TERMS AND CONDITIONS APPLICABLE FOR USAGE OF RoomStayApp MOBILE APPLICATION SERVICES OWNED AND DEVELOPED BY YANTRAMATIC ESERVICES PRIVATE LIMITED (YANTRAMATIC)
1. DEFINITIONS
In these terms and conditions (hereinafter referred to as “Terms and Conditions”), the following words and phrases have the meaning stated hereunder unless indicated otherwise:
“Application” shall mean application (whether offline or online) for availing team task mobile application services of Yantramatic.
“Channels” shall mean interface of Yantramatic or interface installed at the Client's electronic communication devices like mobile or other smart devices as permitted by Yantramatic through which the Client may supply the requests for instructions to specified persons.
"Client" shall mean any Person having an account or requesting for availing the RoomStayApp mobile application services of Yantramatic pursuant to an Application and shall include its users where the context so requires.
"Locations" shall mean such locations where Yantramatic may provide RoomStayApp mobile application services of Yantramatic, and such other locations as may be intimated by Yantramatic to the Client from time to time.
"Facility" or "Services" shall mean team task mobile application services offered by Yantramatic to the Client to tack task creation, task monitoring and task execution and other task related offerings as per Annexure A to these Terms and conditions.
"Person" shall mean and include individuals, company or corporation, trust, sole proprietorship, partnership firm and any other association of persons whether registered or not.
2. APPLICABILITY
The Client shall make an Application to Yantramatic for use of the Facility. By applying for or availing the Services, the Client acknowledges as having read, understood and accepted these Terms and Conditions. These Terms and conditions along with other agreement, if any, entered into between the parties shall constitute the entire understanding between the Parties.
3. FACILITY
3.1
The Client shall make an Application to Yantramatic for use of the Facility. By applying for or availing the Services, the Client acknowledges as having read, understood and accepted these Terms and Conditions. These Terms and conditions along with other agreement, if any, entered into between the parties shall constitute the entire understanding between the Parties.
3.2 Payments
The Client shall make an Application to Yantramatic for use of the Facility. By applying for or availing the Services, the Client acknowledges as having read, understood and accepted these Terms and Conditions. These Terms and conditions along with other agreement, if any, entered into between the parties shall constitute the entire understanding between the Parties.
3.3 Services
Yantramatic shall provide Facility in such Locations as agreed by Yantramatic. Yantramatic shall be duly discharged of its obligations under the Facility as long as the instructions to the persons concerned to the Client are carried out, provided that, Yantramatic shall not be liable for any loss or delay in receipt of the such instructions or otherwise beyond the reasonable control of the Clients.
The Client shall provide all the necessary details of its Instructions appropriately as described in team task mobile application services of Yantramatic. The Client agrees to conform to the technologies, devices, and other security measures suggested by Yantramatic from time to time. Further the Client undertakes to take all reasonable steps to ensure that the accuracy, completeness, authenticity and security of the details provided is not tampered or violated at its end.
The Client hereby agrees that Yantramatic is not bound to take cognizance of any email request on behalf of the Client in respect of the team task mobile application services of Yantramatic. The Client further agrees that Services are liable to be discontinued with notice of 30 days at Yantramatic sole discretion (other than in respect of payment default, for which no notice shall be required). The Client further agrees that access to the above Services would be subject to such terms and conditions as Yantramatic may, from time to time, provide for availing of such Services and the Client agrees and undertakes to abide by all such terms and conditions.
The Client represents, confirms and acknowledges that the Services are non-secure means of communication and liable to delay, non-delivery, corruption, hacking and interception by third parties. The Client agrees that Yantramatic provides the team task mobile application services and “as is” basis without any obligation or duty to enquire into the genuineness or correctness of such communication and all such communications shall bind the Client. The Client agrees and undertakes to confirm and ratify without any delay or demur, if so required by Yantramatic, all its instructions / requests given pursuant to these Terms and Conditions.
4. FACILITY LIMITATIONS
The Client may subscribe for Storage facility of Yantramatic whereby the Client information shall be able to view the summary of information under the Facility in the manner as agreed as designed under the Facility.
Yantramatic will take reasonable steps to regularly update the information provided through Services. The Facility is provided on an “as is” and “as available” basis. Except as warranted in the Terms and Conditions, Yantramatic expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to merchantability, fitness for a particular purpose, data accuracy and completeness relating to Facility. Yantramatic does not warrant that access to the Facility will be uninterrupted, timely or error free. Yantramatic shall on a best efforts basis maintain the Facility error free. Yantramatic will not be liable for any virus that may enter the Client's system as a result of the Client using the Facility.
The Client would be permitted to access storage Facility through the modes designed in the RoomStayApp mobile application services (or its website application) through user id and password. The Client accepts the sole responsibility for use, confidentiality and protection of the user id and password and the access to the said facility. The Client shall comply with such guidelines, instructions or terms as Yantramatic may prescribe from time to time with respect to security of the password. The Client shall immediately inform Yantramatic if the Client knows or believes that the security of the password has been compromised.
5. COMMUNICATION
The Client agrees that Yantramatic may send information including data, statements and reports to the Client relating to the Facility (via electronic mail to an address designated by the Client for that purpose in the Application or separately. The Client recognizes that such information would be of a confidential nature and the information may be intercepted, read, modified or altered by any person during such transmission. The Client agrees that Yantramatic shall not be liable for any inaccuracy, error, interruption, delay in, or omission of any data or information or the transmission or delivery of such data or information nor will Yantramatic be liable for any error, omission or delay in the services provided by any internet service provider or any third-party service provider on whose performance Yantramatic is dependent for transmitting such information or data. Yantramatic. The Client confirms that the RoomStayApp mobile application services shall strictly and only be used for legally permissible commercial business us and not otherwise. In any event, the Client shall be solely responsible for any such data and the purpose of its use.
6. REPRESENTATIONS AND WARRANTIES
The Client represents to Yantramatic that:
i. The Client has full power to perform its obligations in accordance with these Terms and Conditions and has taken all necessary action, including all internal and corporate approvals, for execution of the Application and availing of the Facility.
ii. Availing of the Facility from Yantramatic does not or shall not violate or conflict with any law applicable governing the Client and/or any regulatory requirements, any provision of the Client's constitutional documents, any order or judgment of any court or other agency of government applicable to it or any of its assets or terms of any contract binding on or affecting it or any of its assets. Provided that the Client shall intimate Yantramatic of any change in any regulatory requirements, the effect of which may be to restrict or prohibit the provision of the Facility.
iii. The Client shall be solely responsible for any acts, errors, omission or fraud on the part of its employees or agents.
7. TERMINATION OF THE FACILITY
The Client may discontinue or terminate use of the Facility hereunder by giving minimum 30 days prior written notice to Yantramatic, provided that no notice shall be provided in case of payment defaults as contemplated herein above. Provided that such termination shall not affect the Client's liability to fulfill and complete its payment obligations in connection with the Facility, including without limitation. Yantramatic reserves the right to terminate or suspend the Facility, in whole or in part, forthwith, at any time without assigning any reason by notifying the Client either appropriately through its website, email, fax or letter or other communication as it may deem fit. In case of a temporary withdrawal or suspension of the Facility, the privileges may be reinstated by Yantramatic at its sole discretion.
8. LIMITATION OF LIABILITY
Yantramatic shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message of the Client.
Under no circumstances shall Yantramatic, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, negligence, loss of profits, loss of data or other intangible information, business interruption, loss of privacy, or any pecuniary loss), arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of Services or resulting from unauthorized access or alteration of transmissions or data or arising from suspension or termination of the Services or any inability of Yantramatic to receive instructions, directions, orders or other communications from the Client or to transmit any related message for any reason whatsoever, whether based on contract, tort, strict liability or otherwise. Please note, in any event, the liability of Yantramatic shall not be more that of the fees less taxes received by it in the preceding year minus outstanding amounts if any.
9. GOVERNING LAW
These Terms and Conditions is governed by and construed in accordance with the Indian law. Any legal action or proceedings arising out of these Terms and Conditions shall be brought in the courts or tribunals at Pune in India and the Client irrevocably submits to the non-exclusive jurisdiction of such courts and tribunals. Yantramatic may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms and Conditions in any other court, tribunal or other appropriate forum, and the Client hereby consents to that jurisdiction.
10. SEVERABILITY
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of these Terms and Conditions or affect such provision in any other jurisdiction.
11. NON-TRANSFERABILITY
The Facility is not transferable under any circumstance and shall be used only by the Client.
12. ASSIGNMENT
The Client shall not assign its rights or obligations under the Facility to any person. Yantramatic may assign its rights and/or obligations hereunder, at any time, to any person without notice to the Client.
13. WAIVER
No failure or delay by Yantramatic in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any other right, power or privilege. The rights and remedies of Yantramatic hereunder are cumulative and not exclusive of any rights or remedies available in law.
14. ADVERTISING OR PUBLICITY
The Client shall at no time use or associate the name or marks of Yantramatic with its own name or refer to Yantramatic in any advertising or publicity releases or during any of its promotional or marketing activities without the prior written consent of Yantramatic. However, Yantramatic may use Clients name as part of marketing materials.
15. ADVERTISING OR PUBLICITY
In connection with the Facility, the Client agrees to execute and deliver such additional documents and perform actions as may be necessary or reasonably requested by Yantramatic to carry out or evidence the transactions/services carried out or contemplated under the Facility.
16. THIRD PARTY RIGHTS
A person who is not a party to these Terms and Conditions shall have no right to enforce them.
17. DISCLAIMER
Yantramatic shall use best efforts in providing Facility to the Clients. Yantramatic shall not be liable for any non-compliance of any applicable rules and regulations by the Client in connection with the Facility. Yantramatic makes no express or implied warranty with respect to the Facility. Yantramatic makes no warranty that : (i) the Facility will meet all the requirements of the Client; or (ii) the Facility will be uninterrupted or timely. The Client shall not hold Yantramatic responsible for any breakdown/interruption/delay/failure or any technical flaw in the Website, Internet or the related services provided by Internet service providers or other telecommunication service providers and / or any consequent delay or failure in completion of any request / instruction submitted by the Client.
Yantramatic shall not be liable for any fraud, misconduct, act, omission or negligence of the agents or employees appointed by Yantramatic or the Client for the purpose of the Services hereunder. Yantramatic shall not be liable for any indirect, incidental, special, consequential or punitive damages or any other loss of profits or otherwise, whether incurred directly or indirectly or any loss of data, use, goodwill or otherwise resulting from usage of the Facility. In any event, the liability shall be limited to the amount of fees received by Yantramatic in the last financial years as reduced by the taxes levied on it.
ANNEXURE- A- Description of Services
1. RoomStayApp User can choose language out of listed languages in the App.
2. RoomStayApp User can send the REQUIREMENT by choosing the same from various options provided in the App.
3. Requirement sent by RoomStayApp user will be delivered to staff in their chosen language.
4. RoomStayApp User can choose language out of listed languages in the App.
5. RoomStayApp user can choose navigation, without entering the address to reach at Staying Address through Google App.
3. RoomStayApp user will be able to see the list of Hotels/Guest Houses etc. who have subscribed this app and are registered members of RoomStayApp.
RoomStayApp.com and Yantramatic.com
This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our App or enter information on our site.
Register on my App
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
We do not use vulnerability scanning and/or scanning to PCI standards.
An external PCI compliant payment gateway handles all CC transactions.
We do not use Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
We do not use cookies for tracking purposes
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off .
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.
Third-party links
We only use “Scan Liabrary” to crop selectively to enhance the quality of image.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
Can change your personal information:
• By logging in to your account
How does our site handle Do Not Track signals?
We don't honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We don't honor them because:
We don't require for our Web Application
Does our site allow third-party behavioral tracking?
It's also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
• Follow the instructions at the bottom of each email. and we will promptly remove you from ALL correspondence.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the email id below.
itsupport@yantramatic.com