1. PARTIES

These General Terms of Use for Yukio Platform along with the Privacy Policy, Cookie Policy and any other additional policies issued from time to time (collectively the “Terms”) constitute a binding and enforceable legal contract between the following parties (each a “Party” and collectively, the “Parties”):

• First Livingspaces Private Limited (formerly known as ‘TCG Livingspaces Private Limited’), having its registered office at Bengal Intelligent Park, Building Delta, 2nd Floor, Block EP&GP, Sector V, Salt Lake Electronics Complex, Kolkata 700091, West Bengal, India (“FLS”) which operates the technology platform known as “Yukio”/ “Yukio Platform” / “Platform” solely in the capacity of a technology and facilitation provider;
• VH Township Private Limited (“VHTPL”), having its registered office at TCG Financial Centre, 11th & 12th Floor, Plot No. C-53, G Block, Bandra Kurla Complex, Bandra East, Mumbai 400098, Maharashtra, India, and Megatron Complex Private Limited (“Megatron”), having its registered office at 9B, Wood Street, 4th Floor, Kolkata 700016, West Bengal, India, together with any of their present or future affiliates, subsidiaries, group companies, joint venture partners, franchisees, successors, assigns, authorised representatives, and/or any other person or entity (including third parties) that owns, manages, operates, develops, markets, or otherwise controls, directly or indirectly, the premises offered through Yukio Platform and/or provides any related or connected services and/or facilities (collectively, the “Service Providers”);
• You, the end-user or Customer (“User”, “You”, or “Your”), who accesses or uses Yukio.

2. SCOPE

• FLS owns and operates the Yukio Platform (website: https://www.yukio.in, mobile applications, and related software) as a technology platform that enables the marketing, booking, and facilitation of Offerings made available by the Service Providers.
• “Offerings” means the provision of accommodation and related services at properties owned, operated, or controlled by VHTPL, Megatron, or such other authorised third-party entities (together, the “Yukio Premises”).
• FLS is not a service provider and shall not be responsible for the provision, quality, suitability, or performance of the Offerings, which remain the sole responsibility of the relevant Service Provider with whom You enter into a separate service agreement.

3. ACCEPTANCE

By downloading, accessing, or using Yukio Platform and/or clicking “I Agree” or “I Accept”, You:

• confirm that You have read, understood, and agree to be legally bound by these Terms, as updated from time to time;
• acknowledge that the Terms constitute a binding contract between You, FLS, and the Service Providers (as applicable); and
• represent and warrant that You are of legal age under applicable Indian laws, competent to enter a contract under the Indian Contract Act, 1872, and/or other applicable laws and duly authorised to accept these Terms.

4. MODIFICATION OF TERMS AND PLATFORM

• FLS reserves the right, at its sole discretion, to modify or replace these Terms (insofar as they relate to the operation of the Yukio Platform) and/or to alter, suspend, or discontinue the Yukio Platform (including, but not limited to, the availability of any feature, database, or content) at any time, subject to the notice requirements set forth in this Clause 4.3.
• Any changes in respect of the Offerings or related services shall be made by the relevant Service Provider under their respective service agreements with You.
• FLS shall notify You of any changes to these Terms or the Yukio Platform through a notice posted on the Yukio Platform, an email, or other suitable electronic communication methods. For material changes that significantly affect Your rights or obligations, FLS shall provide at least fifteen (15) days’ prior notice, unless such changes are required immediately by Applicable Law, governmental directive, or judicial order, in which case notice shall be provided as soon as practicable.
• FLS may impose limits on certain features and services of the Yukio Platform or restrict access to parts or all of the Platform for business, legal, or regulatory reasons, without liability to You, provided such restrictions are communicated in accordance with Clause 4.3.
• Your continued use of the Yukio Platform following the effective date of any modifications shall constitute Your acceptance of the revised Terms. It is Your responsibility to periodically review these Terms for updates.

5. ADDITIONAL POLICIES

• By accessing and using Yukio, You agree to comply with these Terms, along with all applicable rules, regulations, guidelines, restrictions, limitations, and policies (“Additional Policies”) that may be established and published by FLS (in respect of the Yukio Platform) and/or by any of the Service Providers (in respect of the Offerings) from time to time.
• You acknowledge that any failure to adhere to these Terms, including the Additional Policies, may result in:

1. suspension or termination of Your Platform’ account by FLS (solely in respect of access to Yukio); and/or
2. termination of Your service arrangement by the relevant Service Provider (solely in respect of the Offerings),

in each case at their respective sole discretion, without prior notice, and subject to applicable law. Such actions may also give rise to legal action and/or claims for damages by the relevant Party.

6. ACCOUNT CREATION AND CONDITIONS TO USE YUKIO

• To use Yukio, You will be required to create an account on Yukio Platform. For this account, You may be required to furnish certain details and documents, including but not limited to Your phone number, name, valid government issued identification number, operational address, permanent address and any other demographic or psychographic details. While registering, if You provide false, inaccurate, outdated or incomplete information, or if there are reasonable grounds to suspect the accuracy or completeness of the information provided, FLS reserves the right to suspend or terminate Your account and deny current or future use of Yukio (or any features/parts thereof).
• To create an account, You must be at least eighteen (18) years of age.
• FLS shall verify the Yukio Platform account by requesting a one-time password (OTP) issued on the mobile number of the User. Any separate verification relating to eligibility for accommodation or other services shall be carried out by the relevant Service Provider.
• The User agrees and undertakes that each mobile number shall be associated with only one Platform account, ensuring that each account is linked to a unique number. If You have been previously registered, You are required to login/ sign into Your account using the credentials provided to you during the registration process.
• You warrant that all information furnished in connection with Your account is and shall remain accurate and true. You agree to promptly update Your details on Yukio in the event of any change to or modification of this information.
• You are solely responsible for maintaining the security and confidentiality of Your Yukio Platform account and agree to immediately notify FLS of any disclosure or unauthorised use of Your account or any other breach of security with respect to Your Platform account.
• You are liable and accountable for all activities that take place through Your Platform account, including activities performed by persons other than you. FLS shall not be held liable for any unauthorised access to Your Platform account or for any losses suffered due to misuse of Your account’s credentials.
• You agree to receive communications from (i) FLS in relation to Platform operations, security and account administration; and (ii) any of the relevant Service Providers in relation to requests for payments, information about Offerings, and service specific communications. Promotional or marketing communications from FLS or its third-party partners shall be sent only in accordance with, and subject to, the terms of the Privacy Policy and applicable data protection laws.
• FLS may use automated systems, User reports and/or human moderation to monitor and review accounts and content to identify breaches of these Terms. FLS reserves the right, at its sole discretion, to terminate or suspend any Platform account, restrict access to the Platform, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses). Any suspension or termination of access to the Offerings themselves shall be determined solely by the relevant Service Provider under its service agreement with You.

7. BACKGROUND CHECKS AND VERIFICATION

• The relevant Service Provider may conduct background checks, including but not limited to verification of identity, criminal history, or other relevant information, to ensure Your eligibility to use Yukio and/or avail the Offerings.
• FLS may not itself conduct such checks but may facilitate the collection and secure transmission of Your information to the relevant Service Provider or its authorised verification vendors, strictly in accordance with the Privacy Policy.
• You consent to such checks and to the sharing of your information with third-party verification service providers for this purpose.
• The results of such checks may be used by the relevant Service Provider to determine Your eligibility to avail the Offerings, and any adverse findings may result in the suspension or termination of (i) Your Platform account by FLS, in so as necessary for security and compliance purposes, and/or (ii) Your access to the Offerings by the relevant Service Provider.

8. TYPES OF CONTENT

There are four types of content that You will be able to access on Yukio:

• Content that You upload and provide as elaborated below (“User Content”);
• Content that other users of Yukio provide (“Member Content”);
• Content that FLS provides in relation to the Yukio Platform (including, without limitation, software, databases, designs, and user interface elements) (“Platform Content”); and
• Content that the Service Providers provide in relation to the Offerings, including descriptions, pricing, availability, photographs, and related information (“Service Provider Content”).

9. USER CONTENT

• For the purposes of these Terms, "User Content" refers to any data, information, text, images, videos, audio, software, files, or other content, whether publicly or privately posted, uploaded, shared, transmitted, or made available by You through Yukio Platform, including but not limited to any content You post, submit, or otherwise contribute in any manner to Yukio Platform, such as comments, reviews, suggestions, communications, or media. User Content also includes any materials you create or upload using features or services provided by Yukio, regardless of format or medium. By submitting or posting User Content, You represent and warrant that You own or control all necessary rights, titles, and interests in and to the content, and that Your User Content does not infringe on the intellectual property or privacy rights of any third party.
• You grant:

1. to FLS, a limited, non-exclusive, worldwide, royalty-free, transferable licence to host, store, reproduce, and display User Content solely for the operation and functioning of the Yukio Platform; and
2. to the relevant Service Provider, a non-exclusive, worldwide, royalty-free licence to use User Content solely in connection with the provision, promotion, and enhancement of the Offerings.

• To ensure the effective provision of services and maintain quality control, FLS or the relevant Service Provider may periodically request reviews or feedback from You regarding the Platform and/or Offerings. You agree not to knowingly provide false, inaccurate, fraudulent or misleading information in any review or feedback submitted. Any action based on such reviews shall be taken strictly in cases of fraud, abuse, or violation of applicable law.
• You hereby grant the licenses set out in this clause on a non-exclusive, worldwide, transferable and royalty-free basis, provided that any use of Your User Content for promotional or marketing purposes shall be subject to and carried out in accordance with the Privacy Policy and applicable laws, as follows:

1. to FLS: a limited license to copy, host, store, transfer, process, communicate and display User Content solely for the operation, enhancement, and security of Yukio Platform.
2. to the relevant Service Provider a licence to use, publish, distribute, make available, adapt, translate, and create derivative works of User Content solely in connection with the provision, promotion, and improvement of the Offerings; and
3. to both FLS and the Service Providers: a licence to use User Content for the limited purposes of advertising, marketing, and promoting the Platform and/or the Offerings, in accordance with the Privacy Policy and applicable data protection laws, or for furnishing evidence before any court, tribunal, or authority of competent jurisdiction, as required under applicable laws.
4. You acknowledge and agree that, notwithstanding the provisions of Section 19A of the Indian Copyright Act, 1957, this licence shall remain valid and enforceable for so long as Your User Content is available on the Platform or required for the purposes specified herein, and shall not lapse, nor shall the rights granted herein revert to You, solely because such rights have not been exercised within one year.
5. You further waive any right to object to, or raise claims regarding, the use of your User Content as permitted under this clause, to the extent allowed by applicable law.

• You hereby acknowledge that the licences granted under this clause may be assigned and/or sub-licensed by FLS (for Platform purposes) and/or the relevant Service Provider (for Offering purposes) to their respective affiliates, successors, or authorised vendors solely for the operation, maintenance, or enhancement of the Yukio Platform or the Offerings, without any further approval by you. You agree that User Content may be viewed by other users and any person visiting, participating in or who receive the link to use or access Yukio.
• Neither FLS nor the Service Providers shall be responsible for the acts of such third parties once the User Content is made publicly available by You.
• In connection with these Terms and the licenses granted under this clause, You hereby waive any claims arising out of moral rights or other similar rights relating to the User Content, to the extent permitted by applicable law. This waiver shall not affect Your statutory moral rights under Section 57 of the Indian Copyright Act, 1957, including the right to claim authorship of the User Content or to object to any distortion, mutilation, or modification that is prejudicial to Your honour or reputation.
• You agree and acknowledge that FLS (in respect of the Platform) or the relevant Service Provider (in respect of the Offerings) may, without notice to You, remove or otherwise restrict access to User Content that, in their sole discretion, violates these Terms or Applicable Law. Neither FLS nor the Service Providers shall be liable or responsible for the same.
• FLS and the Service Providers shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, or intellectual property rights of and/or in relation to the User Content, which shall remain your sole responsibility.

10. MEMBER CONTENT

• Other users may upload and contribute content, including personal information, in order to utilize and access the services provided on Yukio (“Member Content”). Member Content remains the exclusive property of the user who uploads it, subject to a limited licence granted to FLS and the relevant Service Providers to host, store, display, and make available such content on the Yukio Platform in accordance with these Terms and the Privacy Policy.
• Such content will be displayed on Yukio Platform in accordance with the instructions or preferences set by the respective user/User submitting the Member Content.
• You are permitted to utilize Member Content only to the extent aligned with Yukio Platform purpose for facilitating lawful, personal and non-commercial interaction in connection with the Offerings. Any use of Member Content for commercial purposes, spamming, harassment, stalking, unlawful threats, or other prohibited activities is strictly forbidden.
• FLS may suspend or terminate your Platform account, and/or the relevant Service Provider may suspend or terminate your access to the Offerings, if You misuse other users’ information or Member Content, without prejudice to any other remedies available under applicable law.
• Neither FLS nor the Service Providers shall be liable for any misuse of Member Content by third parties once such content is made available on the Platform in accordance with user settings.

11. NO REQUIREMENT TO PREVIEW CONTENT

• FLS and the Service Providers are not obligated to pre-screen User Content or Member Content. However, FLS and/or the relevant Service Provider may, at their discretion, monitor, examine, screen, reject, or delete any User Content or Member Content to enforce these Terms, safeguard users, or comply with applicable law, including lawful requests from government authorities or the Privacy Policy.
• Such monitoring may include automated systems, user reports, or human moderation, as described in Clause 6.9, but does not impose a duty to pre-screen all content.

12. INTELLECTUAL PROPERTY RIGHTS

• All rights, titles, and interest in the Yukio Platform and the Platform Content (as defined above), including the Software, databases, user interface, designs and algorithms are owned by FLS or otherwise lawfully licensed to FLS. All rights, titles, and interests in the Service Provider Content (as defined above), including property descriptions, pricing, photographs, and other Offering-related material, are owned by the relevant Service Provider or otherwise lawfully licensed to the respective Service Provider.
• Subject to compliance with these Terms, FLS grants You a non-exclusive, non-transferable, non-sublicensable, revocable, and limited licence to access and use the Yukio Platform and Platform Content solely for the purpose of accessing the Yukio Platform in accordance with these Terms. The relevant Service Provider grants You a non-exclusive, non-transferable, revocable licence to view the Service Provider Content solely for the purpose of evaluating or booking Offerings. Any rights not expressly granted herein are reserved by FLS and/or the relevant Service Provider.
• FLS and/or the relevant Service Provider may request You to submit suggestions, feedback, or bug reports relating to the Platform or the Offerings (“Feedback”). You agree that any non-confidential Feedback may be freely used, copied, disclosed, published, displayed, distributed, and exploited by FLS or the Service Providers without payment of royalty, acknowledgement, or restriction. FLS and Service Providers may, at their discretion, acknowledge user contributions in general platform updates or communications, without identifying specific users unless expressly agreed. This does not affect Your ownership of any intellectual property rights in confidential information You provide outside the scope of such Feedback.
• Except as expressly stated in these Terms, nothing herein shall be construed as conferring any right, title or licence in or to the intellectual property rights of FLS, the Service Providers, or any third party.
• Yukio Platform and the Platform Content are proprietary to FLS and made available exclusively through FLS. The Service Provider Content is proprietary to the respective Service Provider. You must not copy, modify, use, publish, or distribute any Platform Content or Service Provider Content except as expressly permitted in these Terms.
• All content on the platform, including but not limited to names, logos, trademarks, software, graphics, images, and other materials, is the exclusive property of FLS or its licensors as applicable. The unauthorised copying, modification, or publication of such proprietary information is strictly prohibited.
• The systematic retrieval of Platform’s content or Service Provider Content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through automated tools such as robots, spiders, or other devices, or via manual processes) without the prior written consent of the FLS or the relevant Service Provider (as applicable) is strictly prohibited.
• FLS and the Service Providers disclaim responsibility for the accuracy, legality, or reliability of any third-party content or external links that may be displayed on the Platform.

13. CONSENT TO USE YOUR DATA

• You agree that FLS may, in accordance with the Privacy Policy, collect and process Your personal data. The Privacy Policy explains the categories of personal data that may be collected or otherwise processed about You and the way such data is processed.
• In addition to any consent that You may provide pursuant to the Privacy Policy, You hereby consent to the sharing Your information with FLS’ and the relevant Service Provider’s affiliates, and third-party service providers, engaged in connection with the Yukio Platform and/or the Offerings. Such information may be used for the purposes of enabling the Offering, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Yukio Platform, improving user experience, and introducing beneficial schemes or new offers, in each case in accordance with the Privacy Policy and applicable laws.
• Subject to the Applicable Laws, FLS, VHTPL, Megatron, or any other Service Provider may be required or directed by law enforcement agencies, governmental authorities and/or related bodies to disclose data in relation to You in connection with criminal or civil proceedings. You acknowledge and agree that in such disclosures may be made without further notice to You.
• While providing services, FLS reserves the right to migrate or transfer data as necessary. Such migration or transfer shall be undertaken in accordance with the Privacy Policy, Cookie Policy, these Terms, and applicable laws, and may occur without the need for additional consent.

14. OUR RESPONSIBILITIES

• Representations and Warranties

You represent and warrant that all information that You provide to FLS and/or Service Providers is complete, true, and correct on the date of agreeing to these Terms and shall remain so during the term hereof. You shall promptly notify FLS and/or the relevant Service Provider of any changes to such information. FLS and the Service Providers disclaim any responsibility or liability for any loss or damage arising from incorrect, incomplete, inaccurate, misleading, or undisclosed material information.

• Cooperation Obligation

You shall extend all cooperation, Your sole cost and expense, in the defence of any proceedings that may be initiated against FLS, its affiliates, or Service Providers arising out of Your breach of obligations under these Terms.

• User Content Warranties

With respect to the User Content, You represent and warrant that:

 

1. You own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;
2. You are solely responsible for all activities that occur on or through Your account on Yukio and for User Content;
3. the User Content does not and shall not violate any of Your obligations or responsibilities under any agreements You are party to; and
4. the User Content does not include personal data of any third party without obtaining valid consent or other lawful basis as required under applicable data protection laws.

• Prohibited Content

You shall not upload, publish, transmit, or otherwise make available on Yukio any User Content that:

1. infringes or misappropriates intellectual property rights or other proprietary rights of any person;
2. is defamatory, libellous, obscene, pornographic, paedophilic, blasphemous, or otherwise unlawful;
3. is grossly harmful, harassing, insulting, invasive of privacy (including bodily privacy), racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise objectionable in nature;
4. promotes enmity between groups on grounds of religion, caste, gender, ethnicity, race, or community, with intent to incite violence;
5. threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order;
6. contains misinformation, fake news, or information which is patently false or misleading in nature;
7. impersonates any person or misrepresents the origin of the message;
8. contains viruses, corrupted data, malware, or other harmful code that may damage, interfere with, or disrupt any system;
9. is an online game that is not verified as a permissible online game, or is an advertisement or surrogate advertisement of such games, or of any online gaming intermediary offering such games;
10. restricts or inhibits another person from using or enjoying Yukio or causes other users any harm.

• Prohibited Use of Yukio

You shall not:

1. use Yukio for fraudulent, malicious, or unlawful purposes or in any manner inconsistent with these Terms;
2. decompile, decipher, reverse engineer, disassemble, or otherwise attempt to derive the source code of Yukio;
3. copy, reproduce, distribute, modify, or create derivative works from Yukio;
4. use automated tools (including robots, spiders, or scrapers) or manual processes to harvest or collect data from Yukio, or engage in systematic retrieval of content to create compilations or databases;
5. circumvent or attempt to circumvent any technical protection measures implemented for Yukio;
6. upload or transmit any content containing malware, spyware, trojan horses, worms, keystroke loggers, or any other harmful code;
7. link to, mirror, or frame any portion of Yukio without prior written authorization from FLS;
8. You shall not engage in any activity that interferes with, disrupts, or adversely affects the operation of Yukio or the facilities or Offerings provided therein;
9. attempt to gain unauthorized access to Yukio, any related systems or networks, or servers used by FLS or Service Providers.

15. THIRD PARTY SERVICES

• Yukio platform may enable access to, or integrate with, services, content, applications, documents, products, and information that are owned, licensed, or operated by third parties (“Third-Party Services”). Access to and use of any Third-Party Services is at Your sole discretion and risk. Third-Party Services are made available on a principal-to-principal basis and are the sole responsibility of the third parties providing them. Nothing in these Terms shall be construed to create any agency, partnership, joint venture, or other form of association between FLS and such third parties. Each party remains solely liable for its own obligations in accordance with the applicable bilateral agreement.
• FLS does not control, endorse, guarantee, or make any representations or warranties with respect to any Third-Party Services, including their availability, accuracy, legality, security, reliability, or quality. To the fullest extent permitted under applicable law, FLS expressly disclaims all liability arising from or relating to Your use of, or reliance on, Third-Party Services.
• By accessing or using any Third-Party Services, You acknowledge and agree that:

1. such use is governed exclusively by the terms, conditions, and privacy policies of the relevant third-party service provider;
2. all rights, title, and interest (including intellectual property rights) in and to Third-Party Services vest with the respective third party service providers; and
3. any costs, charges, liabilities, or claims arising in connection with such use shall be Your sole responsibility and/or the responsibility of the applicable third-party service provider.

• Where Your use of Yukio Platform involves integration with or reliance on Third-Party Services, You acknowledge and agree that:

1. FLS may be required to share limited data with such third-party service providers strictly for the facilitation of the Offerings, subject to the Privacy Policy;
2. if You provide any personal information or data directly to a third-party service provider, FLS shall not be responsible for the collection, storage, processing, security, or use of such data by the said third party service provider; and
3. FLS shall not be liable for any unauthorized disclosure, misuse, or loss of data arising from or attributable to any of the third-party service providers.

• FLS reserves the right to modify, suspend, restrict, or discontinue access to any Third-Party Services at its sole discretion, without prior notice and without liability.

For avoidance of doubt, Service Providers shall not be deemed third party service providers for the purposes of this Clause 15 and are separately governed under the provisions of these Terms.

16. ARTIFICIAL INTELLIGENCE – USE AND DISCLAIMER

• Provision of AI features

FLS may make available certain artificial intelligence or machine learning based features and functionality on the Yukio platform (“AI Features”). Such AI Features may assist in automating processes, analysing data, or providing recommendations or content. AI Features are intended solely as assistive tools to support Your use of Yukio and/or the Offerings, and are not a substitute for human judgment, professional advice, or independent verification.

• User Responsibilities

If You choose to use AI Features, You expressly agree and undertake to:

1. implement appropriate human oversight and safeguards to mitigate potential risks arising from reliance on AI Features;
2. remain solely responsible for all decisions, actions, advice, or omissions made on the basis of AI Features;
3. provide information about Your intended use of AI Features and demonstrate compliance with these Terms upon request by FLS or any regulator;
4. ensure compliance with all applicable advisories, directions, rules, regulations, or laws issued by Government, any other statutory or judicial authority in relation to AI Features ; and
5. independently evaluate the accuracy, appropriateness, and suitability of any output from AI Features, acknowledging the probabilistic nature of AI Features and the potential for producing inaccurate, misleading, biased, or harmful content.

• Disclaimer of Liability

To the fullest extent permitted by law:

1. AI Features are provided on an “as is” basis without any warranties of accuracy, completeness, reliability, or fitness for a particular purpose;
2. FLS and Service Providers expressly disclaim all liability for any inaccuracies, errors, omissions, or consequences arising out of or in connection with Your reliance on outputs of AI Features; and
3. any use of AI Features shall be entirely at your sole risk, and You shall indemnify and hold harmless FLS and Service Providers from and against any claims, losses, or damages arising from such use.

• Limitation of Scope.

The use of AI Features by FLS and Service Providers is strictly limited to the operation, improvement, and enhancement of the Yukio platform and the Offerings. AI Features are not intended to provide legal, medical, financial, or other professional advice. Any such reliance is solely at Your own risk.

17. ORDER, CANCELLATION, PAYMENT, AND REFUND POLICY

• Service Agreements with Providers

Any accommodation or related services availed through Yukio Platform (each an “Offering”) shall be governed by a separate service agreement directly between You and the applicable Service Provider. Such service agreement shall set out the terms relating to booking, cancellation, payment, and refund. In the event of any inconsistency between these Terms and a service agreement, the provisions of the service agreement shall prevail with respect to the respective Offering(s).

• Ordering and Confirmation

1. An order for any Offering shall be deemed confirmed only upon successful completion of payment through the authorised payment channel and issuance of a confirmation notification by the relevant Service Provider.
2. FLS’ role is limited to providing the Yukio platform as a technology facilitator. FLS does not at any time assume responsibility for acceptance, rejection, or fulfilment of any order.

• Payments

1. Payments for Offerings must be made through secure payment methods or links made available by FLS and/or the relevant Service Provider.
2. You shall ensure that the payment information provided is accurate and complete.
3. Any issues in payment processing must be notified immediately to FLS (solely in its capacity as technology facilitator) and the relevant Service Provider .
4. The risk of payment delays, errors, or failures rests with the relevant third-party payment provider or Your bank, and neither FLS nor the relevant Service Provider shall be liable for such failures.

• Cancellations and Refunds

1. Cancellations and refund eligibility shall be governed by this Clause and the applicable service agreement executed between You and the relevant Service Provider.
2. User-Initiated Cancellation before Move-In Date: If the User cancels a confirmed booking any time before seven (7) calendar days prior to the scheduled move-in date, the User shall be entitled to a full refund of the booking fee or advance amount paid, subject only to deduction of applicable payment-gateway or transaction charges (if any).
3. Late Cancellation (within seven (7) days of move-in date) If the User cancels the booking within seven (7) days of the scheduled move-in date, the booking or advance fee shall be non-refundable, except where the cancellation arises from (i) delay or failure by the Service Provider to provide possession or agreed accommodation, or (ii) other justifiable circumstances accepted by the Service Provider in writing.
4. Any applicable and/or approved Refunds will be initiated by the Service Provider and processed to Your designated account within the timelines stipulated in the applicable service agreement, subject to the policies of the relevant bank or payment provider.
5. VHTPL does not control or guarantee refund timelines and disclaims all liability for delays in crediting amounts to Your account.

• No Liability of FLS

FLS is not the seller or provider of the Offerings and does not exercise` control over the terms, availability, pricing, or execution of the Offerings. FLS’ role is limited to providing the Yukio platform as a digital intermediary. Accordingly, FLS shall not be liable for (i) non-fulfilment, cancellation, or delay of any Offering, (ii) accuracy of any refund amount, or (iii) any disputes arising out of or in connection with the Offering and/or payment processing or refund timelines.

18. TERM AND TERMINATION

1. Duration: These Terms shall remain in effect unless terminated in accordance with the provisions hereunder.
2. FLS may restrict, deactivate, or terminate Your access to or use of Yukio, in whole or in part:

1. for material breaches of these Terms or failure to qualify under these Terms, applicable law, or regulatory standards, provided that FLS shall provide You with written notice of the breach and a reasonable opportunity (at least seven (7) days) to rectify the breach, unless the breach poses an immediate risk to the Platform, other users, or FLS’s legal obligations;
2. upon thirty (30) days’ prior written notice for any legitimate business, operational, or regulatory reason; or
3. immediately if required under Applicable Law, governmental directive, or judicial order, with notice provided as soon as practicable.
4. In the event of termination or restriction under this Clause, You may appeal the decision by contacting the Grievance Redressal Officer within fifteen (15) days of receiving notice of termination, and FLS shall review the appeal in good faith within a reasonable period.

• Termination by Service Provider

Your access to the Yukio platform in connection with any Offering shall automatically terminate upon the expiration or termination of Your the relevant service agreement with the respective Service Provider, unless You continue to use Yukio for additional bookings or services in accordance with these Terms and the relevant service agreement.

• Effect of Termination

Upon termination or expiry of these Terms:

1. Your account shall stand deactivated;
2. access to the services shall cease;
3. any pending rights or obligations between You and the applicable Service Provider (including payments, refunds, or claims) shall survive and continue to be governed by the relevant service agreement; and
4. all provisions of these Terms which are intended to survive termination by their nature, including but not limited to intellectual property, limitations of liability, indemnities, governing law and dispute resolution, disclaimers, warranties, and data use provisions, shall survive.

19. DISCLAIMERS AND WARRANTIES

• Yukio platform is provided on an “as is” and “as available” basis without any warranties of any kind, express, implied, statutory, or otherwise. FLS does not guarantee uninterrupted, error-free, or virus-free access to Yukio, nor does it warrant that Yukio will meet Your specific requirements or expectations.
• No advice or information, whether oral or written, obtained by You from FLS or Service Providers shall create any warranty unless expressly set out in writing in these Terms or the relevant service agreement.
• All warranties and obligations relating to the Offering (including accommodation, services, booking, cancellation, payment, and refund) are the sole responsibility of the relevant Service Provider. FLS expressly disclaims all liability for any acts, omissions, deficiencies, or breaches of the Service Providers.
• You acknowledge and agree that:

1. any disputes, claims, or remedies arising from the Offering shall lie exclusively against the applicable Service Provider and not against FLS; and
2. FLS sole role is to provide the technology interface and facilitation of Yukio, without assuming any liability for the commercial, financial, or operational performance of the Service Providers.

20. INDEMNITY

• By User: You agree to indemnify, defend (at FLS’s or the Service Provider’s option), and hold harmless FLS, the Service Providers, their affiliates, officers, directors, employees, and agents from and against any and all claims, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) Your wilful misuse of Yukio; (ii) Your intentional or negligent breach of these Terms; (iii) your violation of applicable law; (iv) infringement or alleged infringement of a third party’s intellectual property rights through User Content caused by your actions; or (v) unauthorized use of Your account by a third party, provided such unauthorized use is not attributable to a security breach or failure of FLS’s systems.
• By FLS: FLS agrees to indemnify, defend (at the User’s option), and hold harmless the User from and against any and all claims, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with any infringement or alleged infringement of a third party’s intellectual property rights solely attributable to Yukio as a technology platform.

• Procedure

The Indemnified Party shall promptly notify the Indemnifying Party of any claim, provide reasonable assistance (at the Indemnifying Party’s expense), and permit the Indemnifying Party to control the defence and settlement, provided that no settlement shall impose any liability or obligation on the Indemnified Party without its prior written consent.

21. LIMITATION OF LIABILITY

To the maximum extent permitted by law, FLS (as operator of Yukio) shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, goodwill, data, or business interruption, arising from or relating to the use of Yukio, and any liability of FLS for direct damages shall in all cases be limited to the higher of: (i) Rupees 10,000 Thousand (Rs. 10,000); or (ii) the total amount paid by you for the specific Offering giving rise to the claim, if applicable. All commercial and service-related liabilities, including bookings, cancellations, payments, refunds, accommodation, or related services, shall rest solely with the relevant Service Provider. Nothing in these Terms shall limit the User’s liability for violation of applicable laws, infringement of third-party rights, or violation of these Terms.

22. JURISDICTION, GOVERNING LAWS AND DISPUTE RESOLUTION

• These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, the courts in Mumbai, Maharashtra, India, shall have exclusive jurisdiction over all issues arising out of these Terms or the use of Yukio.
• Any controversies, conflicts, disputes, or differences arising out of or in connection with these Terms shall be resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time, which is deemed to be incorporated by reference in this clause.
• The seat and venue of the arbitration shall be Mumbai, Maharashtra, India. The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. In the event that the Parties are unable to agree on the appointment of a sole arbitrator within thirty (30) days from the receipt of a notice of dispute, the arbitral tribunal shall consist of three (3) arbitrators, one to be appointed by each Party, and the two so appointed shall appoint the third arbitrator who shall act as the presiding arbitrator. If any Party fails to appoint its arbitrator within thirty (30) days of receiving a request to do so, or if the two appointed arbitrators fail to agree on the presiding arbitrator within thirty (30) days of their appointment, such appointment(s) shall be made by the Mumbai Centre for International Arbitration (MCIA) in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
• The language of the arbitration shall be English. The Parties agree to maintain the confidentiality of the arbitration proceedings and not disclose any details to any third party, except on a need-to-know basis or to legal advisors, unless required by law. The award of the arbitrator shall be final and binding on all Parties. Each Party shall bear its own costs in relation to the arbitration.

23. GRIEVANCE REDRESSAL

• Any complaints, concerns, or queries relating to the services, these Terms, or any other matter may be addressed to the designated Grievance Redressal Officer:

• Name: Punit Pande
• Designation: Head of Operations
• Email Address: grievanceofficer.fls@tcgre.com

• The Grievance Redressal Officer shall acknowledge complaints within the timelines prescribed under applicable laws and endeavour to resolve them within the statutory period or such reasonable time as may be necessary depending on the nature of the grievance.

24. MISCELLANEOUS PROVISIONS

• Modification: FLS reserves the right, at any time, to add, modify, suspend, or discontinue, temporarily or permanently, the features, functionalities, or facilities of the Yukio platform (in whole or in part), with or without cause or notice. FLS shall not be liable for any such modification, suspension, or discontinuation. Any changes to the Offering (including accommodation, booking, or related services) shall be the responsibility of the relevant Service Providers, under their respective service agreements.
• Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
• Assignment: You shall not license, sell, transfer, or assign Your rights, obligations, or covenants under these Terms, or your account, without the prior written consent of FLS. FLS may assign its rights or obligations, in whole or in part, to any affiliate, subsidiary, parent company, successor, or third party without notice.
• Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to grievanceofficer.fls@tcgre.com
• Third-party rights: Except for the relevant Service Providers in respect of their service agreements, no third party shall have any rights to enforce any provision of these Terms.
• Force Majeure: Neither FLS (as platform provider) nor Service Providers shall be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including but not limited to strikes, lockouts, labour disputes, natural disasters, war, riots, pandemics, governmental restrictions, or failure of utility services.
• FLS (for platform-related operations) and Service Providers shall comply with all applicable Indian laws.