Terms & Conditions

The terms "We" / "Us" / "Our"/ ”Company”/ “SAPL” individually and collectively refer to Scholar Alley Private Limited (“SAPL”), a private limited company incorporated under the laws of India having its corporate office at 11th Floor, Block C, Building 8, DLF Cyber City, DLF Phase II, Gurgaon – 122002, Haryana.

We provide accommodation to guests seeking to rent such accommodations (collectively, the "Services"), which Services are accessible at www.oxfordcaps.com or any mobile site, applications for iOS, Android, Windows operating system and/or any software application owned and operated by us (collectively referred to as, the “Platform” or “Website”) and any other websites through which We make the Services available (collectively, the "Site").

ON OUR ONLINE PLATFORM WE PROVIDE LISTINGS FOR ACCOMMODATIONS AND OUR VALUE ADDED SERVICES, IF APPLICABLE, UNDER OUR BRANDNAME, TRADEMARK BEARING ‘OXFORDCAPS’ WHERE OUR GUESTS MAY LEARN ABOUT, VIEW, ENQUIRE AND BOOK AND PAY FOR ACCOMMODATIONS (“SERVICES”). WE HOST AND CREATE LISTINGS ONLY FOR PROPERTIES/ACCOMODATIONS THAT WE OWN AND MANAGE. WE DO NOT SELL THROUGH OTHER PLATFORMS NOR ARE WE PARTY TO ANY AGREEMENTS WITH THIRD PARTY WEBSITES OR SIMILAR PLATFORMS. WE ARE NOT A REAL ESTATE BROKER OR AGENT. WE DISCLAIM ALL LIABILITY FOR ANY THIRD PARTY CONDUCT IN THIS REGARD.

 

For the purpose of these Terms of Use, wherever the context so requires, "You" or “ Your ” or “ Yourself ” or “ User ” shall mean any natural or legal person who has agreed to access the Website in any manner.

 These Terms and Conditions set out the terms on which you agree to before accessing our Platform. By accessing or using the Platform, You are acknowledging, without limitation or qualification, to be bound by these Terms and Conditions and the policies as listed on our Website. ACCESSING, BROWSING OR OTHERWISE USING OUR PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THIS CAREFULLY BEFORE PROCEEDING. If You do not agree to any of the terms enumerated in the Terms and Conditions or the Policies, please do not continue and cease the use of the Website. You are responsible to ensure that Your access to this Website and material available on or through it are legal, in or through which You access or view the Website or such material.

1 USE OF CONTENT

1.1 We and its graphics, logos, icons, software, domains and service names related to the Platform are registered and unregistered trademarks or trade dress of SAPL. They shall not be used without SAPL’s prior express written permission. From time to time, on our Platform we may use either real pictures or images that are renders of properties and not real pictures.

1.2 The Platform 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 Platform must always be acknowledged. The use of these properties or any other content on this Website, except as provided in these Terms and Conditions or in the Website content, is strictly prohibited.

1.3 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 Our prior express written consent for any public or commercial purpose.

1.4 Visitors may not use the Platform in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

1.5 In the event of breach of this Clause, We shall institute appropriate legal proceedings against You to claim damages. We also reserves rights to institute proceedings in accordance with the law relating to intellectual property rights violation or infringement available to it.

2 Eligibility

2.1 You represent and warrant that you are at least 18 years of age. If you are under age 18, you shall not use the Services except under supervision of Your legal guardian. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.

2.2 You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

3 How the platform works

3.1 On our Platform, we list properties/accommodations that we own and manage and our Platform can be used to facilitate viewings, Q&As and booking of residential/ hostel/ guesthouse properties for lodging ("Accommodations"). You may view our own inventory Listings as an unregistered visitor to the Platform; however, if you wish to book an Accommodation, you must first register to create an ‘OxfordCaps Account’.

3.2 As stated above, We make available our Platform with related technology for Guests to register online and make bookings of our provided Accommodations. We predominantly act as owners/operator of properties on lease/leave and license or similar basis and arrange for Accommodations.

3.3 PLEASE NOTE THAT, AS STATED ABOVE OUR PLATFORM AND SERVICES ARE INTENTED TO BE USED TO FACILIATE VIEWINGS, Q&As AND BOOKING OF ACCOMODATIONS. WE PROVIDE OUR ACCOMODATIONS ON AN ‘AS-IS WHERE IS BASIS’ BY ACQUIRING SUCH PROPERTIES FROM THE MARKET AND WE CANNOT AND DO NOT CONTROL THE LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS OR STRUCTURAL (CIVIL, ELECTRICAL, DESIGN ETC.) ISSUES CONCERNING ANY PROPERTY. WE ARE NOT RESPONSIBLE FOR AND DISCLAIM ANY AND ALL LIABILITY RELATED TO SUCH LIABILITIES ENUMERATED ABOVE. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

4 OXFORDCAPS ACCOUNT REGISTRATION

4.1 To sign up for the Services, you may be required to register for an account on the Services (an “OxfordCaps Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.

4.2 Your Account information may include information that is personal to you, such as your name, email address and phone number (collectively, “personal details”). You may only provide your own personal details. You may not provide personal details of any third person. You must update your Account information to reflect any change to your personal details. If at any time any portion of your Account information is inaccurate or incomplete, or if you otherwise violate these Terms and Conditions, we may in our sole discretion and without advance notice choose to suspend or terminate your access to Services, your Account or both.

4.3 You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by sending a request to legal@oxfordcaps.com.

5 Our Services and payment terms

5.1 Rent and Rental Fees. Against our Accommodations we might display or upon enquiry inform the Rental Fees, i.e., fee payable by a Guest for booking accommodation with Us for a short-term stay on leave and license/lease basis. In case the Guest is a minor, booking and execution of appropriate agreements shall be done by the legal guardian. Where applicable, Taxes shall be charged in addition to Rental Fees.

5.2 Value Added Services. We may provide overheads or value added services/facilities alongwith Accommodation facilities. Such services/facilities shall be provided entirely at our discretion depending on Accommodation unit profile, demographics or usage requirements or upon requests made by Guests. Such services may also be withdrawn entirely upon Our discretion. Such value added services/facilities may be in the nature of providing pantry or provisions, vending machines, mess or dining facility, laundromat, medical facilities, gym, gaming zones, transport services etc. We may recover fees in respect of such overheads or value added services either as part of the Rental Fees or charge separately.

5.3 Security Deposits. At the time of booking the Accommodation, We may also levy and collect interest free security deposits from our Guests ("Security Deposit") as per our policies and discretion. The amount of Security Deposit shall be informed to the Guest at time of booking.  We reserve the right to appropriate default in payment of rental fees, value added services fee or costs incurred by Us towards damage caused to our properties from the Security Deposit. In such cases, We may ask the Guest to replenish the Security Deposit to the original amount. Security Deposit shall be refunded at the time of expiry of the Rental Agreement subject to satisfactory check-out by the Guest.

5.4 Fee Periodicity. We shall collect the Rental Fees, Value Added Services Fee and applicable taxes thereon either in advance at the time of booking confirmation for the entire duration of stay or over a semi-annual/monthly/fortnightly period depending on our Fee collection policies from time to time. Manner of displaying, charging, levying and collection of Rental Fees shall be entirely at our discretion and shall be informed to the Guest at time of booking. 

5.5 Fee Collection. We will either collect the Rental Fee, Security Deposit etc. in advance through bank transfers or at our discretion, also provide Guest friendly collection mechanisms, for example - obtaining a pre-authorization of the Guest’s or his/her legal guardian’s credit or debit card for due amount or similar banking facilities.

6 Damage to accommodations

6.1 As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation.

6.2 In the event We come across any instance of damage caused to our Accommodations and/or You shall be liable to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be deducted from Your Security Deposit. We also reserve the right to charge from any pre-authorized credit or debit card on file, or otherwise collect payment from you and pursue any legal remedies against You.

7 Misconduct

7.1 You expressly acknowledge and understand that We follow a ‘Zero Tolerance Policy’ towards acts of vandalism and misconduct and agree to use our Facilities on a good faith basis. Any acts of vandalism or misconduct shall invite summary expulsion from the Accommodation and/or forfeiture of the Security Deposit and You may face civil or criminal proceedings.

7.2 In case You engage in inappropriate conduct, including but not limited to, (i) offensive, violent or sexually inappropriate behaviour, (ii) acts of vandalism, theft or fraudulent conduct, inebriation or drug consumption; or (iii) acts of aggression or bully or ragging fellow Guests or causing general nuisance, We will immediately expel you from the Accommodation and  initiate civil or criminal proceedings.

8 Your CONDUCT

8.1 By accessing/downloading and/or using the Platform, You shall not upload, post, email or otherwise send or transmit any material that contains viruses, Trojans, 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 Platform.

8.2 If You use the Platform, 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 Platform. 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.

8.3 You agree not to interfere with the servers or networks connected to the Platform or to violate any of the procedures, policies or regulations of networks connected to the Platform and any other provisions of these Terms and Conditions.

8.4 Visitors are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.

9 Indemnity

9.1 You agree to indemnify and hold SAPL (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 and Conditions, or Your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of Your obligations under this Terms and Conditions 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 and Conditions.

10 Limitation of Liability

10.1 SAPL, 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 PLATFORM, 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 PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

10.2 User further agrees that We shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

10.3 User agrees that We shall not be responsible or liable to User, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Our  total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Us, if any, that is related to the cause of action.

10.4 From time to time We may run promotions or incentives for the benefit of our Platform visitors, potential customers and customers. We reserve 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.

10.5 We shall not be liable to the other for any delay or failure in performance under the Terms and Conditions, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

10.6 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.

11 Disputes

11.1 These Terms And Conditions of Use shall be governed by the laws of India and the parties hereby irrevocably attorn to the exclusive jurisdiction of the courts at National Capital Territory of Delhi with respect to any dispute arising under this Privacy Policy.

11.2 If a dispute arises between You and US, the same shall be resolved through mediation. We strongly encourage you to first contact us directly to seek a resolution via e-mail to legal@oxfordcaps.com. Any unresolved dispute shall be resolved through arbitration by jointly appointed sole arbitrator as per provisions of Arbitration and Conciliation Act, 1996 (as amended from time to time) with the seat of arbitration being New Delhi.

12 Termination

12.1 We may change or discontinue the Platform at any time without prior notice. We reserve the right to terminate these Terms and Conditions for any reason, without notice. Without prejudice to our accrued rights against You, these Terms and conditions shall automatically terminate in the event You violate any of the provisions of these Terms and Conditions set forth herein. Upon termination of these Terms and Conditions, You will immediately stop using the Website.

13 Amendments

13.1 We may update or amend these Terms and Conditions 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 and Conditions. For avoidance of any doubt, it is further clarified that in case the Terms and Conditions 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.

14 General

14.1 These Terms and Conditions are agreed between You and Us. No third person shall have any rights under or in connection with these Terms and Conditions under any applicable laws.

14.2 If any provision of the Terms and Conditions 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 and Conditions 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 and Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom.

14.3 Headings of this Terms and Conditions are for convenience only and are of no force or effect in construing or interpreting provisions of these Terms and Conditions.

14.4 Our failure to enforce any provision of these Terms and Conditions 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.

14.5 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 and Conditions without our prior express written consent, which consent may be withheld, delayed or conditioned.

14.6 These Terms and Conditions and Privacy Policy constitute the entire agreement between You and US and together they supersede and extinguish any previous agreements, promises, assurances, warranties, representations and understanding between us, whether written or oral, relating to its subject matter.

14.7 Any translated versions of these Terms and Conditions of Use 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.

15 Contact us

15.1 If you have any questions about these Terms and Conditions of Use please contact us at legal@oxfordcaps.com.