Terms and Conditions

Guest Terms

These legally binding Terms and Conditions (the “Terms”) constitute an agreement enforceable by law (the “Agreement”) between you and Evrcare Services India Private Limited, a company incorporated under the laws of India with CIN U93000HR2019FTC083416 and registered office at 301-302, 3rd Floor, Good Earth City Center, Sec-50, Gurugram, Haryana (“Evrcare”, “we”, “us” and/or “our”) governing your access to and use of the Evrcare website, including any subdomains thereof, and any other websites through which Evrcare makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Evrcare Services”). The Site, Application and Evrcare Services together are hereinafter collectively referred to as the “Evrcare Platform”. 

 

1. Evrcare Services

1.1 The Evrcare Platform is a marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Elderly” and the services they offer are “Elderly Services”) to publish such Elderly Services on the Evrcare Platform (“Listings”) and to transact with Members that are seeking to book such Elderly Services (Members using Elderly Services are “Guests”). Elderly Services may include the offering of stay (“Accommodations”).

1.2 As the provider of the Evrcare Platform, Evrcare does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Elderly Services. Elderly alone are responsible for their Listings and Elderly Services. When Members make or accept a booking, they are entering into a contract directly with each other. Evrcare is not a real estate broker or insurer. 

1.3 While we may help facilitate the resolution of disputes, Evrcare has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Elderly Services or (ii) the performance or conduct of any Member or third party. Any references to a Member being “verified” (or similar language) indicates that the Member has completed a relevant verification or identification process. Any such description is not an endorsement, certification or guarantee by Evrcare about any Member. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, or use other Elderly Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. 

2. Usage of Evrcare Platform

2.1 In order to access and use the Evrcare Platform or register an Evrcare Account you must be an individual at least 18 years old, a citizen or lawful resident of India and able to enter into legally binding contracts.

2.2 Access to and usage of the Evrcare Platform is subject to completing a verification process for which KYC documents shall be required.

3. Account Registration

3.1 You must register an account (“Evrcare Account”) to access and use certain features of the Evrcare Platform. If you are unable to register, Evrcare shall create the same for you. 

3.2 You can register an Evrcare Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google. 

3.3 You must provide accurate, current and complete information during the registration process and keep your Evrcare Account up-to-date at all times.

3.4 You may not register more than one (1) Evrcare Account unless Evrcare authorizes you to do so. You may not assign or otherwise transfer your Evrcare Account to another party.

3.5 You are responsible for maintaining the confidentiality and security of your Evrcare Account credentials and may not disclose your credentials to any third party. 

4. Content

4.1 Evrcare may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Evrcare Platform (“Member Content”); and (ii) access and view Member Content and any content that Evrcare itself makes available on or through the Evrcare Platform, including proprietary Evrcare content and any content licensed or authorized for use by or through Evrcare from a third party (“Evrcare Content” and together with Member Content, “Collective Content”).

4.2 The Evrcare Platform, Evrcare Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of India. You acknowledge and agree that the Evrcare Platform and Evrcare Content, including all associated intellectual property rights, are the exclusive property of Evrcare and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Evrcare Platform, Evrcare Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Evrcare used on or in connection with the Evrcare Platform and Evrcare Content are trademarks or registered trademarks of Evrcare in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Evrcare Platform, Evrcare Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

4.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Evrcare Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Evrcare or its licensors, except for the licenses and rights expressly granted in these Terms.

4.4 Subject to your compliance with these Terms, Evrcare grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Evrcare Platform and accessible to you, solely for your personal and non-commercial use.

4.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Evrcare Platform, you grant to Evrcare a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Evrcare Platform, in any media or platform. 

4.6 You are solely responsible for all Member Content that you make available on or through the Evrcare Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Evrcare Platform or you have all rights, licenses, consents and releases that are necessary to grant to Evrcare the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Evrcare’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

4.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Evrcare policy. 

5. Payments

5.1 Any and all payments by a Guest to an Elderly shall be made only through Evrcare.

5.2 Upon receipt of each payment from a Guest, Evrcare shall deduct 10% of the same as non-refundable service fee from the Elderly (“Elderly Fees”) in consideration for the use of the Evrcare Platform; and, shall transfer the remainder to Elderly. Elderly Fees shall apply to any and all payments by a Guest to an Elderly. 

5.3 The Elderly Fees shall be subject to applicable GST and pay-out to Elderly may be subject to applicable TDS.

5.4 Evrcare reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6. Elderly Terms

6.1 When creating a Listing through the Evrcare Platform you must (i) provide complete and accurate information about your Elderly Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency etc) and (iii) provide any other pertinent information requested by Evrcare. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

6.2 You are solely responsible for setting a price (including any taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

6.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms.

6.4 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Elderly Services. Evrcare reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

6.5 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Elderly Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Elderly Fee and any applicable taxes.

6.7 Evrcare recommends that Elderly obtain appropriate insurance for their Elderly Services.

6.8 Elderly are not allowed to ask for a security deposit.

6.9 Elderly hereby agrees to grant exclusivity to Evrcare for Elderly Services. Elderly further agrees that any and all maintenance of the Accommodation (such as plumbing and electricity etc) shall be undertaken through Evrcare’s chosen service provider and Elderly shall besr the costs of the same.

6.10 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Elderly, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.

7. Booking Modifications

7.1 Elderly and Guests are responsible for any modifications to a booking that they make via the Evrcare Platform or direct Evrcare customer service to make (“Booking Modifications”), and agree to pay any additional Elderly Fees or Guest Fees and/or taxes associated with such Booking Modifications.

7.2 Once booked, a booking cannot be cancelled by an Elderly or a Guest. In case of any cancellations by Elderly, Elderly shall pay a cancellation fee equivalent to payment of one month (which was to be paid by the Guest). In case of any cancellations by a Guest, the Guest shall pay a cancellation fee equivalent to payment of one month (which was to be paid by it to the Elderly) and any deposit shall be forfeited. 

7.3 In certain circumstances, Evrcare may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and/or initiate corresponding refunds and payouts. This may be for reasons where Evrcare believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Evrcare, other Members, third parties or property, or for any of the reasons set out in these Terms.

8. Damage to Accommodations

8.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Elderly (and the individuals the Elderly invites to the Accommodation, if applicable).

8.2 If an Elderly claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim”), the Elderly can seek payment from you through Evrcare customer service. If an Elderly escalates a Damage Claim to Evrcare, you will be given an opportunity to respond. If you agree to pay the Elderly, or Evrcare determines in its sole discretion that you are responsible for the Damage Claim, Evrcare will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim. Evrcare also reserves the right to otherwise collect payment from you and pursue any remedies available to Evrcare in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Elderly.

8.3 Members agree to cooperate with and assist Evrcare in good faith, and to provide Evrcare with such information and take such actions as may be reasonably requested by Evrcare, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation. A Member shall, upon Evrcare’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Evrcare, with respect to losses for which a Member is requesting payment from Evrcare.

8.4 If you are a Guest, you understand and agree that Evrcare may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Elderly. You agree to cooperate with and assist Evrcare in good faith, and to provide Evrcare with such information as may be reasonably requested by Evrcare, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Evrcare may reasonably request to assist Evrcare in accomplishing the foregoing.

9. Taxes

9.1 As an Elderly you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable GST or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes”).

9.2 Tax regulations may require us to collect appropriate Tax information from Elderly, or to withhold Taxes from payouts to Elderly, or both. If an Elderly fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

10. Prohibited Activities

10.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Evrcare Platform. In connection with your use of the Evrcare Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
  • use the Evrcare Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Evrcare endorsement, partnership or otherwise misleads others as to your affiliation with Evrcare;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Evrcare Platform in any way that is inconsistent with Evrcare’s policies or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Evrcare Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • offer, as an Elderly, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Evrcare Platform;
  • request, make or accept a booking independent of the Evrcare Platform, to circumvent any fees or for any other reason;
  • request, accept or make any payment outside of the Evrcare Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Evrcare harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • misuse or abuse any Listings or services associated with the Evrcare Platform.
  • use, display, mirror or frame the Evrcare Platform or Collective Content, or any individual element within the Evrcare Platform, Evrcare’s name, any Evrcare trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Evrcare Platform, without Evrcare’s express written consent;
  • dilute, tarnish or otherwise harm the Evrcare brand in any way, including through unauthorized use of Collective Content, registering and/or using Evrcare or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Evrcare domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Evrcare Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Evrcare or any of Evrcare’s providers or any other third party to protect the Evrcare Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Evrcare Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Evrcare Platform; or,
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

10.2 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Evrcare by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

11. Term and Termination

11.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Evrcare terminate the Agreement in accordance with this provision provided however that this Agreement shall continue to be valid until the validity of any other agreements signed between you and Evrcare and/or signed between you and another Member.

11.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Evrcare Account as an Elderly, any future booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Evrcare Account as a Guest, any future booking(s) will be automatically cancelled and you shall be refunded. Termination shall not impact bookings where the Guest has started availing Elderly Services and any associates fee to Evrcare arising out of such bookings. 

11.3 Without limiting our rights specified below, Evrcare may terminate this Agreement for convenience at any time by giving you a notice via email to your registered email address.

11.4 Evrcare may immediately, without notice, terminate this Agreement and/or stop providing access to the Evrcare Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Evrcare believes in good faith that such action is reasonably necessary to protect the personal safety or property of Evrcare, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

11.5 In addition, Evrcare may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Evrcare Account registration, Listing process or thereafter, (iv) you and/or your Listings or Elderly Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Evrcare otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Evrcare believes in good faith that such action is reasonably necessary to protect the personal safety or property of Evrcare, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of the Evrcare Platform;
  • temporarily or permanently revoke any special status associated with your Evrcare Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your Evrcare Account and stop providing access to the Evrcare Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Evrcare and an opportunity to resolve the issue to Evrcare’s reasonable satisfaction.

11.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

11.7 When this Agreement has been terminated, you are not entitled to a restoration of your Evrcare Account or any of your Member Content. If your access to or use of the Evrcare Platform has been limited or your Evrcare Account has been suspended or this Agreement has been terminated by us, you may not register a new Evrcare Account or access and use the Evrcare Platform through an Evrcare Account of another Member.

12. Disclaimers

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

13. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Evrcare Platform and Collective Content, your publishing or booking of any Listing via the Evrcare Platform, your stay at any Accommodation, or any other interaction you have with other Members whether in person or online remains with you. Neither Evrcare nor any other party involved in creating, producing, or delivering the Evrcare Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Evrcare Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Evrcare Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Elderly Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Evrcare has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Evrcare’s aggregate liability arising out of or in connection with these Terms and your use of the Evrcare Platform including, but not limited to, from your publishing or booking of any Listings via the Evrcare Platform, or from the use of or inability to use the Evrcare Platform or Collective Content and in connection with any Accommodation, Experiences, Event,other Elderly Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Evrcare Platform as a Guest in the two months’ period prior to the event giving rise to the liability, or if you are an Elderly, the amounts paid by Evrcare to you in the two months’ period prior to the event giving rise to the liability, or INR 10,000, if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Evrcare and you. 

14. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Evrcare’s option), indemnify, and hold Evrcare and its affiliates and subsidiaries, including but not limited to, Evrcare Payments, and their officers, directors, employees and agents, harmless from and 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) your breach of these Terms or our policies or standards, (ii) your improper use of the Evrcare Platform or any Evrcare Services, (iii) your interaction with any Member, stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.

15. Applicable Law and Jurisdiction

15.1 These Terms will be interpreted in accordance with the laws of India. You and we both consent to the exclusive jurisdiction of courts at New Delhi, India.

16. General Provisions

16.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Evrcare and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Evrcare and you in relation to the access to and use of the Evrcare Platform.

16.2 No joint venture, partnership, employment, or agency relationship exists between you and Evrcare as a result of this Agreement or your use of the Evrcare Platform.

16.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

16.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

16.5 Evrcare’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

16.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Evrcare’s prior written consent. Evrcare may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.

16.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Evrcare via email, Evrcare Platform notification, or messaging service (including SMS and WhatsApp).

16.8 Evrcare reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Evrcare Platform. We will also provide you with notice of the modifications by email before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Airbnb Platform will constitute acceptance of the revised Terms.

 

Tenant Terms

These legally binding Terms and Conditions (the “Terms”) constitute an agreement enforceable by law (the “Agreement”) between you and Evrcare Services India Private Limited, a company incorporated under the laws of India with CIN U93000HR2019FTC083416 and registered office at 301-302, 3rd Floor, Good Earth City Center, Sec-50, Gurugram, Haryana (“Evrcare”, “we”, “us” and/or “our”) governing your access to and use of the Evrcare website, including any subdomains thereof, and any other websites through which Evrcare makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Evrcare Services”). The Site, Application and Evrcare Services together are hereinafter collectively referred to as the “Evrcare Platform”. 

1. Evrcare Services

1.1 The Evrcare Platform is a marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Elderly” and the services they offer are “Elderly Services”) to publish such Elderly Services on the Evrcare Platform (“Listings”) and to transact with Members that are seeking to book such Elderly Services (Members using Elderly Services are “Guests”). Elderly Services may include the offering of stay (“Accommodations”).

1.2 As the provider of the Evrcare Platform, Evrcare does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Elderly Services. Elderly alone are responsible for their Listings and Elderly Services. When Members make or accept a booking, they are entering into a contract directly with each other. Evrcare is not a real estate broker or insurer. 

1.3 While we may help facilitate the resolution of disputes, Evrcare has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Elderly Services or (ii) the performance or conduct of any Member or third party. Any references to a Member being “verified” (or similar language) indicates that the Member has completed a relevant verification or identification process. Any such description is not an endorsement, certification or guarantee by Evrcare about any Member. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, or use other Elderly Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. 

2. Usage of Evrcare Platform

2.1 In order to access and use the Evrcare Platform or register an Evrcare Account you must be an individual at least 18 years old, a citizen or lawful resident of India and able to enter into legally binding contracts.

2.2 Access to and usage of the Evrcare Platform is subject to completing a verification process for which KYC documents shall be required.

3. Account Registration

3.1 You must register an account (“Evrcare Account”) to access and use certain features of the Evrcare Platform. If you are unable to register, Evrcare shall create the same for you. 

3.2 You can register an Evrcare Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google. 

3.3 You must provide accurate, current and complete information during the registration process and keep your Evrcare Account up-to-date at all times.

3.4 You may not register more than one (1) Evrcare Account unless Evrcare authorizes you to do so. You may not assign or otherwise transfer your Evrcare Account to another party.

3.5 You are responsible for maintaining the confidentiality and security of your Evrcare Account credentials and may not disclose your credentials to any third party. 

4. Content

4.1 Evrcare may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Evrcare Platform (“Member Content”); and (ii) access and view Member Content and any content that Evrcare itself makes available on or through the Evrcare Platform, including proprietary Evrcare content and any content licensed or authorized for use by or through Evrcare from a third party (“Evrcare Content” and together with Member Content, “Collective Content”).

4.2 The Evrcare Platform, Evrcare Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of India. You acknowledge and agree that the Evrcare Platform and Evrcare Content, including all associated intellectual property rights, are the exclusive property of Evrcare and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Evrcare Platform, Evrcare Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Evrcare used on or in connection with the Evrcare Platform and Evrcare Content are trademarks or registered trademarks of Evrcare in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Evrcare Platform, Evrcare Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

4.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Evrcare Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Evrcare or its licensors, except for the licenses and rights expressly granted in these Terms.

4.4 Subject to your compliance with these Terms, Evrcare grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Evrcare Platform and accessible to you, solely for your personal and non-commercial use.

4.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Evrcare Platform, you grant to Evrcare a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Evrcare Platform, in any media or platform. 

4.6 You are solely responsible for all Member Content that you make available on or through the Evrcare Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Evrcare Platform or you have all rights, licenses, consents and releases that are necessary to grant to Evrcare the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Evrcare’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

4.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Evrcare policy. 

5. Service Fees

5.1 Any and all payments by a Guest to an Elderly shall be made only through Evrcare.

5.2 In consideration for the use of the Evrcare Platform, the Guest shall make payment of a non-refundable service fee equivalent to 100% of the Listing Fee (the “Guest Fee”). 

5.3 The Guest Fee shall be subject to applicable GST.

5.4 Evrcare reserves the right to change the service fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

5.5 The Guest shall also make payment equivalent to 100% of the Listing Fee as security deposit which shall be refunded to the Guest subject to any deductions prescribed hereunder.

 

6. Guests’ Terms

6.1 Subject to submission of your KYC documents and meeting any requirements (such as completing any verification processes and acceptance of conditions of Elderly) set by Evrcare and/or the Elderly, you can book a Listing available on the Evrcare Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit, Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Evrcare Account.

6.2 Upon receipt of a booking confirmation from Evrcare, a legally binding agreement is formed between you and your Elderly, subject to any additional terms and conditions of the Elderly that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Evrcare Payments will collect the Total Fees at the time of the booking request or upon the Elderly’s confirmation. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.

6.3 If you book an Elderly Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Elderly, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Elderly. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate if accompanied by an adult who is responsible for them.

6.4 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Elderly to enter, occupy and use the Accommodation for the duration of your stay, during which time the Elderly (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Elderly.

6.2 You agree to leave the Accommodation no later than the checkout time and date that the Elderly specifies in the Listing or such other time as mutually agreed upon between you and the Elderly. If you stay past the agreed upon checkout time without the Elderly’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Elderly is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Elderly, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Elderly, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Elderly to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Elderly as a result of such Overstay. If you Overstay at an Accommodation, you authorize Evrcare to charge you to collect Overstay Fees. A Security Deposit may be applied to any Overstay Fees due for a Guest’s Overstay.

7. Booking Modifications

7.1 Elderly and Guests are responsible for any modifications to a booking that they make via the Evrcare Platform or direct Evrcare customer service to make (“Booking Modifications”), and agree to pay any additional Elderly Fees or Guest Fees and/or taxes associated with such Booking Modifications.

7.2 Once booked, a booking cannot be cancelled by an Elderly or a Guest. In case of any cancellations by Elderly, Elderly shall pay a cancellation fee equivalent to payment of one month (which was to be paid by the Guest). In case of any cancellations by a Guest, the Guest shall pay a cancellation fee equivalent to payment of one month (which was to be paid by it to the Elderly) and any deposit shall be forfeited. 

7.3 In certain circumstances, Evrcare may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and/or initiate corresponding refunds and payouts. This may be for reasons where Evrcare believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Evrcare, other Members, third parties or property, or for any of the reasons set out in these Terms.

8. Damage to Accommodations

8.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Elderly (and the individuals the Elderly invites to the Accommodation, if applicable).

8.2 If an Elderly claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim”), the Elderly can seek payment from you through Evrcare customer service. If an Elderly escalates a Damage Claim to Evrcare, you will be given an opportunity to respond. If you agree to pay the Elderly, or Evrcare determines in its sole discretion that you are responsible for the Damage Claim, Evrcare will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim. Evrcare also reserves the right to otherwise collect payment from you and pursue any remedies available to Evrcare in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Elderly.

8.3 Members agree to cooperate with and assist Evrcare in good faith, and to provide Evrcare with such information and take such actions as may be reasonably requested by Evrcare, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation. A Member shall, upon Evrcare’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Evrcare, with respect to losses for which a Member is requesting payment from Evrcare.

8.4 If you are a Guest, you understand and agree that Evrcare may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Elderly. You agree to cooperate with and assist Evrcare in good faith, and to provide Evrcare with such information as may be reasonably requested by Evrcare, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Evrcare may reasonably request to assist Evrcare in accomplishing the foregoing.

9. Taxes

9.1 Tax regulations may require us to collect appropriate Tax information from you. 

10. Prohibited Activities

10.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Evrcare Platform. In connection with your use of the Evrcare Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
  • use the Evrcare Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Evrcare endorsement, partnership or otherwise misleads others as to your affiliation with Evrcare;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Evrcare Platform in any way that is inconsistent with Evrcare’s policies or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Evrcare Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • offer, as an Elderly, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Evrcare Platform;
  • request, make or accept a booking independent of the Evrcare Platform, to circumvent any fees or for any other reason;
  • request, accept or make any payment outside of the Evrcare Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Evrcare harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • misuse or abuse any Listings or services associated with the Evrcare Platform.
  • use, display, mirror or frame the Evrcare Platform or Collective Content, or any individual element within the Evrcare Platform, Evrcare’s name, any Evrcare trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Evrcare Platform, without Evrcare’s express written consent;
  • dilute, tarnish or otherwise harm the Evrcare brand in any way, including through unauthorized use of Collective Content, registering and/or using Evrcare or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Evrcare domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Evrcare Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Evrcare or any of Evrcare’s providers or any other third party to protect the Evrcare Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Evrcare Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Evrcare Platform; or,
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

10.2 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Evrcare by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

11. Term and Termination

11.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Evrcare terminate the Agreement in accordance with this provision provided however that this Agreement shall continue to be valid until the validity of any other agreements signed between you and Evrcare and/or signed between you and another Member.

11.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Evrcare Account as an Elderly, any future booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Evrcare Account as a Guest, any future booking(s) will be automatically cancelled and you shall be refunded. Termination shall not impact bookings where the Guest has started availing Elderly Services and any associates fee to Evrcare arising out of such bookings. 

11.3 Without limiting our rights specified below, Evrcare may terminate this Agreement for convenience at any time by giving you a notice via email to your registered email address.

11.4 Evrcare may immediately, without notice, terminate this Agreement and/or stop providing access to the Evrcare Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Evrcare believes in good faith that such action is reasonably necessary to protect the personal safety or property of Evrcare, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

11.5 In addition, Evrcare may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Evrcare Account registration, Listing process or thereafter, (iv) you and/or your Listings or Elderly Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Evrcare otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Evrcare believes in good faith that such action is reasonably necessary to protect the personal safety or property of Evrcare, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of the Evrcare Platform;
  • temporarily or permanently revoke any special status associated with your Evrcare Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your Evrcare Account and stop providing access to the Evrcare Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Evrcare and an opportunity to resolve the issue to Evrcare’s reasonable satisfaction.

11.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

11.7 When this Agreement has been terminated, you are not entitled to a restoration of your Evrcare Account or any of your Member Content. If your access to or use of the Evrcare Platform has been limited or your Evrcare Account has been suspended or this Agreement has been terminated by us, you may not register a new Evrcare Account or access and use the Evrcare Platform through an Evrcare Account of another Member.

12. Disclaimers

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

13. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Evrcare Platform and Collective Content, your publishing or booking of any Listing via the Evrcare Platform, your stay at any Accommodation, or any other interaction you have with other Members whether in person or online remains with you. Neither Evrcare nor any other party involved in creating, producing, or delivering the Evrcare Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Evrcare Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Evrcare Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Elderly Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Evrcare has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Evrcare’s aggregate liability arising out of or in connection with these Terms and your use of the Evrcare Platform including, but not limited to, from your publishing or booking of any Listings via the Evrcare Platform, or from the use of or inability to use the Evrcare Platform or Collective Content and in connection with any Accommodation, Experiences, Event,other Elderly Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Evrcare Platform as a Guest in the two months’ period prior to the event giving rise to the liability, or if you are an Elderly, the amounts paid by Evrcare to you in the two months’ period prior to the event giving rise to the liability, or INR 10,000, if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Evrcare and you. 

14. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Evrcare’s option), indemnify, and hold Evrcare and its affiliates and subsidiaries, including but not limited to, Evrcare Payments, and their officers, directors, employees and agents, harmless from and 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) your breach of these Terms or our policies or standards, (ii) your improper use of the Evrcare Platform or any Evrcare Services, (iii) your interaction with any Member, stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.

15. Applicable Law and Jurisdiction

15.1 These Terms will be interpreted in accordance with the laws of India. You and we both consent to the exclusive jurisdiction of courts at New Delhi, India.

16. General Provisions

16.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Evrcare and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Evrcare and you in relation to the access to and use of the Evrcare Platform.

16.2 No joint venture, partnership, employment, or agency relationship exists between you and Evrcare as a result of this Agreement or your use of the Evrcare Platform.

16.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

16.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

16.5 Evrcare’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

16.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Evrcare’s prior written consent. Evrcare may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.

16.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Evrcare via email, Evrcare Platform notification, or messaging service (including SMS and WhatsApp).

16.8 Evrcare reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Evrcare Platform. We will also provide you with notice of the modifications by email before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Airbnb Platform will constitute acceptance of the revised Terms.

 

 

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