PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE OYO PLATFORM, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU MUST REFRAIN FROM USING THE OYO PLATFORM.

THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.

These terms and conditions (these “Terms of Use”) constitute a legally binding agreement between OYO and you (“User(s), you, your, yourself”) governing access to and use of the OYO website, including any subdomains thereof, and any other websites through which OYO makes the OYO Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "OYO Services") and OYO Products (defined in Section 1 below). The Site, Application, OYO Services and OYO Products together are hereinafter collectively referred to as the “OYO Platform.” Your use of the OYO Platform, or any part thereof, is an acknowledgment that you have reviewed these Terms of Use and agree to comply with them as well as any other terms and policies applicable to your use of the OYO Platform, all of which are incorporated herein by this reference and include but are not limited to our Guest Policy and Payment for Services Policy.

References to “OYO,” or to “we”, “us” or “our” refer to OYO, the company with which you are contracting under these Terms of Use. Your contracting entity generally is determined based on the terms contained in our Payment for Services Policy and if not applicable to your particular activity or transaction, then your country of residence at the time you engage with the OYO Platform with respect to a particular activity or transaction.

OYO reserves the right to modify these Terms of Use at any time in accordance with this provision. If we make changes to these Terms of Use, we will post the revised Terms of Use on the OYO Platform. We will also provide you with notice of the modifications by email when they become effective and to the extent you have provided us your email address. If you disagree with the revised Terms of Use, you may terminate these Terms of Use with immediate effect. If you do not terminate your Agreement before the date the revised Terms of Use become effective, your continued access to or use of the OYO Platform will constitute acceptance of the revised Terms of Use.

1. Scope of Services
2. Eligibility to Use
3. Using the OYO Platform: Account Registration and Use
4. Mobile Applications
5. Term & Termination
6. Terms applicable to Booking/Purchasing OYO Services and OYO Products
7. Usage Terms
8. Prohibited Content
9. Communications
10. Third Party Links
11. OYO Proprietary Rights
12. Feedback; User Submissions
13. Privacy
14. Indemnification
15. No Warranty
16. Limitation of Liability
17. Dispute Resolution and Arbitration; Class Action Waiver
18. Language
19. Governing Law and Jurisdiction
20. General

1. Scope of Services

OYO through the OYO Platform connects users with third parties to use OYO branded properties managed and/or owned by third parties (“Channel Partners”) or OYO as the case may be to help the users avail the OYO Services. OYO Platform offers OYO Services to its users by offering its products (“OYO Products”) which will include but will not be limited to:

1. OYO Rooms
2. OYO Homes
3. OYO Townhouse
4. OYO Business
5. OYO Flagship
6. OYO Silverkey

2. Eligibility to use

You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these Terms of Use. While individuals under the age of 18 may utilize/browse the OYO Platform, they will do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account and such parent/legal guardian is responsible for such individual’s use of the OYO Platform. OYO reserves the right to terminate your access or Account (defined below) and refuse to provide you with access to the OYO Platform if OYO discovers that you are under the age of 18 years.

3. Using the OYO Platform: Account Registration and Use

OYO makes the OYO Services available to you through the OYO Platform upon you providing OYO certain required user information and having created an account (“Account”) through an OYO ID and password or other log-in ID and password (collectively, the “Account Information”). The OYO Platform requires you to register as a user by creating an Account in order to utilize the OYO Services and OYO Products. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify OYO of any unauthorized use of your Account Information, the OYO Platform or any other breach of security, and (b) exit/log out from the Account at the end of each session. OYO 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 OYO or any other customer or visitor to the OYO Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential. OYO also allows restricted access to the OYO Platform for unregistered users. At the time of registration, you will ensure that the Account Information provided by you in the OYO Platform registration form is complete, accurate and up-to-date. Use of another user’s Account Information is expressly prohibited.

4. Mobile Applications

We make available the Application to access the OYO Platform via a mobile device. To use the Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, nontransferable, revocable license to use an object code copy of the Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third-party or use the Application to provide time sharing or similar services for any 2 third-party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that we may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms of Use will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application

The following additional terms and conditions apply with respect to any Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS Application”):

1. You acknowledge that these Terms of Use are between you and us only, and not with Apple, Inc. (“Apple”).
2. Your use of our iOS Application must comply with Apple’s then-current Application Store Terms of Service.
3. We, and not Apple, are solely responsible for our iOS Application and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS Application. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS Application.
4. You agree that we, and not Apple, are responsible for addressing any claims by you or any thirdparty relating to our iOS Application or your possession and/or use of our iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms of Use and any law applicable to us as provider of the iOS Application.
5. You agree that we, and not Apple, will be responsible, to the extent required by these Terms of Use, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS Application or your possession and use of our iOS Application.
6. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
7. You agree to comply with all applicable third-party terms of agreement when using our iOS Application (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS Application).
8. The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Use as they relate to your license of our iOS Application. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of the iOS Application as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Application that we provide to you designed for use on an Android-powered mobile device (an “Android Application”):

1. You acknowledge that these Terms of Use are between you and us only, and not with Google, Inc. (“Google”).
2. Your use of our Android Application must comply with Google’s then-current Android Market Terms of Service.
3. Google is only a provider of the Android Market where you obtained the Android Application. We, and not Google, are solely responsible for our Android Application and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android Application or these Terms of Use.

You acknowledge and agree that Google is a third-party beneficiary to the Terms of Use as they relate to our Android Application

5. Term & Termination

In case you wish to discontinue your use of the OYO Platform at any point you can opt out of your membership of the OYO Platform by writing an email to consumer.complaints@oyorooms.com. OYO reserves the right to unilaterally terminate your use of the OYO Platform or any of the Services without notice or any liability for any reason, including breach of the terms mentioned herein.

Terms applicable to Booking/Purchasing OYO Services and OYO Products

Users who avail themselves of OYO Services and OYO Products are subject to the following additional terms and conditions:

1. Reservation or booking of services
   

   The process of booking OYO Services may require you to disclose your personal and confidential information such as name, address etc., you will not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services. You acknowledge and agree that before placing any order on the OYO Platform, you will check the OYO Service description and price carefully and by placing an order for an OYO Service you agree to be bound by these terms including the description of the OYO Services. You only will place the order after fully satisfying yourself with the price, description and look as has been displayed on the OYO Platform. OYO will not be responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s acts or omissions. Relying on declarations, confirmations, information and obligations made/undertaken by User in accordance with the terms, and believing the same to be true and acting on the faith thereof, OYO has agreed to provide the OYO Services to User as per the terms mentioned herein. In particular, User does hereby agree, promise, declare, confirm, covenant, undertake, represent and warrant to OYO as follows:

   1. User is not under any legal or other deficiency that prevents/may prevent User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to OYO for OYO Services ordered by User;
   2. In the event of detecting any suspicious activity from User’s Account, OYO reserves the right to cancel all pending and future orders owing to any such incident without any liability to OYO;
   3. In a credit card transaction, you must use your own credit card for which you have full right and authority to validly use such credit card for making payment to OYO. OYO will not be liable for any credit card fraud. The liability to use a card fraudulently will be on User and the onus to ‘prove otherwise’ will be exclusively on User;
   4. While using the OYO Platform, User at all times will strictly comply with the payment procedure and the terms mentioned herein in their entirety.
   5. Your use of the Services will be deemed that you are fully satisfied with the description, look and design of the accommodation and usage fee of the accommodation as has been displayed on the OYO Platform.
   
   The User agrees and acknowledges that in the OYO Platform all Services are offered only at the sole discretion of OYO.

2. Payment & Usage Fee

   You hereby agree and understand that you will have to pay the usage fee as mentioned on the OYO Platform for the concerned Services via the payment mode provided on the OYO Platform post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, OYO will debit the usage fee from the payment mode selected by the User. User acknowledges and agrees that the payment procedure may call for and require additional verification of or information from User and User undertakes to provide complete, correct and proper information. OYO uses third party payment providers to receive payments from users. OYO is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues.
   OYO takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
   In rendering payments for OYO Services via the OYO Platform, User acknowledges and agrees that User is making payments to the applicable entity referenced in the Payment for Services Policy.

3. No Warranty

   You hereby acknowledge and agree that OYO is not a hotel/guest house owner/ and has no control over the conduct or behavior of the management of any property or the quality, fitness or the suitability of the services provided by third party offering services. OYO disclaims any and all liabilities in this regard. You are requested to kindly take due care of all their personal valuables and belongings. OYO and its employees will NOT be responsible for any loss, theft or damage to personal valuables and belongings.

4. Bookings with Channel Partners

   It is hereby further clarified that OYO and Channel Partners are separate, independent entities and OYO does not work as a representative or agent of any Channel Partner. By making a reservation/booking at a listed accommodation, you are entering into commercial/ contractual terms as offered by and agreed between Channel Partner and you alone.
   User hereby assumes the sole risk of booking or making use or relying on the information relating to the OYO Services available through the OYO Platform. It is your responsibility to check the details of the accommodations listed on the OYO Platform. OYO will not be responsible and will not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, will OYO be made a party to dispute between User(s) and Channel Partner(s) except in cases of online payments where OYO will be considered the first point of contact. OYO will be the first point of contact in respect of online payment dispute management, refunds, cancellations, returns and customer support as they relate to the use of the OYO Platform. User can reach out to OYO to mediate or resolve any online payment dispute or disagreement between User and Channel Partners.

7. Usage Terms

The information, materials, Services available on the OYO Platform may inadvertently include inaccuracies, typographical errors, or outdated information, OYO is not responsible for and will not be bound to honor typographical or pricing errors on the OYO Platform. OYO reserves the right to refuse or cancel orders at any time, including but not limited to the orders that contain incorrect prices or product descriptions, orders in which OYO believes the User has violated applicable laws or these terms, orders that OYO believes are harmful to OYO or orders that OYO believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. OYO neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. OYO expressly disclaims any warranties whether express or implied about the accuracy, completeness, merchantability, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the services and/or products.
OYO will not be responsible for any delay or inability to use the OYO Platform, the provision of or failure to provide functionalities, or for any information, software, services, functionalities and related graphics obtained through the OYO Platform, or otherwise arising out of the use of the OYO Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, OYO will not be held responsible for non-availability of the OYO Platform during periodic maintenance operations or any unplanned suspension of access to the OYO Platform that may occur due to technical reasons or for any reason beyond OYO’s control. User understands and agrees that any material or data downloaded or otherwise obtained through the OYO Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. OYO accepts no liability for any errors or omissions, with respect to any information provided to User.

8. Prohibited Content:

User represents, warrants and covenants to OYO that User will not use the OYO Platform for any purpose that is unlawful, unauthorized, or inconsistent with these Terms of Use. User acknowledges and agrees that the registration data, information/data provided or uploaded onto the OYO Platform by User:

1. will not be false, inaccurate, misleading or incomplete; or
2. will not be fraudulent or involve the use of counterfeit or stolen credit cards; or
3. will not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or
4. will not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or
5. will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or
6. will not create liability for OYO or cause OYO to lose (in whole or in part) the services of OYO’s ISPs or other service providers/suppliers.

The Users are prohibited from engaging in the following activities:

1. Systematically retrieving data or other content from the OYO Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. Making any unauthorized use of the OYO Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses’
3. Circumventing, disabling, or otherwise interfering with security-related features of the OYO Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the OYO Platform and/or the content contained therein;
4. Engaging in unauthorized framing of or linking to the OYO Platform;
5. Tricking, defrauding, or misleading us or other users, especially in any attempt to learn sensitive account information such as user passwords;
6. Making improper use of our support services or submit false reports of abuse or misconduct;
7. Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
8. Interfering with, disrupting, or creating an undue burden on the OYO Platform or the networks or services connected to the OYO Platform;
9. Attempting to impersonate another user or person or using the username of another user;
10. Selling or otherwise transferring your profile;
11. Using any information obtained from the OYO Platform in order to harass, abuse, or harm another person;
12. Using the OYO Platform as part of any effort to compete with us or otherwise using the OYO Platform and/or the content for any revenue-generating endeavor or commercial enterprise;
13. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the OYO Platform;
14. Attempting to bypass any measures of the OYO Platform designed to prevent or restrict access to the OYO Platform, or any portion of the OYO Platform;
15. Copying or adapting the OYO Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
16. Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interfere with any person’s uninterrupted use and enjoyment of the OYO Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the OYO Platform;
17. Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism;
18. Except as may be the result of standard search engine or Internet browser usage, using, launching, developing, or distributing any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the OYO Platform, or using or launching any unauthorized script or other software;
19. Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the OYO Platform; and
20. Using the OYO Platform in a manner inconsistent with any applicable laws or regulations.

User agrees use of the OYO Platform will terminate immediately upon User’s violation of any of the foregoing provisions. If User contravenes the foregoing or OYO has reasonable grounds to suspect that User has contravened the foregoing, OYO reserves the right, at its sole discretion and with or without notice, to block/terminate User’s Account, access to the OYO Platform and its content at any time and to refuse to honor the User’s request(s).

9. Communications

When you use the OYO Platform, you agree and understand that you are communicating with OYO through electronic records and you consent to receive communications via electronic records from OYO periodically and as and when required. OYO may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that OYO will not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, OYO will make reasonable efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this OYO Platform, you agree that OYO will not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that OYO will not be held liable or responsible for ‘phishing attacks’ on you. You may accept or decline the cookies when you accesses OYO Platform. It is your responsibility to set your browser to alert you to accept or to reject cookies.

10. Third Party Links

At OYO’s sole discretion, the OYO Platform may contain links to platforms, websites and services owned or maintained by persons or entities other than OYO. OYO also may provide links to other sites for purpose of enabling users to make payment to OYO. Any of the foregoing links do not constitute an endorsement by OYO of any such sites and are provided only as a convenience. OYO is not responsible for the content or links displayed on such sites. OYO is not responsible for the privacy practices of such sites which OYO does not own, manage or control. OYO does not regularly review, and makes no warranty or representation regarding materials posted, or products or services offered, on the sites to which this OYO Platform may be linked and OYO will not be responsible for any deficiency thereof. OYO does not endorse any or all of the materials, products, and services available on such linked sites, and OYO expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the products and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.

11. OYO Proprietary Rights

OYO Platform and the content posted herein which includes but will not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to OYO or one of its affiliated entities (hereinafter referred to as “OYO IP”). You may not modify, publish, copy, transmit, transfer, sell, reproduce, modify create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit OYO IP in any other way.
"OYO” is a trademark that belongs to us. Other trademarks, names and logos on the OYO Platform are the property of their respective owners. Unless otherwise specified in these Terms of Use, all materials displayed on the OYO Platform, including the arrangement of such materials on the OYO Platform are our sole property, Copyright © 2019 [Oravel Stays Private Limited] All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

12. Feedback; User Submissions

User agrees that any submissions a User make to OYO, including but not limited to feedback, comments, questions, ideas and suggestions (collectively, “Feedback”) through any communication, including but not limited to call or email, will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Additionally, certain areas of the OYO Platform may permit the User to submit information, data, text, messages or any other content (including the name you submit with any content) (collectively, “User Submissions”). By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to (i) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; (ii) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service); and (iii) display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
User represents and warrants that User owns or otherwise controls all of the rights to the User Submissions and that use of the User Submissions by OYO will not infringe upon or violate the rights of any third party. You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
All of the rights to the content that he/she may contribute to this OYO Platform and that use of his/her content by OYO shall not infringe upon or violate the rights of any third party.

13. Privacy

OYO’s privacy policy also governs your use of the OYO Platform, is incorporated herein by this reference and can be accessed at: https://www.oyorooms.com/privacy-policy?oyocorporate.
This website uses Mouseflow, a third-party analytics tool, to track page content and click/touch, movement, scroll, and keystroke activity. You can opt-out at http://mouseflow.com/opt-out.

14. Indemnification

Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to OYO herein or any applicable laws or otherwise, User agrees to indemnify, defend (at Oyo’s request), and hold harmless Oyo, its affiliates and their respective directors, members, managers, officers, representatives, contractors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by any of them that arise out of or related to your use or misuse of the of the OYO Platform or any parts thereof, any violation by you of these Terms of Use, or any breach of representations, warranties and covenants made by you herein.

15. No Warranty

THE OYO PLATFORM IS PROVIDED BY OYO ON AN “AS IS” BASIS WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OYO PLATFORM, OR ANY PORTIONS THEREOF, IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, OYO makes no warranty that (i) the OYO Platform or any portions thereof will meet your requirements or your use of the OYO Platform will be uninterrupted, timely, secure or error- free; (ii) the results that may be obtained from use of the OYO Platform will be effective, accurate or reliable; (iii) the quality of the OYO Platform will meet your expectations; or that (iv) any errors or defects in the OYO Platform will be corrected. No advice or information, whether oral or written, obtained by you from OYO or through or from use of the OYO Platform will create any warranty not expressly stated in the terms of use. OYO will have no liability to the User for any interruption or delay, to access the OYO Platform irrespective of the cause.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OYO BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND WHATSOEVER INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR OTHER INTANGIBLE LOSSES, WHICH MAY ARISE OR ARE ARISING FROM THE USE OF THE OYO PLATFORM OR ANY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE OYO PLATFORM OR ANY OF THE SERVICES OFFERED, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF OYO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, OYO’S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF THESE TERMS OF USE OR USING THE SERVICES OR THE OYO PLATFORM WILL BE LIMITED TO THE GREATER OF (i) THE AMOUNT EQUIVALENT TO THE PRICE PAID TO OYO BY YOU UNDER THESE TERMS OF USE FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM AND (ii) $100.

17. Dispute Resolution and Arbitration; Class Action Waiver

Please read the following (this “Provision”) carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at consumer.complaints@oyorooms.com.
If your country of residence is the United States, you enter into a contract with us or a booking pertaining to the United States or you otherwise bring a claim in the United States, this Provision applies to you.
Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and OYO.
Please read this Provision carefully. It provides that all Disputes between you and OYO shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms of Use constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “OYO” means OYO and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and OYO regarding, arising out of or relating to any aspect of your relationship with OYO, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as OYO’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give OYO an opportunity to resolve the Dispute. You must commence this process by mailing written notification to OYO, at legal@oyorooms.com . That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If OYO does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or OYO may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF US (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to OYO, at consumer.complaints@oyorooms.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with OYO through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with OYO. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or OYO may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or OYO may initiate arbitration in either [CLIENT’s U.S. location] or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – OYO will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with OYO as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and OYO specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation
This Provision shall survive the termination of your service with OYO or its affiliates. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if OYO makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require OYO to adhere to the present language in this Provision if a dispute between us arises.

18. Language

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

19. Governing Law and Jurisdiction

If your country of residence is the United States, you enter into a contract with us or a booking pertaining to the United States or you otherwise bring a claim in the United States, then these Terms of Use, and all transactions entered into on or through OYO Platform will be interpreted, construed and governed by the laws of the state of New York, United States of America and applicable United States federal law, without regard to principles of conflict of laws, and subject to the provisions of Section 19 above, User agrees that all Disputes will be subject to the exclusive jurisdiction of the federal and state courts located in the Southern District of New York, United States of America, and User hereby accedes to and accepts to submit to the personal and subject matter jurisdiction of such courts.

20. General

Local Laws; Export Control: The OYO Platform may not be appropriate or available for use in locations outside the United States of America. If you use the OYO Platform outside the United States of America, you are solely responsible for following applicable local laws.
No Waiver: Any failure, delay or forbearance on the part of OYO in: (i) exercising any right, power or privilege under these Terms of Use; or (ii) enforcing terms of these Terms of Use, will not operate as a waiver thereof, nor will any single or partial exercise by OYO of any right, power or privilege preclude any other future exercise or enforcement thereof.
Severability; Entire Agreement; Survival: The parties hereto agree that each of the provisions contained in these Terms of Use will be severable, and the unenforceability of one or more provisions of these Terms of Use will not affect the enforceability of any other provision(s) or of the remainder of these Terms of Use. These Terms of Use, together with the policies and other documents incorporated herein by reference, are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and us about the OYO Platform and Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions will survive any termination of these Terms of Use.