WEBSITE TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions of Service (these “Terms”) apply to CosmicStays.com, any subdomain of CosmicStays.com, any related application for mobile devices, and any other website operated by CosmicStays or any subsidiary or affiliated entity on which these Terms and Conditions of Service are posted or linked via hyperlink (collectively, the “Site”). The Site is operated by CosmicStays, which is referred to in these Terms as “we,” “us,” “our,” or “CosmicStays”. The terms “you” and “your” refer to the person using or accessing the Site. By using or accessing the Site in any manner, you agree to comply with and be legally bound by these Terms. If you do not fully agree to these Terms without modification, you are not authorised to use or access the Site. You should carefully review these Terms, which constitute a legally binding agreement between you and CosmicStays. You are not authorised to access the Site unless you are at least 21 years old and are able to enter into legally binding contracts.

Revisions

We may change, add to, or otherwise modify these Terms in the future without prior notice. We will list the date of the last revision to these Terms at the top of this page, and any revisions will take effect upon posting. You agree that your continued use of or access to the Site after any revision constitutes your acceptance of the revised version of these Terms. Be sure to visit this page periodically to review the most current version of these Terms.

Privacy Policy and Cookie Policy

CosmicStays values your privacy. Please click here to review our current Privacy Policy and Cookie Policy. The Privacy Policy and Cookie Policy also govern your use of and access to the Site and are incorporated by reference into these Terms.

Limited Licence to Access and Use Site

Provided you comply with these Terms, CosmicStays grants you a limited, revocable, non-transferable and non-exclusive right to access and use the Site for, and limited to, any of the following purposes: searching for a vacation or short-term rental; booking or inquiring about booking a vacation or short-term rental; if you are an owner or prospective owner of a property, researching or inquiring about using CosmicStays services; logging into the owner portal for a property for which CosmicStays provides rental management or marketing services pursuant to a contract with you; researching vacation destinations; taking any of the above actions for another person for whom you are legally authorised to act; or any other purpose that is clearly stated and expressly permitted on the Site.

Prohibited Activity

Any use of the Site for any purpose that is not expressly permitted or otherwise in accordance with these Terms is prohibited. Prohibited uses of the Site include, without limitation, the uses listed below. In connection with the use of or access to the Site, you agree not to do any of the following:

  • Use the Site or its contents for any commercial purpose, except as specifically authorised by us.
  • Copy, transmit, upload, or store any part of the content of the Site for any purpose not expressly permitted by these Terms.
  • Use the Site or its contents, or attempt to use the Site or its contents, to violate, circumvent, or infringe the rights of CosmicStays or any other person or entity, including without limitation any intellectual property, contract, privacy, or publicity right.
  • Deep-link to any portion of the Site without our express written consent.
  • Use any robot, script, scraper, spider, or other manual or automated means or process to access, scrape, copy, crawl, collect, monitor, or aggregate the content of the Site or any portion of the Site, except as expressly permitted by us.
  • “Frame,” “mirror,” or otherwise replicate or incorporate any portion or aspect of the Site, including without limitation CosmicStays’s name, logo, trademarks, or proprietary information, into any other website without our express written consent.
  • Sell, offer to sell, transfer, or license any portion of the Site or its contents in any form to third parties, without our express written consent.
  • Use the Site in a manner or for a purpose that violates any national, state or provincial, local, or other law or regulation, or any order of a court.
  • Use the Site in a fraudulent manner or under false pretences, including without limitation making a reservation or reservation inquiry under a false name or address or incorrect age, using a method of payment that you are not authorised to use to pay for accommodation, or taking action that may be considered phishing.
  • Use the Site to identify, contact, or solicit a homeowner or guest for the purpose of booking or soliciting a booking of a home independent of the services offered by CosmicStays or soliciting an owner or guest to use any third-party service that is competitive with CosmicStays.
  • Use the Site to post or transmit material that is unlawful, threatening, abusive, libellous or defamatory, obscene, indecent, or sexually explicit, that discriminates or promotes discrimination against any individual or group, or that promotes illegal activities.
  • Attempt to modify, adapt, decipher, translate, decompile, disassemble, edit or reverse engineer any of the software used by us in connection with the Site.
  • Take any action that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any system used by us on the Site, or that places an unreasonable load on our servers or infrastructure.
  • Threaten to use the Site to leave negative feedback in an attempt to force CosmicStays to provide a refund or compensation if you lack an objectively reasonable belief that you are entitled to such refund or compensation under these Terms or any other agreement between you and CosmicStays.
  • Solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.

Proprietary Rights and Ownership

All contents of the Site are protected by the copyright, trademark, and other intellectual property laws of India. You acknowledge and agree that the contents of the Site are the exclusive intellectual property of CosmicStays or the applicable rights owner.

User Accounts

To access certain services via the Site, we may permit or require you to register for a CosmicStays user account. If you choose to register, you agree to provide us with true, accurate, current, and complete information, and to update such information if it changes. You agree (1) to safeguard your CosmicStays login identification and password; (2) not to disclose your login identification or password to any third party without our express written permission; (3) to take sole responsibility for any activity taken under your CosmicStays account, whether or not you specifically authorised the activity; and (4) to notify us immediately and select new a login identification and password if you believe your password for a CosmicStays account or an email account you have used to register with CosmicStays has been compromised, or if we notify you that we suspect unauthorised activity on your account. We reserve the right to terminate any user account, at any time, at our sole discretion.

Reviews and User Content

We may, in our sole discretion, permit you to post, submit, upload, or transmit via the Site a review or other content generated by you. If you post, submit, upload, or transmit a review or other content to us via the Site or for potential use on the Site (collectively, “Submissions”), you grant CosmicStays a non-exclusive, perpetual, royalty-free, transferable and fully sub-licensable worldwide licence (1) to use, reproduce, translate, modify, adapt, access, view, distribute, publish, transmit, publicly display, and create derivative works from the Submissions in any media, now known or hereafter devised, for any purpose, and (2) to use the name that you submit in connection with the Submissions. You agree and acknowledge that we may choose to provide attribution of Submissions, at our sole discretion. You further grant CosmicStays the right to pursue at law any person or entity that violates your or our rights in the Submissions by breaching these Terms. CosmicStays does not claim any right of ownership in the Submissions, and nothing in these Terms shall be deemed to remove or restrict any rights you have in the Submissions. By making any Submissions to, via, or for the Site, you represent and warrant that (1) you have full rights to the content of the Submissions, either because you are the sole and exclusive owner of such content or because you have been granted all necessary rights, licences, or consents to such content, and (2) that the Submissions do not violate any provision of these Terms. CosmicStays has the absolute discretion (but not the obligation) to pre-screen, remove, or edit any reviews or other user-generated content that may be posted on the Site. We do not guarantee and are not responsible for the accuracy, non-infringement, or legality of any review or other user-generated content that may appear on the Site.

Additional Terms May Apply to Specific Transactions; Conflicts Between Terms

If you choose to reserve a vacation rental through the Site, to use CosmicStays to provide rental management or marketing services on your behalf, or to undertake certain other transactions that may be accessible from the Site, you acknowledge and agree that you may be required to enter into one or more separate agreements or waivers, which may contain different or additional terms and conditions. If a conflict exists between these Terms and the terms and conditions of a specific separate agreement, waiver, or service, the terms and conditions of the specific agreement, waiver, or service will control.

Foreign Currencies and International Transactions

CosmicStays may, but is not obligated to, display rental and other fees for vacation rentals in the India in foreign currencies, or display fees for vacation rentals outside India in Indian Rupees. Any display of fees in foreign currencies is provided as a convenience and for informational purposes only and does not necessarily represent your final cost. CosmicStays may in the future charge a currency conversion fee. You will be notified of the currency in which you will be charged for a vacation rental, and the amount of any CosmicStays currency conversion fee. You will be responsible for any currency conversion processing costs or international transaction fees your credit card provider charges.

Liability and Warranty Disclaimer

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS CosmicStays’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU CHOOSE TO ACCESS, DISPLAY, OR USE THE SITE, YOU DO SO AT YOUR OWN RISK. THE INFORMATION PUBLISHED ON THE SITE MAY CONTAIN ERRORS, INCLUDING RESERVATION AVAILABILITY ERRORS, PRICING ERRORS, AND INACCURATE OR INCOMPLETE DESCRIPTIONS OF ACCOMMODATIONS OR LOCATIONS. CosmicStays DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION PUBLISHED ON THIS SITE AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR INACCURACIES IN SUCH INFORMATION. THE SITE IS OFFERED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CosmicStays SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CosmicStays DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE ON A SECURE, UNINTERRUPTED OR ERROR-FREE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT YOU BEAR THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. IN NO CASE SHALL COSMICSTAYS OR ITS SUBSIDIARIES OR AFFILIATES (INCLUDING BUT NOT LIMITED TO THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SITE, WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COSMICSTAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

You agree to defend, indemnify, hold harmless and release CosmicStays and its affiliates, and any of their officers, directors, employees, agents, or rental owners, from and against all claims, causes of action, liabilities, demands, damages, or other costs or expenses of any kind, specifically including without limitation reasonable legal and accounting fees, brought by third parties as a result of or in any way connected with (1) your violation of these Terms, (2) your violation of the law or any rights of third parties, or (3) your access to or use of the Site.

General Provisions

These Terms (together with any other terms and conditions referenced herein, and any different or additional terms that apply to specific transactions) constitute the entire agreement between you and CosmicStays with respect to your use of and access to the Site, and supersede all prior or contemporaneous electronic, oral or written understandings or communications between you and CosmicStays with respect to the Site. Any failure by CosmicStays to enforce any provision of these terms shall not be construed as a waiver of future enforcement of that provision or of any of CosmicStays’s rights and privileges. If any provision of these Terms is held invalid pursuant to applicable law, that provision will be enforced to the maximum extent possible and the other portions will be deemed valid, and so far as is reasonable and possible the intent of the parties hereto will be given full effect.