TADKASTAYS HOST MARKETPLACE AGREEMENT
Version: [tt01]
Effective Date: [01:04:2026]
Platform: tadkastays.com
Legal Entity: [Scope Tadka Analytics Pvt Ltd.]
CIN/LLP/Proprietorship details,
Registered Address: 106/107, Kailash Commercial Complex, Gala Udyog, L.B.S Road, Vikhroli (W), Mumbai (400083)
Support Email: support@tadkastays.com
Grievance Email: grievance@tadkastays.com
1. Acceptance and Binding Effect
1.1. This Host Marketplace Agreement (“Agreement”) is a legally binding contract between [SCOPE TADKA ANALYTICS PVT LTD], operating the Tadkastays platform (“Tadkastays”, “we”, “us”, “our”), and the individual or entity completing host registration or otherwise using host-side features of the Tadkastays website, mobile site, web app, mobile app, dashboard, APIs, forms, widgets, communications, or services (“Host”, “you”, “your”).
1.2. By checking the acceptance box, clicking any button marked “Register”, “Continue”, “Verify”, “Create Host Account”, “Submit”, “I Agree”, or any equivalent button, completing OTP verification, or accessing or using host services after being shown this Agreement, you:
(a) confirm that you have read and understood this Agreement;
(b) agree to be bound by it;
(c) consent to contract formation through electronic means; and
(d) acknowledge that your acceptance may be evidenced by electronic records, OTP logs, timestamps, IP address, device/browser data, account activity, and related system logs.
1.3. If you are accepting this Agreement on behalf of a company, partnership, trust, family office, LLP, HUF, proprietorship, owner group, property manager, or other entity, you represent and warrant that you have full authority to bind that person or entity.
1.4. If you do not agree, you must not register, verify, upload, list, subscribe, purchase any promotional feature, or use any host service.
2. Nature of Tadkastays and Scope of Services
2.1. Tadkastays is a digital marketplace, lead-generation, and visibility platform for vacation home properties, resorts, villas, bungalows, apartments, homestays, and such other accommodation categories as Tadkastays may permit from time to time.
2.2. Unless expressly agreed in writing under a separate signed module, Tadkastays is not:
(a) the owner, co-owner, lessee, lessor, operator, hotelier, property manager, or on-ground manager of your Property;
(b) your broker, travel agent, payment aggregator, collection agent, fiduciary, insurer, or guarantor;
(c) a party to the stay contract between you and any guest; or
(d) responsible for staffing, housekeeping, maintenance, front desk, food service, transport, safety supervision, legal licensing, tax filing, police registration, or any on-ground operation of your Property.
2.3. Tadkastays may provide listing, discovery, lead delivery, promotional placement, advertising inventory, campaign tools, analytics, dashboards, content moderation, communication tools, support, fraud monitoring, and related marketplace services.
2.4. Tadkastays does not guarantee bookings, occupancy, rankings, impressions, clicks, enquiries, revenues, or conversion rates.
3. Definitions
For this Agreement:
3.1. “Account” means the Host account created on Tadkastays.
3.2. “Guest” means any person who views, enquires about, contacts, books, or seeks to book a Property.
3.3. “Lead” means any enquiry, call intent, WhatsApp intent, message, booking request, contact submission, or interest event generated through the Platform.
3.4. “Listing” means the profile, page, inventory record, or promotional display for a Property on Tadkastays.
3.5. “Property” means any vacation home property, resort, villa, bungalow, apartment, homestay, room, estate, or approved accommodation inventory listed by you.
3.6. “Subscription Plan” means any paid or unpaid listing package or tier.
3.7. “Sponsored Listing” means any paid visibility placement, featured slot, promoted result, or ranking boost purchased by the Host.
3.8. “Offer Banner” means any paid banner, ad tile, promotional creative, offer strip, or other paid visibility format made available by Tadkastays.
3.9. “Host Content” means any text, images, videos, logos, rates, policies, documents, offers, badges, or other material uploaded, submitted, sent, or approved by the Host.
3.10. “Applicable Law” means all laws, rules, regulations, notifications, directions, codes, circulars, orders, judgments, and local requirements applicable to the parties, the Platform, the Property, and the services.
4. Eligibility, Authority, and Host Identity
4.1. You represent and warrant that:
(a) you are legally competent to contract under Applicable Law;
(b) you own the Property or have valid written authority from the owner or lawful occupier to list and market it;
(c) all registration details, identity details, business details, tax details, and contact details provided by you are true, complete, current, and not misleading; and
(d) your registration, listing, and use of Tadkastays do not violate any contract, court order, mortgage condition, lease, society rule, local rule, tourism rule, zoning restriction, or governmental requirement.
4.2. Tadkastays may require KYC, identity proof, address proof, PAN, GST details where applicable, business registration records, authority letters, bank proof, phone verification, email verification, video verification, Property documents, compliance certificates, or any other verification material.
4.3. Tadkastays may reject, suspend, hold, re-verify, or terminate any Account or Listing if we reasonably believe that identity, authority, legality, authenticity, or compliance is incomplete, false, inconsistent, suspicious, or unverifiable.
5. Account Creation, Credentials, OTP, and Verification
5.1. You must create and maintain only such Accounts as Tadkastays permits. Dummy, proxy, duplicate, misleading, or impersonation Accounts are prohibited.
5.2. You are responsible for:
(a) maintaining the confidentiality of login credentials, OTPs, links, session tokens, devices, and access methods;
(b) all activity under your Account, whether or not expressly authorized by you, unless caused solely by Tadkastays’ own proven fault; and
(c) notifying Tadkastays immediately of unauthorized access, credential compromise, or suspicious activity.
5.3. Tadkastays may rely on OTP validation, device trust signals, IP logs, browser fingerprints, clickstream evidence, email confirmations, and account actions as evidence of use, authorization, acceptance, instruction, or approval.
5.4. You shall not share OTPs, allow third-party misuse of your Account, use bots or scripts to create or manage Accounts without permission, or bypass verification workflows.
6. Property Legality and Host Compliance Warranties
6.1. For each listed Property, you represent, warrant, and covenant that:
(a) the Property lawfully exists and is lawfully operated;
(b) you have all approvals, consents, registrations, certificates, permissions, and permissions from owner, society, local body, panchayat, municipality, tourism authority, fire authority, police authority, tax authority, pollution authority, and any other regulator, to the extent required;
(c) guest accommodation at the Property is lawful;
(d) the Property is safe, habitable, and maintained to a commercially reasonable standard;
(e) the Property and its operation comply with Applicable Law, including consumer, tax, advertising, privacy, anti-fraud, and cyber requirements applicable to you.
6.2. You remain solely responsible for determining and maintaining local legal compliance for your Property, rates, taxes, guest documentation, check-in rules, cancellation terms, refunds, and operational obligations.
6.3. Tadkastays may request supporting documents at any time and may suspend a Listing pending review.
7. Listing Accuracy and Host Content Standards
7.1. You must ensure that every Listing and every Host Content item is accurate, complete, current, and not misleading.
7.2. Without limitation, you shall accurately state:
(a) Property name and location;
(b) ownership/operation status;
(c) category, room count, occupancy, amenities, inclusions, exclusions, and restrictions;
(d) rates, taxes, extra charges, deposits, cleaning fees, cancellation terms, refund rules, check-in/check-out rules, and payment terms;
(e) pet policies, alcohol policies, event policies, accessibility limitations, and guest restrictions;
(f) availability status; and
(g) any safety limitation, renovation, material deficiency, or condition that a reasonable guest would consider important.
7.3. You shall not:
(a) upload fake, doctored, stock, stolen, AI-manipulated, or materially misleading images without clear disclosure where required;
(b) misstate amenities, views, distances, exclusivity, star-rating, safety standards, or legal status;
(c) advertise unavailable offers, fake discounts, or fabricated urgency;
(d) conceal mandatory charges; or
(e) state or imply facts you cannot substantiate.
7.4. Tadkastays may edit formatting, titles, categories, placement, or metadata for moderation, quality control, platform consistency, or legal compliance, without changing the commercial substance you submitted unless required for compliance or approved by you.
8. Direct Enquiries, Direct Bookings, and Direct Payments
8.1. Under Tadkastays’ standard subscription-led marketplace model, guests may discover your Property and contact you directly through call, message, WhatsApp, enquiry forms, or other communication channels enabled by the Platform.
8.2. Unless expressly stated otherwise in a separate written product module, booking negotiations, confirmation terms, guest screening, acceptance or rejection of enquiries, refunds, payment collection, settlement, and stay management are solely between you and the Guest.
8.3. Tadkastays does not collect, hold, settle, or guarantee booking payments under the standard marketplace model.
8.4. You are solely responsible for:
(a) the legality and enforceability of your stay contract with Guests;
(b) pricing and any negotiated deviations;
(c) advance collection, refund handling, final payment, tax invoices, and settlement;
(d) cancellations, reschedules, disputes, non-show handling, damage claims, and guest complaints related to the stay.
8.5. Tadkastays shall not be liable for guest default, failed payment, chargeback, refund dispute, or any oral or written promise made by you or a Guest.
9. Subscription Plans, Fees, Taxes, and Renewal
9.1. Listing and promotional services may be subject to Subscription Plan fees, promotional fees, taxes, and other charges disclosed at checkout or in plan documents.
9.2. By purchasing a plan or add-on, you authorize Tadkastays to charge the fee, taxes, and applicable charges shown to you at the time of purchase.
9.3. Unless explicitly stated in writing, fees are non-refundable once the relevant service, Listing activation, promotional inventory, campaign window, or visibility benefit has commenced.
9.4. Non-payment, failed payment, charge reversal, or disputed payment may result in suspension, downgrade, deactivation of enquiry channels, removal of sponsored visibility, or termination.
9.5. Tadkastays may offer renewal, downgrade, upgrade, and reactivation options. If auto-renewal is used, it must be separately and expressly accepted by the Host through the applicable purchase flow.
9.6. On expiry of a Subscription Plan, Tadkastays may:
(a) deactivate enquiry and communication features;
(b) remove promotional placements;
(c) downgrade visibility;
(d) keep a basic Listing page visible for informational purposes only; and/or
(e) archive or remove the Listing.
10. Sponsored Listings, Offer Banners, and Promotional Inventory
10.1. Sponsored Listings and Offer Banners are paid promotional tools intended to increase visibility or improve the presentation of offers. They do not guarantee impressions, clicks, leads, bookings, occupancy, or revenue.
10.2. Tadkastays may determine, in its sole but good-faith discretion:
(a) promotional inventory format;
(b) placement logic;
(c) campaign timing;
(d) rotation rules;
(e) labeling as “Sponsored”, “Promoted”, “Featured”, “Offer”, or similar; and
(f) suspension or rejection of creatives, offers, or campaigns for legal, policy, operational, or quality reasons.
10.3. You must ensure all promotions, offer texts, strike-through pricing, urgency statements, discount claims, inclusions, exclusions, and date-based offers are true, current, lawful, and capable of proof.
10.4. Tadkastays may publish general explanations of ranking or promotional parameters and may provide differential placement to sponsored inventory.
10.5. Promotional fees do not purchase exclusivity unless expressly stated in writing.
11. Advertising, Claims, and Consumer-Facing Statements
11.1. You shall not publish, request, approve, or allow any advertisement, Listing statement, banner, offer, badge, review prompt, keyword, or promotional message that is false, misleading, bait-based, deceptive, unlawfully comparative, disparaging, or likely to mislead a consumer.
11.2. Any claim relating to price, discount, occupancy, booking likelihood, amenities, health/safety, awards, certifications, reviews, exclusivity, “best”, “lowest”, “guaranteed”, “top-rated”, “India’s first”, “largest”, “most luxurious”, or similar superiority language must be factually supportable and legally permissible.
11.3. You shall not use:
(a) fake countdowns or false scarcity;
(b) hidden mandatory charges or drip pricing;
(c) disguised advertisements;
(d) false or manipulated ratings or reviews;
(e) surrogate or prohibited advertising;
(f) misleading before/after claims; or
(g) any creative that violates Applicable Law or platform policy.
11.4. Tadkastays may reject, edit, suspend, label, or remove any promotional content or Listing statement that presents legal, compliance, reputational, operational, or consumer-protection risk.
12. Host Service Standards and Lead Handling
12.1. You agree to use commercially reasonable efforts to respond to genuine Leads promptly and professionally.
12.2. You shall not harass, abuse, spam, discriminate unlawfully, threaten, extort, or mislead Guests.
12.3. You shall not use Tadkastays-generated Leads for unrelated marketing, unlawful profiling, resale, scraping, database building, or any purpose beyond legitimate response to the relevant Property enquiry unless independently permitted by law and consented to by the individual concerned.
12.4. You remain solely responsible for your communications, negotiations, promises, and representations to Guests.
13. Reviews, Ratings, Enquiries, and User-Generated Content
13.1. Tadkastays may collect, display, rank, suppress, moderate, summarize, translate, or remove reviews, ratings, enquiries, and other user-generated content.
13.2. You shall not:
(a) post fake reviews;
(b) procure fake reviews;
(c) suppress genuine reviews through threats, incentives, or coercion;
(d) reply abusively; or
(e) manipulate review systems.
13.3. Tadkastays may take action against review abuse, suspicious review patterns, and content that is unlawful, irrelevant, defamatory on its face, fraudulent, or policy-violative.
14. Host Content License and Intellectual Property
14.1. You retain ownership of your original Host Content, subject to the license granted below.
14.2. You grant Tadkastays a worldwide, non-exclusive, royalty-free, sublicensable, transferable (only in connection with platform operations, affiliates, service providers, or a business transfer), revocable license during the Term and for a reasonable wind-down period thereafter to host, reproduce, display, publish, communicate, distribute, resize, crop, transcode, translate, adapt for technical purposes, and use Host Content for:
(a) Listing display;
(b) marketplace promotion;
(c) search indexing and SEO;
(d) email, push, SMS, WhatsApp, and performance campaigns;
(e) social media or remarketing use relating to your Listing or Tadkastays services;
(f) moderation, fraud review, dispute handling, and legal compliance.
14.3. You warrant that you own or have valid rights to all Host Content and that Tadkastays’ use of it as permitted here will not infringe any third-party right.
14.4. Tadkastays’ trademarks, logos, interface elements, source code, content, databases, and platform IP remain Tadkastays’ exclusive property. No license is granted except as expressly stated.
15. Privacy, Cookies, IP Address Tracking, Device Data, and Security
15.1. Tadkastays may collect, receive, generate, store, process, and use personal data, business data, device data, and technical logs relating to your registration, Listing, dashboard use, communications, and transactions, in accordance with Applicable Law and Tadkastays’ Privacy Policy and Cookie/Tracking Notice.
15.2. Without limitation, Tadkastays may process:
(a) identity and contact data;
(b) KYC and authority documents;
(c) tax and business data;
(d) Property details and Listing metadata;
(e) support and grievance records;
(f) OTP records, timestamps, IP address, login history, browser type, device identifiers, cookies, local storage data, session IDs, clickstream, campaign source data, referral URLs, and fraud/risk signals;
(g) call, WhatsApp, enquiry, and communication metadata;
(h) account usage analytics and dashboard interactions.
15.3. Tadkastays may process such data for account creation, security, fraud prevention, authentication, contract performance, compliance, lead routing, analytics, product improvement, support, grievance handling, campaign attribution, promotional measurement, legal defence, record retention, and enforcement of this Agreement.
15.4. To the extent any cookie ID, device ID, IP address, or similar online identifier relates to an identifiable individual, Tadkastays shall process it as personal data in accordance with Applicable Law and its notices then in force.
15.5. Essential cookies, security logs, and technical records necessary to operate the Platform, detect abuse, preserve evidence, or comply with law may remain in use notwithstanding withdrawal of optional marketing or analytics consents, to the extent lawful and necessary.
15.6. Tadkastays may use service providers, processors, cloud vendors, communication partners, analytics vendors, fraud tools, and other vendors under appropriate contractual controls.
15.7. You agree to provide all legally required disclosures to persons whose data you upload, submit, or cause Tadkastays to process, and to obtain all legally required permissions for the same.
15.8. Tadkastays may apply encryption, access controls, logging, retention, anomaly detection, and other technical and organizational safeguards. You acknowledge that no internet system is fully risk-free and agree to use adequate device, password, and access security on your side.
16. Electronic Records, Acceptance Evidence, and Audit Trail
16.1. You agree that electronic records maintained by Tadkastays, including system-generated logs, database records, audit trails, acceptance logs, OTP events, click events, consent records, emails, notifications, screenshots, session records, IP logs, and other machine-generated evidence, shall be admissible as evidence of:
(a) account creation;
(b) acceptance of this Agreement or any updated version;
(c) purchase of a Subscription Plan or promotional module;
(d) communication dispatch or receipt;
(e) moderation actions;
(f) suspension, termination, or policy enforcement actions.
16.2. You waive any objection solely on the ground that a contract, notice, or acceptance was in electronic form.
16.3. Tadkastays may maintain such records for as long as reasonably necessary for platform operation, compliance, fraud prevention, dispute handling, contractual enforcement, or as required by law.
17. Fraud Prevention, Verification, Monitoring, and Cooperation
17.1. Tadkastays may monitor Accounts, Listings, traffic patterns, clicks, leads, reviews, creatives, payments to Tadkastays, and platform behavior for fraud, abuse, misrepresentation, cyber risk, or policy breaches.
17.2. You shall not engage in or facilitate:
(a) fake listings;
(b) forged documents;
(c) fake reviews;
(d) fake clicks, impressions, leads, or enquiries;
(e) traffic laundering;
(f) impersonation;
(g) payment fraud;
(h) phishing;
(i) scraping or database theft;
(j) credential sharing for abuse;
(k) circumvention of suspensions or caps;
(l) misleading ad claims; or
(m) any unlawful or dishonest conduct.
17.3. Tadkastays may suspend or terminate access immediately if we suspect fraud, security risk, deceptive conduct, or legal non-compliance.
17.4. You agree to cooperate promptly with reasonable document requests, investigations, consumer complaints, police requests, regulator notices, court orders, CERT-In directions, or internal fraud reviews, subject to Applicable Law.
18. Prohibited Conduct
You shall not:
18.1. violate Applicable Law or third-party rights;
18.2. list prohibited or illegal Properties or illegal uses;
18.3. publish obscene, hateful, discriminatory, defamatory, violent, or unlawful content;
18.4. transmit malware or attempt unauthorized access;
18.5. interfere with platform operation, ranking systems, campaign delivery, or security controls;
18.6. use bots, scrapers, or automated tools without permission;
18.7. reverse engineer or copy platform data at scale;
18.8. mislead consumers or Tadkastays regarding rates, refunds, taxes, ownership, or amenities;
18.9. offer any stay or service that you are not legally entitled to offer;
18.10. misuse guest contact details or Tadkastays confidential information.
19. Grievances, Consumer Complaints, and Host Complaint Handling
19.1. You shall provide Tadkastays with your current legal name, principal address, customer-facing contact details, complaint-response contact, and any other seller information Tadkastays reasonably requires for platform compliance and consumer disclosures.
19.2. You shall respond to Tadkastays or consumer complaints within 48 hours of first notice and use reasonable efforts to resolve the matter within 30 days, unless a shorter period is necessary due to safety, fraud, legal risk, or regulator instruction.
19.3. Tadkastays may forward to you consumer complaints, authority notices, takedown requests, or grievance matters concerning your Listing or conduct.
19.4. Tadkastays may, in its discretion, publish or share the status of complaint handling where necessary for transparency, legal compliance, consumer protection, or platform integrity.
20. Suspension, Takedown, and Termination
20.1. Tadkastays may suspend, restrict, hide, or terminate any Account, Listing, promotional campaign, or feature immediately, with or without prior notice, if:
(a) required by law, regulator, court, or competent authority;
(b) there is a safety, fraud, cyber, or consumer-protection concern;
(c) you breach this Agreement or any policy;
(d) you provide false or incomplete information;
(e) your Property or conduct creates legal or reputational risk;
(f) you fail verification or re-verification;
(g) fees remain unpaid; or
(h) Tadkastays reasonably concludes that continuation is commercially or legally impracticable.
20.2. Tadkastays may also take less severe actions, including warning, temporary hold, enquiry-disable, shadow hold pending review, removal of offers, ranking reduction, or requirement of corrective action.
20.3. You may close your Account by written request, subject to settlement of outstanding dues, pending complaints, legal holds, or preservation duties.
20.4. Termination does not affect accrued rights, prior obligations, payment liabilities, evidence preservation, indemnities, confidentiality, or survival provisions.
21. Confidentiality
21.1. Each party shall protect non-public business, technical, pricing, complaint, security, and commercial information of the other party disclosed in connection with this Agreement.
21.2. Tadkastays may disclose confidential information:
(a) to affiliates, professional advisers, auditors, insurers, and service providers on a need-to-know basis;
(b) to authorities where legally required or reasonably necessary;
(c) to prevent fraud, harm, or cyber incidents;
(d) to enforce this Agreement.
22. Disclaimers
22.1. The Platform and services are provided on an “as available” and “as is” basis, subject to non-excludable rights under Applicable Law.
22.2. Tadkastays disclaims all implied warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness, uninterrupted service, availability, lead quality, and performance outcomes.
22.3. Tadkastays does not warrant:
(a) that any guest is genuine, solvent, lawful, or suitable;
(b) that any Lead will convert;
(c) that any sponsored feature will deliver a particular result;
(d) that the Platform will be uninterrupted, error-free, or immune from third-party attacks.
23. Indemnity
23.1. You shall defend, indemnify, and hold harmless Tadkastays, its affiliates, officers, directors, employees, advisors, and service providers from and against any claim, action, complaint, investigation, fine, loss, damage, cost, or expense (including reasonable legal fees) arising from or relating to:
(a) your Property;
(b) your stay operations;
(c) any injury, death, loss, damage, nuisance, or unlawful condition at the Property;
(d) inaccurate Listings or false claims;
(e) your ads, offers, or consumer-facing statements;
(f) your tax non-compliance;
(g) your refund, cancellation, or payment disputes with Guests;
(h) your breach of this Agreement;
(i) your infringement of third-party rights;
(j) your unlawful processing or misuse of personal data;
(k) fraud, forged documents, fake reviews, or deceptive practices attributable to you.
23.2. Tadkastays may participate in the defence at its own cost and may require you not to settle any claim in a manner that imposes liability or admission on Tadkastays without prior written consent.
24. Limitation of Liability
24.1. To the maximum extent permitted by law, Tadkastays shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss, including loss of revenue, business opportunity, goodwill, data, occupancy, or anticipated profit.
24.2. Tadkastays shall not be liable for acts or omissions of Guests, authorities, service providers, payment failures outside Tadkastays’ control, force majeure, cyber incidents not caused by Tadkastays’ proven wilful misconduct or gross negligence, or local legal non-compliance of the Host.
24.3. Tadkastays’ aggregate liability arising out of or relating to this Agreement shall not exceed the total fees actually paid by you to Tadkastays for the specific affected service in the twelve months immediately preceding the event giving rise to the claim.
24.4. Nothing in this Agreement excludes liability that cannot lawfully be excluded.
25. Notices
25.1. Tadkastays may send notices by email, dashboard notification, SMS, WhatsApp, in-app notice, push notification, or other electronic means reasonably associated with your Account.
25.2. You consent to receipt of contractual, operational, legal, support, billing, compliance, and security notices electronically.
25.3. You are responsible for keeping your email, mobile number, and contact details current.
26. Changes to Terms, Version Acceptance, and Future Modules
26.1. Tadkastays may update this Agreement from time to time for legal, regulatory, operational, product, or commercial reasons.
26.2. Material changes may require renewed click acceptance, OTP confirmation, or version acceptance before continued use of specific services.
26.3. Tadkastays may publish supplemental terms for promotions, APIs, payment products, managed services, mobile apps, wallet systems, campaign tools, or future modules. Such supplemental terms become part of this Agreement for the relevant service once accepted by you.
27. Governing Law and Dispute Resolution
27.1. This Agreement shall be governed by and construed in accordance with the laws of India.
27.2. The parties shall first attempt in good faith to resolve disputes through written escalation within 30 days of notice.
27.3. If unresolved, the dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996.
(a) Seat and venue: [Mumbai, Maharashtra], unless Tadkastays specifies another Indian venue in the commercial order.
(b) Tribunal: sole arbitrator appointed by mutual agreement; failing agreement, in accordance with law.
(c) Language: English.
(d) This clause does not prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.
27.4. Subject to the arbitration clause, courts at [Mumbai, Maharashtra] shall have exclusive jurisdiction for interim relief, enforcement, or non-arbitrable matters.
28. Relationship of Parties
28.1. Nothing in this Agreement creates any partnership, agency, employment, franchise, fiduciary relationship, joint venture, or exclusive arrangement between the parties.
28.2. You have no authority to bind Tadkastays.
29. Force Majeure
Neither party shall be liable for delay or failure caused by events beyond reasonable control, including natural events, power failures, telecom failures, cyberattacks, war, riot, epidemic, regulatory action, internet disruption, or government restrictions, provided the affected party acts reasonably to mitigate.
30. Miscellaneous
30.1. This Agreement, together with incorporated policies and accepted supplemental terms, forms the entire agreement between the parties concerning its subject matter.
30.2. If any provision is held invalid or unenforceable, the remaining provisions shall continue in effect and the invalid portion shall be interpreted to the minimum extent necessary to make it enforceable where possible.
30.3. Tadkastays may assign or transfer this Agreement in connection with reorganization, merger, sale of business, or transfer of platform operations. You may not assign this Agreement without Tadkastays’ prior written consent.
30.4. Failure to enforce any provision is not a waiver.
30.5. Clauses which by nature should survive shall survive, including those relating to fees, liability, indemnity, confidentiality, IP, evidence, data, dispute resolution, and legal compliance.
SCHEDULE 1 – DATA, COOKIE, AND TRACKING NOTICE SUMMARY
By using host services, you acknowledge that Tadkastays may process the following categories of data for the stated purposes:
A. Identity and business data
Name, email, phone, address, entity details, PAN, GST, authority documents, bank proof, KYC records.
Purpose: onboarding, verification, account management, billing, compliance, grievance handling.
B. Listing and commercial data
Property details, pricing, inventory, policies, creatives, offers, dashboards, subscription history.
Purpose: listing operations, visibility, support, analytics, campaign delivery.
C. Technical and security data
IP address, OTP events, browser data, device type, cookie IDs, local storage, login history, session logs, clickstream, referrer/UTM data, fraud/risk signals.
Purpose: authentication, cybersecurity, fraud detection, ad attribution, record-keeping, evidence, service improvement.
D. Communication and support data
Enquiries, messages, support tickets, complaint records, moderation logs.
Purpose: guest lead routing, issue resolution, quality control, legal defence.
E. Consent and preference data
Acceptance records, version history, cookie choices, marketing opt-ins/opt-outs.
Purpose: proof of consent, compliance, preference management.
Tadkastays will provide separate privacy and cookie notices and, where required, request consent for non-essential tracking. Essential security and service-operation records may continue to be processed to the extent lawful and necessary.
SCHEDULE 2 – HOST DECLARATIONS
By accepting this Agreement, you declare that:
- You are the lawful owner or authorized representative of the Property.
- The Property may lawfully be marketed and offered for short-stay or permitted guest accommodation.
- All Listing information is truthful and capable of proof.
- You will not use Tadkastays for unlawful, deceptive, or fraudulent activity.
- You accept that Tadkastays is a marketplace and lead-generation platform, not your property manager or payment custodian under the standard model.
- You accept direct responsibility for pricing, guest communication, bookings, payments, taxes, refunds, and operations.
SCHEDULE 3 – PROMOTION AND ADVERTISING RULES
If you buy Sponsored Listings or Offer Banners:
- All offers must mention key conditions, dates, inclusions, exclusions, and limits.
- Discounts must be genuine and supportable.
- “Limited time”, “only today”, “few rooms left”, “guaranteed”, or similar urgency/performance language may be used only if true and supportable.
- Tadkastays may label the placement as sponsored/promoted/featured.
- Tadkastays may reject creatives for legal, operational, design, safety, or quality reasons.
- No campaign fee guarantees any booking or ROI.