The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of Booktonight. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.

As a minor if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false.

Before using the Website, approaching any Sales Channels or procuring the services of Booktonight, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User's dealings and transactions with Booktonight. If the User does not agree with any part of this Agreement, then the User must not avail Booktonight's services and must not access or approach the Sales Channels of Booktonight.

All rights and liabilities of the User and Booktonight with respect to any services or product facilitated by Booktonight shall be restricted to the scope of this User Agreement.

All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by Booktonight and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.

User agrees to follow all instructions provided by Booktonight which will prescribe the way such User may use the Content.

There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of Booktonight, as may be applicable. Booktonight does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.

Booktonight respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information;

Clear identification of such copyrighted work that you claim has been infringed; Location of the material on the Website, including but not limited to the link of the infringing material;

The proof that the alleged copyrighted work is owned by you; Contact information;

3.5. The aforesaid notices can be sent to Booktonight by email at sales@booktonight.in

The Website is meant to be used by bonafide User(s) for a lawful use.

User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any Photography & Videography, commercial or public purpose.

The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.

Access to certain features of the Website may only be available to registered User(s). The process of registration may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to Booktonight is true and accurate. Booktonight reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.

Booktonight will always make its best endeavors to ensure that the content on its websites or other sales channels are free of any virus or such other malware. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User's own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.

Booktonight reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, a Photography & Videography, fraudulent, against any religious beliefs, spam, or is violate of any applicable law to Booktonight.in On receiving such report, Booktonight reserves the right to investigate and/or take such action as the Company may deem appropriate.

Except with the prior registration with Booktonight as B2B agents, priority partner or a franchisee, and explicit permission of Booktonight to use the software, all hotels, resorts and homestay barred from using this software for any commercial or resale purpose. If any such bookings are detected, Booktonight reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such Hotels, Resorts and homestay. Booktonight shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Hotels, Resorts and homestay. The liability in case of such cancellations shall be solely borne by such Hotels, Resorts and homestay.

All discounts and offers mentioned on the Website are applicable only to the User(s) of Booktonight for legitimate bookings.

Unless Booktonight explicitly acts as a reseller in certain scenarios, Booktonight always acts as a facilitator by connecting the User with the respective service providers like hotels, resorts and homestays etc. (collectively referred to as "Service Providers"). Booktonight's liability is limited to providing the User with a confirmed booking as selected by the User.

Any issues or concerns faced by the User at the time of availing any such services Shall be the sole responsibility of the Service Provider. Booktonight will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.

Unless explicitly committed by Booktonight as a part of any product or service:

Booktonight assumes no liability for the standard of services as provided by the respective Service Providers.

Booktonight provides no guarantee with regard to their quality or fitness as represented.

Booktonight doesn't guarantee the availability of any services as listed by a Service Provider.

By making a booking, User understands Booktonight merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not Booktonight. Thus the ultimate contract of service is between User and Service Provider.

Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement.

If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.

The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through Booktonight. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by the Central Government, State Government, District Authorities or any other statutory body empowered to do so W.r.t use of services or for each transaction.

The services are provided on an "as is" and "as available" basis. Booktonight may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. Booktonight expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from Booktonight or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

User also authorizes Booktonight's representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.

While registering on the Website, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify Booktonight immediately in writing of any unauthorized use of their password or account or any other breach of security. Booktonight will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time.

User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User's end.

Booktonight keeps all the data in relation to booker name, address, contact number etc. secured and in an encrypted form in compliance with the applicable laws and regulations.

Booktonight adopts the best industry standard to secure the information as provided by the User. However, Booktonight cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.

The data of the User as available with Booktonight may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

In addition to the cost of booking as charged by the Service Providers, Booktonight does not charge any additional fee from end user reserves the right to charge certain fees in the nature of convenience fees or service fees. Booktonight further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.

Any increase in the price charged by Booktonight on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law. In the rare circumstance of a booking not getting confirmed for any reason whatsoever, concerned hotel/homestays/resorts may process the refund of the booking amount paid by the User and intimate the User about the same. Booktonight is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider as the case may be.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws

The User agrees and understands that all payments shall only be made to bank accounts of the respective hotels/homestay/resorts. Booktonight or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of respective bookings of the hotels/home-stays/resorts. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by respective hotels/homestay/resorts or to any personal account of any person, Booktonight shall not be held liable for the same. User shall not hold any right to recover from Booktonight any amount which is transferred by the User to any third party.

The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of Booktonight. The User shall immediately inform Booktonight if such details are demanded by any of its agents’ employees or representatives. Booktonight shall not be liable for any loss that the User incurs for sharing the aforesaid details.

Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking by the respective hotels/resorts/home-stays as per their cancellations and refund policy

Booking(s) made by the User through Booktonight are subject to the applicable cancellation policy as set out on the service provider’s website, Booktonight does not have a control over it.

Booktonight will send booking confirmation, itinerary information, cancellation, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking.

Booktonight may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.

The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by Booktonight are:

Upon the request and authorization of the User; 'Transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and In compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

The User will indemnify Booktonight against all types of losses and damages incurred by Booktonight due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on Booktonight with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

Unless explicitly provided by Booktonight in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case Booktonight shall accept any claims arising out of such scenarios.

The User shall contact the insurance company directly for any claims or disputes. Booktonight shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which include any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by respective hotels/resorts/homestays either at the time of booking or after the booking is made. In case the traveler is a minor, respective hotels/resorts/homestays may require PAN details of the parent/ guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.

The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. The User further confirms that foreign exchange, if any, purchased by User for the purpose of international travel under the current booking will be utilized for the purpose indicated above.

The User authorizes Booktonight/respective hotels/resorts/home-stays to share User/traveler data with third party (ies) for collecting or verifying PAN details of User/traveler.

International bookings made through Booktonight are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the User as per the requirement of their travel bookings and the requirements of the countries the User intends to visit or transit through.

Booktonight is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of Booktonight for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.

There can be exceptional circumstances where Booktonight and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, Photography & Videography exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of Booktonight. If Booktonight has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that Booktonight being merely a facilitator of the services and products booked cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.

The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, Booktonight’s has no obligation shall be limited refunding the booking amount, if any, received from the customer by the respective Hotels/Resorts/Homestays. Such refund shall completely discharge Booktonight from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

In no event shall Booktonight and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.

The Website may contain links to third party websites. Booktonight does not control such websites and is not responsible for its contents. If a User accesses Any third-party website, the same shall be done entirely at the User's risk and Booktonight shall assume no liability for the same.

Booktonight is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.

Booktonight does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.

The linked sites are not under the control of Booktonight and hence Booktonight is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. Booktonight is providing these links to the Users only as a convenience.

Right To Refusal By Booktonight:

Booktonight or its affiliated hotels/resorts/homestays at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.

Booktonight’s affiliated hotels/resorts/homestays will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.

In addition to other remedies and recourse available to Booktonight under this User Agreement or under applicable law, Booktonight may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:

The User is in breach of this User Agreement; or Booktonight’s affiliated hotels/resorts/homestays is unable to verify or authenticate any information provided by the User; or Booktonight believes that the User's actions may infringe on any third- party rights or breach any applicable law or otherwise result in any liability for the User, other users of Booktonight, or Booktonight itself.

Once a User has been suspended or terminated, such User shall not register or attempt to register with Booktonight with different credentials, or use the Website in any manner whatsoever until such User is reinstated by Booktonight. Booktonight may at any time in its sole discretion reinstate suspended users.

If a User breaches this User Agreement, Booktonight’s affiliated hotels/resorts/ homestays reserves the right to recover any amounts due to be paid by the User to Booktonight, and to take appropriate legal action as it deems necessary.

The User shall not write or send any content to Booktonight or Booktonight’s affiliated hotels/resorts/homestays which is, or communicate with Booktonight using language or content which is:

A Photography & Videography, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable; Contrary to any applicable law; Violates third parties' intellectual property rights; a spam; or In breach of any other part of these terms and conditions of use.

If the User violates any of the aforesaid terms, Booktonight or Booktonight’s affiliated hotels/resorts/homestays shall be at liberty to take appropriate legal action against the User.

Right To Refusal By End Service Provider:
User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through Booktonight with/without assigning any reasons or owing to reasons including but not limited to behavioral issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of Booktonight and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not Booktonight.

The User expressly undertakes to provide Booktonight with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from Booktonight.

In case Booktonight or Booktonight’s affiliated hotels/resorts/homestays discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travelers is not correct or that any fact has been misrepresented by that User, Booktonight or Booktonight’s affiliated hotels/resorts/homestays shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, Booktonight or Booktonight’s affiliated hotels/resorts/ homestays shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.

If any judicial, quasi-judicial, investigation agency, government authority approaches Booktonight or Booktonight’s affiliated hotels/resorts/homestays to cancel any booking, Booktonight or Booktonight’s affiliated hotels/resorts/ homestays will cancel the same without approaching the concerned User whose booking has been cancelled.

The User shall not hold Booktonight or Booktonight’s affiliated hotels/resorts/ homestays responsible for any loss or damage arising out of measures taken by Booktonight for safeguarding its own interest and that of its genuine customers. This would also include Booktonight or Booktonight’s affiliated hotels/resorts/ homestays denying or cancelling any bookings on account of suspected fraud transactions.

Booktonight's employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User's mobile or computer screen.

Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.

If you are ever asked for any of the aforesaid information, please report it immediately on support@booktonight.in

The User agrees to indemnify, defend and hold harmless Booktonight, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.

The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and Booktonight cannot be held responsible for the same.

User agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to

Provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:

Exhibiting any symptoms associated with COVID 19.

Refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc.

Suffering of any ailment making the User vulnerable to the virus posing a threat to the health and safety of others

In such cases Booktonight will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by Booktonight to the User subject to receipt of the same from the end service provider.

User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies has/ may come up with detailed set of guidelines or standard operating procedure (SOP) that a traveler will have to follow in order to undertake the travel.

The User agrees to abide with all such guidelines/SOP while undertaking any travel. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where the service provider or any person authorized by the Central Government, State Government or statutory body may disallow the User to undertake the travel. In such circumstances, Booktonight will not be held liable for such refusal to travel and refund, if any, shall be strictly as per the terms of the service provider.

User understands that the Central Government, State Governments and various other bodies, may mandate downloading of Arogya Setu App or submitting a self- declaration form prior to entering a transit point like airport, railway station etc. Or at the time of checking-in for a flight, into a hotel etc. Accordingly, the User must ensure downloading of Arogya Setu App on their smartphones or provide any other alternate such as self-declaration when demanded.

User undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority from time to time. User should have no medical history of the COVID-19 virus 28 days before the date of scheduled travel, especially in case of inbound travel. In this regard the User may be required to furnish a medical proof or health declaration in an applicable format.

Booktonight’s service provider AIRPAY acts as a Third Party Application Provider (TPAP) under UPI AIRPAY is a TPAP authorized by NPCI to facilitate payments through PSP Bank(s). For this purpose AIRPAY shall act as the PSP. Booktonight is a service provider participates in UPI through the PSP Bank.

Airpay and service provider (hotels/resorts/homestays) shall act as the first point of contact for all UPI related grievances/ complaints for its UPI customers. In the event the complaint or grievance remains unresolved, the User may escalate the issue to AIRPAY, followed by the User’s bank (linked to the UPI account) and NPCI thereafter, in the same order. If the User is still dissatisfied, the User may approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

FAQS

What is NPCI? National Payments Corporation of India (NPCI) is an authorized payment system operated by RBI. NPCI owns and operates the UPI payment system.

What is PSP bank? Payment Service Provider (PSP) is the banking company authorized to act as a service provider under the UPI framework. PSP engages the Third Party Application Provider (TPAP) to provide UPI services to the end- user customers.

What is TPAPs? Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.

What is Customer’s Bank?: The Bank where the end-user customer maintains his/her account that has been linked for the purpose of debiting/crediting the payment transactions made through UPI.

Who is End User Customer? The end-user customer is the individual who uses UPI payment facility to send and receive payments.

GENERAL TERMS PERTAINING TO THE USE OF UPI

Roles & Responsibilities of NPCI

NPCI owns and operates the Unified Payments Interface (UPI) platform NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement NPCI approves the participation of Issuer Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) in UPI NPCI provides a safe, secure and efficient UPI system and network NPCI provides online transaction routing, processing and settlement services to members participating in UPI NPCI can, either directly or through a third party, conduct audit on UPI participants or call for data, information and records, in relation to their participation in UPI NPCI provides the banks participating in UPI access to system where they can download reports raise chargebacks, update the status of UPI transactions etc.

Roles & responsibilities of PSP Bank PSP Bank is a member of UPI and connects to the UPI platform for availing UPI payment facility and providing the same to the TPAP which in turn enables the end-user customers / merchants to make and accept UPI payments PSP Bank, either through its own app or TPAP’s app, on-boards and registers the end-user customers on UPI and links their bank accounts to their respective UPI ID. PSP Bank is responsible for authentication of the end-user customer at the time of registration of such customer, either through its own app or TPAP’s app PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the end-user customers PSP Bank has to ensure that TPAP and its systems are adequately secure to function on UPI platform PSP Bank is responsible to ensure that UPI app and systems of TPAP are audited to safeguard security and integrity of the data and information of the end-user customer including UPI transaction data as well as UPI app security PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India PSP Bank is responsible to give all UPI customers an option to choose any bank account from the list of Banks available on UPI platform for linking with the customer’s UPI ID. PSP Bank is responsible to put in place a grievance redressed mechanism for resolving complaints and disputes raised by the end-user customer

Roles & responsibilities of TPAP TPAP is a service provider and participates in UPI through PSP Bank TPAP is responsible to comply with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI TPAP is responsible to ensure that its systems are adequately secure to function on the UPI platform TPAP is responsible to comply with all applicable laws, rules, regulations and guidelines etc. prescribed by any statutory or regulatory authority in relation to UPI and TPAP’s participation on the UPI platform including all circulars and guidelines issued by NPCI in this regard TPAP has to store all the payments data including UPI Transaction Data collected by TPAP for the purpose of facilitating UPI transactions, only in India TPAP is responsible to facilitate RBI, NPCI and other agencies nominated by RBI/ NPCI, to access the data, information, systems of TPAP related to UPI and carry out audits of TPAP, as and when required by RBI and NPCI TPAP shall facilitate the end-user customer with an option to raise grievance through the TPAP’s grievance redressal facility made available through TPAP’s UPI app or website and such other channels as may be deemed appropriate by the TPAP like email, messaging platform, IVR etc.

Dispute Redressal Mechanism Every end-user customer can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app. End-user customer can select the relevant UPI transaction and raise a complaint in relation thereto A complaint shall be first raised with the relevant TPAP in respect to all UPI related grievances / complaints of the end-user customers on-boarded by the PSP Bank / TPAP (if the UPI transaction is made through TPAP app). In case the complaint / grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where the end-user customer maintains its account) and NPCI, in the same order. After exercising these options, the end-user customer can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be. The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions The end-user customer shall be kept communicated by the PSP / TPAP by means of updating the status of such end-user customer’s complaint on the relevant app itself.

SEVERABILITY: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.

JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Thiruvananthapuram.

AMENDMENT TO THE USER AGREEMENT: Booktonight reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

CONFIDENTIALITY: Any information which is specifically mentioned by Booktonight as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.

FEEDBACK FROM CUSTOMER: Booktonight would like to know the feedback of the Users for improving its services. The User hereby authorizes Booktonight to contact the User for their feedback on various services offered by Booktonight. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to Booktonight for specific exclusion at support@booktonight.in

PRIVACY POLICY: User shall also refer to Booktonight's Privacy Policy available on Booktonight's website which governs use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by Booktonight and its affiliates in accordance with the terms of the Privacy Policy.

Role Of Booktonight And Limitation Of Liablity Of Booktonight

Booktonight acts as a facilitator and merely provides an online platform to the User to select and book a particular hotel. Hotels in this context include all categories of accommodations such as hotels, home-stays, bed and breakfast stays, farm-houses and any other alternate accommodations.

All the information pertaining to the hotel including the category of the hotel, images, room type, amenities and facilities available at the hotel are as per the information provided by the hotel to Booktonight. This information is for reference only. Any discrepancy that may exist between the website pictures and actual settings of the hotel shall be raised by the User with the hotel directly, and shall be resolved between the User and hotel. Booktonight will have no responsibility in that process of resolution, and shall not take any liability for such discrepancies.

Information From The Hotel And The Terms Of The Hotel

The hotel booking voucher which Booktonight issues to a User is solely based on the information provided or updated by the hotel regarding the inventory availability. In no circumstances can Booktonight be held liable for failure on part of a hotel to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service related issues at the hotel. The liability of Booktonight in case of denial of check-in by a hotel for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited to either providing a similar alternate accommodation at the discretion of Booktonight (subject to availability at that time), or refunding the booking amount (to the extent paid) to the User. Any other service related issues should be directly resolved by the User with the hotel.

Hotels reserves the sole right of admission and Booktonight has no say whatsoever in admission or denial for admission by the hotel. Unmarried or unrelated couples may not be allowed to check-in by some hotels as per their policies. Similarly, accommodation may be denied to guests posing as a couple if suitable proof of identification is not presented at the time check-in. Some hotels may also not allow local residents to check-in as guests. Booktonight will not be responsible for any check-in denied by the hotel due to the aforesaid reasons or any other reason not under the control of Booktonight. No refund would be applicable in case the hotel denies check-in under such circumstances.

Responsiblities Of The User

The User would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (willful/negligent) to the property of the hotel in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned hotel. Booktonight would not, in any way, intervene in the same.

The primary guest must be at least 18 years old to be able to check into the hotel.

The User has to be in possession of a valid identity proof and address proof, at the time of check-in. The hotel shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in.

Check-in time, check-out time, and any changes in those timings, will be as per hotel policy & terms. Early check-in or late check-out request is subject to availability and the hotel may charge an additional fee for providing such services.

Additional Charges By The Hotel

The booking amount paid by the User is only for stay at the hotel. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilized by the User at the hotel, including laundry, room service, internet, telephone, extra food, drinks, beverages etc. shall be paid by the User directly to the hotel.

Hotels may charge a mandatory meal surcharge on festive periods like Christmas, New Year's Eve or other festivals as decided by the hotel. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel. Booktonight will have no control over waiving the same.

Payment For Bookings And Any Additional Payments Booking of a hotel can be "Prepaid", or "Pay at hotel" as per the options made available by a hotel on the Website of Booktonight.

In "Prepaid" model, the total booking amount is paid by the User at the time of booking itself. Such total booking amount includes the hotel reservation rate, taxes, and service fees as may be charged on behalf of the actual service provider, and any additional booking fee or convenience fee charged by Booktonight.

At the hotels or Booktonight's sole discretion on case to case basis, the User may also be provided with an option to make a part payment to Booktonight at the time of confirmation of a booking. The balance booking amount shall be paid as per the terms of the bookings. For security purposes, the User must provide Booktonight with correct credit or debit card details. Booktonight may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.

For security purposes, the User must provide Booktonight with correct credit or debit card details. Booktonight may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.

Payment can be made either in INR or any other foreign exchange/currency as specified at the time of booking.

Some banks and card issuing companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. If a User has any questions about the fees or any exchange rate applied, they may contact their bank or the card issuing company through which payment was made.

Some accommodation suppliers may require User and/or the other persons, on behalf of whom the booking is made, to present a credit card or cash deposit upon check-in to cover additional expenses that may be incurred during their stay. Such deposit is unrelated to any payment received by Booktonight and solely at the behest of the Hotel.

In "Pay at hotel" model, the concerned hotel will collect the entire payment against the booking at the time of check-in. In case of international bookings, the payment will be charged in local currency or in any other currency, as decided by the hotel. For security purposes, the User must provide Booktonight with correct credit or debit card details. Booktonight may cancel the booking at its sole discretion in case such bank or credit card details as provided by the User are found incorrect.

Role Of Booktonight

BOOKTONIGHT only provides a technology platform that connects intending Hoteliers/Resorts/Homestays with Photographers and Videographers. It doesn't operate any Photography & Videography. BOOKTONIGHT also doesn't act as an agent of any Photography & Videography operator in the process of providing the above-mentioned technology platform services.

The Photography & Videography ticket booking voucher which BOOKTONIGHT issues to a User is solely based on the information provided or updated by the Photography & Videography operator regarding the seat availability.

The services, locations, fares, schedule, of Photography & Videography type, and any other details pertaining to the Photography & Videography service are provided by the respective Photography & Videography operator and BOOKTONIGHT has no control over such information provided by the Photography & Videography operator.

Limitation Of Liability Of Booktonight
In its role as a technology platform to facilitate transactions between the Photography & Videography operators and the Users, BOOKTONIGHT shall not be responsible for the operations of the Photography & Videography operator including, but not limited to the following:

• Timely departure or arrival of the Photography & Videography;

• The conduct of Photography & Videography operator's employees, representatives or agents;

• The condition of the Photography & Videography, not being up to the customer's expectation or as per the description provided by the Photography & Videography operator;

• Cancellation of the trip due to any reasons;

• The Photography & Videography operator changing a customer's seat for any reason whatsoever;

1. Online Advertising and Marketing Services
Booktonight offers a variety of services to improve a website’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact at email support@booktonight.in

Booktonight provides search engine marketing, optimization and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, local online newspapers, Facebook, YouTube and other sites. The terms and conditions of these providers all apply. Booktonight will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

2. Advertising Material
Booktonight has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorize Booktonight to develop content based on information or material provided by you or your designees and collected by Booktonight including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to Booktonight is truthful, not misleading, and that you have the authority to represent this product and service information to Booktonight. Additionally, if so contracted, you authorize Booktonight to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, articles, press releases, and blog postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. For this reason, all monthly content will be considered approved one week after the content was sent for approval unless requested edits or other communication is received from the client. Finally, you authorize Booktonight to utilize tracking phone numbers, and even record calls on your behalf, for ‘customer service’ purposes, and upon automatic notification to all incoming callers on tracking phone numbers if/when that service is contracted. Domains purchased on your behalf will be released to you within thirty (30) days after service has been terminated.

3. Unacceptable Practices
As strives to offer the very best service, there are certain guidelines and policies that must govern’ efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of’ services. Such decisions are at the sole discretion of. Unacceptable practices include, but are not limited to:

• Adult or pornographic material including, but not limited to, sexually explicit or suggestive material

• Sexually oriented products or services (e.g. escort services), or other sexually oriented material

• Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)

• Lingerie websites

• Offensive or otherwise distasteful material

• Content or language that is harmful to minors in any way

• Bulk emailing tools

• Distribution of internet viruses or other harmful or destructive activities

• Hacking and cracking

• Scams or phishing for personal information

• Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at ’ discretion)

• Illegal Gambling, gaming, lotteries, and like activities Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language

• Defamatory, hateful or revenge content or language.

• Aids to pass drug tests or aids to pass lie detector tests.

• Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism,

• Piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties

• MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products

• Reverse Funnel Systems

• Cash Gifting

• Illegal drugs or drug paraphernalia

• Alcohol sales

• Tobacco sales

• Miracle cures

• Fake documents

• Fireworks, pyrotechnics, firearms, explosives or weapons.

• Intentional or unintentional violations of any applicable local, state, national or international law.

• Reselling of email accounts or hosting accounts to third parties.

• Reselling of any services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement.

• Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email

• Links to other sites that are in violation of Booktonight’ policies and guidelines

• Other activities, whether lawful or unlawful, that deems to be in poor taste or that reflect adversely on or ’ other clients Upon the contingency which Booktonight accepts a contract for services on this list, any and all work performed will be compensated regardless of approval by Google, Bing, Yahoo, or any other outside agency.

4. Fees
You agree to pay Booktonight monthly fees to cover the cost of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated in your most recent Booktonight Contract. Booktonight may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications. All monthly fees are due at the end of each calendar month.

All credit card payments require a 3% processing fee. If an account becomes 45 days past due, all campaign activities will be paused until payment is made and the account is current. At 90 days past due, the account is to be handed over to collection.

Cardinal has the right to charge incremental media markup fees on any media accounts up to 25% to cover the additional cost of placing media.

5. Payment
The Client agrees to pay Booktonight compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the contract. As applicable. Payments shall be made on the final day of each month for Services rendered by the Company in that month. New contracts that initiate service on any day other than the 1st of the month, will be billed a prorated fee for the remaining days in that month. Invoices are delivered on or about the 15th of each month. Payment by check or credit card is due by the last day of that month (Net 15). Marketing and advertising programs may be paused if payment has not been made by payment due date; re-initiation fees may apply.

6. Term
The Booktonight Contract specifies the initial term for which program rates will be guaranteed, and will be for no less than twelve (12) months for custom programs. All agreements are auto-renewing at the then published service rates. After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party.

7. Representations and Warranties; License and Grant of Rights You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations.

8. Indemnification Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless Booktonight against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to Booktonight resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.

9. No Guarantees You acknowledge and agree that Booktonight makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. Booktonight does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query. Booktonight does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.

10. Disclaimer of Warranties To the maximum extent permitted by applicable law, Booktonight and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Booktonight services.

11. Assignment Booktonight may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.

12. Miscellaneous This Terms and Conditions of Service represent the parties’ entire agreement with regard to Booktonight’ provision of services. Agreement with these terms and conditions is upon signature of Booktonight’s Contract, and it will be binding upon you and your successors.

13. Authority The person signing the Contract certifies that (s) he is lawfully authorized to purchase services on behalf of your company.

14. Effective upon Execution Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.