Terms and Conditions
This website, www.goflatmates.com, (hereinafter referred to as "Goflatmates") is owned, hosted and operated by Ivypods Technology Pvt. Ltd. (hereinafter referred to as "Ivypods"), a company incorporated in India under the Companies Act, 1956 and having its registered office at A1303, Bestech Park View Spa, Sector 47, Gurgaon 122001. These terms and conditions regulating use of these Services constitute a legally binding agreement between Goflatmates and the User (the "Agreement").
Terms and Conditions
Goflatmates and/or any other website(s) linked to this website is an online information and property booking service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING GOFLATMATES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE GOFLATMATES.
Ivypods may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Goflatmates. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Goflatmates, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Ivypods may also suspend the operation of Goflatmates for support or technical upgradation, maintenance work, in order to update the content or for any other reason. If you utilize Goflatmates in a manner inconsistent with these terms and conditions, Ivypods may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of Goflatmates (whether on a paid or free basis), and to whom the access to Goflatmates is restricted by the use of a sign in directly on the website or using Gmail login or Facebook login. The user name and password are allocated to the Subscriber or agreed upon by Goflatmates. It is made abundantly clear that only the authorised User has the right to access the Services so offered by Goflatmates.
The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Goflatmates, without the need or a requirement to create an account i.e. visits non-restricted portions of Goflatmates.
The use and access to Goflatmates shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an 'unauthorised user' and will nevertheless be subject to the terms and conditions regulating the usage of Goflatmates, and expressly so with respect to respecting the intellectual property rights of the Ivypods, and abiding by terms and conditions below mentioned.
The terms 'User' and 'Customer' would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)
The terms 'Service' or 'Services' would mean to include the interactive online information service offered by Goflatmates on the internet through which the user may access information carried by Goflatmates in the database maintained by it. The terms would also include to mean the online booking service offered by Goflatmates through which the User can make online booking of properties / rooms offered by other Users. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for listings and advertisements. Users then select one or more of the items presented to view the full document/ record.
The terms 'Booking' would mean the initial token payment paid by the User to be finally transferred to the property Owners, Managers or their representative (‘Owner’).
SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS
Any User agrees not to submit, any user information, profile photographs, personal details which are inaccurate, malicious, misleading or something they are not authorised to share. Any User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to Goflatmates unless the User submitting such a Listing/Advertisement has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User's website or on Goflatmates. Similarly, Goflatmates makes a reasonable effort to ensure that the information provided on its platform is accurate and in certain cases, which are clearly highlighted, it does verify the details listed. However, it doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to listings hosted on its website by its customers. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, Ivypods may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. Ivypods may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, Ivypods may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. Ivypods will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions . Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User's website or the Goflatmates website. Ivypods shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Goflatmates and Ivypods shall have the right to modify personal / property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned, the User agrees to represent and warrant that all Personal / Properties and associated information provided by the User will be accurate; Ivypods shall place the information relating to properties at defined sections of Goflatmates or such other mirror or parallel site(s). Ivypods reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User's website or on Goflatmates without notice. Ivypods accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While Ivypods shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to Goflatmates. Users, who are renting property/properties through Goflatmates, must verify details the property/properties/people as well as its right, title, ownership, lien etc. on their own. Goflatmates will make reasonable efforts to ensure that these details are accurate and complete.
Booking of Properties
Goflatmates also offers the service through which the User who seeks to rent a property / room can make online booking of properties / rooms offered by other Users who are property Owners. Goflatmates acts as an online booking platform (a marketplace) through which Users can find other Users who are interested to rent their property and Book their properties online.
The payment made on Goflatmates to Book the property is transferred to the Owner as a confirmation of the booking. However, Goflatmates may delay the transfer to ensure its ability to follow through on its Refund and Cancellation policies.
Refund and Cancellation Policy
Goflatmates is focused on complete customer satisfaction. In the event, the Customer is not satisfied with their Booking, they have a right to seek Cancellation and Refund of their payment based on the following Policy.
A Customer who has made a Booking, can cancel the Booking before the ‘Move-in Date’ or within a period of 0 to 7 days from the date of the payment (as is explicitly mentioned in the ‘Cancellation Terms’ of each listing), whichever is earlier.
The cancellation can be done by initiating cancellation on Goflatmates platform or by emailing the same to firstname.lastname@example.org with details of the Booking.
Goflatmates will Refund 100% Booking amount if the Cancellation is done before the due date as per the Cancellation policy. However, No refund will be made after the due date as the Booking amount will be transferred to the Property Owner.
The Refund will be issued to the original mode to payment at the time of booking (Credit card, UPI, e-Wallet, Netbanking etc.) unless an alternative payment mode is requested in writing. Goflatmates will try its best to accommodate such requests but can’t guarantee compliance.
USE OF INFORMATION
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to Goflatmates. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Goflatmates. Goflatmates does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trade marks and Service marks ("Marks") appearing in Goflatmates are the properties either owned or used under license by Ivypods and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Ivypods / its associates. The access to Goflatmates does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India. Ivypods respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Ivypods shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using Goflatmates as a platform to infringe the Intellectual Property Rights of others, Ivypods will be free to terminate this Agreement forthwith without any notice to the user. By allowing Users to access Goflatmates, Ivypods grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.
You hereby expressly agree not to:
- (a) Utilise the Services offered by Goflatmates in any manner so as to impair the interests and functioning of Ivypods / Goflatmates and which is non-compliant with laws and regulations.
- (b) Access data not intended for you or log into server or account that you are not authorized to access;
- (c) Attempt to probe, scan or test the vulnerability of a system or network;
- (d) Attempt or breach security or authentication measures without proper authorization;
- (e) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Goflatmates, overloading, Flooding, mail bombing or crashing;
- (f) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Goflatmates except as permitted;
- (g) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on Goflatmates to any other system. No reproduction of any part of Goflatmates may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Goflatmates, whether in hard copy or electronic format, including postings to any other Goflatmates; or
- (h) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Goflatmates or link to Goflatmates, without our express written consent. (i) The user shall not utilise the Services offered by Goflatmates in any manner so as to impair the interests and functioning of Ivypods/Goflatmates. The user undertakes not to duplicate, download publish, modify and distribute material on Goflatmates.com unless specifically authorised by Ivypods in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Goflatmates other than the Home Page without obtaining prior consent of Ivypods. Ivypods strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
- (j) users undertake that the Services offered by Goflatmates shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. Ivypods is not obligated to but reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by Ivypods to relay emails. All attempts shall be made by Ivypods and the user to abide by International Best Practices in containing and eliminating Spam.
The User / subscriber / visitor to Goflatmates or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
Goflatmates may provide links to other third-party World Wide Web sites or resources. Ivypods makes no representations whatsoever about any other Web site you may access through Goflatmates.
DISCLAIMER AND WARRANTIES
Goflatmates is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. THE CONTENT OF Goflatmates IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Ivypods AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF Goflatmates. Views expressed by the Users are their own, Ivypods does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. Ivypods does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected. Ivypods offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to Ivypods/Goflatmates are solely for the purposes of display of the property advertised. No information contained herein shall constitute an invitation or an offer to invest in Ivypods or any of its Affiliates. Further, nothing contained in Goflatmates should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Ivypods makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Goflatmates is controlled and operated from India and Ivypods makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use Goflatmates from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties. Ivypods offers products, Services, content and various other functionalities through Goflatmates and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. Ivypods does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on Goflatmates may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that Ivypods intends to announce, launch or provide such products, programs or Services in your country.
LIMITATION OF LIABILITY
Ivypods will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Goflatmates, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages. Ivypods assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of User's data/information. Ivypods shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website. Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of Ivypods (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon Ivypods.
Ivypods may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Goflatmates (or any part thereof) for any reason, including, without limitation, that Ivypods based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.
Submissions and unauthorized use of any information(s)/materials contained on Goflatmates may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. You agree to defend, indemnify, and hold harmless, Ivypods and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Goflatmates material or your breach of these terms and conditions or any applicable law. Ivypods will not be party to any legal proceedings between parties contracted through these Services. In case Ivypods is sought to implicated in any legal proceedings, costs will be recovered from the party that names Ivypods as a party to such proceedings. Ivypods shall abide with any court order served on it through due process.
Connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Ivypods. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Gurgaon. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and Ivypods governs your use of Goflatmates. If any provision of these Goflatmates terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.
The failure of Ivypods to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
By accessing Goflatmates you agree that the laws prevailing in India shall be the governing laws in all matters relating to Goflatmates as well as these terms and conditions.
Courts at Gurgaon, India alone shall have the exclusive jurisdiction in all matters relating to Goflatmates and these terms and conditions, irrespective of the territory and jurisdiction of your access to Goflatmates. Ivypods does not routinely monitor your postings to the web site but reserves the right to do so. However, if Ivypods becomes aware of an inappropriate use of Goflatmates or any of its Services, Ivypods will respond in any way that, in its sole discretion, Ivypods deems appropriate. You acknowledge that Ivypods will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Ivypods will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. Ivypods reserves all other rights.