pay CarnivalDeGoa for the Total Fees for any booking requested in connection with your CarnivalDeGoa Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that CarnivalDeGoa , on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit/debit card for the Total Fees or (ii) charge your credit/debit card a nominal amount, to verify your credit card. Once SaffronStays receives confirmation of your booking from the applicable Host, CarnivalDeGoa will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that CarnivalDeGoa cannot control any fees that may be charged to a Guest by his or her bank related to CarnivalDeGoa’ collection of the Total Fees, and SaffronStays disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit/debit card information either to CarnivalDeGoa or its third party payment processor. You agree to pay CarnivalDeGoa for any confirmed bookings made in connection with your SaffronStays Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by Zaakpay. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, either directly by CarnivalDeGoa or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. You also authorize CarnivalDeGoa to charge your credit/ debit card in the event of damage caused at a Listing as contemplated under “Damage to Listings” below and for Security Deposits, if applicable. If you are directed to CarnivalDeGoa’ third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

In some cases, the Host may choose to receive payment of Accommodation fee and Cleaning charges in cash at the time of arrival. Under this mode of payment, at the time of booking request, the applicable Accommodation fee, Cleaning charge and Guest fee, along with applicable taxes will be displayed to the Guest. The Guest agrees to make the payment of Guest fee at the time of booking confirmation and pay the Accommodation fee and Cleaning charges at the time of check-in at the Site itself in cash. Please note that SaffronStays does not undertake any liability to the Host on account of non-payment or cancellation or no-show by the Guest. CarnivalDeGoa is not responsible for administering or accepting any claims by Hosts or the Guests in this regard and disclaims any and all liability in this regard.

Security Deposits

Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required. If a Security Deposit is included in a Listing for a confirmed booking, the Host agrees to collect the Security Deposit at the time of check-in by the Guest. The Host undertakes to return/ refund such Security Deposit collected at the time of check-out, net of claims, if any. CarnivalDeGoa does not undertake to collect such Security Deposit from the Guest, on behalf of the Host and is not responsible for refund of such amounts back to the Guest, and disclaims any and all liability in this regard. CarnivalDeGoa is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

Service Fees

In consideration for providing the Services, CarnivalDeGoa collects service fees from Hosts and Guests (“Service Fees”). Service Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Accommodation Fees and Cleaning charges (“Host Fees”). Where applicable, Taxes may also be charged in addition to the Host Fees. Host Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Guest arrives at the applicable Listing. Guest Fees are, as noted above, included in the Total Fees.

Balances will be remitted by CarnivalDeGoa to Hosts via cheque, direct deposit or other payment methods described on the Site or via the Application, in Indian Rupees (“INR”), depending upon the selections the Host makes via the Site, Application and Services. Except as otherwise provided herein, Service Fees are non-refundable

General Booking and Financial Terms

Cancellations and Refunds

If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, CarnivalDeGoa will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Listing, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.

If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) SaffronStays will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from CarnivalDeGoa containing alternative Listings, on best effort basis from CarnivalDeGoa and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay CarnivalDeGoa the Total Fees relating to the confirmed booking for the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from CarnivalDeGoa , please contact CarnivalDeGoa at contact us .

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. CarnivalDeGoa 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.

Foreign Currency

As part of the Services, CarnivalDeGoa provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. The view of Total Fees would be determined at a conversion rate (the “Applicable Exchange Rate”). If you (as a Guest) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Host. You acknowledge that the Applicable Exchange Rate used for currency conversion processing for such view may not be identical to the applicable market rate in effect at the specific time such processing occurs because although CarnivalDeGoa updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis.

Damage to Listings

As a Guest, you are responsible for leaving the Listing 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 Listing. 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 and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your CarnivalDeGoa Account. CarnivalDeGoa also reserves the right to charge the credit card on file in your CarnivalDeGoa Account, or otherwise collect payment from you and pursue any avenues available to CarnivalDeGoa in this regard, including using Security Deposits, in situations in which you have been determined, in CarnivalDeGoa’ sole discretion, to have damaged any Listing, including, but not limited to, in relation to any payment requests made by Hosts under the CarnivalDeGoa Host Guarantee, and in relation to any payments made by CarnivalDeGoa to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Listing to the applicable Host or to CarnivalDeGoa (if applicable). The Host agrees that CarnivalDeGoa will on a best effort basis try to recover the cost of replacing damaged items from the Guest and that CarnivalDeGoa undertakes no further obligation to make good such damages to the Host. CarnivalDeGoa assumes no liability for any acts and omissions of the Guest.

Both Guests and Hosts agree to cooperate with and assist CarnivalDeGoa in good faith, and to provide CarnivalDeGoa with such information and take such actions as may be reasonably requested by CarnivalDeGoa, in connection with any complaints or claims made by Members relating to Listings or any personal or other property located at a Listing or with respect to any investigation undertaken by CarnivalDeGoa or a representative of CarnivalDeGoa regarding use or abuse of the Site, Application or the Services.

Featured Program

CarnivalDeGoa may, from time to time, select a few Hosts and their Listings, which would be displayed as ‘Featured’. A Host can submit his/ her entry for ‘Featured’ program if it meets the following criteria: (i) it is located in a strategic place; or (ii) it promises to provide an unique experience; and (iii) has great hosts who can provide warm and a homely experience. Only a registered Host is allowed to submit an entry by sending a mail to CarnivalDeGoa. Only those accommodations that are listed with SaffronStays are eligible for this program. By entering the Featured Program, the Host warrants that all information submitted by the Host in his entry is true, accurate and complete in every respect.

CarnivalDeGoa reserves the right to verify any information contained in any entry and/or the Host’s eligibility to enter this program. CarnivalDeGoa reserves the right in its absolute discretion to disqualify any entrant if it has reasonable grounds to believe that an entrant has breached any of the rules, any applicable law (including copyright law) or has otherwise infringed the intellectual property of any other person. Each Host entrant acknowledges and agrees that any failure to comply with the rules could lead to CarnivalDeGoa disqualifying that person, without CarnivalDeGoa giving any reason for such disqualification or granting any opportunity for challenge. All decisions of CarnivalDeGoa in any matter under this Featured Program shall be final and no discussion or correspondence will be entertained. CarnivalDeGoa reserves the right to amend these rules at any time at its sole and absolute discretion.

Hosts who have been selected to be ‘Featured’ will enjoy access to our professional photographers and our content team to write content for your Listings. Most importantly, a Featured Host Listing will be displayed at the top of search results and will also be displayed on the home page of CarnivalDeGoa. CarnivalDeGoa will change the home page ‘Featured’ Hosts and Listings from time to time, at its sole discretion.

Without limiting any other terms of these Terms and subject to applicable law, the Featured tag is forfeited if your CarnivalDeGoa Account is terminated or suspended for any reason, in CarnivalDeGoa’ sole discretion, or if CarnivalDeGoa discontinues providing the Site, Application, Services or the Featured Program.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
“stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an CarnivalDeGoa Guest or Host;
offer, as a Host, any Listing that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not create any Listing as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
offer, as a Host, any Listing that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
register for more than one CarnivalDeGoa Account or register for an CarnivalDeGoa Account on behalf of an individual other than yourself;
contact a Host for any purpose other than asking a question related to a booking, such Host’s Listings;
contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services;
when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to CarnivalDeGoa, without CarnivalDeGoa’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site, Application or Services;
use the Site, Application and Services to find a Host or Guest and then complete a booking of a Listing transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to CarnivalDeGoa’s provision of the Services;
as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, CarnivalDeGoa’s name, any CarnivalDeGoa trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CarnivalDeGoa’s express written consent;
access, tamper with, or use non-public areas of the Site or Application, CarnivalDeGoa’s computer systems, or the technical delivery systems of CarnivalDeGoa’s providers;
attempt to probe, scan, or test the vulnerability of any CarnivalDeGoa system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CarnivalDeGoa or any of CarnivalDeGoa’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

CarnivalDeGoa will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CarnivalDeGoa may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that CarnivalDeGoa has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CarnivalDeGoa reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CarnivalDeGoa, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy

See SaffronStays’ and for information and notices concerning CarnivalDeGoa’ collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of CarnivalDeGoa and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

SaffronStays Referral Scheme

CarnivalDeGoa may, from time to time, run a referral scheme As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, Application and Services, you may participate in the “Referral Scheme”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Scheme, for each friend you refer to SaffronStays for which a Qualifying Referral (defined below) is completed, you may be able to receive CarnivalDeGoa Travel Credits (defined below) (each a “Referral Reward”). “CarnivalDeGoa Travel Credits” are “points” that may be applied as credits toward future confirmed bookings made by Members via the Site, Application and Services.

In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your CarnivalDeGoa Account on the Site or Application and select either the “Invite Friends with Facebook” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by CarnivalDeGoa to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a CarnivalDeGoa Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of a Listing which is confirmed by the applicable Host or create a Listing which subsequently receives a confirmed booking via the Services with Total Fees of at least Rupees five thousand (INR 5000) that is not subsequently cancelled. Please note that you may not be the Host or the Guest for the booking to receive a Referral Reward.

Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your CarnivalDeGoa Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your CarnivalDeGoa Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your CarnivalDeGoa Account. Referral Rewards accrued in multiple CarnivalDeGoa Accounts may not be combined into one CarnivalDeGoa Account. You may not earn Referral Rewards by creating multiple CarnivalDeGoa Accounts. By acquiring Referral Rewards, you agree and acknowledge that CarnivalDeGoa is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their CarnivalDeGoa Accounts.

Specific Terms Regarding CarnivalDeGoa Travel Credits

CarnivalDeGoa Travel Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue CarnivalDeGoa Travel Credits, such CarnivalDeGoa Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services. You may only redeem CarnivalDeGoa Travel Credits after the CarnivalDeGoa Travel Credits are reflected in your CarnivalDeGoa Account. The scope, variety, and type of services and products that you may obtain by redeeming CarnivalDeGoa Travel Credits can change at any time.

CarnivalDeGoa Travel Credits expire one (1) year from the date that any CarnivalDeGoa Travel Credits are last accrued in your SaffronStays Account. CarnivalDeGoa will notify you at the email address you provided during Account registration within thirty (30) days of when the CarnivalDeGoa Travel Credits in your CarnivalDeGoa Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of CarnivalDeGoa Travel Credits, please contact us at CarnivalDeGoa.com . CarnivalDeGoa may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at CarnivalDeGoa’ sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of CarnivalDeGoa Travel Credits. Where applicable, CarnivalDeGoa may be required to account for VAT on any services for which the SaffronStays Travel Credits are redeemed.

Without limiting any other terms of these Terms and subject to applicable law, all CarnivalDeGoa Travel Credits are forfeited if your CarnivalDeGoa Account is terminated or suspended for any reason, in CarnivalDeGoa’ sole discretion, or if CarnivalDeGoa discontinues providing the Site, Application, Services or the Referral Scheme.

Application License

Subject to your compliance with these Terms, CarnivalDeGoa grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. SaffronStays reserves all rights in the Application not expressly granted to you by these Terms.

SaffronStays Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, CarnivalDeGoa grants you a limited, non-exclusive, non-transferable license, to (i) access and view any CarnivalDeGoa Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CarnivalDeGoa or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

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 CarnivalDeGoa 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 on, through, or by means of the Site, Application and Services. CarnivalDeGoa 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 SaffronStays 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 CarnivalDeGoa’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 CarnivalDeGoa 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 CarnivalDeGoa 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.

Some portions of the CarnivalDeGoa Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at google.com/intl/en_us/help/terms_maps.html.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Carnivaldegoa used herein are trademarks or registered trademarks of Carnivaldegoa. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We 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 userCarnivaldegoa.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Carnivaldegoa and you hereby irrevocably assign to Carnivaldegoa and agree to irrevocably assign to Carnivaldegoa 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 Carnivaldegoa’ request and expense, you will execute documents and take such further acts as Carnivaldegoa may reasonably request to assistCarnivaldegoa to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Trademark, Copyright and Restriction

This site is controlled and operated by Carnivaldegoa. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of Carnivaldegoa, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is Carnivaldegoa’ policy to terminate in appropriate circumstances the Carnivaldegoa Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination and Carnivaldegoa Account 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 Site, Application and Services, and (b) deactivate or cancel your Carnivaldegoa Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you at our discretion, which we are legally obligated to pay you. In the event Carnivaldegoa terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Carnivaldegoa Account you will remain liable for all amounts due hereunder. You may cancel your Carnivaldegoa Account at any time via the “Permanently delete my account” feature of the Services. Please note that if your Carnivaldegoa 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

If you choose to use the site, application, services and participate in the ‘featured’ program, or referral scheme you do so at your sole risk. You acknowledge and agree that Carnivaldegoa does not have an obligation to conduct background checks on any member, including, but not limited to, guests and hosts, but May conduct such background checks in its sole discretion. The site, application, services, collective content and featured program and referral scheme are provided ” As is”, Without warranty of any kind, either express or implied. Without limiting the foregoing, Carnivaldegoa explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Carnivaldegoa makes no warranty that the site, application, services, collective content, including, but not limited to, the listings, or the ‘featured’ program or referral scheme will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Carnivaldegoa makes no warranty regarding the quality of any listings, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application, services. No advice or information, whether oral or written, obtained from Carnivaldegoa or through the site, application, services or collective content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any hosts or guests. You understand that Carnivaldegoa does not make undertake to verify the statements of users of the site, application or services or to review or visit any listings. Carnivaldegoa makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, guests and hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Carnivaldegoa. Notwithstanding Carnivaldegoa’ appointment as the limited agent of the hosts for the purpose of accepting payments from guests on behalf of the hosts, Carnivaldegoa explicitly disclaims all liability for any act or omission of any guest or other third party.

Payment Gateway Terms – Please Note: We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your listing or booking of any listings via the site, application and services, your participation in the featured program or referral scheme, and any contact you have with other users of Carnivaldegoa whether in person or online remains with you. Neither Carnivaldegoa nor any other party involved in creating, producing, or delivering the site, application, services, collective content or the featured program or the referral scheme will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, or your participation in the featured program or the referral scheme or from your listing or booking of any listing via the site, application and services, whether based on warranty, contract, tort (including negligence) , product liability or any other legal theory, and whether or not Carnivaldegoa has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Except for our obligations to pay amounts to applicable hosts pursuant to these terms, in no event will Carnivaldegoa’ aggregate liability arising out of or in connection with these terms and your use of the site, application and services including, but not limited to, from your listing or booking of any listing via the site, application and services, or from the use of or inability to use the site, application, services, or collective content or your participation in the featured program or in the referral scheme and in connection with any listing or interactions with any other members, exceed the amounts you have paid or owe for bookings via the site, application and services as a guest in the six (6) month period prior to the event giving rise to the liability, or if you are a host, the amounts paid by Carnivaldegoa to you in the six (6) month period prior to the event giving rise to the liability, or rupees five thousand (Rs. 5000/-) , if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Carnivaldegoa and you.

Indemnification

You agree to release, defend, indemnify, and hold CarnivalDeGoa and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Listing, (iii) creation of a Listing or (iv) the use, condition or booking of a Listing by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Listing and (d) your participation in the Featured Program and/or Referral Scheme.

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 behavior, (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 Carnivaldegoa by contacting us with your police station and report number at Carnivaldegoa.com 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 Carnivaldegoa and you regarding the Site, Application, Services, Collective Content, Featured Program, Referral Scheme, and any bookings or Listings made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Carnivaldegoa and you regarding bookings or listings, the Site, Application, Services, Collective Content, Referral Scheme and Featured Program.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Carnivaldegoa’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect .Carnivaldegoa may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and ensure the benefit of the parties, their successors and permitted assigns.

Notices

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

Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Service Tax, Local Levies and the rules made there under), Income Tax Act, 1961 and the rules made there under.

These Terms will be interpreted in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai 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 Carnivaldegoa 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 Site 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 Carnivaldegoa 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 Carnivaldegoa 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.

General

The failure of SaffronStays 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 carnivaldegoa. 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.

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