Terms & Conditions

Terms of Service

Last updated at February 8, 2019

DOCO LIVING , a start-up in India with its registered office address at Shop No. 16, Guru Nanak Market, Karol Bagh, New Delhi-110005 (“DOCO LIVING”) provides an online platform for students to book accommodation. It provides booking services and connects users (who are seeking accommodation) and accommodation providers (who desire to list their accommodation on the Website and offer their accommodation to users).

Please note that DOCO LIVING is an online marketplace. DOCO LIVING only provides platform for connecting users with accommodation providers and it does not itself let or rent accommodation to users directly.

These Terms of Service set out the terms on which we offer the Services and provide the Website and on which you agree to use the Services provided by us and the Website maintained by us. Please read these Terms of Service carefully and make sure that you understand them before using the Services or the Website. By using the Website and the Services provided via the Website you confirm that you have read, understood and agree to these Terms of Service.

If you do not agree to these Terms of Service, you must cease use of the Services and Website immediately.

  1. Definitions

The following words and phrases used in this Terms of Service shall, to the extent not inconsistent with the context thereof, have the following meanings respectively:

    • “Advance Rental Payment” means the amount payable to the Accommodation Provider so as to confirm the booking and which is used to offset against Future Payments payable to the Accommodation Provider for the relevant period calculated from the Contract Start Date;
    • “Accommodation” means a bed, room, studio or house or apartment or villa or bungalow (or any part of such house or apartment or villa or bungalow) offered through the Website by an Accommodation Provider;
    • “Accommodation Provider” means the provider of Accommodation, which may be the landlord or any of his agents / brokers (as may be authorised by the landlord), listed on the Website;
    • “Booking Confirmation” refers to the confirmation email [and/or text message] sent by DOCO LIVING to the User and Accommodation Provider once a Booking Request has been accepted by the relevant Accommodation Provider and the User has paid the Booking Amount;
    • “Booking Request” means a request to book Accommodation submitted by a User on the Website;
    • “Contract Start Date” means the date of commencement of the booking Term as specified in the relevant Booking Confirmation;
    • “Verified Accommodation” means an Accommodation where the Accommodation Provider has successfully completed all the possible verification steps in relation to its Accommodation (listed on the Website) as set out on the Website;
    • “Future Payments” means and includes all future payments which a User has to make directly to the Accommodation Provider;
    • “Locations” means the cities and countries as set out on our Website;
    • “Move-In Date” means the date when the User moves into the Accommodation as specified in the relevant Booking Confirmation.
    • “Booking Amount” means the Advance Rental Payment plus taxes, Processing Fee and any other charges payable by the User on the Website while booking an Accommodation.
    • “Services” means the facilitation of bookings of Accommodation by Users with Accommodation Providers by means of the Website;
    • “Processing Fee” the fee that DOCO LIVING may charge the User upon confirmation of every Booking Request by DOCO LIVING to such User by means of the Website. It shall be calculated as a percentage of the Advance Rental Payment plus any relevant taxes charged on the Advance Rental Payment or a fixed amount (as may be determined by DOCO LIVING from time to time).
    • “Tenancy Agreement” means the tenancy agreement, lease or licence between the Accommodation Provider and the User in respect of the tenancy of the Accommodation;
    • “Term” means the term of the tenancy based on the “Contract Start” and “Contract End” date (as specified in the relevant Booking Confirmation);
    • “DOCO LIVING Referral Fee” is the fee (inclusive of taxes) that DOCO LIVING may charge the Accommodation Provider when a booking is confirmed in consideration of the Services provided by DOCO LIVING to such Accommodation Provider by means of the Website. It shall be calculated as a percentage of the Advance Rental Payment plus any relevant taxes charged on the Advance Rental Payment or a fixed amount (as may be determined by DOCO LIVING from time to time). It is then deducted from the Booking Amount that DOCO LIVING transfers to the Accommodation Provider;
    • “DOCO LIVING”, “we”, “our” and “us” are references to DOCO LIVING;
    • “User” means a user of the Website seeking Accommodation;
    • “Website” means any website maintained by DOCO LIVING including without limitation the websites at www.DoCo Living.sg and its and their subdomains, any associated social networking profiles and any applications for mobile devices that DOCO LIVING may publish from time to time; and
    • “You” means a User or an Accommodation Provider (as applicable).
  1. Website
    • The Website is an electronic platform facilitating Services amongst Users and Accommodation Provider who have registered themselves on the Website. The Website disseminations information to Users that browse, search and book Accommodation at the Locations and assists Accommodation Providers in respect of advertisement of their respective Accommodation(s) to Users.
    • DOCO LIVING provides booking services to Users and Accommodation Providers, but it does not offer Accommodation to Users on its behalf, negotiate for the acquisition or disposition of a property, or follow up work in relation to such acquisition of disposition of the property.
  1. Registration ON THE WEBSITE
    • To register with us as a prospective User / Accommodation Provider, you must meet the following criteria:
      1. You must be capable of entering into a legally binding contract under the applicable law.
      2. By accessing or using the Website or Services you represent and warrant that you are 18 years or older.
      3. You must not be a minor, un-discharged insolvent or any other person who is incompetent to contract as per the applicable laws.
      4. As a minor (below 18 years old), if you wish to use, access or transact on the Website, such use or transaction may be made only by your legal guardians or parents after registering themselves on the Website . In furtherance of the criteria mentioned under this Clause, the Accommodation Providers and the Users make the representations and warranties as set out under Annexure – I hereto.
    • DOCO LIVING reserves the right to terminate your registration and / or refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are incompetent to contract.
  1. Registration Process
    • In order to avail Services of DOCO LIVING via the Website you need to register with us as a User or an Accommodation Provider.
    • The registration process is quick and simple. You simply need to click ‘Register’ icon, and would need to provide certain basic information.
    • An Accommodation Provider would be required to provide inter alia, images and prices of Accommodation as well as information relating to the Location of the Accommodation. DOCO LIVING reserves the right to demand certain specific information related to the User and/or the Accommodation Provider, as it may deem fit.
    • A User would need to provide inter alia, educational information such as details of the university or school the User will be attending, and visa status/number. A User shall be required to provide any additional information, if any, required by any Accommodation Provider prior to execution of Tenancy Agreement.
  1. Information Displayed on the Website
    • The Website displays information, images and prices of Accommodation as well as information specifying the Location of the Accommodation. DOCO LIVING shall take reasonable endeavours to ensure that all information published on the Website is clear, accurate, complete and not misleading. We also make reasonable efforts to ensure that only Accommodation that meets certain standards of cleanliness, building safety and finishing, decor, facilities and customer service are listed on the Website. However, as we are only providing Services, we cannot guarantee this and we disclaim any liability arising out of any misrepresentation by the Accommodation Provider(s).
    • DOCO LIVING relies on Accommodation Providers to provide appropriate accurate information and to keep such information updated. Unless otherwise stated on the Website, we do not verify the accuracy or currency of any information uploaded or provided to us by Accommodation Providers. If you are an Accommodation Provider, you acknowledge and agree that you are solely responsible for the content of the information uploaded or provided to us in respect of any Accommodation listed on the Website.
    • If you are an Accommodation Provider, you must check the relevant listing information of any Accommodation offered by you on the Website including (but not limited to) its price, availability, and facilities before accepting any Booking Request sent to you via DOCO LIVING.
    • If you are a User, you acknowledge and agree that we only facilitate uploading images and videos of Accommodation(s) on behalf of the Accommodation Provider(s) (and or their agent(s)) and we will have no liability in respect of any information uploaded to the Website or provided to us by an Accommodation Provider about the Accommodation and that your proper remedy in respect of any loss or damage you may suffer arising out of or in connection with the information displayed in respect of the Accommodation is against the relevant Accommodation Provider.
    • In case of a Verified Accommodation, DOCO LIVING shall be responsible for the accuracy of the verified information that is given by the Accommodation Provider only. For avoidance of any doubt, it is further clarified that DOCO LIVING shall not be liable for any information which is not disclosed by the Accommodation Provider in respect of the Verified Accommodation. Further, DOCO LIVING shall not be liable for any changes, alterations to the Verified Accommodation after the date of completion of such verification.
    • DOCO LIVING, at its sole discretion, may remove without notice all or any part of any Accommodation listed on the Website in respect of which it receives a complaint (or otherwise conclude) that it is out of date, inaccurate or breaches the rights of a third party. We will use reasonable efforts to process and act on such complaints reasonably and promptly.
    • Users are advised to read all documentation carefully and ensure that they understand the cost of the Accommodation (i.e. the rent and any other costs) and the terms and duration of the Tenancy Agreement and any restrictions on the usage to which the Accommodation can be put.
  1. Booking Accommodation
    • Users may submit a Booking Request for Accommodation only through the Website. In order to make a Booking Request, the User must select the dates and Accommodation that he wishes to book and then click the “Request to Book” icon on the Website.
    • The User acknowledges that he is legally competent to enter into a contract such as a Tenancy Agreement as per the applicable laws of the country where the Accommodation is located. Further, the User also agrees that in the event of breach of this condition, DOCO LIVING shall be entitled to retain any Processing Fee that has been paid by the User as compensation for breach of this warranty by the User. It is the User’s responsibility to check that he can legally contract with the Accommodation Provider.
    • In order to place a Booking Request on the Website or Application, you shall be required to provide certain personal information. Such personal information may include information that can be linked to a specific individual or to identify any individual, such as name, address, mailing address, telephone number and e-mail address. Such personal information along with the User’s requirement shall be shared with the Accommodation Provider. The User will receive an email confirming that a Booking Request has been submitted.
    • Accommodation Provider shall have the sole discretion to accept or reject any Booking Request made by a User and DOCO LIVING shall have no obligation on Accommodation Provider’s behalf in decision to accept or reject the Booking Request made by the User.
  1. Confirmation of a Booking AND PAYMENT
    • The Accommodation Provider shall have sole discretion to accept or reject the Booking Request. If the Booking Request is rejected, DOCO LIVING will promptly notify the User, by an e-mail/ text-message, and immediately cancel the “Request to Book” and will make reasonable efforts to suggest other suitable Accommodations.
    • DOCO LIVING will promptly notify the User, by email/ text-message upon acceptance or rejection of a Booking Request by the Accommodation Provider (including if the Accommodation Provider cancels in accordance with these terms). In the event of acceptance of a Booking Request, an acceptance email will be sent to the concerned Accommodation Provider and User setting out the next steps.
    • Upon acceptance of the Booking Request by the Accommodation Provider, DOCO LIVING will initiate and process the payment in respect of the Booking Amount and other charges (if any applicable) in respect of the Booking Request.
    • Once a booking has been accepted and payment has been made by the User it is the User’s responsibility to:
      1. Comply with any further requirements that the Accommodation Provider may have. This may include (but not be limited to) the provision of character references and/or guarantor information, security deposit etc.; and
      2. stay in the relevant Accommodation throughout the Term, comply with the Tenancy Agreement, and to make, promptly and in full, Future Payments to the Accommodation Provider as may be required by the Tenancy Agreement.
    • The Accommodation Provider agrees that once the Booking Amount is paid by the User and is processed by DOCO LIVING, it accepts and is bound to offer the relevant Accommodation for the dates, and at the price stated on the Booking Request. Further, the Accommodation Provider needs to ensure that the property details and facilities of the Accommodation are not materially different from those stated on the DOCO LIVING’ listing. Failure to comply with this clause may result in complaints and cancellation by the User who shall be entitled to a full refund.
    • Any User’s card will only be charged after the Accommodation Provider has accepted the Booking Request in accordance with these Terms and Conditions and thereby giving rise to a booking and when the User has further accepted and paid to DOCO LIVING through a system generated link.
    • The DOCO LIVING’ system creates an authorisation for the Booking Amount, and any other charge (if applicable) by acceptance of Accommodation Provider further to which it draws and transfers funds to the Accommodation Provider.
    • DOCO LIVING shall proceed to disclose full contact details of the User with the Accommodation Provider selected by the User upon receipt of the Booking Amount from the User.
  1. Cancellation
    • Subject to these Terms of Service, if you are a User or Accommodation Provider, you may cancel your agreement with us to provide the Services at any time after you have registered with us in accordance with these Terms of Service.
    • You may terminate your agreement with us by sending an e-mail to us or by filling in the Termination Form annexed hereto. DOCO LIVING will send an e-mail to confirm your cancellation within 5 days from the date of acceptance of the Termination Form or e-mail, as applicable.
    • Subject to clause 12, You hereby acknowledge that acceptance of a Booking Request or making of a Booking Request (when accepted), as applicable, by you waives your right to cancel your agreement with DOCO LIVING to provide the Services.
    • In any event, cancellation of the agreement with DOCO LIVING to provide the Services shall have no effect on any Tenancy Agreement that may have been or will be entered into.
  1. Security Deposit
    • The Accommodation Provider may charge a deposit to rent his/her Accommodation to cover any damages that occur during his occupation of the Accommodation or any other breach by the User of the Tenancy Agreement. In this case, it is imperative that the Accommodation Provider must provide an advance notice of this deposit information, which includes the previously determined amount and the corresponding method of payment as well as the payment period, in the profile listed on the Website.
    • It is further clarified that the settlement of the deposit shall take place outside the Website, directly between the User and the Accommodation Provider so that DOCO LIVING is not responsible for the management of deposits or any claims for safe custody. We do not receive any deposit/ guarantee from a User.
    • The Accommodation Provider agrees that once the payment is made by the User and is processed by DOCO LIVING, it accepts and is bound to offer the relevant Accommodation for the dates, and at the price stated on the Booking Request and, further, that the property details and facilities of the Accommodation are not materially different from those stated on the DOCO LIVING listing. Failure to do so may result in complaints and cancellation by the User who may be entitled to a refund of the Processing Fee and Advance Rental Payment (plus taxes) by Accommodation Provider, in accordance with Clause 12 below.
  1. Tenancy Agreement
    • Upon acceptance of the terms and conditions for the occupation of the Accommodation, a Tenancy Agreement shall be executed between a User and an Accommodation Provider.
    • For avoidance of any doubt, it is further clarified that DOCO LIVING is acting solely as a marketplace to facilitate accommodation services and is connecting an Accommodation Provider and a User and, as such, shall not be a party to the Tenancy Agreement or any other agreement as may be executed between the User and the Accommodation Provider for the provision of Accommodation. Further, we shall have no responsibility or liability to you for any failure or deficiency in respect of the terms of the Tenancy Agreement, including without limitation, changes in Move- in Date and/or move-out dates.
    • DOCO LIVING disclaims all aspects of a transaction between a User and an Accommodation Provider, including (but not limited to) the quality, condition, safety or legality of the properties advertised and the ability of a User to enter into a transaction. We do not represent, or negotiate, or carry out research on the part of or act on behalf of either Accommodation Provider or User.
  1. Move-in Date
    • The User will move into the Accommodation on such date as may be specified in the relevant Booking Confirmation. DOCO LIVING shall have no responsibility in respect of any Future Payments. The listing for the Accommodation shall set out what the Future Payments constitute. For any further clarification, the user should contact the Accommodation Provider.
  1. BOOKING Cancellations
    • Subject to the Accommodation Provider’s cancellation policy, a User is permitted to cancel a Booking Request within same day from the date of placing the Booking Request on the Website. In the event of such cancellation, DOCO LIVING shall refund the Processing Fees.
    • In addition to and subject to the User’s rights to cancel under clause 8, a User may also cancel the booking in accordance with the cancellation policy chosen by the Accommodation Provider and as set out below.
    • Accommodation Providers may select one of the following cancellation policies. Once they have made a selection and notified DOCO LIVING, this policy will be in effect for all future bookings. If no selection is made, the “Strict Cancellation Policy” will be applied by default. The Accommodation Provider gives DOCO LIVING irrevocable authority to commit the Accommodation Provider to the selected (or default) cancellation policy, to process (and if necessary refund) any Booking Amount, and apply DOCO LIVING’ Referral Fee, in the manner set out below.
    • A User is permitted to cancel in the following circumstances and according to the following terms:
      1. After a booking has been made and a Tenancy Agreement has been entered into in accordance with clause 10 and/or the User moved into the Accommodation, it cannot be cancelled except pursuant to the termination provisions contained in such Tenancy Agreement;
      2. Cancellation Policy: Flexible: before the Tenancy Agreement has been entered into by the User and Accommodation Provider but after the Accommodation Provider has accepted the Booking Request and after the User has paid Booking Amount if the User notifies DOCO LIVING that he wishes to cancel:
        1. less than 30 days prior to the Contract Start Date, no refund will be due in respect of the Booking Amount (and the booking will be cancelled);
        2. more than 30 days prior to the Contract Start Date, DOCO LIVING will refund 100% of the Booking Amount (and the booking will be cancelled); and
          With respect to clause 12.4.2(a), the Accommodation Provider shall, in case of cancellation, receive the Advance Rental plus taxes that is left after DOCO LIVING’ Processing Fee and Referral Fee (if any) has been deducted from the Booking Amount. With respect to clause 12.4.2(b), the Accommodation Provider shall, in case of cancellation, will have to refund entire Security Deposit/ Advance Rental plus taxes less any Referral Fee that has been transferred by DOCO LIVING.
        3. Cancellation Policy: Strict Non-refundable: before the Tenancy Agreement has been entered into by the User and Accommodation Provider but after the Accommodation Provider has accepted the Booking Request and after the User has paid the Booking Amount if the User notifies DOCO LIVING that it wishes to cancel no refund will be due in respect of the Booking Amount (and the booking will be cancelled).
          With respect to clause 12.4.2(c), the Accommodation Provider shall, in case of cancellation, receive the Advance Rental plus taxes that is left after DOCO LIVING’ Referral Fee (if any) has been deducted.
    • For the avoidance of doubt, if a booking is cancelled by a User other than in accordance with this clause 12, DOCO LIVING will not refund the Processing Fee.
  1. DOCO LIVING’ RESPONSIBILITIES
    • DOCO LIVING shall undertake the following background checks on Users, i.e. obtaining the User’s full name, phone number, and country of residence. However, DOCO LIVING does not verify the immigration status of Users as a part of these background checks and Accommodation Providers are advised to undertake necessary checks in respect of the immigration status of any User as may be required under the applicable laws of the country where the Accommodation is located in.
    • In addition to the above and as mentioned in Clause 5, despite all checks at various levels, DOCO LIVING takes no guarantee or liability of any sort in case the User (post moving into the Accommodation) does not abide by the terms and conditions of the Tenancy Agreement. Also, DOCO LIVING is not liable for any limitation under the Tenancy Agreement between the User and Accommodation Provider. In case of non-payment of any Future Payments, DOCO LIVING shall not be held responsible on the part of the User or Accommodation Provider.
    • Further, DOCO LIVING shall not be held liable or responsible in case the Accommodation Provider fails to meet the requirement as stated under the Tenancy Agreement post the User moves in the Accommodation on dates mutually agreed upon by the User and Accommodation Provider.
  1. Your Conduct
    • You acknowledge that all information provided by you, to the Website, is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DOCO LIVING has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DOCO LIVING has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You further acknowledge that wilful provision of wrong information on this Website would constitute an act of misrepresentation, fraud and cheating.
    • While making any Booking Request and till non-payment of Booking Amount (and other payment, if applicable) in respect of a selected Accommodation, the User agrees that it shall not seek to circumvent DOCO LIVING by trying to make (or in fact making) a booking with the Accommodation Provider directly and notifying us that you have decided to not to proceed with the booking through the Website.
    • The Accommodation Provider acknowledges that by using the Website and/or the Services and/or accepting any introduction of a User in respect of selected Accommodation, it shall not seek to circumvent DOCO LIVING by trying to make (or in fact making) a booking with the User directly and notifying us that the User has decided not to make a booking. For avoidance of any doubt, it is further clarified that you shall not make a voluntary arrangement or establish contact with any User without our information.
    • By downloading and/or using the Website, you shall not upload, post, email or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or Website.
    • If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or on mobile application or any other device used to access the Website. You agree to accept responsibility for all activities that occur under your username or password. We strongly recommend that you exit from your account at the end of each session. You agree to notify the Website immediately of any unauthorized use of your account or any other breach of security.
    • You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including Clause 15 and any other provisions of these Terms of Service.
  1. Intellectual Property
    • DOCO LIVING and/or its licensor(s) are the sole owners of the intellectual property rights in the Website, including without limitations, any software, domains, and content made available through the Website. The Website is protected by copyright laws and treaties (and/or similar intellectual property laws, as relevant) around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of the contents of the Website must always be acknowledged.
    • Without limitation, this means that you cannot sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without DOCO LIVING’ prior express written consent (which may be dependent on any identified contributors).
    • DOCO LIVING grants you a non-exclusive, non-transferable, revocable, worldwide limited licence to access and make personal use of our intellectual property rights in the Services and the Website solely to the extent necessary to allow you to participate in the Service.
    • This license does not include:
      • any downloading or copying of account information for the benefit of another vendor or any other third party;
      • caching, unauthorized hypertext links to the Website and the framing of any content available through the Website;
      • uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party);
      • uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      • any action that imposes or may impose (in DOCO LIVING’ sole discretion) an unreasonable or disproportionately large load on DOCO LIVING’ infrastructure;
      • any use of data mining, robots, or similar data gathering and extraction tools.
    • You may not bypass any measures used by DOCO LIVING to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by DOCO LIVING.
    • DOCO LIVING and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of DOCO LIVING. They may not be used without DOCO LIVING’ prior express written permission.
    • By posting or distributing any content to or through the Website, unless we indicate otherwise, you:
      • grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media whatsoever;
      • represent and warrant that the content that you post or otherwise distribute (i) complies with these Terms of Service; (ii) is accurate and not misleading; and (iii) shall not expose us to any civil or criminal liability or otherwise materially adversely affect our business or reputation;
      • shall reimburse us on demand in respect of any costs, damages or expenses that might arise as a result of, or in connection with, any alleged or actual infringement of any third party's intellectual property or other rights, arising out of DOCO LIVING’ use of information submitted by you on the Website.
    • In the event of breach of this Clause, DOCO LIVING shall institute appropriate legal proceedings against you to claim damages. DOCO LIVING also reserves rights to institute proceedings in accordance with the law relating to intellectual property rights violation or infringement available to it.
  1. Security
    • The Website has reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. Whenever you change or access your account information, the Website offers the use of a secure server.
    • The Company adheres to reasonable security guidelines, protecting your personal information against unauthorized access. However, the DOCO LIVING needs to caution you that the Services and/or the Website could be vulnerable to hacking, virus attacks and your personal information may be at risk.
  1. Electronic Communications
    • Visiting the Website or sending emails to DOCO LIVING constitutes electronic communications. You hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
    • You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at support@DoCo Living.com.
  1. Privacy
    • We view protection of your privacy as a very important principle. By voluntarily providing personal data to DOCO LIVING for the booking or listing of accommodation (and given that it is reasonable that you would voluntarily provide the data so as to make use of the Services), you are deemed to consent to the collection, use or disclosure of your personal data by DOCO LIVING, including onward transmission of such personal data to User or Accommodation Provider as the case may be. We store and process your information in accordance with our current Privacy Policy available at http://DoCo Living.sg/privacy-policy and the Personal Data Protection Act 2012 in India. If you have any objection in respect of your information being collected, shared or used in the manner specified therein, please do not use the Website. Through your registration as a User or Accommodation Provider, you will have access to the personal data that is in the possession or control of DOCO LIVING, information about the ways in which the personal data has been or may have been used or disclosed by DOCO LIVING, and have the opportunity to correct any error or omission in the personal data that is in the possession or under the control of DOCO LIVING.
  1. LIMITATION OF LIABILITY
    • DOCO LIVING provides the Services and Website “as is” and without any warranty or condition, whether express, implied or statutory. To the extent permissible by laws, DOCO LIVING specifically disclaims any implied warranties of title, merchantability, or fitness for a particular purpose. You acknowledge and agree that DOCO LIVING is not responsible for the accuracy of any information published on the Website by users and does not warrant that any information appearing on the Website is accurate, true or complete. DOCO LIVING specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
    • DOCO LIVING , ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL, IN NO EVENT, BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS / SALES, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DOCO LIVING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. DOCO LIVING’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES (WHETHER IN CONTRACT OR TORT, OR UNDER ANY INDEMNITY OR OTHERWISE) SHALL IN NO EVENT EXCEED THE PROCESSING FEE OR REFERRAL FEE PAID BY USER OR ACCOMMODATION PROVIDER TO DOCO LIVING IN THE TWELVE MONTHS PRIOR TO THE ACCRUAL OF THE RELEVANT CLAIM.
    • From time to time you may use or access services, promotions and websites of third parties (including without limitation Accommodation Providers). In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
    • From time to time DOCO LIVING may run promotions or incentives for the benefit of our Website visitors, potential customers and customers. DOCO LIVING reserves the right to modify or remove these promotions at any time and may cancel any benefits or monetary payments owed to people who have not yet redeemed part or all of the benefit owed to them under the promotion. Please have a look at our FAQ’s, which you can find here, in respect of such promotions.
    • If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website / Services.
  1. Indemnity
    • You agree to indemnify and hold DOCO LIVING (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or related to your breach of this Terms of Service, or your violation of any law or the rights of a third party such as the User or Accommodation Provider including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Terms of Service or arising out of violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms of Service.
  1. Disputes
    • You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Services, the Website, DOCO LIVING’ advertising or any related transaction between you and DOCO LIVING shall be governed by and construed in accordance with India law, excluding its conflict of laws principles.
    • Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of India.
  1. Termination
    • DOCO LIVING may change or discontinue the Services and/or Website at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice. Without prejudice to our accumulated rights against you, these Terms of Service shall automatically terminate in the event you violate any of the provisions of these Terms of Service set forth herein. Upon termination of these Terms of Service, you will immediately stop using the Services and Website.
  1. General
    • These Terms of Service are agreed between you and us. No person shall have any rights under or in connection with these Terms of Service under the Contracts (Rights of Third Parties) Act.
    • If any provision of the Terms of Service is held to be illegal, invalid, or unenforceable under any present or future applicable law: (a) such provision shall be fully severable; (b) the Terms of Service shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and (c) the remaining provisions of the Terms of Service shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom.
    • Headings of this Terms of Service are for convenience only and are of no force or effect in construing or interpreting provisions of this Terms of Service.
    • Our failure to enforce any provision of these Terms of Service shall not be construed to be a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
    • You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms of Service without our prior express written consent, which consent may be withheld, delayed or conditioned.
    • These Terms of Service and Privacy Policy constitute the entire agreement between you and DOCO LIVING and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understanding between us, whether written or oral, relating to its subject matter.
    • Any translated versions of these Terms of Service shall be for convenience only. If there is any inconsistency between any of the provisions of this English language version and a translated version, the provisions of this English language version shall prevail.
  1. Amendments
    • We may update or amend these Terms of Service from time to time to comply with law or to meet our changing business requirements. We may not always be able to give you advance notice of such updates or amendments but we will always post them on the Website so that you can view them when you next log in. In such circumstances, by continuing to use the Website, you agree to be bound by the amended Terms of Service. Provided however, the Terms of Service as applicable at the time of execution of the Booking Confirmation shall continue to be applicable as they were and the amended Terms of Service shall apply on the fresh Booking Requests and fresh listing of Accommodations. For avoidance of any doubt, it is further clarified that in case the Terms of Service are amended to comply with the applicable laws and such amended terms are not acceptable to you, you shall have the option to cancel the contract with us.
    • By continuing to use the Services and/or the Website following the expiry of any right to cancel, you agree to be bound by such changes. You can review the most current version of our Terms of Service at any time by clicking on the "Terms” link located at the bottom of the Website.

Annexure – I

Representation and Warranties | Accommodation Provider

Pursuant to Clause 3 of the Terms of Services, the Accommodation Provider represents and warrants to DOCO LIVING as follows:

  1. In case of a business, it is a duly incorporated and validly existing entity under applicable law and has the power to carry on its business as currently conducted.
  2. It has the full power and authority to enter into and perform its obligations under the Terms of Service.
  3. The execution, delivery and performance of the matters covered under the Terms of Services has been duly and validly authorized by all necessary actions on its part and the Terms of Service constitutes a legal, valid and binding obligation and is enforceable against it in accordance with its terms.
  4. The Accommodation and any other related services is free from any deficiency and shall be in strict compliance with all specifications or other requirements as may be notified to DOCO LIVING.
  5. The provision of Accommodation by the Accommodation Provider is in conformity with all regulatory requirements.
  6. All information provided by you, to DOCO LIVING, is true, accurate, current and complete.
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