This Internet Web Site Use Agreement (the "Agreement") is between you and ZR Management Pvt Ltd, having its registered office at 8B, Green View Apartments, 80 SFS Flats, Mayapuri Marg, New Delhi - 110064, herein after referred to as "The Operator". Your use of the Company's internet web site www.coho.in herein after referred to as "the Website" is subject to the following terms and conditions of use:
YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THE WEBSITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH THE USERS OF THE PLATFORM CAN SEARCH AND BOOK RESIDENTIAL ACCOMMMODATIONS. THE COMPANY DISCLAIMS ANY LIABILITIES THAT MIGHT ACCRUE TO THE RESIDENTS OR USERS OF THE PLATFORM ON ACCOUNT OF USAGE OF THE PLATFORM OR SERVICES RENDERED BY THE OPERATOR.
The Operator and the Resident shall be individually referred to as a “Party” and collectively as “Parties”.
TERM OF THE AGREEMENT
This Agreement has been entered into by and between the Parties for a period of 1 (One) year commencing from 20th October 2015 and expiring on 19th October 2016. The Agreement may be renewed for a further period of one year on mutually agreeable terms and conditions and upon a request for renewal in writing by the Resident. The Operator reserves the right to renew /cancel the Agreement as per the terms detailed herein.
ADMISSION, ACCOMMODATION & CONSIDERATION
Upon signing of this Agreement, the Resident shall be granted permission to be admitted to the Residential Facility. Prior to admission, the Resident shall ensure that the following documents/information is provided to the Operator:
- A self-attested copy of proof of identification and residence, which may include PAN Card/valid Aadhaar Card/Passport/Driving License;
- If the Resident is a student, copy of the student identity card issued by the college/educational institution;
- If the Resident is employed, then appointment letter / valid ID proof issued by the employer;
- If Resident runs/operates a business, valid proof of the same;
- Name and contact information (residential address, mobile number and email address) of any person who lives in the same territorial city limits as the Residential Facility i.e. Delhi/Gurgaon who can be contacted in case of any emergency (“Person to contact”).
The Resident understands and agrees that any material misrepresentation or omission made by the Resident while providing the above information shall render this Agreement voidable at the option of the Operator.
The Resident shall occupy and use the designated space for the Resident in the Residential Facility along with the furniture and fixtures in the Residential Facility, subject to the terms of this Agreement. The Resident shall also have access to the common areas of the Residential Facility such as the kitchen, living room and hallways.
The Resident is free to decorate the Unit as he/she wishes, provided that they comply with the safety rules as prescribed by the Operator. The Resident shall not make any structural or physical changes to the Unit under any circumstances.
Security Deposit: Upon admission, the Resident shall remit a sum equivalent to 2 month rent as security deposit to the Operator (“Security Deposit”). The Security Deposit shall be refunded to the Resident after deducting any dues and adjustments at the time of termination of this Agreement.
Rent: The Resident shall pay a monthly rent (“Rent”) for a room occupancy on sharing or full occupancy basis. The Rent shall be payable one month in advance during the period of stay of the Resident, by 5th of every month as per the English calendar. Additionally, on or prior to admission the Resident shall also be liable to pay 1(one) month advance Rent to the Operator.
Any delay in payment of rent beyond 5th of the month will attract a penalty of INR 500 per day and in the event of failure of payment beyond 15th of the month, the Resident will be requested to vacate the Residential Facility and the dues will be adjusted against the Security Deposit.
The payment shall be collected through an online payment gateway which shall be linked to the Resident’s account or by other means of funds transfer, as per request of the resident, if needed. In case of any failure on part of the Resident to transfer the rent in the prescribed time, the Operator shall have the right to terminate the agreement and the Resident shall be given a 15 days’ notice to vacate the Residential Facility and the outstanding dues would be adjusted against the Security Deposit.
Upon signing of this Agreement, the Resident shall be provided with certain basic Facilities as entailed and certain additional Facilities and services as entailed under this Agreement, which shall be subject to extra charges and shall not be included in the amount of rent.
RIGHTS AND RESPONSIBILITIES
The Resident agrees to abide by and conform to the rules, regulations, policies and principles as they now exist for the operation and management of the Residential Facility run by the Operator and the RWA and such reasonable amendments to the above as the Operator may subsequently adopt.
No Proprietary Interests. The Resident’s rights under this Agreement are the rights and privileges expressly granted, and do not include any proprietary interest in the Residential Facility or other properties of the Operator.
No assignment/transfer of rights. The rights and privileges associated with residence/accommodation in the Residential Facility are personal to the Resident and cannot be assigned/transferred to any third-party by contract or by any proceeding under any law or otherwise.
Absences from the Residential Facility for a long duration. The Resident is responsible for paying the rent even when the Resident is absent from the Residential Facility.
Liability for Damage. The Resident agrees to maintain their Unit in a clean, sanitary and orderly condition. The Resident shall reimburse the Operator and/ or Landlord, as the case may be for any repair to the Unit owing to any act of the Resident other than repair or replacement of furnishings and fixtures owned by the Operator/Landlord in the Unit above and beyond ordinary wear and tear. In addition, the Resident shall reimburse the Operator and/or Landlord, as the case may be for any loss or damage to the Operator/Landlord’s real or personal property outside of the Resident’s Unit caused either intentionally or negligently by the Resident or by persons on the premises to visit the Resident.
Property of Resident. The Operator is not responsible for loss of any property belonging to Resident due to any cause unless such loss is caused by the negligent or intentional acts of the Operator or its employees or agents.
Discouragement of Illegal Activities. Resident, or a guest or other person under the Resident's control shall not engage in illegal activity, including drug-related illegal/immoral activity, on or near the Residential Facility. Resident, or a guest or other person under the resident's control shall not engage in acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of this Agreement that otherwise jeopardizes the health, safety or welfare of the co-habitants in and near the Residential Facility. A single violation of this provision shall be deemed a serious violation and material non-compliance with the Agreement and shall constitute a good cause for immediate termination of the Agreement, the Resident shall be liable to vacate the Residential Facility within 3(three) days of such termination.
The Operator will send its customer experience manager from time to time to ensure that the Residents are enjoying a comfortable stay at the Residential Facility.
TERMINATION OF AGREEMENT
By the Resident. Subject to the lock-in period of 180 days from the day of admission, the Resident may terminate this Agreement at any time, by giving thirty (30) days written notice to the Operator. The Resident’s notice must identify the date when the termination is to become effective, which date must be at least thirty (30) days after the date of the notice.
By the Operator. The Operator may terminate this Agreement at any time, by giving thirty (30) days written notice to Resident.
In addition to the above, the Operator shall be entitled to terminate this Agreement on 15 (fifteen) days written notice to the Resident for reasons including, but not be limited to, the following:
- Failure to pay the rent or additional charges for services the Resident has requested within ten (10) days of the due date;
- Failure to comply with the Operator’s policies for running the Residential Facility.
Further, the Operator shall be entitled to terminate this Agreement on 3 (three) days written notice to the Resident for reasons detailed in IV F.
Vacating Apartment. Upon termination of this Agreement, the Resident shall vacate the Resident’s Unit, remove all of the Resident’s belongings from it, and return the key, if any provided to the Resident’s Unit by the Operator. Until the Unit is vacated and all of the Resident’s belongings are removed from the Unit, the Resident/Representative shall remain liable for the rent.
Release from Obligations. Any termination of this Agreement under this Section shall terminate the Operator’s obligation to furnish accommodations and services to the Resident under this Agreement.
LIMITATION ON LIABILITY
The liability of Operator to Resident in case of any default by the Operator under the terms of this Agreement shall be limited to Rent paid by the Resident.
Waiver. The failure of the Operator in one or more instances to insist upon the strict performance, observance or compliance by the Resident with any of the terms and provisions of this Agreement, shall not be construed to be a waiver or relinquishment by the Operator of its right to insist upon strict compliance by the Resident with all of the terms and provisions of this Agreement.
Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, this Agreement shall be read as if such unenforceable provision was not included and all other provisions of this Agreement shall continue in full force and effect.
Good Conduct. The Resident shall conduct herself in such a manner as not to interfere with the possession or occupancy of the other Co-Residents and the members of the society/neighborhood in which the Residential Facility is situated. The Resident shall not commit, be involved directly or indirectly in any act/action/activity that is a reason for causing nuisance to the Co-Residents and the neighborhood/society in which the Residential Facility is situated including but not limited to causing injury to any person, damage to any person’s personal property, carrying on illegal activities, bringing guests or any person not authorized by the Operator to enter into and stay in the Residential Facility, etc. The Resident shall be personally liable and responsible for all such acts/actions/activities causing nuisance to the other Co-Residents and the members of the society/neighborhood in which the Residential Facility is situated. The Operator reserves the right to take any action as it may deem appropriate including requesting the Resident to vacate the Residential Facility in case the Resident is found to be causing nuisance as detailed in this Section.
Entire Agreement. This Agreement represents the entire agreement between the Parties and supersedes and replaces any and all prior written or oral agreements regarding the subject matter of this Agreement including, but not limited to, any representations made during any discussions or negotiations whether written or oral.
E. Governing Law. The provisions of this Agreement, the rights and obligations of the Parties under those provisions, and any claims or disputes relating thereto, shall be governed by and construed under and in accordance with the laws of India.
F. Jurisdiction. The Parties irrevocably agree that any legal action, suit or proceeding arising out of this Agreement shall be brought solely and exclusively in the courts of Delhi/NCR, India.
G. Arbitration. Any dispute or difference arising between the Parties shall be resolved amicably at the first instance. If the Parties are unable to amicably settle the dispute, any Party to the dispute shall be entitled to serve a notice invoking this section and making a reference to a sole arbitrator to be mutually agreed by and amongst the Parties. The arbitration proceedings shall be held in accordance with the rules laid down by the Indian Arbitration and Conciliation Act, 1996 and the place of arbitration shall be Delhi/NCR, India. The arbitration proceedings shall be conducted in the English language.
H. Binding Document. This Agreement is binding between the Parties with respect to the subject matter hereof.
I. A booking once made cannot be cancelled. The booking amount paid once will not be refunded back.
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