Payment Terms

1. Your use of the Payment Services

1.1 Bidyourstay Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Bidyourstay Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Bidyourstay Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Bidyourstay Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Bidyourstay Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Bidyourstay Payments of those Third-Party Services.

1.3 Your Bidyourstay Account. Bidyourstay Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Bidyourstay account. You may authorize a third party to use your Bidyourstay account if the feature is enabled for your Bidyourstay account. You acknowledge and agree that anyone you authorize to use your Bidyourstay account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

1.4 Identification and Verification. You authorize Bidyourstay Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide, and if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include
(i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources,
(ii) requesting reports from service providers,
(iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws; or
(iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Bidyourstay Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

2. Guest Terms

3. Host Terms

4. Appointment of Bidyourstay Payments as Limited Payment Collection Agent

4.1 Each Host, including each Host Team member, hereby appoints Bidyourstay Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.

4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through Bidyourstay Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that Bidyourstay Payments may refund the Guest in accordance with the Terms. Each Host understands that Bidyourstay Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. Bidyourstay Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Bidyourstay Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Bidyourstay Payments assumes no liability for any acts or omissions of the Host.

4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Bidyourstay Payments is not a party to the agreement between you and the Host(s), including each Host Team member, Bidyourstay Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Bidyourstay Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Bidyourstay Payments is responsible for remitting the funds successfully received by Bidyourstay Payments to the Host(s) in the manner described in these Payments Terms. In the event that Bidyourstay Payments does not complete the provision of the Payment Services and remit any such amounts, the Host(s) will have recourse only against Bidyourstay Payments and not the Guest directly for the failure on the provision of the Payment Services.

5. General Terms

5.1 Fees. Bidyourstay Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Bidyourstay Platform.

If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize Bidyourstay Payments to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. Bidyourstay Payments will notify you in writing before any Additional Amounts are charged. If your Payment Method associated with the relevant booking is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts. You authorize Bidyourstay Payments to charge or debit the Payment Method related to your booking again or use any other Payment Method on file associated with your Bidyourstay account, if available, to collect such Additional Amounts. Your bank may charge you an overdraft or other fees for each payment failure. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you. If Bidyourstay has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Bidyourstay Payments released the payout for such stay, Bidyourstay Payments may recoup from you such amount by reducing, deducting or debiting the amount from any future Payouts owed to you. In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Bidyourstay Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

5.3 Collections
5.3.1 If Bidyourstay Payments is unable to collect any amounts you owe under the Terms and these Payments Terms, Bidyourstay Payments may engage in collection efforts to recover such amounts from you.
5.3.2 Bidyourstay Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Bidyourstay Payments first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s Bidyourstay account or the associated services have been provided, whichever is later.
5.3.3 Bidyourstay Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges or debits, after Bidyourstay Payments first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Bidyourstay account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Bidyourstay and/or Bidyourstay Payments by you. Such communications may be made by Bidyourstay, Bidyourstay Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.

5.4 Payment Processing Errors
5.4.1 Bidyourstay Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Bidyourstay Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, deducting and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Bidyourstay Payments.

6. Damage Claims and Damage Amounts

6.1 If you are responsible for Damage Claim amounts, pursuant to Section 11 of the Terms, Bidyourstay via Bidyourstay Payments may charge the Payment Method used to make the booking or any other payment method on file in your Bidyourstay account at the time of the Damage Claim or reasonably thereafter in order to collect Damage Claim amounts, up to a maximum amount as defined in Section 11 of the Terms. To facilitate this charge, when you book a Listing, you are agreeing that Bidyourstay via Bidyourstay Payments may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts.
6.2 You agree that Bidyourstay Payments may seek to recover from you under any insurance policies you maintain and that Bidyourstay Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or payment requests made by Hosts.

7. Abandoned Property

If Bidyourstay Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.

8. Prohibited Activities

8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
● breach or circumvent any applicable laws or regulations;
● breach or circumvent any agreements with third parties, third-party rights, or the Terms,
● use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
● register or use any Payment Method or Payout Method with your Bidyourstay account that is not yours or you do not have authorization to use;
● avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Bidyourstay Payments or any of Bidyourstay Payments’ providers or any other third party to protect the Payment Services;
● take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
● attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
● violate or infringe anyone else’s rights or otherwise cause harm to anyone.

8.2 We are required to act in accordance with our internal policies and the laws of various jurisdictions relating to the prevention of money laundering and the implementation of sanctions You will comply with any relevant financial sanctions and any relevant export control laws applicable to you and to your local jurisdiction.

9. Force Majeure

Bidyourstay Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from abnormal or unforeseeable circumstances outside the reasonable control of Bidyourstay or Bidyourstay Payments, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).

10. Disclaimers

10.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

10.2 Notwithstanding Bidyourstay Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Bidyourstay Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Bidyourstay Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

10.3 If we choose to conduct identity verification 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.

10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

11. Liability

11.1 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 Payment Services remains with you. If you permit or authorize another person to use your Bidyourstay account in any way, you are responsible for the actions taken by that person. Neither Bidyourstay Payments nor any other party involved in creating, producing, or delivering the Payment Services 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 Payments Terms,
(ii) from the use of or inability to use the Payment Services, or
(iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Bidyourstay Payments 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. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the Host Damage Protection or Japan Host Insurance, in no event will Bidyourstay Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Bidyourstay Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Bidyourstay Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), 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 Bidyourstay Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Bidyourstay Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Bidyourstay Payments’ option), indemnify, and hold Bidyourstay Payments and its affiliates and subsidiaries, 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 Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.

Modification, Term, Termination, and other Measures

13.1 Modification. Except as otherwise required by applicable law, Bidyourstay Payments may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Bidyourstay Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you are contracting with Bidyourstay Payments India, you will receive at least two (2) months advance notice. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment

13.2 Term. This agreement between you and Bidyourstay Payments reflected by these Payment Terms is effective when you create an Bidyourstay account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.

13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Bidyourstay account. Terminating this agreement will also serve as notice to cancel your Bidyourstay account pursuant to the Terms. Without limiting our rights specified below, Bidyourstay Payments may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months' prior notice for Members contracting with Bidyourstay Payments India). Bidyourstay Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Bidyourstay Payments believes in good faith that such action is reasonably necessary to protect other Members, Bidyourstay, Bidyourstay Payments, or third parties.

13.4 Suspension and Other Measures. Bidyourstay Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Bidyourstay Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Bidyourstay, its Members, Bidyourstay Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method

13.5 Appeal. If Bidyourstay Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.

13.6 Effect of Termination. If you cancel your Bidyourstay account as a Host or Bidyourstay Payments takes any of the measures described above, Bidyourstay Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Bidyourstay account as a Guest, Bidyourstay Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Bidyourstay account or attempt to access and use the Payment Services through an Bidyourstay account of another Member.

13.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.

14. Governing Law and Dispute Resolution

14.1 If you are contracting with Bidyourstay PaymentsIndia, these Payments Terms will be interpreted in accordance with the laws of the Delhi and India, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or other concerned court in Delhi, India, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Delhi, India

14.2 If you are contracting with Bidyourstay Payments India, these Payments Terms will be interpreted in accordance with Indian law. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Indian law. As an individual consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a competent court in India. If Bidyourstay wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Indian courts.

14.3 If you are contracting with Bidyourstay Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms must be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Bidyourstay Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.

16. Miscellaneous

16.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Bidyourstay Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Bidyourstay Payments and you regarding the Payment Services. If any provision of these Payments 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.

16.2 No Waiver. Bidyourstay Payments’ failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

16.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Bidyourstay Payments’ prior written consent. Bidyourstay Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Bidyourstay Payments India).

16.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Bidyourstay Payments via email or Bidyourstay Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Bidyourstay Payments transmits the notice.

17. Additional Clauses for Users Contracting with Bidyourstay Payments UK

The following paragraphs will apply if you are contracting with Bidyourstay Payments UK. To the extent that there is any conflict between this Section 17 and any other provisions of these Payment Terms, the provisions of this Section 17 shall apply.

17.1 Payment Service User
17.1.1 The Payment Services include the payment collection service provided to Hosts contracting with Bidyourstay Payments India. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Bidyourstay Payments India treats Hosts as the “payment service user.”
17.1.2 By agreeing to these Payments Terms you as a Host have consented to Bidyourstay Payments India's payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. Bidyourstay Payments India will be deemed to have received the Host's payment order to the Host on the same date Bidyourstay Payments UK agrees to initiate the Payout in accordance with Section 3.3
17.1.3 Bidyourstay Payments India will endeavor to ensure that Hosts based in the India will receive each Payout by the end of the business day following Bidyourstay Payments India's initiation of the Payout.
17.1.4 Communication. Bidyourstay Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.

17.2 Diverted Payouts and Complaints
17.2.1 If you as a Host believe or become aware that a Payout properly due to you has been or may be diverted without your authorization (“Diverted Payout”) because your password or other credentials to log into your Bidyourstay account (“Credentials”) have been lost or stolen or misappropriated, you should notify Bidyourstay Payments India without undue delay on becoming aware of the loss, theft, or misappropriation of your Credentials or of the unauthorized use of your Credentials or access to your Bidyourstay account.
17.2.2 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method (including where there has been a Diverted Payout), Bidyourstay Payments India will (if requested by you without undue delay, on becoming aware of the unauthorised or incorrectly executed Payout and in any event within 13 months of it happening) make immediate efforts to trace the payment and will notify you of the outcome. Subject to Section 17.2.3, unless we can prove that (i) the Payout was received by you via your chosen Payout Method, or (ii) we made the Payout correctly using the Payout Method information you provided but the information you provided was incorrect, we will refund the amount. Where you have given us incorrect information we will not be liable for the defective or non-execution of the Payout, however, we will make reasonable efforts to recover the Payout funds.
17.2.3 You must use your Credentials in accordance with these Payment Terms and take all reasonable steps to keep your Credentials safe. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials including the loss of a mobile phone on which you have installed the Application or where you have failed to keep your Credentials safe, up to a maximum of INR3000. This will not apply if the loss, theft or misappropriation of your Credentials was not detectable by you prior to the Payout, unless you acted fraudulently or the loss was caused by acts or omissions of Bidyourstay personnel or a service provider. You may, however, be liable for all losses relating to a Diverted Payout if we can show that you acted fraudulently or where, with intent or gross negligence, you failed to use the Bidyourstay Platform and/or Payment Services in accordance with the Terms or these Payment Terms (including the obligation to keep your Credentials safe). Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of a Diverted Payout arising after notification by you of the loss, theft, or misappropriation of your Credentials or of the unauthorized use of your Credentials, where we have failed at any time to provide appropriate means for such notification, or where we do not require strong customer authentication, where required.

19. Additional Clauses for Users that are Businesses

The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

19.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.

19.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

19.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.

19.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Bidyourstay for Work, as permitted by your account, you authorize Bidyourstay Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.

19.5 For any Payout Method linked to your Bidyourstay account, you authorize Bidyourstay Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your Bidyourstay account and take any other action as permitted in the Payments Terms in respect of the Payout Method.

20. Contacting Bidyourstay Payments

You may contact Bidyourstay Payments regarding the Payment Services using the information below:

ENTITY: Brokfree travel tech pvt ltd referred to as Bidyourstay

CONTACT INFORMATION: B-1102 connoisseur twin towers, sec-43, Gurgaon, Haryana, India, 122002 write to us on - harshal@bidyourstay.com//notifications@bidyourstay.com, call us on 8882967672