Terms & Service



APPLICABILITY OF THE AGREEMENT:


This agreement ("user agreement") incorporates the terms and conditions for TRIASHWA TECHNOLOGIES PRIVATE LIMITED and its affiliate Companies ("Pobyt") to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of Pobyt by using Pobyt's customer interface channels of Pobyt which includes its sales persons, offices, call centers, advertisements, information campaigns etc.

Both User and Pobyt are individually referred as 'party' to the agreement and collective referred to as 'parties'.

USER'S RESPONSIBILITY OF COGNIZANCE OF THIS AGREEMENT:


The Users availing services from Pobyt shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Pobyt for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Pobyt with respect to any services to be provided by Pobyt shall be restricted to the scope of this agreement.

Pobyt reserves the right, in its sole discretion, to terminate the access to any or all Pobyt App or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example hotel reservations) The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or other rules.

Pobyt's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Pobyt's Services.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Pobyt document, then these terms shall control.

THIRD PARTY ACCOUNT INFORMATION:

By using the Account Access service in Pobyt's App, the User authorizes Pobyt and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information

While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Pobyt immediately in writing of any unauthorized use of their password or account or any other breach of security. Pobyt will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time

FEES PAYMENT:

Pobyt reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Pobyt further reserves the right to alter any and all fees from time to time, without notice.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. TRIASHWA TECHNOLOGIES PRIVATE LIMITED is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

The User shall request TRIASHWA TECHNOLOGIES PRIVATE LIMITED for any refunds against the unutilized or 'no show' hotel booking for any reasons within 60 days from the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of hotels and TRIASHWA TECHNOLOGIES PRIVATE LIMITED as the case may be. No refund would be payable for any requests made after the expiry of 60 days as above and all unclaimed amounts for such unutilized or ‘no show’ hotel booking shall be deemed to have been forfeited.

CONFIDENTIALITY:

Any information which is specifically mentioned by Pobyt as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.

USAGE OF THE MOBILE NUMBER OF THE USER BY POBYT:

Pobyt may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; Pobyt may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by Pobyt is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Pobyt against all types of losses and damages incurred by Pobyt due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Pobyt with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

ONUS OF THE USER:

Pobyt is responsible only for the transactions that are done by the User through Pobyt. Pobyt will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.

The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.

FORCE MAJURE CIRCUMSTANCES:

The user agrees that there can be exceptional circumstances where the service operators in this case hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues. If Pobyt is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that Pobyt being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.

The User agrees that in situations due to any technical or other failure in Pobyt, services committed earlier may not be provided or may involve substantial modification. In such cases, Pobyt shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Pobyt against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

Pobyt is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

SAFETY OF DATA DOWNLOADED:

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, Pobyt will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.

RIGHT TO REFUSE:

Pobyt at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by Pobyt is not complete until full money towards the service is received from the customer and accepted by Pobyt.

Pobyt may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the App if:
  • The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference; 
  • Pobyt is unable to verify or authenticate any information provided by the user; or 
  • Pobyt believes that the user's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Pobyt. 
  • Pobyt may at any time in its sole discretion reinstate suspended users. Once the user has been indefinitely suspended the user shall not register or attempt to register with Pobyt or use the App in any manner whatsoever until such time that the user is reinstated by Pobyt. 
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, Pobyt reserves the right to recover any amounts due and owing by the user to Pobyt and/or the service provider and to take strict legal action as Pobyt deems necessary.

RIGHT TO CANCELLATION BY POBYT IN CASE OF INVALID INFORMATION FROM USER:

The User expressly undertakes to provide to Pobyt only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Pobyt.

In case Pobyt discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Pobyt in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, Pobyt shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.

INTERPRETATION NUMBER AND GENDER:

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.

SEVERABILITY:

If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

HEADINGS:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this App by the User contained herein or any other section or pages of Pobyt App ot Websites or its partner websites or any provision hereof in any manner whatsoever.

UPDATION OF THE INFORMATION BY Pobyt:

User acknowledges that Pobyt provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at sometimes, the information, software, products, and services included in or available through the Pobyt App or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Pobyt notices them. Changes are/may be periodically made/added to the information provided such. Any advice received except through an authorized representative of Pobyt via the Pobyt app or website should not be relied upon for any decisions.

MODIFICATION OF THESE TERMS OF USE:

Pobyt reserves the right to change the terms, conditions, and notices under which the Pobyt App is offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

JURISDICTION:

Pobyt hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Pobyt considers itself and intends to be subject to the jurisdiction only of the courts of Telangana, India.

RESPONSIBILITIES OF USER VIS-À-VIS THE AGREEMENT:

The User expressly agrees that use of the services is at their sole risk. To the extent Pobyt acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall Pobyt be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. Pobyt may change the features or functionality of the services at any time, in their sole discretion, without notice. Pobyt expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Pobyt or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Pobyt pages or otherwise use any of the contents, pages, information or any other material provided by Pobyt. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Pobyt in writing.






Privacy Policy

The Privacy Policy is applicable to the websites and mobile applications of TRIASHWA TECHNOLOGIES PRIVATE LIMITED including www.pobyt.co, which also comprises of the mobile site, applications for iOS, Android operating system.

For the purpose of this Privacy Policy, wherever the context so requires "you" or "your" shall mean User and the term "we", "us", "our" shall mean Pobyt. For the purpose of this Privacy Policy, “Service” means the website(s), mobile site(s) and mobile app(s).

Table of Contents

  1. TYPE OF INFORMATION WE COLLECT 
  2. HOW WE USE YOUR PERSONAL INFORMATION 
  3. PAYMENT 
  4. COOKIES AND SESSION DATA TO COLLECT INFORMATION 
  5. SHARING INFORMATION 
  6. DISCLOSURE OF INFORMATION 
  7. UNSUBSCRIBE OUR PROMOTION’S 
  8. PERMISSIONS REQUIRED FOR USING OUR APPLICATION 
  9. SECURITY AND STORAGE OF YOUR PERSONAL INFORMATION 
  10. UPDATES TO THIS POLICY 
  11. LAST REVISION DATE 



TYPE OF INFORMATION WE COLLECT:

Generally. We collect personal information from our users in order to provide you with a personalized, useful and efficient experience. The categories of information we collect can include:

Information which you provide. We may collect and store personal information you enter in our Service or provide to us in some other manner, including your first name, last name, picture, e-mail address, birthdate, password, phone number and location/address. The information may also include information such your lifestyle; billing information payment history etc. (as shared by you).

Other information. We may also collect some other information including but not limited to,
  • Transactional history (other than banking details) about your e-commerce activities, buying behavior. 
  • Your usernames, passwords, email addresses and other security-related information used by you in relation to our Services. 
  • Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc. 
  • Data Received from any third party including social media channels, including but not limited to personal or non-personal information from your linked social media channels (which include but are not limited to name, email address, friend list, profile pictures or any other information that is permitted to be received as per privacy settings) as a part of your account information. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service. 
  • Information pertaining any other traveler(s) for who you make a booking through your registered Pobyt account. In such case, you must confirm and represent that each of the other traveler(s) have agreed to have the information shared by you disclosed to us. 


HOW WE USE YOUR PERSONAL INFORMATION:

While making a booking. We may use Personal Information including, cardholder names, credit/debit card number (in encrypted form) with expiration date, banking details, wallet details etc. as shared and allowed to be stored by you. We may also use the information of travelers list as available/linked with your account. This information is presented to the User at the time of making a booking to enable you to complete your bookings expeditiously.

We may also use your Personal Information for several reasons including but not limited to:
  • Confirm your reservations with respective service providers. 
  • Keep you informed of the transaction status. 
  • Send booking confirmations. 
  • Send any updates or changes to your booking. 
  • Allow our customer service to contact you, if necessary 
  • Customize the content of our website, mobile site and mobile app. 
  • Request for reviews of products or services or any other improvements; 
  • Send verification message(s) or email(s). 
Marketing promotions, research and programs. Help us to identify your preferences, develop programs and improve user experience. Pobyt frequently sponsors promotions to give its Users the opportunity to win great offers on their travel. Personal Information collected by us for such activities may include contact information. We use such Personal Information to develop promotions and product improvements. As a registered User, you will also occasionally receive updates from us about sales in your area, special offers, new Pobyt services, and marketing programs. In addition, you may look forward to receiving periodic marketing emails, newsletters and exclusive promotions offering special deals.

From time to time we may add or enhance services available on the App. To the extent these services are provided, and used by you, we will use the Personal Information you provide to facilitate the service requested. We may also store such Personal Information to assist us in making the App the better and easier to use for our Users.

We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.


PAYMENT

We use Razorpay for processing payments. We/Razorpay do not App your card data on their servers. The data is encrypted through the Payment Card Industry Data Security Standard (PCI- DSS) when processing payment. Your purchase transaction data is only used as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is not saved.
Our payment gateway adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our App and its service providers.
For more insight, you may also want to read terms and conditions of razorpay on https://razorpay.com


COOKIES AND SESSION DATA TO COLLECT INFORMATION:

We automatically collect certain types of usage information. When you visit our website, or use our Service. When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time.

Each time you access the Website your session data gets logged. Session data consists of the User’s IP address, operating system and type of browser software being used and the activities conducted by the User while on the Website. We collect session data because it helps us analyze User’s choices, browsing pattern including the frequency of visits and duration for which a User is logged on. It also helps us diagnose problems with our servers and lets us better administer our systems. The aforesaid information cannot identify any User personally. However, it is possible to determine a User's Internet Service Provider (ISP), and the approximate geographic location of User's point of connectivity from the IP address.

When you access our Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.

We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to:
  • Remember information so that you will not have to type your information each time. 
  • Provide custom, personalized content and information, including targeted content and advertising. 
  • Provide and monitor the effectiveness of our Service. 
  • Monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service 
  • Diagnose or fix technology problems. 


SHARING INFORMATION:

Service Providers/Suppliers:

Your information shall also be shared with the end service providers in this case hotels or any other suppliers who are responsible for fulfilling your booking. You may note that while making a booking with Pobyt you authorize us to share your information with the said service providers/suppliers. However, how the said service providers/suppliers use the information shared with them is beyond the purview of Pobyt. You are therefore advised to review the privacy policies of the respective service provider/supplier whose services you choose to avail.

Pobyt does not sell or rent individual customer names or other Personal Information of Users to third parties except sharing of such information with our business / alliance partners or vendors who are engaged by us for providing various referral services and for sharing promotional and other benefits to our customers from time to time basis their booking history with us.

Companies under the same corporate entity:

Our affiliates and other companies owned by or under common ownership with Triashwa, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;

Business Partners/Third Party Vendors:

We may also share certain filtered Personal Information to our business partners who may contact the customers to offer certain products or services (which may include free or paid products / services) which will enable the customer to have better travel experience or to avail certain benefits specially made for Pobyt customers.

Pobyt may share your Personal Information to the third party that Pobyt may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, and data processing platforms.

We use non-identifiable Personal Information of Users in aggregate form to build higher quality, more useful mobile app by performing statistical analysis of the collective characteristics and behavior of our customers and visitors, and by measuring demographics and interests regarding specific areas of the App.

Third-party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, content or service fulfillment, payment processing or providing analytics services.

We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.



DISCLOSURE OF INFORMATION:

In addition to the circumstances described above, Pobyt may disclose User's Personal Information if required to do so:
  • By law, required by any enforcement authority for investigation, by court order or in reference to any legal process. 
  • To conduct our business. 
  • For regulatory/internal compliance and audit exercise(s) 
  • To enforce or protect our rights or properties of Pobyt or any or all of its affiliates, associates, employees, directors or officers or when we have reason to believe that disclosing Personal Information of User(s) is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities. 
  • To ensure that the security and integrity of our services are safeguarded, we may monitor your Personal Information. 


UNSUBSCRIBE OUR PROMOTION’S:

You will occasionally receive e-mail updates from us about sales in your area, special offers, new Pobyt services, and other noteworthy items. We hope you will find these updates interesting and informative. If you wish not to receive them, please send us an email unsubscribe@pobyt.co


PERMISSIONS REQUIRED FOR USING OUR APPLICATION:

When Pobyt app is installed on your phone, a list of permissions appears and are needed for the app to function effectively. The permissions that Pobyt requires and the data that shall be accessed and its use is as below:

Android and iOS permissions:

Device & App history: We need your device permission to get information about your device, like OS (operating system) name, OS version, mobile network, hardware model, unique device identifier, preferred language, etc. Basis these inputs, we intend to optimize your travel booking experience, use OS specific capabilities to drive great in-funnel experiences using components of device’s OS, etc.

Identity:
This permission enables us to know about details of your account(s) on your mobile device. We use this info to auto-fill your email ID’s and provide a typing free in-funnel experience. It helps us map email ID’s to a particular user to give you the benefit of exclusive travel offers, wallet cash-backs, etc. It also allows facilitating your Facebook and Google+ login.

Location: This permission enables us to give you the benefit of location-specific hotels. When you launch Pobyt app to make a hotel booking. We also require this permission to recommend you nearest hotels to make a quick last-minute booking for the nearest hotel. Your options are personalized basis your locations.

Phone: The app requires access to make phone calls so that you can make phone calls to hotels, and our customer contact centers directly through the app.

Device ID & Call information: This permission is used to detect your Android or iOS ID through which we can uniquely identify users. It also lets us know your contact details using which we pre-populate specific fields to ensure a seamless booking experience.

Notifications: Through notifications, we will send exclusive deals, promotional offers, travel related updates, etc. on your device.




SECURITY AND STORAGE OF YOUR PERSONAL INFORMATION

Pobyt cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.



UPDATES TO THIS POLICY

We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the "Last Revision" date below and will post the updated Policy on this page. If you object to any changes, you may close your account. Continuing to use our Services after we publish changes to this Privacy Policy means that you are consenting to the changes.

If you have questions about this Policy, please contact us at privacy@pobyt.co


LAST REVISION DATE

This Policy was never revised till date.