Terms of Service (ALL SERVICE PROVIDERS)

 

1. TERMS OF SERVICE

2. TERMS OF OPERATIONS

3. PAYMENT AND RECONCILIATION

4. VCANWORLD– Consumer Discount policy

5. VCANWORLD PRODUCTS

6. INVOICING

7. SET-OFF

8. TAXES

9. BRAND EXCLUSIVITY

10. RIGHT TO AUDIT AND INSPECT

11. INTELLECTUAL PROPERTY

12 DATA PRIVACY AND RETENTION

13. CONFIDENTIALITY

14. TERM AND TERMINATION

15.INDEMNITY

16. LIMITATION OF LIABILITY

17. REPRESENTATION AND WARRANTIES

18. MISCELLANEOUS

Terms of Service (ALL SERVICE PROVIDERS)

 

Please read these Terms of Services carefully as they contain important information about your legal rights, remedies and obligations. By acceptance of providing your Property details and its inventory for on board the VCANBOOK platform, a subsidiary of Vcanworld. You agree to comply with and be bound by these Terms.

 

“VCANWORLD”, “we”, “us” or “our” “company” refers to the VCANWORLD entity with whom you are contracting. 

“You”, “they”, “service provider” “your” “patron” refer to all partners who have shown interest in becoming a partner for vcanworld by enlisting their property to be shown on the vcanworld’s online platforms. You have filled in the registration form and accepted the terms and conditions as part of the registration process.

www.vcanbook.com is managed by vcanworld thus The Terms constitute a binding legal agreement between you (the Service Providers) and VCANWORLD(company) which will govern your access to and use of the Vcanbook Platform.

This Agreement will equip the VCANWORLD Patrons with the capability and technology to enable them compete better, achieve high occupancies, improve earnings and get better results for their operational needs, by listing their Property, on vcanworld’s Platform to offer accommodation and various other services to VCANWORLD’s customers in search of quality accommodation and other services.

 

1. TERMS OF SERVICE

By accepting to enlist your property on the VCANWORLD platform, you agree to be bound by the commercial terms, Terms of Service mentioned herein, Terms & Conditions of VCANWORLD Platform as available at www.vcanworld.com

The VCANWORLDregistration form, has the link connected to these policies and terms which collectively form part of your agreement with VCANWORLD (collectively referred to as “Terms” or “Agreement”). If you do not agree with the Terms you may refrain from availing our services of listing your property on the VCANWORLD Platforms.

 

2. TERMS OF OPERATIONS

A. Use of Vcanworld Platform

  1. VCANWORLDis the company that is running the vcanbook Platform. This is available only to VCANWORLD Patrons who have shown interest to enlist their property on the website by creating an Account on any of the vcanworld Platform and provided that Account Information required for registration. The patron will be responsible for accuracy and integrity of the Account Information provided for the Account and to keep the Account Information up to date. Any updates to the Account Information will only be applicable once the same has been verified by vcanworld/vcanbook. Further, the patron are fully responsible for all activities that occur under your Account. In this regard, you authorize VCANWORLD to make any inquiries (either directly or through third party agencies) to verify your identity. This process may include 
  1. searching third-party databases and requisitioning associated reports, 
  2. requesting you to furnish a government identification (e.g., driver’s license, passport etc.), along with other information about you; or 
  3. requesting you to furnish documents to confirm ownership or any other right to on board the Property, banking information and other details as deemed necessary by vcanworld/vcanbook. 

Vcanworldreserves the right to terminate, suspend, or limit access to the vcanworldPlatforms in the event we are unable to obtain or verify any of the information necessary to complete the Account Information.

  1. Once the Account is activated, vcanworld grants the Patrons, during the period of this Agreement and subject to the terms and conditions hereof, the permission to 
  1. Utilize the Technological Know-How and 
  2. Be listed on the vcanworldPlatforms, to market or promote bookings, to provide accommodation services to vcanworldcustomers.
  1. The Patron acknowledges that it shall provide the services being run its operations to the vcanworld customers as per the operating standards which may be prescribed by vcanworld, from time to time, (whether vcanworld customers is attracted toit or otherwise).
  2. Vcanworld may advise the Patrons in modifying the Premises to uplift revenue generation opportunities for the Patron and enhance the consumer experience.
  3. All operating costs used during the delivery of its services, including the cost of employees, manpower, consumables, utilities, rents, taxes, Approvals, safety & security measures, etc. shall be the sole responsibility of the Patron.
  4. In case the Patron opts for a digital tablet, vcanworldmay provide the Patron, at the Patrons’ sole cost and expense, with a digital tablet or any other device to manage all check-in and check-out from premises and record the payment receipt. Patrons shall be solely responsible for the safe and proper operation of such devices. Patrons shall ensure that the device is not used to make any fraudulent booking or any other illegal purpose that may compromise the records or the accounts of the Patron or vcanworld. Patrons shall be liable to bear the cost of replacement or repair of the device in case any damage is caused to the device. Patrons shall assign the use and operation of the device to its authorized representatives and Patrons shall remain responsible as a principle to the act of its agents.
  5. The vcanworldPatron acknowledges that its performance may be ranked and measured in accordance with the vcanworldPolicies related to quality score, as may be communicated by vcanworldfrom time to time, and the customer feedbacks and reviews. The vcanworldPatron agrees that the ranking and performance rating shall be as per the sole opinion of the vcanworldcustomers and the same shall not be subject to dispute by the vcanworldPatron. Vcanworldshall have the sole discretion to change the terms of the said policy from time to time.
  6. Due to the nature of the Internet, vcanworld cannot guarantee the continuous and uninterrupted availability and accessibility of the vcanworld Platform. Vcanworld may restrict the availability of the vcanworld Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the vcanworld Platform. Vcanworld may improve, enhance and modify the vcanworld Platform and introduce new vcanworld Services from time to time. In case of any such interruption, the vcanworld Patron shall at all times honour the reservations made by vcanworld customers on the vcanworld Platform, online/offline channels as the case may be.

 

B. Property Listing

The Patron shall, at all times, comply with respective terms and conditions associated with the use of the vcanworldPlatform, vcanworlddevices and Technological Know-how and acknowledges that Listing of the Property on vcanworldis subject to vcanworldon-boarding requirements and vcanworldPolicies. Vcanworldreserves the right to suspend, at any time, the Property listing from the vcanworldPlatform and other demand channels and make it unavailable for reservation. 

The inventory and booking management of the Property after the execution of this Agreement shall be managed by the patron and with online support from vcanworld(including through its online and B2B sales channels). The Patron shall provide correct detailed particulars uploaded on the vcanworld platform(including but not limited to name, location, map, amenities, etc.) and inform vcanworldimmediately of all discrepancies. 

The Patron agrees and acknowledges that in order to improve visibility of a Property on vcanworldPlatform and or any other websites, vcanworldat its own expense, shall have the right to take and publish pictures of the Patron’s Property during the validity of this Agreement. It is understood and agreed by the Patron that the intellectual property rights for all such images shall rest solely with vcanworldand vcanworldin no way claims/guarantees with respect to the performance or saleability of the Property on account of the inclusion of the aforementioned particulars or pictures on vcanworldPlatform and or any other online or offline channels.

C. Available Rooms

The Patron shall ensure that the inventory of Rooms is updated real time, except the Non-Operational (out of order) Rooms, shall be made available on the vcanworldPlatform for reservations by vcanworldcustomers. Any and all rooms in the Property (Contracted Rooms or otherwise) shall at all times be under the operational control of the Patron. 

D. Non-operational Rooms & Blocked Rooms

The Patron shall not use the Non-Operational Rooms. 

E. Corporate Channels

Vcanworldmay offer rooms and/or banquets at the Property (with/without Value Added Services) to certain corporate guests / vcanworldcustomers under its own name as part of the B2B demand generated by vcanworld. The pricing for the same shall be fixed at the time of the booking.

F. Pricing

The patrons shall have exclusive rights to determine the pricing of Contracted Rooms. The publishing of such pricing for reservation by vcanworldto its customers on the vcanworldPlatform, online/offline channels shall be the responsibility of the Vcanworld. The Patron shall fulfil the bookings at such price. 

The Patron shall also honour the terms of any discount or promotional or incentive programs that they offer to the vcanworldcustomers from time to time.

G. Assured Check-in

The Patron acknowledges that guest servicing is a key responsibility under this Agreement and the Patron agrees and covenants that it shall not deny check-in to any vcanworldcustomer under any circumstances at the Property 

  1. So long the customer possesses a valid booking for the Property, through the Platform, and/ or online/offline channels, 
  2. Has complied with the terms of the booking and 
  3. Such bookings were made during the Term of this Agreement. 

If the Patron denies check-in to any vcanworldcustomer (including during the suspension of listing on the vcanworldPlatform or termination of this Agreement, where the booking was made prior to such suspension or termination, as the case may be), then the cost of shifting or relocating such vcanworldcustomers, cost of compensating the vcanworldcustomers for inconvenience and/or payment of penalties/ compensation/ damages/fines levied by a court of law and/or any ancillary cost, etc., shall be solely borne by the Patron and to that extent the Patron will keep vcanworldcompletely indemnified. Vcanworldhas the right to offset/adjust such amounts against monies due or payable to the Patron and reserves the right to levy penalties and/or liquidated damages (whether monetary or non-monetary) for such check-in denial under vcanworldPolicies. The Patron’s breach of this provision shall amount to a material breach of the terms of this Agreement.

H. Service Standards

The patron shall:

  1. Operate the Property throughout the Term in accordance with the terms of this Agreement;
  2. Shall maintain adequate staff to provide seamless services to vcanworldcustomers;
  3. Update itself on and shall always comply with all the Applicable Local Laws and vcanworldPolicies;
  4. Maintain a safe, hygienic, secure and sanitised Property at all times;
  5. Take all adequate measures and be responsible for safety and security of the guests and all other persons present at the Property and guidelines under the Policies related toSafety & Security, including Emergency Response Protocolsand
  6. Extend its unconditional cooperation and support towards handling any vcanworldcustomer complaints and request for information raised by law enforcement agencies at any time during the subsistence of this Agreement and even thereafter.

I. Suspension of Listing

a) Notwithstanding, anything to the contrary herein contained, vcanworldreserves the right to suspend the Patron’s Property and thereby suspend access to all bookings for the Property (received through the Platform and / or other demand channels) till such time as the outstanding issues are resolved.

b) Property may be suspended under the circumstances listed below or other such circumstances as vcanworld deems fit: 

  1. Failure of Patron to comply with the vcanworldPolicies and the terms of this Agreement;
  2. Any civil or criminal or tortious acts, commissions and omissions by the Patron, its employees, representatives, independent contractors; 
  3. Failure of Patron to comply with the Applicable Laws and regulations, including but not limited to obtain requisite Approvals as may be required to operate the Property or renewals thereof and/or maintain registers and records, etc.;
  4. Any inquiry / investigation against Patron or the Property which is pending with the law enforcement agencies or any government department;
  5. Risk of safety or security of vcanworldcustomers, vcanworldemployees, representatives, officials including but not limited to threat or assault;
  6. Ongoing business dispute with the Patron involving settlement and reconciliation of accounts;
  7. Instances of force majeure that render a patron unfit for receiving reservations from vcanworldcustomers;
  8. The patron has a continued low guest experience score;
  9. Change in ownership of Property or if the Patron fails to perform its obligations under the ownership documents;
  10. Property is undergoing renovation;
  11. Patron undertakes acts of disparagement towards the business and/ or brand and/ or reputation and/ or goodwill of vcanworld;
  12. Any information provided by the Patron to vcanworld, including on vcanworld Platforms, is found to be false, misleading or inaccurate; and 
  13. For any other reasons such as denial of check in to guests who have valid bookings/ reservations, poor safety and hygiene etc.

c) Notwithstanding, vcanworldshall be absolved of all obligations under the Agreement for the duration in which the Patron’s Property is suspended. The Patron shall indemnify, defend and hold harmless vcanworld, its officers, directors, employees, agents and assigns against all losses, damages, liabilities, costs or expenses arising out of any actions, disputes, litigations brought against vcanworldby (including but not limited to) any customer, private or government authority on account of the vcanworldpatron's breach of the terms herein or due to reasons that led to the Patron’s Property being suspended or issues that may arise at the Patron’s Property while the Property is suspended.

J. Guest Stay Policies

The Patron shall communicate its guest stay policies to vcanworldat the time of listing. The Patron confirms that it shall honour all the commitments made in the booking voucher at all times.

Payment by guests: Patron agrees that he/she/it will accept both pre-paid payment for all bookings done via the vcanworldplatforms. Vcanworld has tied up with online payment modules for booking and the whole amount collected against the booking after the transactions / applicable fees will be transferred to the patron

The patron will have to pay the subscription of the vcanworld platform on a 6 monthly or yearly cycle. All these payments will be done via online mode and no cash transactions will be expected and accepted.

All offline bookings are at the discretion of the patron for payment method. vcanworldwill have no role to play in all the form of payment for any offline bookings made by the patron]

K. Property Branding

The Patron, upon the execution of this Agreement, shall install a signage/branding and at such location, inside and outside the property so as to encourage maximum visibility of the vcanworld platforms be it on the facade of the Property, the room or the reception. The cost of the same will be borne by the patron.The Patron shall be solely responsible for bearing any and all costs associated with the affixation, removal of and any repair of damage caused to such signage and other material.

Signage shall be placed in compliance with Applicable Laws. Any applicable licenses required or taxes levied by the Central, State or local municipal authorities in this regard shall also be obtained / borne solely by the Patron. The design of the same will be provided by vcanworld.

3. PAYMENT AND RECONCILIATION

  1. All customer payments of the Patron will be collected by vcanworldand forwarded VCANWORLD directly to the account of the patron. There is no option of cash payment to vcanworld. vcanworld shall not be held liable for any delay in processing the payments  to the Patron due to incomplete Account Information and/or pendency of verification of the same
  2. Revenue Assurance: vcanworldis not managing the revenue of the property. It is the sole discretion of the patron for revenue management and pay the taxes as applicable. 
  3. The parties agree that the reconciliation cycle period may be changed at the sole discretion of vcanworld, in which case such changes will be notified to the Patron in terms of clause listed below. 
  4. Vcanworld shall provide a statement showing reconciliation of the accounts to the Patron. The Patron shall be required to raise any payment related issues within 7 (seven) days of receiving the reconciliation statement. All reconciliation statements shall be deemed accepted in the event no issue/dispute is raised by the Patron in the prescribed time. All issues pertaining to payment and reconciliation of accounts are a contractual matter and the Parties shall endeavour to resolve them amicably.
  5. The parties agree that vcanworld reserves the right to introduce or remove various products and/ or services time and charge incremental fees and/ or commissions for such products and/ or services with prior notice to the Patron. The Patron acknowledges that such variation in fees or commissions by vcanworld, will be commercially reasonable in nature. All terms and conditions associated with the new products and / or services shall be available in the Policies and communicated to the Patron separately. 
  6. Vcanworld shall be entitled to offset any outstanding amounts that may be owed by the Patron to vcanworld from time to time from the amount paid by the Patron. The Patron alone shall be responsible to maintain adequate balance as per this Agreement and Secure throughout the entire term of this Agreement failing which vcanworld shall have the right, at its own discretion, to suspend/terminate listing of the Property and/or shift the Property on mandatory prepayment option for bookings on the vcanworld Platform. Upon expiry/termination of the Agreement, the balance amount due to the Patron, after making deductions (if any) shall be refunded by vcanworld within 30 (thirty) days to the Patron
  7. Vcanworld shall charge Platform Fees, and any fee towards VAS or any other additional services related to the usage of the vcanworld Platform.

4. VCANWORLD– Consumer Discount policy

  1. The Patron shall participate in and honour the terms of vcanworld designated loyalty, discount, promotional, management, advertising, satisfaction and/or other guest programs (including any room discounts, rewards programs, voucher programs, pet-friendly policies, billing programs, corporate memberships, frequent traveller programs, photographic or virtual tour programs or gift card programs) etc. in accordance with itsPolicies.
  2. The Patron shall comply with all standards and requirements of any Guest Program, including any fees, as vcanworld may implement and periodically modify.

5. VCANWORLD PRODUCTS

Vcanworldmay, from time to time, introduce Products and will notify the Patron accordingly and will be available at Policies. Each of the vcanworldProducts may carry specific terms and conditions including fees. If the Patron opts for any specific VCANWORLD Product, it agrees to pay the charges / fees set by vcanworld, which the Patron acknowledges as a reasonable fee for the provision of such services. 

6. INVOICING

a. The Patron shall, for each valid booking, irrespective of its mode of payment (prepaid or pay at Property), issue a valid GST invoice with the full value of payment, to the vcanworldcustomer in the manner set forth under this clause. If the Patron does not have a GSTN, then the Patron shall issue a non GST invoice to the customer. Notwithstanding the forgoing, 

The Patron shall remain liable to ensure compliance with all applicable tax laws including payment of all applicable taxes

b. The parties agree that it shall at all times be the Patron’s obligation and responsibility to issue timely invoices to our customers.A valid invoice must have the following components, unless otherwise required by law:

1. Invoice Number

2. Unique booking ID

3. Tax segregated as CGST + SGST

4. GSTN Number (of person issuing invoice, if applicable)

5. Services

6. Date of issuance

7. Valid Signature

c. Vcanworldmay offer sale of rooms with/without value added services to certain guests under its own name. In such cases Patron shall issue Tax Invoice/Bill of Supply in the name of vcanworld. If GST credit on such invoices is not passed to vcanworld, then vcanworldwill deduct the GST credit amount while making payment to the Patron.

d) Vcanworldreserves the right to withhold and/or release applicable GST if the Patron does not hold a valid GST registration.

e) If the Patron is registered for GST, it is mandatory for the Patron to share its GSTN with vcanworld and include the same in all invoices to guest(s), failing which vcanworld shall presume that Patron is not GST registered. If the Patron does not hold a valid GST registration, vcanworld shall deduct applicable GST and deposit the same in the Govt. treasury and recover/withheld the same from the amount payable to the Patron, recover any shortfall thereof.

 

GST Rates on accommodation in Hotels

18thJuly 2022 and onwards

The decision to withdraw the exemption provided for the room rents up to Rs 1000 per day was taken at the 47th GST Council Meeting.

Room Rent

Rate

Rs 0 to Rs 7500 per day

12% with ITC

Rs 7501 and more

18% with ITC

GST Rate notified vide aCGST (Rate) Notification 03/2022 dated 13th July 2022.

 

7. SET-OFF

  1. The Patron acknowledges and agrees that vcanworld will not be obliged to pay any amounts as setoff to the Patron under this Agreement so long as any sums, which are then due from the Patron under this Agreement remain unpaid and any such sums, which would otherwise be due will fall due only if and when the Patron has paid all such sums except to the extent VCANWORLD otherwise agrees or sets off such amount against such payment pursuant to the foregoing.

8. TAXES

  1. Vcanworld and the Patron, with respect to the services rendered or products offered in their respective capacity, are solely responsible for compliance of Transaction Taxes. For the avoidance of doubts, 
    • It is clarified that the Patron is solely responsible for providing accommodation and other associated services in respect of and in relation to the stay of the guest at the Property, irrespective of the booking channel through which reservation is made or to whom the payment for such reservation is made, including but not limited to food and beverage, laundry, etc. and hence shall be solely responsible to pay all Transaction Taxes that may be levied or leviable on 
    • (a) such accommodation and services and 
    • (b) Any other ancillary purchase or sale of goods and services that is required for the purpose of rendering its services. The compliance (including but not limited to issuance of tax invoice or bill of supply, computation and deposition of taxes to the government treasury, filing of returns etc.) with tax laws, if any required, is the sole responsibility of the Patron. 
    • VCANWORLD is in no manner responsible for ensuring such compliance, including payments of any taxes on the accommodation and associated services, except if required under applicable laws.
  2. All Fees including but not limited to Platform and / or ServiceFee charged by vcanworld to the Patron for providing Services is exclusive of all Transaction Taxes which will be charged over and above such Fees at rates applicable under the law of the applicable jurisdiction on provision of such Services by vcanworld.
  3. In the event vcanworld is made liable to pay Transaction Taxes under any law for the time being in force on the services rendered or goods supplied by the Patron, then Parties agree that vcanworld shall have the right to recover such Transaction Taxes from the Patron. The Patron shall pay such amount without any demur or protest. Furthermore, the Patron shall indemnify and keep vcanworld indemnified against any and all tax related claims /charges /levies /penalties /costs /deficiency. Vcanworld may furnish a certificate/ document to demonstrate proof of deposit of such Transaction Tax from time to time if it is required under the law to provide such proof of payment to the Patron.
  4. In certain jurisdictions, tax regulations may require that vcanworld collect and/or report information about you, or withhold taxes from pay-outs to you, or both. If you fail to provide vcanworld with documentation that it determine to be sufficient to support any such obligation to not to withhold Taxes from pay-outs to you or not to report information, vcanworld may withhold pay-outs up to the amount as required by law and / or provide information to the authorities.
  5. For the avoidance of doubt, all sums payable by the Patron to vcanworld under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Transaction Taxes charged by vcanworld to you and remitted to the appropriate tax authorities, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority.
  6. Each Party is individually responsible for payment of taxes determined / payable with reference to profits of that Party.
  7. Any duties, cesses or taxes (including stamp duty) payable on execution of this Agreement/Terms and any other instrument entered into under this Agreement /Terms shall be the responsibility of VCANWORLD Patron and shall be borne by the VCANWORLD Patron

9. BRAND EXCLUSIVITY

  1. Vcanworld has made and is making considerable investment in its business and associated technology to create a distinguished range of service offerings to its Patrons as well as guests. Patrons who have executed the Agreement and fulfil the conditions herein are entitled to have their Property marketed under the agreed vcanworld Marks. The vcanworld Marks are associated with the Property as an identifier that the Property is availing the services of vcanworld and has opted to be listed on vcanworld Platform. It is hereby clarified and acknowledged by the Patron that the usage of vcanworld Marks along with the brand names of the Property/ Patron shall not be considered to be any form of joint branding/joint ownership of the name/trademarks.
  2. Other than as provided under the terms of the Agreement, the Patrons shall not, during the period of the Agreement, enter into any other agreement directly or indirectly to list the Property (whether with or without the vcanworld Marks) with any other online or offline platforms in any manner for selling/ marketing / promoting Contracted Rooms at the Property.
  3. Notwithstanding anything stated herein, if the Patron defaults / breaches its obligation under this clause then the Patron shall be deemed to have breached a material obligation and shall be liable to pay liquidated damages amounting to twice the average Service Fee for the last 3 months multiplied by the period from the date of breach until the date of expiry of this Agreement and exclusive of applicable taxes. In the event 3 (three) months have not elapsed before such breach is detected, the average vcanworld Service fee for the number of days elapsed since the Go-Live Date shall be considered while computing liquidated damages in accordance with the formula given above.
  4. In addition to the remedy provided in abovementioned Clause, vcanworld shall have a right to suspend/withdraw the Patron's right to associate their Property with the vcanworld Marks and/or terminate the Agreement.
  5. All disputes in respect to this will in the jurisdiction of the Chandigarh courts only.

10. RIGHT TO AUDIT AND INSPECT

  1. The Patron is obligated to fully and accurately report all Revenue generated from the Property including disclosure, upon request, to vcanworld, records of all charged check-in and check-out at the Property. In order to ensure strict compliance with reporting and account reconciliation for the Property, vcanworld shall have a right (but not an obligation) to undertake periodic digital and/or physical audits/ surprise checks to ensure that the Patron is adhering to the terms of this Agreement, including vcanworld Policies, from time to time. Vcanworld shall have a right to conduct such audits without prior notice through its representatives, third party audit agencies and/or mystery customers. The vcanworld Patron shall not object to such audits and challenge the findings based on the fact that no prior notice was given for such audit.
  2. Additionally, vcanworld shall have a right to review the customer / visitors records and/or financial / other records of the Patron pertaining to the Property and/or this Agreement. The Patron shall cooperate during such audit / inspection or any inspection / investigation carried out by any vcanworld, or any third party audit agency appointed by vcanworld and/or any government authority (ies) and provide necessary support and correct information, records, documents, etc. The Patron shall also provide uninterrupted access to vcanworld authorised personnel / representatives to the Property for such inspection / audit.

11. INTELLECTUAL PROPERTY

VCANWORLD has through the investment of considerable time and money developed a unique and distinctive system of creating a network of high-quality budget accommodation and connecting such network hotels to potential customers at a large scale under the mark “VCANWORLD” and other associated logos, trademarks, service marks, certification marks, designs and brands (“vcanworldMarks”), issued patents and patent applications (whether provisional or non-provisional), internet domain names and social media accounts or user names, whether or not trademarks, all associated web addresses, URLs, mobile applications, websites and web pages, social media sites and pages, and all content and data thereon or relating thereto, whether or not copyrighted (“IP Rights”). The system includes but is not limited to the use of proprietary and distinctive techniques (developed or used by vcanworld), technology, software, trade secrets, inventions, databases, training methods, operating methods, designs and decor, uniform apparel, color schemes, furnishings, marketing materials, promotional strategies, booking and guest management systems, revenue management services, OTA management services, and customer service requirements among other additional innovation and updates that vcanworldbrings to its systems and processes to enhance the vcanworldPatron’s management of the Property and performance (“Technological Know-How”), all of which collectively i.e. the vcanworldMarks, IP Rights and Technological Know-How is proprietary to vcanworldand may be modified and improved from time to time by vcanworld(“IP Bundle”). The vcanworldPatron acknowledges that vcanworldor its affiliates are the exclusive owner of the IP Bundle and that the vcanworldPatron shall not make any claims on the IP Bundle except as expressly contemplated under this Agreement for the use of vcanworldServices and vcanworldProducts. The use and license of IP Bundle is directed towards promoting the vcanworldPatron in its network in a manner that may enhance the goodwill associated therewith.

The vcanworldPatron agrees that it enjoys promotional advantage on being associated with the brand name “VCANWORLD” and availing of the Technological Know-How vcanworldauthorizes the Patron to use the IP Bundle (on a revocable, non-transferable, non-assignable and non-exclusive basis) for the limited purpose of this Agreement. The Patron undertakes not to do anything prejudicial to the IP Bundle or damage or harm vcanworld’sgoodwill and reputation. The Patron agrees in order to protect the VCANWORLD’s IP Bundle intellectual property rights and maintain a common identity and reputation of its network of properties, the Patron shall comply with the Policies related with branding and minimum quality specifications laid down from time to time. Any breach by Patron in respect thereof may cause irreparable harm and injury to vcanworldand its intellectual property. You acknowledge that you have read and agreed to the vcanworldPolicies related to branding. 

In the event the vcanworldPatron becomes aware of any infringement of the IP Bundle by any other party, the Patron shall immediately notify vcanworldin writing.

The Patron may conceive and develop new and improved methods of carrying out its business and improvements in operating procedure and other additions or modifications to the existing IP Bundle (hereinafter referred to as “Improvements”). The Patron agrees to disclose fully any Improvements to vcanworldand vcanworld) shall determine the feasibility and desirability of incorporating them into vcanworld’s existing IP Bundle. For avoidance of doubt, it is clarified that the right, title and interest in any and all Improvements shall rest with vcanworldregardless of which Party contributed to the Improvements. The Patron shall without delay, demur or protest transfer all rights in any such Improvement to vcanworldwithout any additional consideration.

The Patron shall not undertake any activities to decompile or reverse engineer any elements of the IP Bundle for its or their advantage or for the advantage of any third party. In the event the Patron learns of a claim of infringement or if a third party brings a claim of trademark infringement, copyright infringement, breach of confidential information and misappropriation of any trade secret against the Patron whether or not such infringement is as a result of the Patron using their IP in conjunction with vcanworldIP Bundle, the Patron shall promptly notify vcanworldof such claim. The Patron shall indemnify vcanworldto the fullest extent permitted under Applicable Law from and against all damages arising out of any claim by a third party against vcanworld. In the event vcanworldor any of its group companies is impleaded as a party to proceedings such as the aforesaid, the vcanworldPatron agrees to compensate vcanworldfor all reasonable and necessary costs related thereto, including but not limited to reasonable attorneys’ fees.

12 DATA PRIVACY AND RETENTION

  1. Vcanworld Customer Data: The Patron acknowledges that personal information of the vcanworld customers/ guests is collected and shared with the Patron only for the purpose of this Agreement / Terms and the Patron also collects personal information of the guests upon check-in at the Property. The Patron also acknowledges that vcanworld is the owner of all rights, title and interests in any and all information (whether in verbal, written, manual or electronic form) received by the Patron or vcanworld through the vcanworld Platform, OTA, call centers, travel agents, directly from the guests, at the Property and/ or exchanged / received pursuant to the acceptance of these Terms by the Patron which includes but is not limited to vcanworld’s information, Patron’s information, Property description and images, guest information, guest histories and preferences, guest identification details, etc. (regardless of the source of such Data and the manner of its collection) (“Data”). The Patron agrees to collect, process, store and use Data in accordance with the provisions of the Applicable Laws and in the manner provided for in VCANWORLD's Privacy Policy available on the VCANWORLD Platform.
  2. VCANWORLD Patron Data: The vcanworld Patron acknowledges and expressly consents that Data (whether or not in aggregated, pseudonym and/or anonymised form) related to the vcanworld Patron, the Property and other parameters collected under this Agreement / Terms may be used, transmitted, processed, shared and transferred by vcanworld (to other entities under the vcanworld group or third parties), (i) for performance evaluation, optimization and improvement (ii) benchmarking (iii) for marketing and advertising ; (iv) where vcanworld has a duty to or are permitted to disclose Data under Applicable Law or under a court/ Government order; (v) in connection with any merger, sale of company assets, consolidation or restructuring, financing, liquidity event or acquisition or (vi) any other lawful purpose.

13. CONFIDENTIALITY

All documents, instructions, details collected under this Agreement / Terms including the VCANWORLD customer/guests’ personal data, brand standards, operating standards, technology, systems, training manuals, financial details, terms of this Agreement / Terms, account and sales information, any and all information and/or documents shared with the VCANWORLD Patron under this Agreement, etc., whether shared through any oral or written information exchanged between the Parties directly or indirectly, before, during or after the execution of this Agreement or in connection with the preparation and performance this Agreement, shall be considered as secret and confidential information (collectively referred to as “Confidential Information”) and VCANWORLD Patron undertakes not to copy or disclose any of its contents or concepts to any other party and not to make any direct or indirect use thereof except as required for due performance under this Agreement / Terms. This Agreement / Terms is confidential in nature and shall not be disclosed by the VCANWORLD Patron to any other third person except as otherwise required by law. During the performance of its obligations under this Agreement / Terms, the VCANWORLD Patron and its employees, officers, agents, proprietors, directors, shareholders, stakeholders, contractors or any third party resources (“Representatives”) may have access to Confidential Information, which shall be kept fully confidential by the VCANWORLD Patron and its Representatives. The VCANWORLD Patron shall execute necessary non-disclosure agreement with its Representatives and take any other steps that it would reasonably take to protect such Confidential Information. The obligation under this provision shall survive termination or expiration of this Agreement.

14. TERM AND TERMINATION

a. The term of this Agreement shall be valid and binding upon the parties from the Go-Live Date and shall continue to be valid for the Term of 1 year. This Agreement shall stand extended for further durations of 12 months each at the end of its initial Term with mutual consent. 

The contractcan only by terminated in accordance with the provisions of this Agreement, on the same commercials prevalent immediately prior to such extension

b. Either party may terminate this Agreement by giving a 30 (thirty) days prior written notice to the other without assigning any reason thereof. 

c.Notwithstanding anything contrary mentioned in this Agreement, either Party shall be entitled to terminate the Agreement anytime in the event: 

(a) there is a material breach of the Agreement by the other Party or there has been a misrepresentation by the defaulting Party and it fails to cure the said breach within a period of 15 days from the date on which it is notified of the said breach; or 

(b) A Party files for bankruptcy or becomes or is declared insolvent; or 

(c) If any act or omission of the defaulting Party, including failure to procure or maintain Approvals, causing disruption in the business operation of the Party or the Property.

d. In addition, vcanworld shall be entitled to immediately terminate this Agreement for cause any time during the term of this Agreement in the event:

(i) The Patron and/or the Property fails to uphold or comply with vcanworld Policies at any time during the validity of this Agreement; or

(ii) Any act or omission of the Patron and/or its representatives results in financial loss and/or reputational harm to vcanworld; or

(iii)The Patron and/or its representatives engage in unlawful acts or acts that disparage vcanworld in a private/ public set up, on social media/print media; or

(iv) A proposal of land acquisition in respect of any material part or all of the Property is being effected by any governmental body; or

(v) There is a dispute or threat of a dispute concerning title of the Property; or

(vi) The Patron ceases to be the owner of the Property or if the Patron’s interest is derived in the Property through a lease/operating agreement and such arrangement lease expires or is terminated;or.

(vii) The Property remains suspended for a period of 45 days; or

(viii) The Patron delays transformation of the Property as per the Transformation Standards Policy for a period exceeding 90 (Ninety) days; or

(ix)Any information provided by the Patron is found to be false, misleading or inaccurate

e. Upon termination or expiry of this Agreement for any reason whatsoever:

(i) vcanworld and the Patron shall undertake an account reconciliation, and subsequently a full and final settlement with respect to the Property including all expenses and advances which are payable by the Patron under this Agreement to vcanworld and the Patron shall make payments due to vcanworld;

(ii) The Patron shall honour all bookings made at the Property up until the date of termination and continue to discharge all its obligations under this Agreement;

(iii) Vcanworld shall delist the Property from vcanworld Platform;

(iv) Vcanworld shall initiate action for delisting the Property from OTAs upon full and final settlement with the Patron;

(v) The Patron shall have no right to use any Confidential Information or IP Bundle provided to the Patron under this Agreement and shall forthwith return to vcanworld any such Confidential Information in its possession;

(vi) The Patron shall at its own cost remove all internal and external Branding from the Property.The Patron shall cease to use vcanworld’s name, logo or any of the associated vcanworld Marks, IP Bundle and shall not represent itself in any manner to be associated with vcanworld;

(vii) The Patron shall provide vcanworld with a copy such registers and records, including but not limited to the A&D Register and other guest and payment details, etc., as and when requested by vcanworld; and

(viii) The Patron shall not be entitled to enter into any new agreement with vcanworld or any of the entities within the vcanworld group whether directly or indirectly for such period as vcanworld may determine.

15.INDEMNITY

To the maximum extent permitted by law, the Patron shall, upon written demand by vcanworld, indemnify, defend (at vcanworld’s option) and keep harmless vcanworld, its officers, directors, entities in the vcanworldgroup, agents, and employees against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) Patron’s usage of the vcanworldPlatform (ii) any content provided by the Patron for listing on the vcanworldPlatform which infringes a third party's intellectual property rights; (iii) breach of any obligations under this Agreement / Terms; (iv) negligence or other tortious conduct of the Patron; (v) misrepresentations made by the Patron; (vi) any non-compliance of Applicable Laws, including but not limited to delay in payment/ non-payment of taxes and delay in filing/ non-filing of returns or failure in obtaining / renewal of the requisite licenses / approvals / permits or failure to maintain any registers and records; 

(vii) Actions which may bring disrepute to vcanworld’s reputation and brand 

(viii) Vcanworldcustomer complaints and costs arising from their experience at the Property in connection with their booking and/or complaints/penalties from law enforcement agencies and regulatory authorities; 

(ix) The settlement beneficiary for the payments to be made under this Agreement by vcanworldwhich is different from the authorized representative signatory to this Agreement; 

(x) stay / visit of any vcanworldcustomer or visitors at the Property, your interaction with them, including without limitation any bodily injuries, death, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of stay / visit at the Property; and (x) loss or damage suffered by vcanworlddue to fraud or misconduct or negligence by the Patron during its engagement in any Guest Program including but not limited to the Wizard Program.

The provisions of this clause shall survive the termination of this Agreement / Terms.

16. LIMITATION OF LIABILITY

Other than remedies specifically provided under this Agreement by way of liquidated damages, neither party shall be liable to the other party for any indirect, incidental, punitive, special or consequential damages or losses (including without limitation for loss of profit or revenue etc.) whether under contract or in tort and even if the other party had been advised of the possibility of such damage or loss. In no event, shall the vcanworld’s liability under or in connection to this Agreement exceed the Demand Fee paid by the Patron to vcanworldfor a period of 1 (one) month preceding the date of such claim.Other than remedies specifically provided under this Agreement by way of liquidated damages, neither party shall be liable to the other party for any indirect, incidental, punitive, special or consequential damages or losses (including without limitation for loss of profit or revenue etc.) whether under contract or in tort and even if the other party had been advised of the possibility of such damage or loss. In no event, shall the vcanworld’s liability under or in connection to this Agreement exceed the Service Fee paid by the vcanworldPatron to vcanworldfor a period of 2 (two) month preceding the date of such claim.

17. REPRESENTATION AND WARRANTIES

The Patron represents and warrants that:

  1. It has full legal right, power and authority to carry on its business and to enter into this Agreement and accept the Terms and perform all its obligations, terms and conditions hereunder and neither the acceptance of these Terms, nor the delivery of the Agreement, nor fulfilment nor compliance with the Terms and provision hereof, will conflict with, or result in a breach of terms, conditions or provisions of, or constitute a default under, or result in any violation of its charter document or bye law, if any, or any agreement, restriction, instrument, order , judgement, decree, statute, law, rule or regulation to which it is subjected or require any consent, approval or other action by any court, tribunal, administrative or governmental body.
  2. It is operating its business in compliance with all the Applicable Laws, regulations and statutes and it has the requisite approvals and licenses in place (including lift operating, fire department clearance, tourism, local municipality approvals and licenses etc.) To operate the Property and conduct its business as contemplated under this Agreement.
  3. It is the owner of the Property, it has and shall maintain lawful and undisputed title, possession and ownership of the Property throughout the term of this Agreement, free from encumbrances;
  4. If the Patron’s interest in the Property is derived through a lease arrangement/operating arrangement., it has a no objection certificate from the owner(s) of the Property expressing the owner’s consent towards the Patron entering into this Agreement with vcanworldand has a lawful, valid and subsisting lease/operating agreement of the Property throughout the term of this Agreement, for the purpose for which this Agreement has been executed;
  5. The Property is not in violation of any Applicable Laws that could affect the services and business arrangement contemplated under this Agreement with vcanworldor draw risks or liabilities towards vcanworldin any manner;
  6. It is not in dispute with vcanworldand/or any of its subsidiaries or affiliates;
  7. The Property has not been delisted by vcanworldand/or any of its subsidiaries or affiliates.
  8. Has not been charged with or been found guilty of any offence punishable under provisions of any other Applicable Laws; it/he/she has not been charged with or been found guilty of any offence punishable under the Indian Penal Code, 1860 or provisions of any other Applicable Laws;
  9. Has not/ shall not enter into any arrangement with a third party for the Contracted Rooms;
  10. The Contracted Rooms consist of the entire room inventory in the Property (other than Non Operational Rooms); and
  11. Has handed over all its OTA credentials of the Property to vcanworld. 
  12. It/he/she has neither provided or will provide any content/information/material (including but not limited to the name of the Property, trade name, logo, design of the Property, etc.) to vcanworldor on vcanworldPlatform that infringes upon or violates any third party rights, including but not limited to intellectual property rights (trademarks, copyrights etc.), rights of privacy or rights of publicity. 
  13. It/he/she has necessary rights to all the content provided and published on vcanworldPlatform and that such content does not contain any misleading, libellous, tortious, or otherwise unlawful information.

18. MISCELLANEOUS

  1. Disclaimer of Warranties- We provide the vcanworld Platform and all content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: 
  1. we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Patron or guest, listing or third party; 
  2. (ii) we do not warrant the performance or non-interruption of the vcanworld Platform; and 
  3. (iii) We do not warrant that verification, identity or background checks conducted on listings. Any references to a vcanworldPatron or listing being "verified" (or similar language) indicate only that the vcanworldPatron or listing or vcanworldhas completed a relevant verification or identification process and nothing else. Further, vcanworldis not responsible for any loss suffered by the Patron as a result of incorrect banking or taxation or other financial information provided by the Patron. The disclaimers in these Terms apply to the maximum extent permitted by law. The Patron shall be responsible for its conduct, performance, safety measures, quality, legality or compliance with Applicable Law and in case any guest has any claim against any such listing or services provided by the Patron, the Patron shall be solely responsible for the same and shall be liable for any damages payable to the guest.
  1. Governing Law & Jurisdiction - These Terms shall be construed and enforced in accordance with the laws of India. If any dispute shall arise between the Parties hereto concerning the construction interpretation or application of any of the provisions of the Terms, such dispute shall be referred to the arbitration in accordance with Arbitration and Conciliation Act, 1996. The Parties agree that the maximum permissible fees payable to the arbitrator for conducting the arbitration proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996. In the event of any conflict between the rules of The CADRE and the provisions of the Arbitration and Conciliation Act, 1996, the Arbitration and Conciliation Act, 1996 shall prevail.The arbitration shall be conducted in English. The juridical seat and venue of arbitration shall be Chandigarh and the courts of Chandigarh shall have exclusive jurisdiction for any applications arising out of the arbitration.The arbitration proceedings shall be conducted online without the need for a physical appearance unless specifically requested by the arbitrator. Oral evidentiary hearings are necessary for the purpose of the arbitration, the arbitration shall be conducted only on the basis of the documents via online platform. However, the decision of the arbitrator with respect to the mode of conducting the arbitration shall be final and binding upon the parties. The award shall be in writing and final and binding on the Parties. The Parties shall be responsible to bear their respective costs and expenses in relation to any such arbitration proceeding and are subject to the final award being passed by the arbitrator i.e. both the parties shall share the cost jointly during the conduct of the arbitration proceedings with respect to the administrative charges and arbitrator fees. However the arbitrator shall have the discretion to order costs i.e. passing a cost award in favour of the successful party along with the final award.If for any reason The CADRE refuses to act or does not acknowledge the email for appointment of an arbitrator or fails to appoint an arbitrator within a period of 5 days from the date of the email containing a request for appointment, then vcanworld shall have the right to name another independent arbitral tribunal to appoint the sole arbitrator and conduct the arbitration.Any failure, delay or forbearance on the part of vcanworld 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 VCANWORLD 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.

  1. Compliance with Laws -  As an Patron, it is your sole and absolute responsibility for identifying, understanding and complying with all Applicable Laws, rules, regulations and contracts with third parties that apply to your Property. For example, some cities have laws that restrict your ability to host guests for short periods or provide certain hotel / homes related services. In all cities, vcanworld Patrons may have to register, get a permit or obtain a license before providing certain hotel / homes related services including but not limited to preparing food, serving alcohol for sale, guiding tours or operating a vehicle, installation of hoardings and signage or to maintain certain registers & records or to intimate the authorities regarding guest stay. Patrons shall be alone responsible for identifying and obtaining any required permits, licenses, consents, approvals, registrations and authorizations for any services they offer, including but not limited to GST Registration and applicable GST compliances, FSSAI, health, trade licenses, building approvals, Property related licenses, registrations, and NOC’s as may be applicable and any other license necessary for establishing and operating the Property, carrying on its business and for the performance of its obligations hereunder. Patrons understand that certain types of services may be prohibited altogether and penalties may include fines or other punitive actions. Patrons are responsible for checking and reviewing all laws, rules and/or regulations applicable to their listing. Any information which vcanworld may provide in relation to any legal requirement is for information purposes only and vcanworld Patrons confirm to undertake independent review of their legal obligations, including obtaining legal advice, if required. Further, the Patron shall and shall ensure that all its officers, employees and agents, at all times, comply with all laws, rule, regulations and notifications pertaining to anti-bribery, anti-corruption and money laundering and/or corrupt payments including but not limited to Prevention of Corruption Act 1988, Indian Penal Code, 1860, Foreign Contribution (Regulation) Act, 2010, Prevention of Money Laundering Act, 2002, Foreign Corrupt Practices Act 1977, UK Bribery Act 2010 including any such policies of vcanworld (along with their modifications) that the Patron and its officers, employees, third party service providers/contractors and agents may be required to comply with from time to time.Patron shall support and cooperate with any review or audit exercise to monitor business conduct undertaken by vcanworldor any government authority including but not limited to submission of periodic compliance certifications upon vcanworld’s request, and cooperating with investigations pertaining to violations and share documents that may be required for such investigation/audit. Patron shall not, directly or indirectly, employ or engage with third parties that employ persons who are under the permissible legal age at the Property including engagement of child labour and/or bonded labour, and the Patron will remain in compliance with all applicable labour laws. Patron shall maintain compliance with all Applicable Laws including but not limited to Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (“POSH”), Immoral Traffic (Prevention) Act, 1956, Protection of Children From Sexual Offences Act, 2012 (“POSCO”) and provide a safe environment for its employees, contractors, visitors and guests and to promptly report any instances of violation to the local law enforcement agencies and vcanworld. Patron shall ensure its officers, employees and agents do not use, possess, distribute, sell or be under the influence of illegal drugs and/or alcohol at the Property and maintain strict compliance with all local legislations and rules in this respect. Patron shall be solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to the Property and its operations. Patron shall be solely responsible for any claims of infringement of any third party rights (including but not limited to intellectual property rights like trademark, copyright, designs etc.,) in relation to any content provided by Patron and published by vcanworldon the vcanworldPlatform or otherwise. In the event of any claim/notice/order is received from any third party/authority alleging that the content relating to the Property is infringing any third party rights, then 
  1. vcanworldPatron shall remove or cause to remove all infringing content from vcanworldPlatform as well as at the Property; and 
  2. vcanworldwill also have the absolute right to remove/modify the said content (including but not limited to the name of the Property, images etc.,.) from/in the vcanworldPlatform as well as OTAs where the Property is listed, as well as any signage/hoardings (which contains the VCANWORLD brand) at the Property at the sole cost of the Patron, unless the Patron obtains an order from the competent court allowing continued use of such content
  1. Insurance - The Patron shall during the term of the Agreement, maintain at all times appropriate insurances with coverage as per industry standards, which shall include but not be limited to fire insurance, commercial general liability insurance, error and omission liability insurance, etc., for the Property. You are advised to carefully review policy terms and conditions including coverage details and exclusions.
  2. Force Majeure - Notwithstanding anything to the contrary contained herein vcanworld shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, outbreak of an epidemic and/or pandemic, natural disasters, imposition of lockdown by any local, state and central government, significant or partial travel restrictions, interruptions, malfunction or breakdown of computer facilities, cyber-attacks, irretrievable breakdown of vcanworld platform, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest.
  3. Relationship - The parties’ relationship, as established by this Agreement, is solely on principal to principal basis as independent contractors agreeing to provide service on the basis of this Agreement. Neither party is a legal representative, agent or employee of the other party, and other than specifically authorised under this Agreement, neither Party can assume or create any obligation, representation, warranty or guarantee, express or implied, on behalf of the other party for any purpose whatsoever..
  4. Assignment - The vcanworld Patron shall not assign, transfer or delegate this Agreement to any third party without vcanworld’s prior written consent. V shall be entitled to assign the benefit of this Agreement to any other party at any time and shall inform the Patron thereof within a period of 30 days thereafter.
  5. Amendment/Modification - V reserves the right to amend the Commercial Terms by way of a prior written intimation to the Patron duly acknowledged and accepted by the Patron. Notwithstanding the foregoing, V also reserves the right to modify these Terms (except Commercial Terms), at any time. It will be your responsibility to keep yourself updated with the Terms from time to time. We will endeavour to intimate you of any changes at least 30 (thirty) days prior to such changes becoming effective. Your continued usage of the V Platform and Services would be deemed to be an acceptance of the Terms and the modifications thereto.
  6. Waiver - Neither party’s failure to exercise any right or remedy in consequence under these Terms will not constitute a waiver of such term or condition or prevent subsequent enforcement of such term or condition, unless agreed in writing.
  7. Notice -Unless specified otherwise, any notices or other communications to Patrons under these Terms, will be provided electronically and given by vcanworld via either email, vcanworld Platform notification, messaging service (including SMS and Whatsapp), or any other contact method that is enabled by vcanworld and contact information provided by you. Any notices to vcanworld shall be sent on info@vcanworld.com
  8. Severability - The Patron acknowledges and agrees that if any of the provisions of this Agreement is deemed invalid, void, illegal, and unenforceable, such provision shall stand severed from this Agreement and the remaining provisions of this Agreement shall remain valid and enforceable and binding on the Parties.
  9. Publicity - The Patron understands and agrees that by virtue of the Services provided under this Agreement, vcanworld shall use/publish the Patron and/or its Property’s name, details and images including other details on any vcanworld Platform(s) and online and offline demand channels. However, the Patron shall not have the right to use the vcanworld name or vcanworld Marks in any independent sales or marketing publication or advertisement, or in any other manner, without prior written consent of vcanworld, except for and to the extent permissible under this Agreement.
  10. Authority to execute and stamping: By accepting to the terms (physically, electronically or through other legally recognised means of execution) this Agreement, the Patron represents and covenants that he/she has the authority to sign and execute this Agreement on behalf of Patron. Any duties, cesses or taxes (including stamp duty) payable on execution of this Agreement and any other instrument entered into under this Agreement shall be the responsibility of Patron and shall be borne by the Patron.
  11. Entire Agreement - These Terms as may be supplemented by additional terms and conditions, including policies, guidelines, standards, and in-product disclosures (as well as those items incorporated by reference) contains the entire understanding between vcanworld and you with respect to listing your Property on vcanworld Platform and supersede any and all prior oral or written understandings or agreements between vcanworld and you. You acknowledge and agree that if any of the provisions of these Terms are deemed invalid, void, illegal, and unenforceable, such provision shall stand severed from these Terms and the remaining provisions of these Terms shall remain valid and enforceable and binding on you and vcanworld.

 


 

 

Appendix 1

DEFINITIONS

“Account” shall mean the account created by the VCANWORLD Patron on the VCANWORLD Platform. 

“Applicable Law” shall mean the requisite information in relation to the VCANWORLD Patron, including but not limited to Property details, personal details, copy of government identification, corporate identification, banking information, tax documentation etc.

“Approvals”shall mean all necessary approvals, permissions, authorizations, consents, clearances, licenses and notifications as may be applicable or required from any governmental, regulatory or departmental authority (central or state or local, including building sanctions, lift operating licenses, fire department clearance, tourism, local municipality approvals and licenses etc.) required by the VCANWORLD Patron to carry on its business from the Property, which are valid and have not ceased or extinguished or suspended due to any reason.

“Contracted Rooms” shall mean the number of rooms listed on the VCANWORLD Platform under this Agreement other than the Non Operational Rooms at the Property for listing on VCANWORLD’s Platform and other OTA’s. Contracted Rooms shall at all times be under the operational control of the VCANWORLD Patron.

“Commercial Terms” shall mean the financial terms associated with the provision of Products and Services under this Agreement as first agreed above and/ or agreed subsequent to the signing of this Agreement based on which subscription(s) and fee(s) will be charged by VCANWORLD

“Data” shall mean any and all information (whether in verbal, written, manual or electronic form) received by VCANWORLD and/or the VCANWORLD Patron through the VCANWORLD Platform, OTA, call centers, travel agents, directly from the guests, at the Property and/ or exchanged / received pursuant to the of acceptance of these Terms which includes but is not limited to VCANWORLD’s information, VCANWORLD Patron’s information, Property description and images, guest information, guest histories and preferences, guest identification details, etc.

 “Go-Live Date” shall mean the date when the Property is listed and made available for bookings on the VCANWORLD Platform.

“Non-Operational Rooms” shall mean the number of rooms other than the Contracted Rooms at a Property that are either retained by the VCANWORLD Patron for own use and/or are non-sellable/non-serviceable and/or are under maintenance during the term of this Agreement.

“OTA” or “Online Travel Agent” shall mean all online travel agents, meta channels, online aggregators or any other online search engines where the Property is listed.

“OTA NOC” shall mean the no objection certificate executed by the VCANWORLD Patron to assign its OTA credentials to VCANWORLD.

“Patron, you, your, yourself” shall mean the company, individual, joint owner, partnership firm or a limited liability partnership entering into this Agreement and such VCANWORLD Patron may be the owner, lessor or operator of the Property.

“VCANWORLD Platform” shall mean and include the website www.vcanworld.com, any and all subdomains thereof, and any other websites through which VCANWORLD makes the services available, our mobile, tablet and other smart device applications, and application program interfaces.

“VCANWORLD Policies” or “Policies” shall collectively mean the time of acceptance of these Terms, and as may be updated from time to time and policy that may be issued by VCANWORLD from time to time, including in relation to Standard Operating Procedures, Service Standards, Value Added Services, Product and Policies, Guest Booking Policy, Branding Policy, Quality Score/ 3C Policy, Privacy Policy, etc., and/or such other policies as referred above in the Terms. [Please insert hyperlink of the VCANWORLD Policies]

“VCANWORLD Products” or “Products” shall mean the offerings introduced by VCANWORLD during the course of this Agreement whether physical/electronic or in the form of a service solely for the purpose of augmenting the VCANWORLD Patron’s experience with VCANWORLD or enhancing guest experience.

“VCANWORLD Policies” or “Policies” shall collectively mean the time of acceptance of these Terms, and as may be updated from time to time and policy that may be issued by VCANWORLD from time to time, including in relation to Standard Operating Procedures, Service Standards, Value Added Services, Product and Policies, Guest Booking Policy, Branding Policy, Quality Score/ 3C Policy, Privacy Policy, Digital Audit Policy, VCANWORLD Secure Policy, Transformation Standards Policy etc., and/or such other policies as referred above in the Terms. VCANWORLD Policies are available at https://www.vcanworld.com.

VCANWORLD Services” or “Services” shall mean all the services offered by VCANWORLD to the VCANWORLD Patron pursuant to the terms of this Agreement for the purpose of equipping the VCANWORLD Patron with enhanced operational capabilities, guest experience, technologies, demand channel and inventory management capabilities and revenue management services that enable the VCANWORLD Patron to compete better, achieve higher occupancies through demand generation for the Property, generate Revenue and improve earnings by listing their Property on the VCANWORLD Platform and other OTA’s

“VCANWORLD Secure” shall mean a certain amount deposited in a secure wallet by the VCANWORLD Patron as set out under the corresponding slab under Commercial Terms, which gets adjusted with the payment reconciliation.

“VCANWORLD Wizard” or “VCANWORLD Wizard Program” shall mean the customer loyalty program offered by VCANWORLD to guests who upon payment of a membership fee avail certain discounts for their bookings for the membership duration in addition to availing any additional services which may be offered to other members of the VCANWORLD Wizard Program from time to time.

“Platform Fee” shall mean the percentage of the Revenue towards use of VCANWORLD’s Technological Know-How

“Property” shall mean the hotel / homes / flat / apartment, owned / leased and/or operated by the VCANWORLD Patron.

“Revenue” for the purpose of calculation of Platform Fee and Demand Fee, shall mean all revenue generated from a guest’s stay at the Property including but not limited to the following:

1. All applicable charges for accommodation at the Property;

2. Charges for room upgrades including applicable fee for early check-ins and late check-outs;

3. Sale of room packages or any other tour and travel packages sold at the Property;

4. Booking through OTA(s), other online channels and walk-in(s);

5. VCANWORLD Patron references and other services provided;

6. All applicable levies, cesses, duties whether imposed by local / state / central authorities (wherever applicable), whether charged separately or not;

7. Charges for food and beverages/meal plan (availed through the VCANWORLD Platform or any other online/offline demand channel managed by VCANWORLD); and

8. Revenue from any chargeable activity (availed through the VCANWORLD Platform or any other online/offline demand channel managed by VCANWORLD) incurred during the guest’s stay at the Property.

“Service Fee” shall mean a certain percentage (%) of Revenue charged as per the corresponding slab set out under the Commercial Terms towards the demand generation for the Property through managing all the demand channels, both online and offline, including but not limited to VCANWORLD Platform, OTA, VCANWORLD offline sales, VCANWORLD call center, walk-ins and may or may not include fees for Value Added Services or Products. However, Service Fee shall be reduced to the extent of any discounts and incentives offered by VCANWORLD from time to time.

“Service Standards” shall have the meaning ascribed to it under Clause 3(H) of this Agreement and / or any other Policy issued by VCANWORLD to lay down standards and parameters for measuring the performance of the Property, including but not limited to guest experience

“Transaction Tax” means a mandatory charge determined /determinable with reference to transaction(s), (on purchase / sale or rendering / receiving of service/ goods) to be levied under the Applicable Law or administrative order in force, including but not limited to value added tax, sales tax, goods and service tax, excise tax, sales and use tax, consumption tax, municipal tax, tourism tax, lodging tax, digital service tax or by whatever name called and includes interest, penalties and fines.

“Technological Know-how”  shall mean to include but not be limited to the systems developed or used by VCANWORLD in order to enhance the VCANWORLD Patron’s management of the Property and performance in the nature of proprietary and distinctive techniques, technology, software, training methods, operating methods, designs and decor, apparel, color schemes, furnishings, marketing materials, promotional strategic, booking and guest management systems, revenue management services, OTA management services, along with, additional innovation and updates that VCANWORLD brings to its systems and processes.

“Term” shall mean a period of 12 months commencing from the date first mentioned above and any renewal thereof, in accordance with its Terms.

“Value Added Services” or “VAS” shall mean new or improved technologies, tools, applications and services developed and introduced and offered by VCANWORLD to the VCANWORLD Patron to enhance occupancy, guest experience, etc. in relation to the Property from time to time.

“Walk-in Waiver” shall mean a certain percentage (%) of Service Fee charged on the Walk-in Revenue generated at the Property, which may be waived by VCANWORLD, in accordance with its Terms.

"Walk-in Revenue" shall mean to include all booking and associated services revenue generated at the Property except booking revenue generated through the VCANWORLD Platform and/or other demand channels managed by VCANWORLD including OTA.

 

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