Terms and Conditions

Definitions

"amoeba.life" web portal owned by AHPL offering resort bookings.

"AHPL" means Amoeba Hospitality Private Limited.

"AHP" means Amoeba Hospitality Partner, a resort that is using AHPL's listing services.

"Affiliate" means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with AHPL.

"User" means any authorized User utilizing the Site to enquire or book Resort Services through www.amoeba.life and any other person or group of individuals accompanying the user to the resort.

"Confidential Information" means User Deliverables, Owner Deliverables, Work Product, and any other information provided to, or created by, a User or AHP for a Service Contract or to perform or assist in performing Owner Services, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Owner or User; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

"Engagement" means an engagement for Resort Services that a Resort Owner provides to a User under a Service Contract on the Site.

"Owner" means a person who has been designated as an Owner of resort or property.

"Owner Services" means all services performed for or delivered to Users by Owners.

"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

"Payment Method" means a valid credit/debit card issued by a bank acceptable to AHPL, a bank account linked to your Account, a Payment gateway account, a debit card, or such other method of payment as AHPL may accept from time to time in its sole discretion.

"Site Services" means all services that are accessible through the Site.

"Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.

"User Content" means any data, feedback, content, text, photographs, images, video, music, or other information that you post to any part of the Site or provide to AHPL.

1. Applicability of the Agreement

This User Agreement (this "Agreement") incorporates the terms and conditions for AHP(you) & users (you)to access services of AHPL ("we" or "us"). AHP, User must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our portal amoeba. life, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors. This also includes all services, applications and products that are accessible through the Site and all AHPL mobile applications whether provided by us or our Affiliates. This Agreement includes and hereby incorporates the agreements and site usage policies and as such agreements and policies may be modified by AHPL from time to time. Subject to the conditions set forth herein, AHPL may, in its sole discretion, amend this Agreement and the Terms of Service at any time by posting a revised version on the Site. Any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. If a revised version includes a Substantial Change in that case, we will notify you in writing or email, of the Substantial Change Substantial Change becomes effective. Your continued use of the Site or the Site Services after the effective date of a revised version of this Agreement constitutes your acceptance of and agreement you remain bound by the Terms of Service. In the event of a conflict between this Agreement and the other Terms of Service, this Agreement will control unless the other Agreement explicitly states that it controls.

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES.

2. DIGITAL SIGNATURE

By registering for an AHPL account or login from social accounts on the site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement electronically, effective on the date you sign up for an Account or by booking pursuant to the prevailing Indian laws regulating the cyber contracts. Your Account sign up and/or registration or a booking done by you constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments for your reference.

3. CONSENT TO USE ELECTRONIC RECORDS

In connection to your use of this site and its services you may have to receive certain records, such as contracts, notices, invoices and communications, in writing. You give us permission to provide these records to you electronically instead of in paper form. AHPL will make all reasonable efforts to ensure that a paper form record is issued and mailed to you in exceptional cases like audit or demand by Law enforcing agencies.

4. AHPL ACCOUNTS

4.1 Account Eligibility

To use the Site Services, you must register for an Account with AHPL or login from social accounts or do a booking by clicking on terms and conditions. AHPL offers the Site Services for you as a user to perform booking or resorts and other related travel arrangements or Resort Services from the Resort Owners. To register for an Account, you must be a legal entity or an individual 18 years or older who can form legally binding contracts. By registering for an Account and by using the Site Services, or by clicking to accept the Terms of Service when prompted on the Site, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described on the Site; (b) be financially responsible for your use of the Site and Services; and (c) perform your obligations to provide services and or payments as specified by any Service transaction that you accept, unless such obligations are prohibited by applicable law or this Agreement. AHPL reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates this Agreement.

4.2 Account Registration

You agree to provide true, accurate, and complete information on all registration and other forms on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide false or misleading information about yourself. You must not provide false or misleading information about your property or the services you provide.

4.3 Usernames and Passwords

When you sign up for an Account, you will be asked to create a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password.

4.4 Feedback, User Reviews and Ratings

AHPL encourages you to leave objective balanced feedback about Resorts. AHPL provides its public feedback system as a means through which Users can share their opinions publicly and AHPL does not monitor or censor these opinions. AHPL does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User/ AHPL Hospitality Partner requests that AHPL do so. You may be held legally responsible and accountable for any consequences for damages suffered by other Users as a result of your remarks if such remarks are legally actionable or defamatory. AHPL is not legally responsible for any feedback or comments posted or made available on the Site by any Users, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, AHPL reserves the right (but is under no obligation) to remove posted feedback or information that in AHPL's sole judgment violates the Terms of Service.

4. PURPOSE OF THE SITE AND SITE SERVICES

The Site is a platform/technology enabler where Users, Individuals, or group and Resort Owners can identify each other and communicate so as to avail room bookings through resorts on our online platform www.amoeba.life and impart travel and Resort Services online or through online platform. Subject to the terms of this Agreement, AHPL provides the Site Services to both users and Owners.

5. PAYMENT TERMS

5.1 Service Fee

When a User books a room at the resort, AHPL will credit the Resort Owner's Account though electronic fund transfer after deducting an agreed service fee that AHPL earns and Resort Owner agrees to pay AHPL for creating, hosting, maintaining, and providing the Site and Site Services as per the terms mentioned under Commercials.

The user will make the payment to AHPL and AHPL after deducting service fee will remit the remaining amount to the Owner's account shared with AHPL.

5.2 Non-payment

If User fails to pay the Fees or any other amounts due under this Agreement, whether by cancelling User’s credit or debit card, initiating an improper chargeback, or any other means, AHPL may suspend the booking made by the user or close User’s Account and revoke User’s access to the Site. Without prejudice to other available remedies, User must pay AHPL upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the rate of 1.5% per month plus other costs of collection that may be incurred by AHPL to collect the revenue.

5.3 Refunds

User acknowledges and agrees that AHPL will charge User’s designated Payment Method for the fees. User agrees that once AHPL charges User for the Fees as provided in this Agreement, the charge is non-refundable unless cancelled as per the cancellation policy which may be updated time to time. User also acknowledges and agrees that this Agreement provides a dispute resolution process as a way for User resolve disputes.

5.4 Formal Invoices and Taxes

AHPL will be issuing formal invoices to both Users and AHPL Hospitality Partners. AHPL will be adding the applicable tax of the country/state/ province etc to be paid by the users to the invoice amount. It will deduct the applicable tax from the invoice amount and remit to the Tax Authorities.

6. NON-CIRCUMVENTION

You acknowledge and agree that a substantial portion of the compensation AHPL receives for making the Site available to you is collected as a deduction of the Service Fee described above (“Service Fee”). AHPL only deducts this Service Fee when a User pays and an Owner will receive payment from AHPL or its payment processor. Therefore, from the time you identify or are identified by any party through the Site (the “Non-Circumvention Period”), you must use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the "AHPL Relationship").

You agree to notify AHPL immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to AHPL by sending an email message to: partner@amoeba.life.

7. DISPUTE RESOLUTION

With respect to disputes arising between users and Owners, you agree to abide by the Dispute Resolution Policy. AHPL will assist with all possible and reasonable intervention to resolve the disputes, if any, between the user and Owner.

8. RELATIONSHIP WITH AHPL

AHPL merely makes the Site Services available to enable users to book a resort service. AHPL does not, in any way, supervise, direct, or control Owner and Owner’s property. AHPL makes no representations about, and does not guarantee the quality, safety, or legality of, the Services; the truth or accuracy of Owner’s listings on the Site; the qualifications, background, or identities of Users; the ability of Owners to deliver the Services.

AHPL is not required to and may not verify any feedback or information given to us by Owners or users, nor does AHPL perform background checks on Users.

You hereby acknowledge and agree that AHPL may provide information on the Site about a resort owner, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that owners voluntarily submit to AHPL and does not constitute and will not be construed as an introduction, endorsement, or recommendation by AHPL; AHPL provides such information solely for the convenience of Users.

9. THIRD-PARTY BENEFICIARY

User and Owner appoint AHPL as a third-party beneficiary of their Service Contracts for purposes of enforcing any obligations owed to, and any benefits conferred on, AHPL hereunder. User and Owner further agree that AHPL has the right to take such actions with respect to their Accounts, including, without limitation, suspension, termination, or legal actions, as we, in our sole discretion, deem necessary to enforce our rights as a third-party beneficiary.

This Agreement and any Account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Users and AHPL, except and solely to the extent expressly stated in this Agreement.

10. AHPL’S ROLE

You expressly acknowledge, agree, and understand that: (a) the Site is merely a venue where Users may act as Users and/or Owners; (b) AHPL is not a party to any Service Contracts between Users; (c) AHPL will not have any liability or obligations under or related to Service Contracts between Users; (d) AHPL has no control over Owners or the Owner Services; and (e) AHPL makes no representations as to the reliability, capability, or qualifications of any Owner or the quality, security, or legality of any Owner Services, and AHPL disclaims any and all liability relating thereto.

11. LICENSES AND SITE USE

11.1 Site License

Subject to the conditions on compliance with this Agreement, AHPL grants you a limited license to access and, if you have created an Account, to use the Site for the purpose of using the Site Services. You must not access (or attempt to access) the Site or Site Services by any means other than the interface provided, and you will not use information from the Site or Site Services for any purposes other than the purposes for which it was made available. You agree not to use the Site or Site Services for offering any goods or services other than Owner Services as permitted by this Agreement. You will not access Site Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Site Services. The AHPL logos and names are trademarks of AHPL and may be registered in certain jurisdictions.

11.2 Mobile and Other Devices

When using our mobile applications, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. Our mobile applications may not contain the same functionality available on the Site.

11.3 Site Updates

We may from time to time in our sole discretion develop and provide Site Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features. Updates may also modify or delete in their entirety certain features and functionality. You will promptly download and install all Updates and acknowledge and agree that Site Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the terms of this Agreement, unless otherwise provided in terms associated with such Update. AHPL reserves the right, at any time, to modify, suspend, or discontinue Site Services or any part thereof without notice.

12.1 Confidentiality

To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another's Confidential Information, except as necessary for the performance of Owner Services (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Owner).

12.2 Publication

For Publication please refer to the Privacy policy of www.amoeba.life

13. LIMITATION OF LIABILITY

AHPL is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:

  • your use of or your inability to use our Site or Site Services;
  • delays or disruptions in our Site or Site Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
  • glitches, bugs, errors, or defects of any kind in our Site or Site Services;
  • damage to your hardware device from the use of the Site or Site Services;
  • the content, actions, or inactions of third parties’ use of the Site or Site Services;
  • a suspension or other action taken with respect to your account;
  • your reliance on the quality, accuracy, or reliability of services, Owner profiles, ratings, recommendations, and feedback , or metrics found on, used on, or made available through the Site; and
  • your need to modify practices, or your loss of or inability to do business, as a result of changes to the Terms of Service.

14. RELEASE

In addition to the recognition that AHPL is not a party to any contract between User and Owner, you hereby release AHPL, its Affiliates, and its respective officers, directors, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Owner Services provided to User by an Owner and requests for refunds based upon disputes.

15. INDEMNIFICATION

You will indemnify, defend, and hold harmless AHPL, its Affiliates, and its respective directors, officers, employees, and representatives(each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to: (a) use of the Site and the Site Services by you, including any payment obligations incurred through use of the Site Services; (b) any Service Contract entered into by you; (c) failure to comply with this Agreement by you; (d) failure to comply with applicable law by you; (e) negligence, willful misconduct, or fraud by you; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you.

16. AGREEMENT TERM AND TERMINATION

This Agreement, as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services. Unless both you and AHPL expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other. You may provide written notice to info@ahpl.life. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, (a) if you have any open Engagements when you terminate this Agreement, you will continue to be bound by this Agreement until all such Engagements have closed on the Site; (b) AHPL will continue to perform those Site Services necessary to complete any open Engagement or related transaction between you and another User; and (c) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Engagements, whichever is later, to AHPL for any Site Services and to any Owners for any Owner Services. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or AHPL from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason.

Without limiting AHPL’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or AHPL or our Affiliates. If your Account is suspended or closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without AHPL’s prior written consent.

If your Account is closed or revoked for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If required by law, AHPL will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which AHPL will have no liability whatsoever.

16.1 Enforcement of Agreement

AHPL has the right, but not the obligation, to suspend or revoke your access to the Site and Site Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Terms of Service or violated our rights or those of another party. Without limiting AHPL’s other rights or remedies, we may suspend or close your Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the Site or the Services to you if (a) you breach any terms and conditions of this Agreement or other Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Users, or AHPL.

16.2 Consequences of Agreement Termination

Termination of this Agreement and/or closing of your Account will not relieve User of the requirement to pay for Owner Services performed prior to the effective date of the termination or thereafter for any Service Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes, User hereby authorizes AHPL to charge to its Payment Method pursuant to Section on Payment Terms.

Except as otherwise required by applicable law, we will notify you if we close your Account, unless we understand, in our sole judgment, that giving notice may cause damage. You agree as follows: IF AHPL DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, AHPL HAS THE RIGHT BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.

16.3 Survival

After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.

17. DISPUTES

17.1 Dispute Process and Scope

If a dispute arises between you and AHPL, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you and AHPL agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, your relationship with AHPL, the termination of your relationship with AHPL, or the Site Services in accordance with this Section. All the Parties will make reasonable efforts to settle the dispute amicably. If unresolved then parties can amicably and mutually agree to opt for arbitration.

17.2 Place of Jurisdiction.

This Agreement and any Claim will be governed by and construed in accordance with the applicable laws of Union of India. The jurisdiction for all disputes and arbitration will invariably be the Courts of Mumbai.

18. GENERAL

18.1 Entire Agreement

This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and AHPL relating to the subject matter hereof. Even though AHPL drafted this Agreement, you represent that you had ample time to review and decide whether to agree to the terms of this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof will arise favoring or disfavoring you or AHPL because of the authorship of any provision of this Agreement.

18.2 Compliance

User will not violate any applicable National, State, or local laws or on or related to the Site. Without limiting the generality of the foregoing, User agrees to comply with all applicable laws and regulations.

18.3 Modifications

No modification or amendment to this Agreement will be binding upon AHPL unless in a written instrument signed by a duly authorized representative of AHPL. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices, but will include facsimiles. This Section does not apply to amendments to this Agreement posted by AHPL to the Site from time to time.

18.4 No Waiver

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of such party.

18.5 Usability

User may not assign this Agreement, or any of its rights or obligations hereunder, without AHPL’s prior written consent in the form of a written instrument signed by a duly authorized representative of AHPL (and, for the purposes of this subsection, a written instrument will expressly exclude electronic communications such as email and electronic notices, but will include facsimiles). AHPL may freely assign this Agreement without User's consent. Any attempted assignment or transfer in violation of this subsection will be null and void.

18.6 Severability

If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

18.7 Force Majeure

The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance by such party will be extended by the period of such delay.