Registration on the Website/App is free.
‘GAIN User’ means that you are a guest or host.
If you do not agree to all the usage terms, do not use this website/app. Your use of the website/app implies that you agree with the usage terms completely. The contract of sale is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the courts in Hyderabad, India.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these usage terms and that you agree to be bound by these usage terms. While individuals under the age of 18 may utilize/browse the website/app, they shall do so only with the involvement, guidance and supervision of their parents and/or legal guardians, under such Parent/Legal guardian’s registered account.
GAIN reserves the right to terminate User’s access to and refuse to provide user with access to the Website/ App if GAIN discovers that user is under the age of 18 years. Furthermore GAIN has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.
GAIN provides Accommodation Services on the website/app subject to complete adherence to the usage terms by the user (Guest/Host). By accessing, viewing, or using this website/app, you acknowledge, declare, confirm, represent, and warrant to GAIN that you have read and understood the usage terms and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on you. This agreement is effective immediately upon your accessing, viewing, or using this website/app. You are advised to regularly check for any amendments or updates to the usage terms mentioned herein from time to time. GAIN may add, change or update these usage terms from time to time entirely at its sole discretion.
Your use of the website/app and any amendment to the usage terms shall constitute your acceptance of these usage terms and you agree to be bound by any such changes/revisions/amendments. The website/app shall not be obliged to notify you, irrespective of the fact that you are registered or not, of any modifications made to the usage terms. Your access to the website/app for purchasing the Accommodation Services or browsing is subject to the most updated version of the usage terms appearing on the website/app at the time of such use.
The domain name www.goGAIN.in (hereinafter referred to as "Website") and its Mobile Application (hereinafter referred to as "App") is licensed for use by Thinkwide Hospitality Private Limited, an Indian Company, duly incorporated pursuant to sub-section (2) of section 7 of the Companies Act, 2013 and rule 8 of the Companies (Incorporation) Rules, 2014 with its registered office at H. NO: 2-91/65/RET/9, 5th FLOOR, EKTHA TOWERS, WHITEFIELDS, KONDAPUR, HYDERABAD, TELANGANA, INDIA 500 084. (hereinafter referred to as ‘GAIN’ - brand name for accommodation booking services through website/app offered by Thinkwide Hospitality Private Limited) which enables the user (Guest) of the website or app to connect with independent third party property owners (Host) offering various hostels/PGs/service apartments/lodges/cottages/guest houses/hotels/accommodations for rent (hereinafter referred to as ‘Property’) listed on the website and/or app (Accommodation Services). Similarly, the so called Host, also User on this website/app can list his property to offer to the other users (Guest). GAIN creates a platform for both the users to connect to each other.
Your use of the website and/or app is an acknowledgment that you have reviewed the Terms and Conditions and agree to comply with and be legally bound thereby. These Terms and Conditions govern your access to and use of the website and/or app, the accommodation services (for guest) and to list your property (for host). If you do not agree to these terms and conditions, you must refrain from using the website and/or app and the services.
By using this website/app you (guest) hereby acknowledge and agree that GAIN is not the property owner and has no control over the conduct or behavior of the host or the quality, fitness or the suitability of the services provided by host. GAIN disclaims any and all liabilities in this regard.
By using this website/app you (host) hereby acknowledge and agree that GAIN is not representing any of your property or you (host), or the guests (also users) availed your services. GAIN has no control over the conduct or behavior of the guest (also user).
The website/app are an online marketplace where users (guest or host) may meet and interact with each other for their transactions. Hosts shall list their properties on the website/app and guests reserve the accommodation at the prices specified by the host (also user) on the website/app. GAIN reiterates that GAIN and Hosts are separate and independent entities and GAIN does not work as representative or agent of the host. By making a reservation/booking at the listed properties the guest enters into commercial/contractual terms as offered by and agreed to between host and the guest (among the users) only.
GAIN shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between Guest and Host. In no event, shall GAIN be made a party to dispute between Guest(s) and Host(s) (among Users).
The user (guest/host) agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the website/app by the user:
GAIN has endeavored to provide the most accurate, up-to-date information on this website/ App. However, the information, materials, Services available on this website/app may inadvertently include inaccuracies, typographical errors, or outdated information. GAIN is not responsible for and shall not be bound to honour typographical or pricing errors on this website/app. GAIN reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which GAIN believes the user (guest/host) has violated applicable laws or usage terms, orders that GAIN believes are harmful to GAIN or orders that GAIN believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. GAIN neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. GAIN expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. GAIN shall not be responsible for the delay or inability to use the website/app or related functionalities, the provision of or failure to provide functionalities, or for any information, software, services, functionalities and related graphics obtained through the website/app, or otherwise arising out of the use of the website/app, whether based on contract, negligence, strict liability or otherwise. Further, GAIN shall not be held responsible for non-availability of the website/app during periodic maintenance operations or any unplanned suspension of access to the website/app that may occur due to technical reasons or for any reason beyond GAIN’s control. The user (guest/host) understands and agrees that any material or data downloaded or otherwise obtained through the website/app is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. GAIN accepts no liability for any errors or omissions, with respect to any information provided to the user.
GAIN makes the services available to you through the website/app only if you have provided GAIN the required user information and created an account through GAIN ID and password (the ‘Account Information’). The website/app requires you to register as a user (guest/host) by creating an account in order to utilize the services provided by the website/app. You will be responsible for maintaining the confidentiality of the account information, and are fully responsible for all activities that occur under your account. You agree to
GAIN also allows restricted access to the website/ App for unregistered users (also called Visitors). At the time of registration, you shall ensure that the Account Information provided by you (Guest/ Host) in the website/ App's registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
When you use the website/ App, you agree and understand that you are communicating with GAIN through electronic records and you consent to receive communications via electronic records from GAIN periodically and as and when required. GAIN may communicate with you by email or SMS or such other mode of communication, electronic or otherwise. You specifically agree that GAIN shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or not received. Further, GAIN will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this website/ App, you agree that GAIN shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you (Guest/ Host) agree that GAIN shall not be held liable or responsible for 'phishing attacks' on you. You may accept or decline the cookies when you accesses GAIN’s website/ App. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
GAIN reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the website/app or the information, listings and services described on the website/app at any time. Such modifications or changes shall be effective immediately when they are made.
The process of listing your property (by Host) and the process of booking accommodation services (by Guest) from this website/app may require you (Host/Guest) to disclose confidential information such as credit card number, net banking etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc. you (Guest) shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or unsecure locations.
The process of listing your property (by Host) and the process of booking accommodation services (by Guest) from this website/app may require you (Host/Guest) to disclose confidential information such as credit card number, net banking etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc. you (Guest) shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or unsecure locations.
That relying on declarations, confirmations, information and obligations made/undertaken by the user in accordance with usage terms, and believing the same to be true and acting on the faith thereof, GAIN has agreed to provide the services to the user (Guest or Host) as per the usage terms mentioned herein. In particular, the User (Guest or Host) does hereby agree, undertake and represent & warrant to GAIN:
The user (Guest/Host) agrees and acknowledges that in the website/app all services are offered only at the sole discretion of GAIN.
GAIN shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this website/app or any of the information, software, services and related graphics contained within the website/app or any of the services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if GAIN has been advised of the possibility of damages.
GAIN Guests (also users) are requested to kindly take due care of all their personal valuables and belongings while they are availing the accommodation services offered by Host (also User). GAIN management and its employees shall NOT be responsible for any loss, theft or damage to the guests' personal valuables and belongings.
Notwithstanding anything to the contrary contained herein or elsewhere GAIN’s entire liability to the user (guest/host) for any claim arising out of purchasing or browsing the website/app shall be limited to the amount equivalent or less to the price paid for the products/services giving rise to such claim.
The user agrees that any reviews, feedback, comments, ideas, suggestions, information, or any other content which he contributes to GAIN or this website/app (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for GAIN to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The user represents and warrants that user owns or otherwise controls all of the rights to the content that he/she may contribute to this website/app and that use of his/her content by GAIN shall not infringe upon or violate the rights of any third party. GAIN, its mark and logo are trademarks of Thinkwide Hospitality Private Limited. You understand and agree not to display or use these trademarks in any manner whatsoever.
As a pre-condition of use of this website/app, user warrants to GAIN that user shall not use this website/app for any purpose that is unlawful, unauthorized, or inconsistent with usage terms, and the user agrees that this license to use GAIN website/app will terminate immediately upon user's violation of this warranty. GAIN reserves the right, at its sole discretion, to block/terminate user's access to this website/app and its content at any time, with or without notice. All content on this website/app, including text, graphics, images, and logos, is the property of GAIN or its content suppliers and is protected by domestic and international copyright laws and regulations. GAIN reserves the right to protect its intellectual property rights to the fullest extent under the applicable law.
This website/app may at GAIN’s sole discretion, contain links to sites owned and maintained by persons or entities other than GAIN. GAIN may also provide links to the other sites for purpose of enabling the users (guest/host) to make payment to GAIN. None of the foregoing links constitute an endorsement by GAIN of any such sites and are provided only as a convenience. GAIN is not responsible for the content or links displayed on such sites. GAIN is not responsible for the privacy practices of such sites which GAIN does not own, manage or control. GAIN does not regularly review, and makes no warranty or representation regarding materials posted, or services or services offered, on the sites to which this website/app may be linked and GAIN shall not be responsible for any deficiency thereof. GAIN does not endorse any or all of the materials, Services, and services available on such linked sites, and GAIN expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of the customer and is made at the customer's own risk.
This agreement, and all transactions entered into on or through website/app shall be interpreted, construed and governed by the laws of India which shall be applicable to this agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation to the website/ App, the usage terms or any transactions entered into on or through the website/app or the relationship between the user and GAIN shall be subject to the exclusive jurisdiction of the courts at Hyderabad, India and user hereby accede to and accept the jurisdiction of such courts.
Any failure, delay or forbearance on the part of GAIN in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by GAIN of any right, power or privilege preclude any other future exercise or enforcement thereof.
The parties hereto agree that each of the provisions contained in this agreement shall be severable, and the unenforceability of one or more provisions of this agreement shall not affect the enforceability of any other provision(s) or of the remainder of this agreement.