Terms and Conditions

TERMS & CONDITIONS

Please read these terms and conditions (“Terms”) carefully before using https://www.pickrightstay.com or any other associated and related websites or mobile site and mobile applications (“Application”) (collectively, “Pickrightstay Website/Websites“) of ­­­­­­­ ­­­­­­­­Pick Right Stay LLP, having its registered office at 134, Qutab Plaza, DLF Phase 1, Gurgaon, Haryana 122002 India (“Pickrightstay “/ “Company”) having LLP Identification Number AAX-0575. By using any Pick Right Stay Websites, the guest users or registered users of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “User/s“) signify their agreement to be bound by these Terms (“Agreement”).

No information provided on this site shall be considered a substitute for Your independent investigation. These Terms are collectively an electronic record for the purpose of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder. These Terms do not require any digital or electronic signature.

You must not modify the paper or digital copies of any materials You have printed, or downloaded from, the Pickrightstay Websites in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

By using Pickrightstay Websites, You confirm that You accept these Terms and that You agree to comply with them. If You do not agree to these below mentioned Terms, You must not access this site, or access Pickrightstay Websites or any of the Services.

WHO ARE WE AND WHAT DO WE DO?

Pickrightstay is engaged, inter alia, in the business of providing apartment rental services along with other allied services in relation to home management services through its website and mobile application (“Service/s”) in respect of which it charges tariff  (including fees, call charges/tariffs, deposits, rentals and interconnection costs and includes any other incidental charges relating thereto), which may vary from time to time for providing the Service/s to the Users and shall include all Government levies present and future (“Charges”).

CONTRACT

Pickrightstay will give You an offer to access the Services after carrying out an agreement with You, which shall only be effective if and when You sign the Company’s exclusive contract (“Exclusive Contract”). The contract will be subject to such terms and conditions as agreed between the Company and You.

CONFLICT

If there is any conflict:

  • Between the Privacy Policy and any other agreement, the Privacy Policy shall take precedence but only to the extent of the conflict.
  • Between the specific Exclusive Contract and any part of these Terms, the Exclusive Contract shall take precedence but only to the extent of the conflict.
  • Between these Terms and any other notices, disclaimers or guidelines appearing on the Pickrightstay Website, these Terms shall take precedence but only to the extent of the conflict
  • GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Pickrightstay as a result of these Terms. Pickrightstay’s performance of this Agreement is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of Pickrightstay’s right to comply with the governmental, court and other applicable laws.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law (including, but not limited to, the warranty disclaimers and liability limitations set forth herein), then such invalid or un-enforceable provision shall be superseded by a provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

You may access and use the Pickrightstay Website and the Services either as a registered User or as a guest User. However, not all sections of the Pickrightstay Websites and Services will be accessible to guest Users.

LIMITATION OF LIABILITY

  • Pickrightstay does not guarantee uninterrupted or fault-free working of the Pickrightstay Websites or the Service/s and shall not be liable to the User or to any user or other person for monetary and bodily damages and injuries resulting from operation of the Service/s arising due to any events (including but not limited to fire, explosion, war, riots, strikes, lockout, picketing, boycotts, acts of government authorities, act of God, operations of other allied service providers).
  • Pickrightstay makes no representation or warranty other than those specifically set forth herein and disclaims all warranties, express or implied.
  • Pickrightstay shall not be liable to the User for any loss, costs or damage whatsoever or howsoever caused, arising directly or indirectly in connection with the Service/s.
  • Pickrightstay expressly excludes liability for itself, its directors and its employees for any direct or indirect consequential loss, damage, economic or otherwise, including loss of profits and loss of reputation even if advised of the possibility thereof including any liability for libel and/or slander arising out of a message or content received or sent by User via the Pickrightstay
  • Pickrightstay may at its discretion, send to the User via User’s various information for the User using electronic media or otherwise.
  • In the event that any exclusion contained herein shall be held to be invalid for any reason, and Pickrightstay becomes liable for loss or damage that it may otherwise not have been liable for, such liability shall be limited to refund of any deposits furnished by the User after adjusting the charges due by User.
  • YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
  • REGISTERED USERS

 Pickrightstay makes certain sections of the Services available to You through the Pickrightstay Websites only if You have provided Pickrightstay certain required user information and have created an account and have a Pickrightstay account through certain log-in Mobile number and password (“Account“). Your Account will be created on the Pickrightstay Website as provided above are individually and collectively referred to the “Account Information“. In the event that You register as a User by having an Account in order to avail the Services provided by the Pickrightstay Websites, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur through Your account. You agree to (a) immediately notify Pickrightstay of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Pickrightstay cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Pickrightstay or any other User of or visitor to the Pickrightstay Websites due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by You in the Website’s registration form is true, correct, complete, accurate and up-to-date. Use of another User’s Account Information for availing the Services is expressly prohibited.

If You provide any information that is not correct, true, inaccurate, not current or incomplete (or becomes not true, inaccurate, not current or incomplete), or Pickrightstay identifies and/or has reasonable grounds to suspect that such information is not true, inaccurate, not current or incomplete, Pickrightstay has the right to suspend or terminate Your account and refuse any and all current or future use of the Pickrightstay Website/ Services (or any portion thereof).

GUEST USERS: 

The Pickrightstay Website also allows limited access to the unregistered Users (also called ‘Guest User’s). Such Users will be able to browse the Website for the purpose of such limited access. However, You will not be provided the access to benefits reserved only for the purpose of Registered Users. These benefits may change from time to time at the sole discretion of Pickrightstay without any prior notice.

LINKS TO THIRD PARTY WEBSITES

Pickrightstay Websites may contain links to other websites (“Linked Sites“). Linked Sites are not under Pickrightstay’s control and Pickrightstay will not be responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pickrightstay is not responsible for any form of transmission received from any Linked Site. Pickrightstay may provide these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Pickrightstay of the Linked Site or any association with its operators. Always use caution when giving out any personally identifiable information about Yourself or Your children in any communication service.

INFORMATION COLLECTED BY US

These Terms apply to all information submitted or collected on the Pickrightstay Websites. The types of personal information collected by Pickrightstay Websites include (but is not limited to):

  • Name
  • Address
  • Email Address
  • Phone No.
  • Mobile No.
  • SERVICE CONDITIONS:
  • The accessibility and quality of the Services may be affected by factors outside Pickrightstay control including but not limited to physical obstructions, availability or performance of Pickrightstay Websites, geographic conditions, weather conditions and other causes of radio interference, non-availability of power or obstructions in other networks to which the Pickrightstay Website is connected to, non-receipt or delay in receipt of proper bandwidth or range.
  • If the Pickrightstay Websites are under maintenance or require modifications, the Services may be suspended in whole or in part at any time, without notice, Pickrightstay will make all reasonable efforts to minimize the frequency and duration of such events.
  • Pickrightstay retains the sole discretion and right to revise all fees, call charges/tariffs, deposits, rentals and interconnection costs and includes any other incidental charges relating thereto chargeable by Pickrightstay from time to time for providing the Service/s to the Users and shall include all Government levies present and future) at any time on reasonable notice to the User, delivered in such manner as Pickrightstay deems fit.
  • Pickrightstay Obligation to provide the Service/s, shall always be subject to verification of the User’s credentials as assessed or perceived by Pickrightstay and documents and if at any time, any information and/or documents furnished by the User is/are found incorrect or incomplete or suspicious, Pickrightstay shall be entitled to suspend/terminate the Service/s forthwith without any notice.
  • Pickrightstay reserves the right to apply a credit limit and specify other conditions of charges from time to time for registered Users and to demand interim or advance payment of deposit / additional deposit, and to suspend / disconnect access of Service/s if such limits are exceeded or such conditions are violated.
  • The right to modify the bill cycle for the Charges from time to time for registered Users lies with Pickrightstay.
  • Pickrightstay shall have the right to initiate appropriate legal proceedings in case of breach of any of these Terms by the User (including non-payment of Charges applicable for registered Users).
  • Pickrightstay sometimes grants concession, waiver, or extra time to the Users but only under specific circumstances, hence the same shall not affect Pickrightstay’s rights hereunder.
  • Pickrightstay may, without any notice, refuse, curtail, modify, suspend, disconnect or terminate the Service/s in whole or in part at any time without assigning any reason whatsoever.
  • To the extent permitted under the applicable law, Pickrightstay shall be entitled to designate a third party for discharging Pickrightstay ‘sobligations (or any of them) and/or for exercising Pickrightstay’s rights (or any of them) arising hereunder. Pickrightstay shall also be entitled to assign its rights and/or obligations hereunder (or any of them) to such third party at any time without being liable to obtain any consent from or to give any notice to the User.
  • It is at the sole discretion of Pickrightstay to have the right to amend or/and add to these Terms from time to time without providing any notice to the User. Pickrightstay will display the latest Terms on the Pickrightstay Websites.
  • Pickrightstay shall be have the right adjust/set off deposits/payments made by registered User and or any amount payable/refundable by Pickrightstay to User against any Charges, towards Pickrightstay, which are payable by the User to Pickrightstay for the Services or on any other account whatsoever.
  • Assignment of credit limit is at the sole discretion of Pickrightstay and such limit is communicated to the registered Users periodically. It may be noted that the credit limit assigned is purely indicative of the credit exposure that Pickrightstay is willing to allow. Any registered User shall always pay all Charges including usage in full, even where such value exceeds the given credit limit.
  • The discretion to retrieve the assets and electronic equipment which are installed and deployed by Pickrightstay to provide Services to the Users is reserved with Pickrightstay, in the event of disconnection of Services by Pickrightstay due to the breach of any Terms on part of the User, as contained herein or if the User chooses to discontinue the Services of Pickrightstay due to any reason whatsoever. In such case, the User shall be liable to pay the cost of equipment.
  • Act of God, fire, riots, strike, lock out, war, acts of terrorism, armed rebellion, civil commotion or passing and issuance of a new law or any other factor beyond the control of Pickrightstay makes delivering Services impossible. Pickrightstay in such situations reserves the right to terminate the Service by giving 7 day’s notice to the registered User for whatsoever reason but not limited.
  • SUSPENSION/DISCONNECTION/TERMINATION:

Notwithstanding anything contained herein, Pickrightstay shall be entitled to suspend/ terminate the Service/s (whether temporarily or permanently) to recover all outstanding and dues from the registered User, without prejudice to, and in addition to any right or remedy available to Pickrightstay under any applicable law, if:

  1. The license is suspended/terminated temporarily or otherwise;
  2. At any time the registered User fails to satisfy the requisite credit checks or provides incorrect or misleading information;
  • Registered User fails to pay Charges due on or before the due date/s.
  1. Registered User is in breach of any other provision of these Terms or is declared insolvent/bankrupt/ liquidated/dis- solved or a trustee or receiver is appointed to take over the assets of the registered User;

Pickrightstay shall have the right to provide reconnection of Service/s at the sole discretion of Pickrightstay and fulfillment of other conditions as specified. Registered User shall remain liable for the Charges during the period of suspension of Services.

SEVERABILITY & JURISDICTION:

If any of these terms and conditions are being held to be invalid, illegal or unenforceable such provision shall stand severed from the other provisions hereof and the same shall not in any manner affect or impair any other provisions hereof those. This Agreement is governed by the laws of India and any disputes, shall be subject to the exclusive jurisdiction of the court/s of Delhi.

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