FMPG Terms of Use
1. Introduction
This document is an electronic record under the Information Technology Act, 2000, and sets forth the terms and conditions for using the FMPG platform, operated by DTwelve Spaces Private Limited. It applies to all users of the website and mobile applications.
2. Agreement to Terms
By accessing or using the FMPG platform, you agree to be bound by these terms. If you are a minor (under 18 years), your use must be supervised by a parent or guardian who agrees to these terms. Continued use after any changes to the terms indicates your acceptance of the updated terms.
3. Privacy Policy
Your use of the platform is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the platform, you consent to these practices.
4. User Eligibility
You must be 18 years of age or older to create an account. If you are under 18, you must have parental consent to use the platform. We reserve the right to terminate any account or refuse access if you provide false information or violate applicable laws.
5. Account Security
You are responsible for keeping your account credentials secure. Any activity under your account is your responsibility. Notify us immediately if you suspect unauthorized use of your account.
6. License to Us
We grant you a limited, non-exclusive, non-transferable, revocable license to use the platform for personal or internal business purposes. You must not modify, distribute, or create derivative works based on the platform without our express consent.
7. User Conduct
You agree to use the platform responsibly. You must not upload or share content that is illegal, harmful, or violates the rights of others. Any misuse, including spamming, hacking, or intellectual property infringement, will result in immediate account termination.
8. User Content
Content Ownership: Users retain ownership of any content they post or upload to the platform (such as reviews, comments, or photos). By posting content, you grant FMPG a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, and distribute this content on the platform.
Content Guidelines: User-generated content must comply with our community standards. Content that is defamatory, obscene, hateful, or infringes on the rights of others will be removed, and the user may face account suspension or termination.
9. Booking and Payment
Booking Confirmation: All bookings made through the platform are subject to availability and confirmation by the property owner. Once your booking is confirmed, you will receive a confirmation email with the details of your stay.
Payment Terms: Payment for bookings must be made as per the payment schedule provided during the booking process. Failure to make timely payments may result in cancellation of the booking.
Refund Policy: Refunds, if applicable, will be processed according to our refund policy. Please note that booking fees, service charges, or certain deposits may be non-refundable.
10. Verification of Identity
ID Verification: To ensure safety and security, users may be required to submit government-issued identification for verification purposes. FMPG reserves the right to refuse access or terminate accounts if the identification is found to be false or insufficient.
Background Checks: In certain cases, FMPG or property owners may conduct background checks on users. By using the platform, you consent to such checks as a condition of your booking.
11. Property Listings
Accuracy of Listings: While we strive to ensure that all property listings are accurate and up-to-date, we do not guarantee the completeness or accuracy of the information provided by property owners. It is the responsibility of the user to verify the details before making a booking.
Property Visits: Users are encouraged to visit the property in person before finalizing a booking. FMPG is not liable for any discrepancies between the listing and the actual property conditions.
12. Tenant Responsibilities
Property Care: Tenants are responsible for maintaining the cleanliness and good condition of their rented space. Any damage to the property caused by the tenant will be the tenant’s responsibility to repair or compensate.
Utilities and Maintenance: Tenants may be responsible for paying for utilities such as electricity, water, and internet, unless otherwise specified in the rental agreement. Tenants must report any maintenance issues to the property owner promptly.
13. Property Owner Responsibilities
Provision of Services: Property owners are responsible for providing the amenities and services as advertised in the listing. This includes ensuring that the property is clean, safe, and habitable at the start of the tenancy.
Maintenance and Repairs: Property owners must address any maintenance or repair requests in a timely manner to ensure the comfort and safety of the tenant.
14. Property Access
Entry by Property Owners: Property owners may enter the rented premises for maintenance, repairs, or inspections, but must provide reasonable notice to the tenant, except in emergencies.
Tenant's Right to Privacy: Tenants have a right to privacy and quiet enjoyment of the property. Property owners must respect this right and avoid unnecessary intrusions.
15. House Rules
Adherence to House Rules: All residents must adhere to the house rules specified by the property owner. These may include regulations related to noise levels, guest policies, cleanliness, and use of common areas.
Prohibited Activities: Any illegal activities, including but not limited to drug use, gambling, or unauthorized subletting, are strictly prohibited and may result in immediate eviction.
16. Security Deposits
Deposit Requirements: Some bookings may require a security deposit, which is refundable at the end of the tenancy, subject to the condition of the property and compliance with the terms of the agreement.
Deduction of Deposits: The property owner may deduct from the security deposit for unpaid rent, damage to the property, or other breaches of the agreement. The remaining balance, if any, will be returned to the tenant within the timeframe specified in the rental agreement.
17. Rent Increases
Notice of Increase: Property owners must provide adequate notice to tenants before implementing any rent increase, as per the terms outlined in the rental agreement or applicable law.
Agreement to Increase: Rent increases must be mutually agreed upon. If a tenant does not agree to the new rent, they may choose to terminate the agreement following the notice period.
18. Moving Out
Notice Period: Tenants must provide notice of their intent to vacate the property in accordance with the terms of their rental agreement. Failure to provide proper notice may result in forfeiture of the security deposit or additional charges.
Property Condition: Tenants must return the property in a clean and undamaged condition, except for normal wear and tear. Property owners may conduct an inspection and may charge for any necessary cleaning or repairs.
19. Subletting and Assignment
Subletting: Tenants are generally prohibited from subletting the property or assigning their lease to another party without the prior written consent of the property owner.
Breach of Subletting Terms: Unauthorized subletting or assignment may result in immediate eviction and forfeiture of the security deposit.
20. Visitor Policy
Guest Limits: Tenants may have visitors, but must adhere to any visitor limits set by the property owner or stipulated in the rental agreement. Extended stays by visitors may require prior approval.
Responsibility for Visitors: Tenants are responsible for the behavior of their visitors and may be held liable for any damage or disturbances caused by them.
21. Pets and Animals
Pet Policy: The presence of pets or animals in a rented property is subject to the property owner’s pet policy. Some properties may have restrictions on the types and sizes of pets allowed. Tenants must adhere to these policies and may be responsible for any damage caused by their pets.
Service Animals: Service animals are permitted in compliance with applicable laws. Tenants with service animals may be required to provide documentation supporting the need for the animal.
22. Compliance with Health and Safety Regulations
Fire Safety: Tenants must comply with all fire safety regulations, including the use of smoke detectors, fire extinguishers, and evacuation procedures.
Health Guidelines: Tenants must follow any health guidelines or regulations issued by government authorities or the property owner, particularly during public health emergencies such as pandemics.
23. Environmental and Sustainability Practices
Waste Management: Tenants are required to dispose of waste properly and recycle according to local regulations. Property owners may provide specific instructions for waste management on the premises.
Energy Conservation: Tenants are encouraged to conserve energy by turning off lights, appliances, and heating/cooling systems when not in use.
24. Property Maintenance Standards
Routine Maintenance: Property owners must maintain the property in a safe and habitable condition, performing routine maintenance as necessary. This includes ensuring that plumbing, electrical, and heating/cooling systems are functional.
Tenant Maintenance Responsibilities: Tenants are responsible for minor maintenance tasks such as changing light bulbs, maintaining cleanliness, and reporting any issues that require professional repair.
25. Damage and Liability
Reporting Damage: Tenants must report any damage to the property or its contents to the property owner immediately. Failure to report damage may result in the tenant being held liable for repair costs.
Liability for Damage: Tenants are liable for any damage caused by their actions or negligence, including damage caused by visitors or pets. Property owners may seek reimbursement for repair costs through the security deposit or other means.
26. Termination and Eviction
Grounds for Termination: The rental agreement may be terminated by the property owner if the tenant violates any terms of the agreement, including non-payment of rent, property damage, or illegal activities.
Eviction Process: In the event of termination, the tenant may be required to vacate the property within a specified period. Failure to vacate may result in legal action to enforce eviction.
27. Communications and Notifications
Electronic Communications: By using the platform, you consent to receive electronic communications from FMPG. These may include emails, SMS, or in-app notifications regarding your account, bookings, and promotional offers.
Opt-Out: Users may opt-out of promotional communications at any time by following the unsubscribe instructions provided in the communication. However, you may still receive transactional or account-related messages.
28. Third-Party Service Providers
Use of Third-Party Services: FMPG may utilize third-party service providers for certain functions, such as payment processing, background checks, or maintenance services. By using the platform, you agree to the involvement of these third parties as necessary.
Liability of Third-Party Providers: FMPG is not responsible for the actions or omissions of third-party service providers. Any disputes arising from third-party services should be addressed directly with the provider.
29. Intellectual Property Rights
Platform Content: All content on the platform, including text, images, and software, is protected by intellectual property laws and is the property of FMPG or its licensors. Unauthorized use or reproduction of this content is prohibited.
User-Generated Content: Users grant FMPG a license to use any content they upload or post on the platform, including reviews, comments, and photos. This license allows FMPG to display and distribute the content for promotional purposes.
30. Limitation of Liability
No Liability for Indirect Damages: FMPG will not be liable for any indirect, incidental, or consequential damages arising from your use of the platform, including loss of profits, data, or reputation.
Maximum Liability: FMPG's maximum liability to any user for any claim arising out of or related to the use of the platform is limited to the amount paid by the user, if any, to FMPG in the 12 months preceding the claim.
31. Governing Law and Dispute Resolution
These terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from or related to the use of the platform shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996.
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