Terms and Conditions

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.


This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.instaspaces.in website.


The domain name www.instaspaces.in (hereinafter referred to as "Website") is owned by InstaSpaces Realtech Private Limited a company incorporated under the Companies Act, 1956 with its Head office at Plot-23. Sector-18. Maruti Industrial Area, Gurugram, India-122001 (hereinafter referred to as "InstaSpaces")


Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with InstaSpaces Realtech Private Limited and these terms and conditions including the policies constitute your binding obligations, with InstaSpaces.


For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Flipkart allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean InstaSpaces Realtech Private Limited.

 

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Space Reviews, Operator Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

VISITORS TO THIS WEB SITE ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS") SO PLEASE READ THESE CAREFULLY BEFORE CONTINUING TO USE THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT [[email protected]]

 

Disclaimer of Warranties, Inaccuracies or Errors

1. Although InstaSpaces tries to ensure that all information and recommendations, whether in relation to the products, services, offerings or otherwise (hereinafter "Information") provided as part of this website is correct at the time of inclusion on the web site, InstaSpaces does not guarantee the accuracy of the Information. InstaSpaces makes no representations or warranties as to the completeness or accuracy of Information.

2. InstaSpaces makes no commitment to update or correct any Information that appears on the Internet or on this web site.

3. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. No Information at this web site shall constitute an invitation to invest in InstaSpaces. Any use of this website or the Information is at your own risk. Neither InstaSpaces, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or InstaSpaces upon, this website or the Information, or any website linked to this website.

4. Nothing contained herein is to be construed as a recommendation to use any product or service, in conflict with any patent, or otherwise and InstaSpaces makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. INSTASPACES, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE WEBSITE, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. INSTASPACES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF INSTASPACES HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Copyrights

This web site contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by InstaSpaces or have been licensed to InstaSpaces by the owner(s) of those rights so that it can use this material as part of this web site. InstaSpaces retains copyright on all Information, including text, graphics and sound and all trademarks displayed on this web site are owned by InstaSpaces.

You may:

  • use and display the materials only on your personal computer only for personal use. InstaSpaces grants you a limited, personal, non-exclusive and non-transferable license only for such use.
  • print copies of the information on this site for your personal use and store the files on your computer for personal use.

You may not:

  • copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the web site except as set out under "You may". These restrictions apply in relation to all or part of the material on the web site;
     
  • copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. No reproduction of any part of the web site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site.
     
  • remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the web site; link to this web site; without our express written consent.

 

General Terms and Conditions

  1. 1. InstaSpaces does not routinely monitor your postings to the web site but reserves the right to do so. However, in our efforts to promote good citizenship within the Internet community, if InstaSpaces becomes aware of inappropriate use of the web site or any of its Services, InstaSpaces will respond in any way that, in its sole discretion, InstaSpaces deems appropriate. You acknowledge that InstaSpaces will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, InstaSpaces will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

    2. Submissions and unauthorized use of any materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold InstaSpaces and its employees, agents, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the web site or the use of the web site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

    3. InstaSpaces reserves the right to terminate access to this web site at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.

    4. InstaSpaces may change the terms and conditions and disclaimer set out above from time to time. By browsing this website, you are accepting that you are bound by the current terms and conditions and disclaimer and so you should check these each time you revisit the web site.

    5. InstaSpaces may change the format and content of this web site at any time.

    6. InstaSpaces may suspend the operation of this web site for support or maintenance work, in order to update the content or for any other reason.

    7. Personal details provided to InstaSpaces through this web site will only be used in accordance with our privacy policy. Please read this carefully before going on. By providing your personal details to us you are consenting to its use in accordance with our privacy policy.

    8. If you have a question or complaint, please contact us at [[email protected]]

    9. InstaSpaces reserves all other rights

 

Rights and Responsibilities

You agree to abide by and conform to the rules, regulations, policies and principles as they now exist for the operation and management of the Workspace run by the Operator and such reasonable amendments to the above as the Operator may subsequently adopt.

  1. No Proprietary Interests. Your rights under this Agreement are the rights and privileges expressly granted, and do not include any proprietary interest in the Workspace or other properties of the Operator.
  1. No assignment/transfer of rights. The rights and privileges associated with usage of the Workspace are personal to you and cannot be assigned/transferred to any third-party by contract or by any proceeding under any law or otherwise.
  1. Liability for Damage. You agree to maintain the Workspace in a clean, sanitary and orderly condition. You shall reimburse the Operator and/ or Landlord, as the case may be for any repair to the Workspace owing to any act, other than repair or replacement of furnishings and fixtures owned by the Operator/Landlord in the Unit above and beyond ordinary wear and tear. In addition, you shall reimburse the Operator and/or Landlord, as the case may be for any loss or damage to the Operator/Landlord’s real or personal property outside of the original Unit caused either intentionally or negligently by you or by persons accompanying you.
  1. Property of Resident. The Operator is not responsible for loss of any property belonging to you due to any cause unless such loss is caused by the negligent or intentional acts of the Operator or its employees or agents.


Security Deposits

Professional Workspaces may choose to include security deposits in their listings (“Security Deposits”). Each listing will describe whether a Security Deposit is required for the applicable Professional Workspace. If a Security Deposit is included in a listing for a confirmed booking of an Professional Workspace, InstaSpaces will, in its capacity as the payment collection agent of the Professional Workspace, use its commercially reasonable efforts to obtain a pre-authorization of the Visitor’s credit card in the amount the Professional Workspace determines for the Security Deposit within a reasonable time prior to the Visitor’s check-in at the applicable Professional Workspace’s Professional Workspace. InstaSpaces will also use its commercially reasonable efforts to address Professional Workspaces’ requests and claims related to Security Deposits, but InstaSpaces is not responsible for administering or accepting any claims by Professional Workspaces related to Security Deposits, and disclaims any and all liability in this regard.


Service Fees

In consideration for the use of the InstaSpaces Service, InstaSpaces will charge a fee (the “Service Fee”). Where applicable, taxes (such as VAT) may also be charged in respect of fees. The Service Fee will calculated be on the final amount billed to the customer, after any promotions have been applied.

Balances will be remitted by InstaSpaces to Professional Workspaces via bank transfer, check, PayPal, direct deposit or other payment methods described on the Website or the InstaSpaces Service depending upon the selections the Professional Workspace makes via the Site, Application and Services.

Please note that InstaSpaces, may impose or deduct foreign currency processing costs on or from any payments or payouts by InstaSpaces in any applicable currency. Except as otherwise provided herein, Service Fees are non-refundable


Cancellations and Refunds

If, as a Visitor, you wish to cancel a confirmed booking made via the InstaSpaces Service, either prior to or after arriving at the Professional Workspace, please refer to the InstaSpaces cancellation policy which states that a visitor may cancel up to six (Six) hours prior to the reservation time at the Professional Workspace for a full refund; provided that anything cancelled less than six (6) hours prior to the reservation shall not be refunded. If a Professional Workspace cancels a confirmed booking made via the InstaSpaces Service, (i) InstaSpaces will refund the total fees for such booking to the applicable Visitor within a commercially reasonable time of the cancellation which is anticipated to be 10 business days and (ii) the Visitor will receive an email or other communication from InstaSpaces containing alternative Professional Workspaces and other related information. If the Visitor requests a booking from one of the alternative Professional Workspaces, then the Visitor agrees to pay InstaSpaces the total fees for the alternative Professional Workspace, in accordance with these Terms of Service. If a Professional Workspace cancelled a confirmed booking and you, as a Visitor, have not received an email or other communication from InstaSpaces, please contact InstaSpaces at [email protected].

If, as a Professional Workspace, you cancel a confirmed booking, InstaSpaces may apply penalties or consequences to you or your listing, including (i) publishing an automated review on your listing indicating that a reservation was cancelled, (ii) keeping the calendar for your listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, InstaSpaces may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the InstaSpaces Service. InstaSpaces may also determine, in its sole discretion, to refund to the Visitor part or all of the amounts charged to the Visitor. You agree that InstaSpaces and the relevant Visitor or Professional Workspace will not have any liability for such cancellations or refunds
 

Applicable Law and Jurisdiction

These terms and conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the web site whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Gurugram, Haryana, India for the resolution of all such disputes.