Terms and Conditions
Welcome to thebasic.co.in (the “Website” or “Service”), operated by THE BASIC (Swagatika Mishra). (“us” “we” or “our”). These Terms of Use contain the terms and provisions applicable to your access to and use of the Website and any other feature, content offered from time to time by us (the Website, the “Services”). Your use of the Services is subject at all times to these Terms of Use (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions. By using or accessing this Website (whether as a guest or a registered user) you confirm your agreement to these Terms and Conditions. Your use of this Website is at all times subject to these Terms and Conditions (which form a legally binding contract between THE BASIC (Swagatika Mishra) and you) and all applicable laws. If you do not agree to these Terms and Conditions, do not use this Website. These Terms and Conditions apply to the services available from thebasic.co.in and any of its current or future sub-domains (the "Services"). We reserve the right to change these Terms and Conditions from time to time. Any such changes will be displayed on this Website. Your continued use of this Website following such changes will be deemed to be your acceptance of such amended Terms and Conditions. If you do not accept any such changes, you should stop using this Website. Any further product specific Terms and Conditions are documented in the relevant product pages. They apply specifically to those products and services and form an integral part of the Terms and Conditions of use of THE BASIC (Swagatika Mishra), its website and services provided. In the event of any conflict between the terms and conditions of this User agreement, and any other terms and/or conditions applicable to the service, we shall determine which rules, restrictions, limitations and terms/conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination. Using The Service We grant you permission to use the service subject to the restrictions on these terms. Your use of the service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate
Scope Of Service
We are a company who provides basic solutions during your extended stay in a city, particularly when you are on a business trip or long vacation. Not only stay but we provide an experience where you can see the same city differently. We, at THE BASIC (Swagatika Mishra) are committed for a holistic growth of the ecosystem. We believe in environment first policy and are in the process of taking step toward eco-friendly homes. There are all such of possibilities in an oligopolistic market. Competition is healthy but we don’t believe in competition at all. We only believe in contribution and partnering for a sustainable growth. We are committed to set benchmarks in services rather being a competitor or example to any trend. Owner and tenant to host and guest this is a relation you would establish. THE BASIC (Swagatika Mishra) is not all about stay or food. Its whole about how you bring difference in your life by adapting small basic techniques. Explore yourself with our services.
Ownership
The Services and all rights therein are and shall remain our property. Neither these Terms nor your use of the services convey or grant to you any rights in or related to the services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or services marks. All content appearing on the THE BASIC (Swagatika Mishra) platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics, and logos are trademarks, service marks, or trade dress (together “Marks”) of THE BASIC (Swagatika Mishra). Our marks may not be used for any purpose except pursuant to our trademark usage policy. All other marks are the property of their respective owners and may not be use without their prior written consent. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or res-sell any content, software, products, or services obtained from or through the site without the express permission of THE BASIC (Swagatika Mishra).
Eligibility; Accounts and Registration
You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with THE BASIC (Swagatika Mishra) permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
Content
Our service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Contents”). You are responsible for the content that you post to the service, including its legality, liability, and appropriateness. When you give Us content, you grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers), licence to use, display, distribute and reproduce such content in whole or in part in any media, including via our Partners' Websites as set out below (We need these rights to host and display your content). You warrant that all content (including, but not limited to, photographs) provided by you is accurate and does not infringe the rights of any third party and you shall indemnify us and keep us indemnified against any claim against Us by any third party in relation to any such infringement. We reserve the right to not initiate or discontinue any service we provide if we suspect any breach against this clause. You explicitly agree any compensation paid at that point is forfeit.
Site content
Copyright and other intellectual property laws protect all of the information and content available on this Site (collectively, "Content"). The Content is owned by THE BASIC (Swagatika Mishra), Affiliate, and/or their licensors and suppliers (which may include owners, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, "Licensors and Suppliers"). You may interact with or download a single copy of any portion of the Content for your personal, non-commercial use, but you may not reproduce, sell, publish, distribute, modify, display, perform, re-post, transmit, or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of THE BASIC (Swagatika Mishra).
Subscription Information
You subscribe for certain Services and obtain access to password-protected areas of the Website, you must establish THE BASIC (Swagatika Mishra) account by providing us with current, complete and accurate information as prompted by the online enrollment form and by selecting a password, the confidentiality of which shall be your responsibility. You may not use anyone else’s THE BASIC (Swagatika Mishra) account in connection with your use of the Services, or permit anyone else to use the Services or to access password-protected areas of the Website using your account. You agree to notify THE BASIC (Swagatika Mishra) immediately of any actual or suspected unauthorized use of your account, or any other breach of security.Certain Services may be subject to fees charged by THE BASIC (Swagatika Mishra) ("Fees") which will be identified at the point of purchase of such Services. Additional functionality and services may be offered or provided by us from time to time and these will be described on the Website. Services requiring Fees which have not been previously agreed upon will be notified to you, and your agreement to be responsible for any such additional Fees will be required. You agree to pay all amounts due upon demand directly to THE BASIC (Swagatika Mishra), and THE BASIC (Swagatika Mishra) further reserves the right to either suspend or terminate your THE BASIC (Swagatika Mishra) account and your access to the Services in such circumstances.
Payment Terms
You understand that use of the services may result in charges to you for some certain services obtained (“Charges”). The company will receive and/or enable your payment of applicable charges for services obtained through your use of services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees. All charges and payment will be enabled by the company using the preferred payment designated on the website. Charges paid by you are final and non refundable unless/otherwise determine by the company. As between you and the company, the company reserves the right to establish, remove and/or revise charges for any of all service obtained through the use of the services at any time in the company’s sole discretion.
Feedback
If you choose to provide input and suggestions regarding the Services, including related to any THE BASIC (Swagatika Mishra) Materials (“Feedback”), then you hereby grant THE BASIC (Swagatika Mishra) an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
Availability, Errors and Inaccuracies
We are constantly updating our services on our website (“Service”) the product of services available on our website may be mispriced, described inaccurately or unavailable and we may experience delays in updating information on the service and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time prior notice.
Copyrights and trademarks
All trademarks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code and any other information provided to you in the course of the receipt of any Services, are owned or licensed directly by Us. Without Our prior written permission, you may not copy, reproduce, reverse engineer, modify, create derivative works from, publish, transmit, distribute, or otherwise publicly display, or sell or transfer any material on this Website or the underlying software code or any other information provided to you in the course of the receipt of any Services, whether in whole or in part. However, a single copy of the contents of this Website may be downloaded, printed or copied for your personal non-commercial use. If you breach any of these Terms and Conditions, your permission to use the materials on this Website and any other information provided to you in the course of the receipt of any Services, automatically ceases and you must immediately destroy any copies you have made.
Reservation of Rights
You acknowledge and agree that the website is provided under license, and not sold, to you. You do not acquire any ownership interest in the service under this agreement, or any other rights there to other than to use the service in accordance with the license granted, and subject to all terms and conditions, restrictions, under this agreement. THE BASIC (Swagatika Mishra) shall retain its entire right, title, and interest in and to the website, including all copyrights, trademarks, and other intellectual property rights there in or relating there to, except as expressly granted to you in this agreement.
User Restrictions
We grant you a limited, revocable, nonexclusive license to access and make personal use of the Services. The Services, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written express consent. You will not:● Use the Services for any purposes other than the purpose expressly allowed by us herein;
● Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials contained in the Services;
● Use the Services for any illegal purpose, harmful manner, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
● Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services;
● Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or the Applications or any part thereof;
● Modify, adapt, translate or create derivative works based upon the Services; the content of the Services or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
● Intentionally interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
● Use the Services in order to provide similar services to any third party or for competing with our Service;
● Use our Services or content on any platform or website not provided and approved by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws. Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any Services.
Communications
THE BASIC (Swagatika Mishra) website may use gps locator capabilities to identify your current location. If you provide a mobile phone number, you hereby expressly consent to receive sms text messages from THE BASIC (Swagatika Mishra), regarding the services and as otherwise described in our privacy policy. The communication standards for the services include but are not limited to sms, gps, and web based browser technology. In other to use the sms based services, you must maintain an active account with a carrier of electronic communications through mobile devices.
Modification To Services
THE BASIC (Swagatika Mishra) (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Web site. THE BASIC (Swagatika Mishra) may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice.
Third Party Services
The Services may provide, or users may provide, links to Worldwide Websites or resources (“Third Party Material”). Because we have no control over such Third Party Material, you acknowledge and agree that we are not responsible for the availability of such Third Party Material, and do not endorse and are not responsible or liable for any Third Party Material, advertising, products, or other materials on or available from such Third Party Material. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Material, goods or services available on or through any such Third Party Material. ACCESS AND USE OF THIRD PARTY MATERIALS, INCLUDING THE INFORMATION, MATERIALS AND SERVICES ON OR AVAILABLE THROUGH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.
Termination
You understand and agree that in THE BASIC’s or an Affiliate’s sole discretion, and without prior notice, your access to this Site or any portion thereof may be terminated, and THE BASIC (Swagatika Mishra) and Affiliates may exercise any other remedy available if either THE BASIC (Swagatika Mishra) and/or an Affiliate believes that your use of the Site and/or any Materials you provided violate: (i) these Terms, (ii) the rights of THE BASIC (Swagatika Mishra), the applicable Affiliate, or any user of the Site, or (iii) any law, rule or regulation, or are otherwise objectionable or inappropriate for any reason. You agree that monetary damages may not provide a sufficient remedy to THE BASIC (Swagatika Mishra) and an Affiliate for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that THE BASIC (Swagatika Mishra) post a bond. THE BASIC (Swagatika Mishra), or as applicable, Affiliate, are not required to provide any refund to you if you are terminated as an authorized user of the Site or any portion thereof pursuant to this Section.
Indemnification
BY USING THE WEBSITE OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO CAUSED YOU HARM. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY POTENTIAL OR CONSUMMATED TRANSACTION), AND IN CONSIDERATION OF OUR PROVISION OF THE SERVICES, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE BASIC (Swagatika Mishra) AND EACH OF ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE OR SERVICES. YOU AGREE TO INDEMNIFY AND HOLD THE BASIC (Swagatika Mishra) (AND EACH OF OUR OFFICERS, DIRECTORS, AND EMPLOYEES) HARMLESS FROM ANY THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ALLEGING FACTS OR CIRCUMSTANCES THAT, IF TRUE, COULD CONSTITUTE YOUR BREACH OF ANY OF THESE TERMS. WE WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU AGREE TO REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.
Limitation of Liability
Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We exclude all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to this Website or any Services, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, availability, compatibility, accuracy or completeness.
You acknowledge and agree that:
The material on this Website is only for information purposes and is provided on an "as is" and "as available" basis without representation or endorsement of any kind and is obtained at your own risk. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action. Neither THE BASIC (Swagatika Mishra) nor any participant in this Website and its Services provides professional advice of any kind and use of such advice or other information is solely at your own risk and without Our liability of any kind.THE BASIC (Swagatika Mishra) will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond THE BASIC (Swagatika Mishra)'s control. THE BASIC (Swagatika Mishra) makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious or impairing computer program.
The material on this Website may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information on this Website up to date or liability for any failure to do so.
We have no control over, do not guarantee, and you will not hold Us responsible for:
● viewings or management of properties;
● the quality, safety or legality of items advertised;
● the truth or accuracy of listings;
● the truth or accuracy of feedback or other content posted by users on this Website;
● the ability of users to vend or pay for items; or
● whether a user will actually complete a transaction.
You should not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on this Website. You accept sole responsibility for the legality of your actions under laws applying to you in connection with your use of this Website and/or the receipt of any Services. THE BASIC (Swagatika Mishra) cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on this Website.
While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Services.
Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We (including Our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this Website, or in connection with the use, inability to use, or results of the use of this Website, any websites linked to it and any materials posted on it. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence.
Disclaimer of warranties and limitation of liability
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE AND/OR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR APPLICATIONS INCLUDED ON THE SERVICES, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICES OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICES AND THE CONTENT THEREIN ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, DEVICE VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN OUR SERVICES. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. CERTAIN PROVINCIAL AND/OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.