AND
My Turf Hospitality incorporated
under the Companies Act, 1956, having its registered office at Mascot centre, Opposite Lunkad Abode, Viman
Nagar, Pune, Maharashtra 411014. Aman Mehra (CMO)will be the authorized
representative for this collaboration for Tribe Student Accomodation.
Collectively referred as Parties
WHEREAS :
A. CoFynd, is a tech-enabled online marketplace for Co-Living Spaces, providing a platform for Listing/Aggregation, Searching & Booking Services via its website www.CoFynd.com and Application on various mobile-application stores (hereinafter individually referred to as "Platform" and collectively as "Platform(s)") all associated services by CoFynd (hereinafter collectively referred to as, "Services").
B. Tribe Student Accomodation is desirous of providing “Co-Living Space & Services" to interested Users / Clients / Members and in furtherance of the same, intend to use CoFynd's Platform(s), and agrees to share the Images, Videos and any information desired by CoFynd to promote and book Tribe Student Accomodation using CoFynd Platform(s)
SCOPE OF COFYND'S SERVICE
● CoFynd will help Tribe Student Accomodation by providing them Users / Clients / Members for their Co-Living Space& Services through its platform(s) and other ATL/ BTL activities it may plan, as and when required.
● Tribe Student Accomodation understands and agrees to CoFynd's business model and by entering into this agreement allows CoFynd to promote and help in booking of its Co living Spaces, Meeting rooms, Event Spaces, Training Rooms and any other space & Services available with them.
● Tribe Student Accomodation will share the information about their spaces like Images, Videos, Data, documents and other vital information required to promote their spaces on www.cofynd.com .
FINANCIAL TERMS & SERVICE FEES
● CoFynd will charge a Service Fee from Tribe Student Accomodation for Successful transactions of closure of bed(s)/space.
● The Service Fee shall be paid as follows (as the case may be):-
A. Monthly by Tribe Student Accomodation on or before 10th day of every month for which the space is booked or,
B. Service fees shall be paid upfront for Membership agreements with commitment terms.
The Service Fee would be charged and paid as below:
|
|
CoFynd’s Service Fee |
|
New Business (For Membership Agreements with Commitment Terms) |
● Upto 1year (1 to 12 months) commitment : 10% of Membership fees ● Up to 2year (1 to 24 months) commitment: 10% of 1st year Membership fees PLUS (+) 3% of Year 2 Membership fee ● For 3 Year or More Commitment: 5% Of total Membership agreement Value |
|
Monthly Business (For Membership Agreements without Commitment Terms) |
- 10% of monthly Membership fee, for each month the Membership agreement remains in effect for up to 12 months |
|
Events Spaces |
10% of space usage fee |
|
Training / Meetings Rooms |
10% of space usage fee |
|
Any other Space/Service |
10% of space usage fee |
In case of any increase in the number of bed(s) taken by the Member the Service Fee shall be charged on the increased number of bed(s).
There will be a Subscription fees mentioned below which Tribe Student Accomodation have to pay to list your property/space on CoFynd which is as under :-
=> Monthly Subscription Fee : Rs. 3000/- per month.
=> Annual Subscription Fee : Rs. 24000/- (paid Upfront). Annual Subscription will include 2 months free subscription and we will shout out loud for your business on our portal & all social media handles as a promotional activity.
REGISTRATION CLAUSE
In case Cofynd shares the particulars of the Member intends to book a bed(s)/space and CoFynd schedules a visit (Cofynd’s representative may or may not be there with the client at the time of visit), then Tribe Student Accomodation will consider the User(s) as a CoFynd's registered user.
In future, if in case, a registered user visits the Tribe Student Accomodation centre himself, with any Broker or aggregator then Tribe Student Accomodation will inform the CoFynd immediately.
In eventuality, where a registered user book bed(s) directly by Tribe Student Accomodation team, then the Cofynd shall be informed and will be given its service fee as per above mentioned slab.
Also, where a registered user
makes a booking by any other aggregator or a broker, the CoFynd shall
be informed accordingly and shall be given 50% of the service fee as per slabs
mentioned above.
REPRESENTATIONS AND WARRANTIES
Tribe Student Accomodation represents and warrant that CoFynd shall not be held responsible for any acts or omissions on its part in provision of Tribe Student Accomodation Services to the Member, and its relationship with the Member shall be governed by the Tribe Student Accomodation Member Agreement.
TERM AND TERMINATION
● In case of a rectifiable breach of the Terms of this Agreement by either Party, the aggrieved Party will notify the latter Party about breach in writing/ email.
● If the former Party fails to rectify or cure the breach within 15 (fifteen) days from the date the above said Intimation or email then the Party may terminate this Agreement with serving a Notice.
● This Agreement shall continue to be valid unless terminated by either Party to this Agreement, by giving a 30 days prior Notice to the other Party, expressing its willingness and intention to terminate this Agreement, by serving notice to the registered address.
B. SUSPENSION OF ACCOUNT
Tribe Student Accomodation account may be suspended if:
● Tribe Student Accomodation fails to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if
● Tribe Student Accomodation provides inaccurate, fraudulent, outdated or incomplete information during the Account registration, Listing process or thereafter,
● Tribe Student Accomodation repeatedly cancels confirmed Bookings or failed to respond to Booking(s) without a valid reason, or
● CoFynd believes in good faith that such action is reasonably necessary to protect the personal safety, Goodwill or property of CoFynd, its Members, or third parties, or to prevent fraud or other illegal activity.
DISCLAIMERS AND LIMITATION OF LIABILITY
Tribe Student Accomodation acknowledges and agrees that…
● Tribe Student Accomodation is responsible for its own acts and omissions, and is also responsible for the acts.
● The quality, maintenance and performance of Tribe Student Accomodation services, and thereby that of its properties, are entirely Tribe Student Accomodation responsibility.
● Upon a booking being made by the Member, Tribe Student Accomodation shall enter and be bound by a separate agreement with the Member, governing the terms and conditions of its Co Living Space & services.
● CoFynd is strictly not responsible for any non-performance or breach of any contract entered into between Tribe Student Accomodation and the Members or a third party, or damages or losses suffered as a result, and while CoFynd may extend its best efforts, at its discretion, to resolve the same, CoFynd shall not and is not required to mediate or resolve any dispute or disagreement between Tribe Student Accomodation and the Member(s).
INDEMNIFICATION
●
Tribe Student Accomodation indemnifies CoFynd and its
affiliates, officers, directors, employees and agents, harmless from and
against any and all claims, demands, actions, costs, liabilities, losses and
damages of any kind (including attorney’s fees) resulting from (i) its use,
misuse or abuse of the CoFynd Platform(s) and Application and/or the
Platform(s) Content, or (ii) its breach of any provisions of the Tribe
Student Accomodation
Partner-Member Agreement, or (iii) its interaction with any Member and their
use of the Tribe Student Accomodation Services, including without limitation
any injuries, losses or damages (whether compensatory, direct, incidental,
consequential or otherwise) of any kind arising in connection with or as a
result of such interaction, participation or use, (iii) its breach of any laws,
regulations or third party rights. Tribe Student Accomodation will cooperate as fully as
reasonably required in CoFynd's defence of any claim.
DISPUTES
● DISPUTES BETWEEN Tribe Student Accomodation AND THE MEMBER
CoFynd hereby declares that it is not liable for any dispute arising between Tribe Student Accomodation and the Member, either contractual or otherwise. And CoFynd has no privity of contract with either Tribe Student Accomodation or the Member, with respect to the Tribe Student Accomodation Services being provided and availed.
●
DISPUTES BETWEEN THE PARTIES
I. The Parties to this agreement mutually agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement or interpretation thereof, or pertaining to the use of the CoFynd Platform(s) or Application, Payment Service, Content,Tribe Student Accomodation Co-Living Space, Tribe Student Accomodation Services, (collectively referred to as the "disputes") will be settled by binding arbitration.
II. The arbitration tribunal shall consist of a sole arbitrator to be appointed by mutual consent of both parties, and the fees of the arbitration is to be borne by both the parties equally. The seat of arbitration shall be in India and the venue of Arbitration shall be in Gurugram, Haryana. Judgment on the arbitration award may be entered and enforced in any court with proper jurisdiction.
III.Prior to initiating arbitration proceedings, the parties mutually agree to notify the other party of a dispute, and the parties shall have a meeting for the purposes of resolving the dispute inter-se, without the need to enforce the arbitration clause. If after a good-faith effort to negotiate, the parties are unable to resolve the dispute, the party intending to initiate the arbitration proceedings shall notify the other party of the intention, prior to initiating the proceedings.
GOVERNING LAW
The parties agree that the law governing the present agreement shall be the
laws of India, and the courts of Gurugram, Haryana, shall have exclusive
jurisdiction with respect to any dispute arising from this agreement
_______ _____________________
Name: Atul Gupta Name:Aman Mehra Contact Number:9999189999 Contact Number: 83088 57391
Email ID : atul@cofynd.comEmail ID social@tribestays.com
(Cofynd Infotech (P) Ltd)(My Turf Hospitality )
