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Monarch Stays aims at providing an authentic travel experience with its private vacation homes. This experience can truly be memorable for you and your friends if you successfully follow these responsible guest guidelines. These are just some guidelines which will ensure you have an amazing experience.
Terms of service.
By registering with Monarch Stays , you agree to the guidelines, terms and conditions set by Monarch Stays . The Terms of Service document is extremely comprehensive and regards your interaction with Monarch Stays as a Host or Guest. It covers issues like contracts, responsibilities and Monarch Stays ’ 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.
Monarch Stays (hereafter referred to 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 Monarch Stays and any other websites through which Monarch Stays 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 Monarch Stays . 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 Monarch Stays is not a party to any agreements entered into between hosts and guests, nor is Monarch Stays a real estate broker, agent or insurer. Monarch Stays 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.
Modification
Monarch Stays 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.
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 Monarch Stays assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. Monarch Stays reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Monarch Stays , 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 Monarch Stays 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 Monarch Stays is not a party thereto. Notwithstanding the foregoing, Monarch Stays 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, Monarch Stays 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.)
Monarch Stays 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.
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 Monarch Stays 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 Monarch Stays Account profile page, so that you can view such information before confirming or rejecting the booking. Monarch Stays 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 Monarch Stays 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, Monarch Stays 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 Monarch Stays which determines the Accommodation Fees and Cleaning charge.
Monarch Stays 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. Monarch Stays 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 Monarch Stays ‘ 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 Monarch Stays as Payment Agent for Host
Each Host hereby appoints Monarch Stays 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 Monarch Stays 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, Monarch Stays 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, Monarch Stays
assumes no liability for any acts or omissions of the Host.
Please note that Monarch Stays does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Monarch Stays reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Monarch Stays 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 Monarch Stays , 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 Monarch Stays , will be responsible for performing the obligations of any such agreements, that Monarch Stays is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Monarch Stays disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Monarch Stays is not a party to the agreement between you and the Host, Monarch Stays 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 Monarch Stays which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and Monarch Stays is responsible for remitting such amounts, less Monarch Stays ‘ Host Fees, to the Host. In the event that Monarch Stays does not remit any such amounts to a Host, such Host will have recourse only against Monarch Stays .
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 Monarch Stays 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 Monarch Stays 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 Monarch Stays for the Total Fees for any booking requested in connection with your Monarch Stays 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 Monarch Stays , 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 Monarch Stays receives confirmation of your booking from the applicable Host, Monarch Stays 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 Monarch Stays cannot control any fees that may be charged to a Guest by his or her bank related to Monarch Stays ‘ collection of the Total Fees, and Monarch Stays 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 Monarch Stays or its third party payment processor. You agree to pay Monarch Stays for any confirmed bookings made in connection with your Monarch Stays 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 Monarch Stays 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 Monarch Stays 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 Monarch Stays ‘ 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 Monarch Stays does not undertake any liability to the Host on account of non-payment or cancellation or no-show by the Guest. Monarch Stays 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.
Payment policy
Guests have to make a minimum of 50% at the time of booking and 100% payment should be made 7 days prior to the check-in date to confirm the booking.
If the booking is made within 7 days of check in date, 100% payment is required for confirming the booking.
Service Fees
In consideration for providing the Services, Monarch Stays 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 Monarch Stays 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
In case a Guest has booked he/ she is entitled to a 12 hours FREE Cancellation policy from time of booking. Refunds into your bank accounts usually take 5-7 working days. This does not apply to a booking where the Check-in date is 7 days from the date of confirmation of booking
A Guest is entitled to a refund of 100% if he/she cancels the confirmed booking upto 7 days before the Date of Check-In .
If the Guest cancels within 7 days of the Date of Check-In, he/she is entitled to no refund.
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Monarch Stays 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) Monarch Stays 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 Monarch Stays containing alternative Listings, on best effort basis from Monarch Stays 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 Monarch Stays 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 Monarch Stays , please contact Monarch Stays at contact us .
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 Monarch Stays Account. Monarch Stays also reserves the right to charge the credit card on file in your Monarch Stays Account, or otherwise collect payment from you and pursue any avenues available to Monarch Stays in this regard, including using Security Deposits, in situations in which you have been determined, in Monarch Stays ‘ sole discretion, to have damaged any Listing, including, but not limited to, in relation to any payment requests made by Hosts under the Monarch Stays Host Guarantee, and in relation to any payments made by Monarch Stays 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 Monarch Stays (if applicable). The Host agrees that Monarch Stays will on a best effort basis try to recover the cost of replacing damaged items from the Guest and that Monarch Stays undertakes no further obligation to make good such damages to the Host. Monarch Stays assumes no liability for any acts and omissions of the Guest.
Both Guests and Hosts agree to cooperate with and assist Monarch Stays in good faith, and to provide Monarch Stays with such information and take such actions as may be reasonably requested by Monarch Stays , 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 Monarch Stays or a representative of Monarch Stays regarding use or abuse of the Site, Application or the Services.
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 Monarch Stays 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 Monarch Stays Account or register for an Monarch Stays 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 Monarch Stays , without Monarch Stays’sprior 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 Monarch Stays’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, Monarch Stays name, any Monarch Stays trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Monarch Stays express written consent;
access, tamper with, or use non-public areas of the Site or Application, Monarch Stays ‘s computer systems, or the technical delivery systems of Monarch Stays ‘s providers;
attempt to probe, scan, or test the vulnerability of any Monarch Stays system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Monarch Stays or any of Monarch Stays s’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.
Monarch Stays will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Monarch Stays may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Monarch Stays 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. Monarch Stays reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Monarch Stays , 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 Monarch Stays ‘ Privacy Policy and for information and notices concerning Monarch Stays ‘ 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 Monarch Stays 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.
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 user@www. themonarchstays.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Monarch Stays and you hereby irrevocably assign to Monarch Stays and agree to irrevocably assign to Monarch Stays 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 Monarch Stays ‘ request and expense, you will execute documents and take such further acts as Monarch Stays may reasonably request to assist Monarch Stays 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 Monarch Stays . 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 Monarch Stays , 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 Monarch Stays ‘ policy to terminate in appropriate circumstances the Monarch Stays Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and Monarch Stays 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 Monarch Stays 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 Monarch Stays terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Monarch Stays Account you will remain liable for all amounts due hereunder. You may cancel your Monarch Stays Account at any time via the “Permanently delete my account” feature of the Services. Please note that if your Monarch Stays 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 Monarch Stays 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, Monarch Stays 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. Monarch Stays 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. Monarch Stays 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 Monarch Stays 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 Monarch Stays does not make undertake to verify the statements of users of the site, application or services or to review or visit any listings. Monarch Stays 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 Monarch Stays . Notwithstanding Monarch Stays ‘ appointment as the limited agent of the hosts for the purpose of accepting payments from guests on behalf of the hosts, Monarch Stays 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 Monarch Stays whether in person or online remains with you. Neither Monarch Stays 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 Monarch Stays 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 Monarch Stays ‘ 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 Monarch Stays 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 Monarch Stays and you.
Indemnification
You agree to release, defend, indemnify, and hold Monarch Stays 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 Monarch Stays by contacting us with your police station and report number at user@www. themonarchstays.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 Monarch Stays 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 Monarch Stays 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 Monarch Stays ‘ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Monarch Stays 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 Monarch Stays (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 Monarch Stays 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 Monarch Stays 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 Monarch Stays 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 Monarch Stays 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 Monarch Stays . 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.
Contacting Monarch Stays
If you have any questions about these Terms, please contact Monarch Stays at user@www. themonarchstays.com
