OYOOS Terms and conditions of Use

1. TERMS OF USE

By downloading, browsing, accessing or using the OYO OS Platform website located at [www.oyoos.com] or the OYO OS Platform, OYO FOOD, OYO KEEP mobile application (hereinafter collectively, the OYO OS Platform) on any device and/or before availing any services offered on the OYO OS, you agree to be bound by these Terms and Conditions of Use (hereinafter referred, “Terms and Conditions of Use”). In these Terms and Conditions of Use “we”, “us”, or “our” refers to OYO and “you” or “your” refers to you as the User of the OYO OS Platform. These Terms and Conditions of Use constitute a legally binding agreement between you and OYO governing access to and use of the OYO OS Platform. We reserve the right to amend these Terms and conditions of use at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the OYO OS Platform and your use of the services offered on the OYO OS Platform.

2. DEFINITIONS

In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:

  1. Account means an account created by a User on the OYO OS Platform as part of Registration.
  2. Company refers to an entity known by the name Oravel Stays Singapore Pte. Limited, duly registered under the laws of Singapore, having its registered office at 4 Battery Road, #25-01 Bank of China, Singapore, 049908
  3. Register means to create an Account on the OYO OS Platform and "Registration" means the act of creating such an Account.
  4. Services means all the services provided by Company via the OYO OS Platform to Users, and "Service" means any one of them.
  5. Users means users of the OYO OS Platform, including you and "User" means any one of them.

3. GENERAL ISSUES ABOUT THE SERVICES AND THE OYO OS Platform

  1. Applicability of terms and conditions: The use of any Services on the OYO OS Platform are subject to these Terms and Conditions of Use.
  2. Scope: The OYO OS Platform is intended solely for use by Users who access the OYO OS Platform. The OYO OS Platform is for business purposes and must not be used for non-commercial or personal use.
  3. Prevention on use: We reserve the right to prevent you from using the OYO OS Platform and from availing the Services (or any part of them).
  4. Equipment and Networks: To use any Services offered by the OYO OS Platform, you will require internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the OYO OS Platform. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the OYO OS Platform or any such third party charges as may arise. You accept responsibility for any such charges that arise.

4. YOUR OBLIGATIONS

  1. Terms: You agree to abide by the Terms and Conditions of Use of the OYO OS Platform, as may be amended from time to time.
  2. Eligibility: You warrant that you are at least 18 (eighteen) years of age and can enter into binding contracts.
  3. Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate. You undertake that any information submitted through your Account, in all respects, be complete, true, accurate and not misleading. You are obliged to inform the Company immediately, by contacting us at techsupport@oyorooms.com, on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of your access data or of your User Account.
  4. Prohibitions in relation to usage of Services on OYO OS Platform: Without limitation, you undertake not to use or permit anyone else to use the Services on the OYO OS Platform:-
    1. to send or receive any material which is not civil or tasteful
    2. to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
    3. to send or receive any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
    4. to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
    5. for a purpose other than which we have designed them or intended them to be used;
    6. for any fraudulent purpose;
    7. other than in conformance with accepted internet practices and practices of any connected networks;
    8. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
    9. in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
  5. Prohibited conduct in relation to usage of Services on OYO OS Platform: Without limitation, you further undertake not to or permit anyone else to:-
    1. furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
    2. attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
    3. execute any form of network monitoring which will intercept data not intended for you;
    4. enter into fraudulent interactions or transactions with us;
    5. extract data from or hack into the OYO OS Platform;
    6. use the Services on the OYO OS Platform in breach of these Terms and Conditions of Use;
    7. other than in conformance with accepted internet practices and practices of any connected networks;
    8. engage in any unlawful activity in connection with the use of the OYO OS Platform or the Services; or
    9. engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other user from properly using or enjoying the OYO OS Platform or Services.

5. RULES ABOUT USE OF THE SERVICES AND THE OYO OS Platform

  1. We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services provided on the OYO OS Platform will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at techsupport@oyorooms.com.
  2. We do not warrant that your use of the Services on the OYO OS Platform will be uninterrupted and we do not warrant that any information (or messages) transmitted via the OYO OS Platform will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the OYO OS Platform , access to the Services and the OYO OS Platform may be suspended, restricted or terminated at any time.
  3. We do not give any warranty that the OYO OS Platform is free from viruses or anything else which may have a harmful effect on any technology.
  4. We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the OYO OS Platform from time to time. Your access to the OYO OS Platform and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the OYO OS Platform at any time.
  5. We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

6. SUSPENSION AND TERMINATION

  1. If you use (or anyone other than you, with your permission uses) the Services and/or the OYO OS Platform in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or OYO OS Platform.
  2. If we suspend the Services or OYO OS Platform, we may refuse to restore the Services or OYO OS Platform, for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
  3. Without limitation to anything else in this Clause 6, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or OYO OS Platform; (b) suspend your use of the Services and/or OYO OS Platform; and/or (c) suspend the use of the Services and/or OYO OS Platform for persons we believe to be connected (in whatever manner) to you, if:
    1. you commit any breach of these Terms and Conditions of Use;
    2. we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
    3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
  4. Our rights under this Clause 6 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

7. DISCLAIMER AND EXCLUSION OF LIABILITY

  1. The OYO OS Platform, the Services, the information on the OYO OS Platform and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
  2. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the OYO OS Platform and its contents, including in relation to any inaccuracies or omissions in the OYO OS Platform, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
  3. We do not warrant that the OYO OS Platform will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the OYO OS Platform will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
  4. While we may use reasonable efforts to include accurate and up-to-date information on the OYO OS Platform, we make no warranties or representations as to its accuracy, timeliness or completeness.
  5. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the OYO OS Platform, or electronic mail transmitted to and from us, will not be monitored or read by others.

8. INDEMNITY

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by the Company, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

9. INTELLECTUAL PROPERTY RIGHTS

  1. All editorial content, information, photographs and other graphic materials, and names, logos and trade marks on the OYO OS Platform are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
  2. Nothing contained on the OYO OS Platform should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the OYO OS Platform without our written permission. Misuse of any trademarks or any other content displayed on the OYO OS Platform is prohibited.
  3. We will not hesitate to take legal action against any unauthorized usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

10. AMENDMENTS

  1. We may periodically make changes to the contents of the OYO OS Platform, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the OYO OS Platform.
  2. We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the OYO OS Platform and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

11. APPLICABLE LAW AND JURISDICTION

  1. The OYO OS Platform can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the OYO OS Platform both you and we agree that the laws of Singapore will govern and apply to all matters relating to the use of the OYO OS Platform.
  2. You accept and agree that in case of any dispute arising out of or in connection with these Terms and Conditions of Use, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. Arbitration proceedings shall be conducted before a Sole Arbitrator to be mutually appointed by you and the Company.

12. Privacy Policy

Access to the OYO OS Platform and use of the Services offered on the OYO OS Platform by the Company is subject to this Privacy Policy. By accessing the OYO OS Platform and by continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed and for the purposes set out in this Privacy Policy. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the OYO OS Platform and your use of the Services.