Terms Of Use
Last updated on 22nd June 2016 In the following document, SimplyMoveIn Technologies Private Limited, hereinafter is referred to as “SMI”, has provided the Terms Of Use, hereinafter referred as “TOU”, for the usage is its website and properties by the Users. Hereinafter “User/s” shall mean any legitimate person who is viewing/browsing the SMI website and/or has agreed to avail the services provided through the SMI website by providing the required information while registering on the SMI website. The services provided by SMI to User/s is subjected to the following TOU. SMI reserves the right to change the TOU as required without notice to the User/s. Acceptance of TOU By using the SMI Website, Application or Services, User/s agree to comply with and legally bound by the terms and conditions of this TOU, whether or not one become registered user of the services by SMI. By using the Site, Application or Services, 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. In addition, there are certain areas / properties / services which may have different Terms & conditions, standards, guidelines or policies. They may also require user/s to accept additional terms and conditions accordingly. There are also third party services and properties on the website, which may again require User to accept separate terms and conditions. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties. Scope of Services SMI website provides User/s access the website for the purpose of rent / lease, posting user requirements related to housing / property renting / rent agreements, collecting monthly rents etc. There are additional services provided by third party on the website. The website, application and services consists of an online platform through which verified property owners list their property and User/s learn about and book accommodations. You understand and agree that SMI is not a party to any agreements entered between property owners and guests for which details are not present on the SMI website. SMI website is not a real estate broker, agent or an insurer. SMI has no control over the conduct of property owners and User/s and SMI declaims all liability in this regard to the maximum extent permitted by the law. Eligibility User/s must be at least 18 years of age to use the Service offered by SMI. If User/s are below 18 years of age, he / she is strictly prohibited from registering on SMI Website or doing any act, which leads SMI to believe that User/s are 18 years of age or above. Application for Service In order to use the service, User/s must be registered on the website. SMI requires following details:
  • Full Name
  • Email Address
  • Phone Number
  • Gender
  • Date of Birth
  • Postal Address
  • Job Role and occupation
  • Domain/website name
SMI requires this data for booking and visit coordination and management. SMI reserves the right to share this information with the third party players attached with User/s booking or visit. Login Id and Password Protection User/s’ account and profile page will be created as per data provided. Login and password will be generated. User/s has the responsibility of safeguarding the password and account information. In case of unauthorized access, User/s should immediately notify SMI. SMI will make best efforts to block your account or the activity of the unauthorized user. User Connect and Communication SMI representative shall be in touch with you whenever required for information about property and any updates. Although representative are appointed to help and assist you in best possible manner, User/s are not allowed to reach out to them for any requests that fall outside the scope of the agreement and outside the scope of business. Upon breach of this condition, SMI will be entitled to terminate the agreement forthwith without further notice to User/s in this regard. Website content SMI does not guarantee that the website / application and its contents, postings, messages, comments, images etc will be free from bugs, viruses, Trojans or other harmful code or communication which can cause contamination or destruction on User/s’ end. SMI will not be liable for any harm caused whatsoever it shall be. User/s conduct 1. The website should be used by the User/s for lawful purpose only. User/s shall not post or transmit through SMI Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. Any conduct by User/s that in SMI’s discretion restricts or inhibits any other User/s from using or enjoying the Website will not be permitted. User/s shall not use Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with SMI. 2. User/s shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User/s. User/s shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Intellectual Property Rights Intellectual Property, hereinafter referred as IP, shall mean all the IP and property rights of SMI which includes any and all rights over SMI’s data, techniques, methodologies and information. This data can be from SMI website, its social media pages on Facebook, twitter, instagram, YouTube, Google plus etc. Anyone other than SMI is not permitted to copy, modify, distribute, re-sell, redistribute, publish, license or transfer in whole or in part any IP of SMI. Third party players attached with SMI may also be protected by their IP rights. Anyone is not permitted to break the IP rights of these players also. Liability User/s agree that SMI (including its offices, directors, employees, affiliates, group companies, agents, representatives and third party) shall not in any event be liable to User/s for: • Any special, incidental or consequential damages arising out of the use or inability to use or delay in use of the SMI Website or the related information for any purpose whatsoever. • Exercising its right to modify or discontinue any or all of the Contents, information, software, products, features and services published on this Website. • Taking on rent any of the properties listed on our Website, based on suggestions or advice shared on our discussion forums or by users and visitors of our Website or have any responsibility of any kind, for any loss or damage, direct, indirect, consequential or incidental incurred by you as a result of applying such advice. User/s conduct 1. The website should be used by the User/s for lawful purpose only. User/s shall not post or transmit through SMI Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. Any conduct by User/s that in SMI’s discretion restricts or inhibits any other User/s from using or enjoying the Website will not be permitted. User/s shall not use Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with SMI. 2. User/s shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User/s. User/s shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. 3. Tenants should follow the acceptable societal norms in the SMI homes. Any issues on related matters will be in alignment with the societal and community requirements. Payment Terms and Refund The rates on the website are inclusive of the facilities mentioned and the selections made by the User/s. The payment can be done either on the site or online depending on the type of property. All the payments have to be made on or before taking the apartment / room / beds. The minimum lock-in is one month. Any refund on breach of lock-in is not allowed, it is on sole discretion of SMI in such an event on whether or not refund is to generated and on the amount of refund to be generated. Property Reservation Confirmation The property booking is confirmed after confirming with the property owners. The confirmation can be verbal or written. This confirmation is be subjected to the owners and the User/s agreement. Booking / Token amount may also be applicable depending on the selected property for confirmation of the booking, no refunds on cancellation 10 days before date of starting of stay. Cleaning charges applicable at end of stay. Fine of 1% per day for delay on rents is also applicable. If rent delayed by more than 3 days, customer can be made to check-out, if required. Notice period for vacating flat is 30 days. Keeping pets would require additional permission and additional deposit may be charged for the same. Data Monitoring and Control SMI has the right but not an obligation to monitor content of the website, chats, forums, social media pages and any other communication channel to determine the compliance with the agreement and any rules established by SMI and its partners and to satisfy law, regulation and authorized government request. SMI has the right to edit, delete, repost, remove any material on its website, and the sole description lies with SMI. Indemnity User/s agrees to defend, indemnify and hold harmless SMI, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of SMI, SMI website, SMI Application and SMI properties by user or User’s Account. Termination / breach of Agreement The agreement between SMI and User/s is terminated if the conditions of TOU is not met. Either SMI or the User/s may terminate the agreement between SMI and the User/s. SMI holds the right to terminate the User/s immediately and ask the user to leave the property premises. SMI holds the sole description to consider the User/s conduct unacceptable, and declare the agreement void or declare the breach of TOU. Governing Laws By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to these Terms. Jurisdiction Courts at Bangalore, India alone shall have the exclusive jurisdiction in all matters relating to the use of these Terms, irrespective of the territory and jurisdiction of your access to the Website. Contact Us If you have any questions regarding the TOU, Privacy Policy, the practices of the SMI website, or our dealings with the site or its representatives, please e-mail us on support@simplymovein.com, Phone no: +91 9108447827