PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
This website www.purastays.com ("Website") is owned and operated by Pura Holidays & Stays Private Limited ("Pura Stays"), a company incorporated under the laws of India, having its registered place of business at Flat 601, Tower 7, The Close North, Nirvana Country, Sector 50, Gurgaon – 122018, Haryana, India and its corporate office at N14/29, Lower Ground Floor, Bougainvillea Marg, DLF Phase 2, Gurgaon – 122002, Haryana, India, which makes available information relating to various accommodations “Affiliates” listed on the Website.
Your use of the Website is an acknowledgment that you have reviewed and understood the Terms and Conditions and agree to comply with and be legally bound thereby. This agreement is effective immediately upon your accessing, viewing or using this Website. These terms and conditions govern your access to and use of the Website and the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and Services.
Pura Stays reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Website or the information, listings and services described on the Website at any time. Such modifications or changes shall be effective immediately unless otherwise stated. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. Website shall not be obliged to notify you, irrespective of the fact that you are registered or not, of any modifications made to the Usage Terms. Your access to the Website for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website at the time of such use.
Membership on the Website is free.
If you are not agreeable to all the Usage Terms in their entirety, you must not use this Website and should exit/logout immediately. Your use of the Website implies that you agree with the Usage Terms in their entirety.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Usage Terms and that you agree to be bound by these Usage Terms.
The Website is available to individuals and entities that can form legally binding contract under the laws as applicable in India. While individuals under the age of 18 may utilize/browse the Website, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. Individuals under the age of 18, may contact the hotel directly for assistance.
Pura Stays reserves the right to terminate User’s access to and refuse to provide User with access to the Website if Pura Stays discovers that User is under the age of 18 years. Furthermore Pura Stays has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.
The Website and the materials located on or through the Website are provided for informational purposes only, with the understanding that Pura Stays by the provision of these materials is not engaged in the rendering of legal or other professional advice or service. Commercial use of this Website is strictly prohibited unless you obtain prior written consent from Pura Stays. You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Website or any other material accessed through the Website including via any Linked Web Site.
Some of the information and materials contained on this Website may be provided by Affiliates who retain control over the policies and procedures implemented at their hotel. You may only use this Website to make legitimate reservations or purchases. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the Website by you and anyone using your password and login information.
Whilst Pura Stays seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Pura Stays does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Website and any Linked Web Site, including without limitation, as to merchantability, non-infringement of intellectual property rights or fitness for purpose. By providing these materials, Pura Stays do not intend to exercise any direction, oversight or control over those policies and procedures. Pura Stays is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Website including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.
The process of Booking Services from this Website may require you to disclose confidential information including Credit Card number etc. to prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this Website 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.
That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with Usage Terms, and believing the same to be true and acting on the faith thereof, Pura Stays has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Pura Stays:
(a) The User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to Pura Stays for Services ordered by the User.
(b) In the event of detecting any suspicious activity from User’s account, Pura Stays reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
(c) In a credit card transaction; User must use his or her own credit card for which User has full right and authority to validly use such Credit Card for making payment to Pura Stays. Pura Stays shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.
(d) While using the Website User shall at all times strictly comply with the payment procedure and the Usage Terms in their entirety.
(e) Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the accommodation and usage fee of the Accommodation as displayed on Pura Stays Website.
The User agrees and acknowledges that in the Website all services are offered only at the sole discretion of Pura Stays.
The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the Website by the User: (a) shall not be false, inaccurate, misleading or incomplete; or (b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or (f) shall not contain any viruses, trojan horses, worms, time bombs, cancel bots, 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 (g) shall not create liability for Pura Stays or cause Pura Stays to lose (in whole or in part) the services of Pura Stays ISPs or other service providers/suppliers. If the User contravenes the foregoing or Pura Stays has reasonable grounds to suspect that the User has contravened the foregoing, Pura Stays has the right to indefinitely deny or terminate User's access to the Website and to refuse to honour the User's request(s).
The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website. Pura Stays has endeavored to provide the most accurate, up-to-date information on this Website. However, the information, materials, Services available on this Website may inadvertently include inaccuracies, typographical errors, or outdated information. Pura Stays is not responsible for and shall not be bound to honour typographical or pricing errors on this Website. Pura Stays reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which Pura Stays believes the User has violated applicable laws or Usage Terms, orders that Pura Stays believes are harmful to Pura Stays or orders that Pura Stays believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Pura Stays neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Pura Stays expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, 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. Pura Stays shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, services, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Pura Stays shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Pura Stays’ control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website 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. Pura Stays accepts no liability for any errors or omissions, with respect to any information provided to the User.
Pura Stays makes the Services available to you through the Website only if you have provided Pura Stays certain required User information and created an account ("Account") through Pura Stays ID and password or other log-in ID and password (collectively, the "Account Information"). The Website requires you to register as a User by creating an Account so that you utilize the Services provided by the Website. 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 Pura Stays of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that you exit/log out from the account at the end of each session. Pura Stays cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by Pura Stays or any other customer or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure in keeping its Account Information secure and confidential.
Pura Stays also allows restricted access to the Website for unregistered users. At the time of registration, you shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
When you use the Website, you agree and understand that you are communicating with Pura Stays through electronic records and you consent to receive communications via electronic records from Pura Stays periodically and as and when required. Pura Stays may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that Pura Stays shall 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, Pura Stays will make best 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 Website, you agree that Pura Stays shall 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 Pura Stays shall not be held liable or responsible for 'phishing attacks' on you. User agrees that User shall not use/access this Website from unsecure computers, unsecure communication links, insecure mobile phones. You may accept or decline the cookies when you accesses Pura Stays’ Website. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
The User agrees, acknowledges and confirms that before placing any order, the User shall check the Service description and price carefully and by placing an order for a Service, you agree to be bound by the Usage Terms and conditions of sale included in the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look displayed on Pura Stays Website.
User hereby agree and understand that he will have to pay the usage fee as mentioned on the Website/Application for the concerned Accommodation via the payment mode provided on the Website/Application post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, Pura Stays will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
Pura Stays uses third party payment providers to receive payments from User. Pura Stays is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Pura Stays 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.
User and Pura Stays shall comply with all the applicable laws applicable to them respectively for using payment facility and the Website.
Pura Stays shall have no liability to the User for any interruption or delay, to access the Website/Application irrespective of the cause.
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to Pura Stays herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold Pura Stays harmless including but not limited to its affiliate, 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 Pura Stays that arise out of or related to your use or misuse of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you.
Pura Stays shall not be liable for any damages of any kind whatsoever including but not limited to direct, 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 this Website or any of the information, software, services and related graphics contained within the Website or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Pura Stays has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, PURA STAYS'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF PURCHASING / BROWING THE WEBSITE SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
Information, references of domain name, trademarks, logos, brand names, service marks, drawings, images, illustrations, artwork, videos, music, sounds, photographs, text, graphics, trade names, trade dress and other valuable trade or service marks or files contained in the Website are either owned exclusively by Pura Stays or licensed by Pura Stays and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of Pura Stays. Without limitation you may not, without such approval from Pura Stays, create derivative works from any part of the Website or commercialize any information, products or services obtained from any part of the Website. Information procured from a third party may be the subject of copyright owned by that third party.
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to Pura Stays or this Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Pura Stays to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this Website and that use of his/her content by Pura Stays shall not infringe upon or violate the rights of any third party. Pura Stays, its mark and logo are trademarks of Pura Holidays & Stays Private Limited. You understand and agree not to display or use these trademarks in any manner whatsoever.
As a pre-condition of use of this Website, User warrants to Pura Stays that User shall not use this Website for any purpose that is unlawful, unauthorized, or inconsistent with Usage Terms, and the User agrees that this license to use Pura Stays Website will terminate immediately upon User's violation of this warranty. Pura Stays reserves the right, at its sole discretion, to block/terminate User's access to this Website and its content at any time, with or without notice.
This Agreement, and all transactions entered into on or through Website shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Usage Terms or any transactions entered into on or through the Website or the relationship between User and Pura Stays shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and User hereby accede to and accept the jurisdiction of such courts.
Any failure, delay or forbearance on the part of Pura Stays in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by Pura Stays of any right, power or privilege preclude any other future exercise or enforcement thereof.
The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
This Website may at Pura Stays sole discretion, contain links to sites owned and maintained by persons or entities other than Pura Stays. Pura Stays may also provide links to the other sites for purpose of enabling the Customer to make payment to Pura Stays. Any of the foregoing links do not constitute an endorsement by Pura Stays of any such sites and are provided only as a convenience. Pura Stays is not responsible for the content or links displayed on such sites. Pura Stays is not responsible for the privacy practices of such sites which Pura Stays does not own, manage or control. Pura Stays does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website may be linked and Pura Stays shall not be responsible for any deficiency thereof. Pura Stays does not endorse any or all of the materials, Services, and services available on such linked sites, and Pura Stays 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 Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of Customer and is made at Customer's own risk.
In order to provide you a safe, efficient, smooth and customized experience and in order to take advantage of certain features available on the Website you will be asked to complete an online registration form which will provide us with your Personal Information such as name, address, phone number and email address. You can also register on the Website by logging into online accounts that you may have with Third Party service providers ("Third Party Account" e.g. Facebook). As part of the functionality of the Website, you may link your account with Third Party Accounts, by either: (i) providing your Third Party Account login information to us through the Website; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations. If you decide to register by logging into a Third Party Account via our Website, Pura Stays will obtain from your public profile the Personal Information you have provided to the applicable Third Party Accounts and use that information to create your account and profile page and you will become a member on the Website. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the public profile of your Third Party Account, Pura Stays will access, make available and store (if applicable and as authorized by you) the information in the public profile of your Third Party Account so that it is available on and through your account on the Website. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information obtained about those "friends" or people with whom you are associated, may also depend on the privacy settings in your Third Party Account.
This Website may contain links to third party Web Sites. Pura Stays do not share any of your information with the linked Web Site. Pura Stays is not responsible for the privacy practices of such Web Site.
Pura Stays also collect certain Sensitive Personal Data or Information to (i) facilitate your payment towards the booking of the desired hotel; and (ii) ensure that our hotels match the specifications provided by you at the time of booking. Further, may collect certain other information that may not be categorized as Personal Information as part of the registration, administration and personalization of your account profile.
While recommended that you register yourself with us to maximize your experience on the Website, this feature is optional and you may opt out of registering on the Website and continue to use the Website as a guest. However, if you choose to register on the Website, you will have to provide certain Personal Information that is necessary for us to deliver our Services.
Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience and to give you better service. Further, your personal information is used to administer a promotion and contents on the Website. Also, to reply to queries of the various authorities in regard to your accessing of the Website and services availed by you.
Pura Stays may offer email, short message service (sms), multimedia message service (mms) or other forms of communication to respond to any queries that you may have, to provide any information in connection with the bookings made by you, to ensure that the Services have been provided to you in a timely manner and also to share information with you about certain promotions or features the Website may choose to offer, or about our affiliates, subsidiaries, business partners, advertisers and sponsors. You may receive such communication when you have registered as a user. If at any time you would like to unsubscribe from receiving future emails, you can email us and you will be removed from future correspondence.
In addition to the cookies, may also collect information to enable us to better understand you to improve your user experience. In an effort to make the Website effective and in order to improve the Website, certain information may be collected each time you access the Website. Such information or data may include, but shall not limit to, IP address, pixel tags, your server details, duration of your visit, date, time or purpose of your visit.
Pura Holidays & Stays Private Limited
N14/29, Lower Ground Floor
Bougainvillea Marg, DLF Phase 2
Gurgaon – 122002, Haryana, India