These General Terms and Conditions ("Terms") constitutes a legally binding and enforceable Agreement by and between Zovay (hereinafter referred to as the "Platform", "Company", "Zovay", "we", "us", or "our") and the individual accessing, browsing, or using the Platform to search for, book short-term accommodations and list their properties (hereinafter referred to as the "Guest", "User", "Host", "you", or "your").
Zovay’s Role
Zovay operates as a digital marketplace. We provide a platform that enables registered third parties ("Hosts") to publish listings for short-term accommodations and enables Guests to discover and book such properties. When you confirm a booking on Zovay, you are entering into a direct, legally binding contract with the Host.
Zovay is not a real estate broker, travel agent, property manager, or a party to the rental agreement between you and the Host. Our responsibilities are limited to facilitating the transaction between you and the host by maintaining availability of our Platform.
Eligibility and KYC
Minimum Age: You must be at least eighteen (18) years of age to register an account and book accommodations on Zovay.
KYC: To ensure trust and safety, Zovay and its authorized Hosts require mandatory Know Your Customer (KYC) verification. You agree to provide accurate, updated, and complete information during the registration process. Upon check-in at any Accommodation, you and all members of your party must present valid, government-issued photographic identification (e.g., Aadhaar Card, Passport, or Voter ID). Failure to present valid identification may result in the Host denying entry, in which case you will not be entitled to a refund.
Reviews
After each Host Service, Guests and Hosts will have an opportunity to review each other on Zovay’s application. Your Review must be accurate and shall not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or our Policies.
Content
Zovay enable you to provide, share, or communicate feedback, text, photos, video, information, and other content (“Content”) on the Platform. By providing Content, in whatever form and through whatever means, you grant Zovay a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Zovay Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks.
If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws including the Digital Personal Data Protection Act, 2023 and in accordance with our Privacy Policy. Where Zovay (including its affiliates) pays for the creation of Content or facilitates its creation, Zovay (including its affiliates) shall exclusively own that Content, in which case supplemental terms or disclosures will say that.
You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Zovay (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must not be discriminatory, obscene, harassing, deceptive, violent, and illegal in nature.
Fees
Zovay may charge fees (and applicable Taxes) to Hosts and Guests for their use of the Zovay Platform. Any applicable fees are disclosed to Guests before making a Booking. Except as otherwise provided on the Zovay Platform and under relevant cancellation policies, service fees are non-refundable. Zovay reserves the right to change the service fees at any time, and will provide you with the notice of any fee changes before they become effective. These fee changes will not affect bookings made prior to the effective date of the fee change.
If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 7.2.
Your Obligations
You must comply with the below listed obligations when using the Platform, browsing, listing your accommodation or booking your short-term rentals:
Your Conduct
- Act with integrity and treat others with respect.
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Do not attempt to evade enforcement of these Terms, Policies, or our Standards, such as by creating a duplicate account or listings.
- do not discriminate against or harass others.
- Guest must comply with all the “House Rules” explicitly outlined by the Host in the listing (e.g., quiet hours, pet policies, smoking restrictions).
- Do not exceed the maximum number of permitted guests explicitly stated in the booking confirmation. Unauthorized additional guests may result in extra charges or immediate eviction.
- You agree to cooperate with the Host by providing necessary details for mandatory tenant/guest police verification registers.
- If you are a foreign national, you must provide your Passport and valid Indian Visa to the Host upon arrival. You hereby acknowledge that the Host is legally mandated to submit 'Form C' to the Foreigners Regional Registration Officer (FRRO) within 24 hours of your arrival.
Platform Rules
- Do not scrape, hack, reverse engineer, compromise or impair the Zovay Platform
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Zovay Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Zovay Platform or Content.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Zovay Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Zovay Platform.
- Only use the Zovay Platform as authorized by these Terms or another written agreement with us.
- You may only use another individual’s personal information as necessary to facilitate a transaction using the Zovay Platform as authorized by these Terms.
- Do not use the Zovay Platform, our messaging tools, or any person’s personal information to send commercial messages without their express consent.
- You may use Content made available through the Zovay Platform solely as necessary to enable your use of the Zovay Platform as a Guest, User or Host.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make, or accept a booking or any payment outside of the Zovay Platform to avoid paying fees, taxes or for any other reason.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not use, copy, display, mirror or frame the Zovay Platform, any Content, any Zovay branding, or any page layout or design without our consent.
Legal Obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
- Read and follow our Terms, Policies, and Standards.
- Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates any rules for parties and events, as per the applicable law.
- Do not use the name, logo, branding, or trademarks of Zovay or others without prior written permission
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any Zovay trademarks, logos or branding.
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.
Prohibited Activities during the Stay
While occupying an Accommodation, you strictly covenant NOT to:
- Engage in any illegal, illicit, or criminal activities under the applicable law (including without limitation drug use, prostitution, or gambling).
- Create public nuisances, disturb the peace of the neighbourhood, or engage in behavior that harasses, threatens, or causes harm to the Host, neighbours, or Platform staff.
Sub-lease, commercialize, or use the Accommodation for commercial photography, film shoots, or public events without the Host's prior written consent.
Damage to Accommodation
You are expected to leave the Accommodation in the same condition in which it was delivered to you. You are financially responsible for all damages to the Accommodation, its fixtures, furniture, or surrounding property caused by your negligent, reckless, or intentional acts, or those of your invitees. Zovay reserves the right to charge your payment method on file to recover costs associated with such damages.
Reporting Violations
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Zovay. In addition, if you believe that a Member, Listing or Content has violated these Terms or our Polices, you should report your concerns to Zovay. Please contact Zovay’s Support Team @ [insert support e-mail]. If you reported an issue to local authorities, Zovay may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
Term, Termination and other Measures
Term: The agreement between you and Zovay reflected by these Terms is effective when you access the Zovay Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
Termination: You may terminate this agreement at any time by sending us an email @ [insert relevant support email] or by deleting your account. Zovay may terminate this agreement and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Zovay may also terminate this agreement immediately and without notice and stop providing access to the Zovay Platform if you breach these Terms, you violate our Polices, or you violate applicable laws, or we reasonably believe termination is necessary to protect Zovay, its members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
Zovay reserves the right to change our services, including to add or remove features and functionalities or change the types of Listings we accept or allow on the platform, including but not limited to, improve or update our services, prevent abuse, or respond to legal requirements.
Additional Measures: If (i) you breach these Terms, our Polices or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Zovay believes it is reasonably necessary to protect Zovay, its members, or third parties; Zovay (or its affiliates) may, with or without prior notice:
suspend or limit your access to or use of the Zovay Platform and/or your account;
suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other Content;
cancel pending or confirmed bookings; or
suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Zovay (or its affiliates) determines in its sole discretion, you will be given notice of any intended measure by Zovay and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting our support team @ [insert support e-mail].
Legal Obligation: Zovay may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 7.3.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 13.
Modification of Terms
Zovay may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Zovay Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by Zovay’s application at least 30 days before the date they become effective.
If you disagree with the revised Terms, you may terminate this agreement immediately in accordance with Section 7.2 above. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Zovay Platform will constitute acceptance of the revised Terms.
Disclaimer of Warranties
The Zovay Platform and all Content are provided “as is” without warranty of any kind and Zovay (or its affiliates) disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Zovay Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Zovay (or its affiliates) has completed a relevant verification or identification process and nothing else.
The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Zovay (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Zovay’s option), indemnify, and hold Zovay (including Zovay’s affiliates, and their personnel) harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney fees and legal costs), arising out of or in connection with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Zovay Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in a Service or Experience, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
Limitation of Liability
Neither Zovay (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Zovay Platform or any Content 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 (i) these Terms, (ii) the use of or inability to use the Zovay Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Zovay Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Zovay has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the [insert name of supplementary insurance program (if any)], in no event will Zovay’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any members, or your use of or inability to use the Zovay Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability.
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms, including its interpretation, validity, or termination, shall be resolved through arbitration as per the Arbitration and Conciliation Act, 1996. The Arbitral tribunal shall be appointed in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of the arbitration shall be Delhi, India. The language of the arbitration shall be English.
Miscellaneous
Interpretation: Except as they may be supplemented by other policies, guidelines, standards, and in-product disclosures, these Terms (including items incorporated by reference) constitute the entire agreement between Zovay and you pertaining to your access to or use of the Zovay Platform and supersede any and all prior oral or written understandings or agreements between Zovay and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Zovay.
Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
No Waiver: Zovay’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
Assignment: You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Zovay's prior written consent. Zovay may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
Notice: Unless specified otherwise, any notices or other communications required under this agreement, will be provided electronically and given by Zovay via its support email or Zovay’s messaging service (Zovay’s application).
Third-Party Services: The Zovay Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Zovay is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
Force Majeure: Zovay shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Contact Us: If you have any questions about these Terms, please email us @ [insert support e-mail].
