Our Terms of Service
Welcome to CHAYA!
CHAYA APP LIMTED (“CHAYA”, “we,” “us,” or “our”) is a technology company [headquartered in Dhaka, Bangladesh,] which provides a peer-to-peer online marketplace allowing users to connect and communicate with each other to offer and book spaces in Bangladesh.
CHAYA was conceptualised when its founders noticed a gap in the market – the quintessential need to connect [space owners, indwellers and other hosts and space providers] to a multitude of people who wishes to utilise their spaces. Simply put, CHAYA through its website and mobile application aims to provide access to an extensive catalogue of creative spaces hitherto unavailable to renters [and seeks to cater to its growing demand in a highly dynamic and fast-moving society], allowing under-utilised offices, meeting rooms, locations, halls and auditoriums, and other areas to be utilised to its maximum capacity, and owners of other commercial and residential property to optimise the utility of such spaces and upturn income. We simply serve as an [internet service provider, an online intermediary and an online aggregator], to connect you with a world full of possibilities!
- This Agreement is supplemented with additional policies (“Additional Policies”) and undertaking (“Undertaking”), which is hereby incorporated by reference and which shall apply to you on each instance you access or use the Platform or avail the Services, from anywhere in the world. CHAYA reserves the right to supplement, amend, vary or modify the Additional Policies or the Undertaking, as it deems necessary or appropriate, in its absolute discretion, and such supplemental, amended, varied or modified Additional Policies and Undertaking, as applicable, shall be deemed to be effective on and from the date it has been published on the Platform.
- You hereby acknowledge that it is your sole responsibility to ensure that you are, at all material times, apprised and aware about the terms and conditions of the Agreement, the Additional Policies and Undertaking (or any supplement, amendment, variation or modification relating thereto). Whist we shall endeavour to bring to your attention any amendment, variation or modification to the Agreement, the Additional Policies and Undertaking from time to time, you hereby waive right to specific notice.
- The Agreement, the Additional Policies and the Undertaking are in digital format and do require any wet signature or e-signature. If you do not wish to enter into a legal relationship with CHAYA, or be bound by the terms and conditions of the Agreement, the Additional Policies and the Undertaking, you may not access or use the Platform or avail the Services. We recommend that you uninstall and/or log out of the Platform and cease to avail the Services immediately. If you choose to access or use the Platform and/or avail the Services, you will be deemed to have read, understood and agreed to the terms and conditions of the Agreement, the Additional Policies and the Undertaking, as amended, revised or updated at the time you have accessed, used or availed the Platform or the Services, as appropriate.
- The Platform may be accessed and used, and the Services may be availed, by only such persons who, and entities which, are competent to enter into a legally binding contract under the applicable laws. If you are a person, you hereby acknowledge and confirm that you have reached at least 18 (eighteen) years of age or the age of majority in your jurisdiction, whichever is greater, and that, if not, you hereby confirm that you have obtained the permission of your legal guardian to access or use to Platform and/or avail the Services. If you are accessing or using the Platform, or availing the Services, on behalf of an entity, you hereby acknowledge and confirm that you have the requisite authority and have reached at least 18 (eighteen) years of age or the age of majority in your jurisdiction, whichever is greater. You hereby undertake that you are not barred by any competent authority, by operation of law or due to contractual obligation, to be bound by terms and conditions of the Agreement, the Additional Policies or the Undertaking. If you are incapable or disallowed from entering into a legally binding contract, or this Agreement, due to legal incapacity, you must disclose the same to CHAYA at firstname.lastname@example.org and discontinue using the Platform or availing the Services until further notice.
- Notwithstanding anything to the contrary contained in the Agreement, CHAYA reserves the right to deny access to the Platform and refuse to provide you the Services, in such manner and to such extent, at such time and for such reasons, as may deem appropriate or necessary in its absolute and unfettered discretion, with or without prior notification to you. If you believe you have been affected by such decision of CHAYA, please contact us at email@example.com.
- Any non-compliance with the provisions of the Agreement may result in termination of your access to the Platform or provision of the Service, without prior notification.
- Access and Services
- Access to the Platform is granted to both unregistered users (“Visitors”) and registered users (“Registered User”), on a limited, non-exclusive, non-sublicensable, revocable, non-transferrable basis.
- For Visitors, access to the Platform is limited to: (i) viewing all publicly accessible contents, availing all publicly available features and functionalities on the Platform; (ii) subscribing to communications, alerts, and other notifications of CHAYA; and (iii) contacting us via email (firstname.lastname@example.org), phone or contact form entry(collectively, “Visitors’ Access”). We may provide certain non-public information and services, at our sole discretion, to the Visitors, as may be necessary for the purposes of facilitating Visitors’ Access.
- CHAYA does not guarantee, and under no obligation to ensure, that Visitors would be granted Visitors’ Access. For the avoidance of any doubt, CHAYA reserves the right to reject Visitors’ Access to any or all Visitors, for such duration and for such reasons as it deems appropriate, without assigning any reason or providing prior notification, in its sole and unfettered discretion.
- Guests may be charged for additional fees associated with their use of a Space or Various Services (“Additional Fees”). These may include:
(i) Overtime Charge. Where you exceed the use limitations of a Space, additional fees will be based on the hourly rate for the Space, at one or one-and-one-half times the scheduled rate, and will be billed in 30-minute increments.
(ii) Over Capacity Fees. For over-intensive use of a Space (e.g., materially exceeding the agreed number of attendees in violation of a Supplemental Booking Agreement), in our sole discretion we may impose an additional use charge.
(iii) Damages and other Costs. While we try to avoid these situations, occasionally the terms or expectations of a Booking are not met and additional costs may be owed by a user. This may include damage to or misuse of a Space (or the personal property therein), inappropriate use of Vendor Services, excess garbage left at a Space that would require use of a hauling service, violations of the Booking Agreement or the Community Guidelines, insufficient funds or unauthorized use of a payment account, or other claims. Where any Fines are owed, you agree that we may immediately charge any payment method linked to your Account.
- For Registered Users, we provide services to  ([two]) categories of users, i.e. [space providers] (“Spacers”) and [space renters] (“Guests”). A Spacer is a Registered User who can create a personal account on the Platform (“Account”) through which creative spaces (such as rooms, conference rooms and halls, auditoriums, and other locations and areas) (“Spaces”) may be enlisted, advertised and/or offered on the Platform, whereas a Guest is a Registered User who can create an Account and request and/or book Spaces on the Platform, without the creation of any tenancy or leasehold relationship.
- Registered Users have the option to: (i) avail Visitors’ Access; (ii) access non-public information, features and functionalities available only to Registered Users; (iii) create, access, manage, and update Account; (iv) create, access, manage, share, restrict, upload, edit, and update contents on the Account or the Platform, and post comments, reviews, and other content on the Platform and/or interact with other Registered Users of the Platform (collectively, “Registered Users’ Content”); and (v) enlist, advertise, offer, provide, or book Spaces through the Platform.
- CHAYA does not guarantee that it will accept, and is under no obligation to accept, any person as a Registered User. For the avoidance of doubt, CHAYA reserves the right to, amongst others: (i) refuse to grant registration to any Visitor; (ii) cancel registration of any Registered User; (iii) restrict access to or ban the use of the Platform (or any part thereof) by any Registered User; (iv) suspend, restrict or deactivate the Account; (v) review, delete, censor, block, restrict, or take-down Registered Users’ Content or Spaces; for such duration and for such reasons as it deems appropriate, without assigning any reason or providing prior notification, in its sole and unfettered discretion.
Enlistment and Booking
- Any Spacer may enlist, advertise, or offer its Spaces on the Platform (“Enlistment” and “Enlisted Spaces”, respectively). Any Guest may reserve, request for quote[, negotiate], offer to book, or book any Enlisted Space on and through the Platform, for a particular date, for a particular duration and for a particular purpose (“Booking”).
- The Enlistment must contain all the necessary details about the Enlisted Spaces, including a description, how it may be used, the cost of a Booking, availability, a list of any facilities, current pictures, additional rules, and other details about its potential uses and condition (collectively, “Description”). The Description may include details regarding the use of any amenities, furniture, equipment, or fixtures that are part of or in the Enlisted Space (“Amenities”). For the avoidance of doubt, the Description and the Amenities must be in good working order and provided to the Guests in a safe, clean and usable condition. The Description must be accurate and give the Guests a reasonably good understanding of how they may use the Enlisted Space, including the disclosure of any deficiencies, restrictions, or applicable policies. The terms or conditions of the Enlistment or the Description must not be in conflict with the Agreement or the Additional Policies or the Contract, unless expressly permitted by CHAYA in writing.
- You, the Spacer, as a pre-condition to accept the Booking, represent and warrant that: (i) you are permitted under the Applicable Laws to engage in Enlistment and confirm a Booking; (ii) the Enlisted Spaces have all the necessary licenses, permissions and approvals and is in full compliance with the Applicable Laws; (iii) the Enlistment will not violate any agreements you have entered into with any third-party (for instance, property owner), or other agreements; (iv) you will reasonably facilitate and not obstruct the use of the Enlisted Space by the Guest; (v) you shall take all reasonable steps as are necessary for preserving and protecting the Enlisted Space and Amenities by removing and/or securing valuable, vulnerable or sensitive items; (vi) you will undertake the necessary steps to evaluate the appropriateness of the Guests, and supervise and monitor the use of the Guest of the Enlisted Space and Amenities, to the extent you determine in your sole judgment.
- The Enlistment shall be treated as an offer, which shall be deemed to have been accepted when: (i) the Booking has occurred; and (ii) the Guest has paid [security deposit / the full booking in advance] (“Space Fees”). After confirmation of receipt of the Space Fees, the Guest would be prompted to digitally “sign” a contract with the Spacer (“Contract”), which shall be legally binding on both the Spacer and the Guest. The rights and obligations of the Spacer and the Guest shall be governed by the terms and conditions of the Contract, and of the Agreement, the Additional Policies and the Undertaking. For the avoidance of any doubt, the Contract shall be solely between the Guest and the Spacer; CHAYA does not become a party to the Contract.
- Each Registered User is independent, and Spacers and Guests are independent contractors, not affiliated with, or controlled by or employed by, CHAYA.
- You understand that the Contract is the commercial equivalent of an agreement for accommodation in a hotel. The whole of the Enlisted Space remains in the Spacer’s possession and control. The Guest accepts that neither this Agreement nor the Contract creates any tenancy interest, leasehold estate or other real property interest in favour of the Guest with respect to the Enlisted Space. The rights and obligations of the Guest under the Contract are personal to the Guest and cannot be transferred to any third-party.
- Notwithstanding anything to the contrary contained in the Contact, the Spacer shall grant to the Guest a limited, temporary, non-exclusive, non-sublicensable, transferrable, and revocable license to share with the Spacer the use of the Enlisted Space on the terms and conditions of the Contract and of the Agreement, the Additional Policies and the Undertaking, and as confirmed through the Platform.
- You hereby acknowledge and agree that you shall only use the Platform to transact with other Registered User, whether a Spacer or a Guest, and you are under no circumstance permitted to circumvent the Platform in order to book or use any Enlisted Space or pay Space Fees or any portion thereof (“Transaction”). Whilst you are permitted to communicate with a Registered User outside the Platform or meet with a Registered User for the purposes of a physical tour of the Enlisted Spaces, you must use the Platform in order to carry out the Transaction. For the avoidance of doubt, a Guest may not book or pay for any Enlisted Space, or any sum of money other than the Space Fee, through any mechanism or platform other than on the Platform and through CHAYA.
- Registered Users shall not upload, post, promote, advertise, transmit, circulate, or otherwise make available, on the Platform, any Registered User Content: (i) that contravenes the applicable laws of Bangladesh and of the jurisdiction from which you are accessing the Platform, including any and all legislations, regulations, rules, bye-laws, orders, decrees or lawful pronouncement of any governmental authority or juridical body of any jurisdiction (“Applicable Laws”); (ii) without the consent of its owner or appropriate lawful authority; (iii) which are defamatory, libelous, indecent, obscene, sexually explicit, invasive of privacy, promotes violence or terrorism or any proscribed entity, or contains hate speech, or is otherwise not in compliance with the Applicable Laws; (iv) that violates any intellectual property right or other proprietary rights of any person or entity; (v) that constitutes promotion or advertisement of any third-party website, product or service; (vi) that discloses any personal, sensitive or identity information about another person; (vii) that amounts to fraudulent activity; (viii) that amounts to impersonation of any person or entity, or misstatement or misrepresentation of any fact; or (ix) that interferes with, or interrupts the proper operation of the Platform (each, a “Restriction”). We reserve the right, without assuming any obligation, to review and remove, in our sole and unfettered discretion, any Registered User Content on the Platform which contravenes the Restrictions.
- Notwithstanding anything contained anywhere in this Agreement, the Additional Policies, the Undertaking, or the Contract, by making such information available on the Platform, you grant CHAYA a universal, perpetual, transferrable, irrevocable license to use, modify, compile, copy, transmit, distribute, display, and otherwise use or exploit such contents and information, and any intellectual, proprietary or moral rights therein, in any manner it deems fit and proper, at its sole and absolute discretion, without providing any notice to or obtaining consent from you, anywhere in the world. By allowing such contents and information to be made available on the Platform, you relinquish all rights to payment from its use or circulation. You expressly acknowledge, understand and agree that once you post, upload, transmit or communicate any Registered User Content on or through the Platform, you waive your right to confidentiality or privacy with respect to the contents of the Registered User Content, and CHAYA reserves the right to monitor and disclose such Registered User Content for compliance purposes.
- CHAYA respects the intellectual property rights and other proprietary and moral rights of others and uses its best endeavours to comply with the Applicable Laws. If you believe any Registered User Content violates any Restriction, please contact us at email@example.com and we shall review the same, without being obliged to take any action. Please provide us sufficient details about the infringement, including the description of the nature and circumstances of such infringement and supporting evidence, and your contact details.
- No Warranties; Limitation of Liability; Indemnification
- You hereby acknowledge, understand and agree that the Enlisted Spaces are provided by third-party persons vis-à-vis Spacers, and not by CHAYA. For the avoidance of doubt, CHAYA is merely [an internet service provider, an online intermediary and an online aggregator], and is not the owner, tenant or license-holder of the Enlisted Space, and has no control over the Enlisted Space, and therefore disclaims any and all liabilities to the fullest extent permitted under the Applicable Laws with respect to, in connection with, arising out of or associated with, in any manner whatsoever, the condition, the quality, the suitability and/or the legality of any Enlisted Space.
- You understand and agree that the use of the Platform and the availing of the Services are at your own risk. CHAYA is not responsible for and does not conduct any form of due diligence or background checks on the Spacers or the Guests, or review the condition of the Enlisted Spaces or accuracy of the Description or compliance of the Enlistment with the Applicable Laws. CHAYA simply facilitates, through the Platform, the Spacers to showcase the Spaces by way of Enlistment and the Booking of the Enlisted Space by the Guests, without any representations or warranties by CHAYA, either express or implied, that the information provided through the Platform is accurate or complete or the Enlisted Space and the Amenities will be as provided in the Description. CHAYA disclaims any and all liability for any claim that may arise in relation to the foregoing.
- Each Registered User, on behalf of themselves and its permitted assigns, representatives and heirs, hereby, unconditionally and in unequivocal terms, release CHAYA and all its officers, employees, agents and representatives, in perpetuity, from liabilities, responsibilities, claims and demands of any nature whatsoever, with respect to, in connection with, arising out of or associated with any loss or damage, whether of tangible or intangible nature, and whether estimable in monetary terms or otherwise, and whether arising under this Agreement or the Contract or under the Applicable Laws, to the fullest extent permitted under the Applicable Laws, which shall include, without limitation, loss to property or persons (including complete and irreparable property damage, personal injury and death), as well as damage to goodwill and reputation, due to Enlistment, Booking, breach of Contract, non-compliance with Restrictions, or otherwise. You acknowledge and understand that any cause of action an aggrieved Registered User may have is solely against the other Registered User, and in no manner or extent attributable to CHAYA.
- You understand and acknowledge that the Platform may have system failures from time to time and make no warranties of any kind, including warranty that the Platform is fit for any particular purpose, merchantable, error-free, virus-free, or bug-free. We disclaim all liabilities, to the fullest extent permitted under the Applicable Laws, for such system failures, including, but not limited to, loss of profit, financial loss, or any and all losses incidental thereto.
- We specifically disclaim any and all liabilities arising out of or in connection with the Registered User Contents as well as other third-party contents, such as advertisements by third-party vendors (“Third-Party Content”). For any concern relating to a Third-Party Content, please contact the administrator or owner of such Third-Party Content.
- You undertake that you are solely responsible for any reliance you place on any Registered User Content, including any representation made in the Enlistment, and any action you take in relation to any Third-Party Content. CHAYA is in no way responsible for any inaccurate, erroneous, false, misrepresentative or misleading Registered User Content or Third-Party Content.
- We specifically disclaim, and shall under no circumstance be liable for, any incidental or consequential damages or lost profits resulting from lost data or business interruption, to the fullest extent permitted under the Applicable Laws.
- You hereby agree to defend, indemnify, and hold us and our officers, employees, agents and representatives, or any successors, assigns, licensors or licensees, harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, in perpetuity. In the event we become aware of any claim, notice, or proceedings, we will endeavour to inform you of the same and you shall be solely responsible and wholly liable in defending such claim, notice, or proceedings. Any expenses incurred by us in connection with defending such claim, notice, or proceedings shall be billed to and payable by you.
- Governing Law; Dispute Resolution
- The Agreement, the Additional Policies, the Undertaking and the Contract, and all actions taken thereunder or pursuant thereto, shall be governed, in all respect, by the laws of Bangladesh.
- Order of Precedence
- the provisions of the Undertaking;
- the terms and conditions of the Contract;
- the provisions of the Additional Policies;
- The Agreement, the Additional Policies, the Undertaking and the Contract (together with any documents referred to herein) constitute the whole agreement between CHAYA and the Registered User or Visitor (as applicable).
- CHAYA reserves the right to make such amendment, modification, changes, alterations and insertions as it deems appropriate, from time to time.
- The Agreement does not, and is not intended to, confer any rights or remedies on persons other than to CHAYA and the Registered Users.
- CHAYA is not responsible or liable for non-performance of the Platform caused by any failure of the internet service provider or the telecommunication system, or of the any third-party vendor, or any act of god, or communal disharmony, strike, political discord, or any events outside its reasonable control (each, a “Force Majeure Event”). CHAYA shall be excused from any and all liabilities arising out of or in connection with Force Majeure Event.
- No failure or delay by CHAYA in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by CHAYA of any breach by any Registered User of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.
- If at any time any provision of this Agreement, the Additional Policies, the Undertaking or the Contract is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement, the Additional Policies, the Undertaking or the Contract shall not be affected or impaired thereby.
- Each clause hereof shall be deemed to be independent and severable. If at any time any provision of this Agreement, the Additional Policies, the Undertaking or the Contract is or becomes illegal, invalid or unenforceable in any respect, it will be deemed to be severed to the extent that it is illegal, invalid or unenforceable and the validity and enforceability of the remaining provisions of this Agreement, the Additional Policies, the Undertaking or the Contract shall not be affected or impaired thereby.
- Nothing in this Agreement (or any of the arrangements contemplated by this Agreement) is intended to, or shall be deemed to, constitute a partnership between CHAYA and any Registered User (in particular, the Spacer) nor, save as may be expressly set out herein, constitute CHAYA the agent of any Registered User (in particular, the Spacer) for any purpose.
Contact us at firstname.lastname@example.org if you have any query or require assistance with understanding any aspect of this Agreement or the Additional Policies. You may also get in touch via Facebook. We are always happy to help!
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