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Terms & Conditions
 

Last Updated: November 25, 2013

TERMS OF USE AGREEMENT:

Applicability of this Agreement:

This Terms of Use Agreement ("Agreement") incorporates the terms and conditions for Oxeye Digital Solutions Pvt Ltd and its subsidiaries and affiliate Companies ("SMARTSTAY") to provide services to the person (s) ("the USER") intending to do booking or inquiring for accommodation/hotels and/ or services listed on SMARTSTAY's website www.Smartstay.in by using SMARTSTAY'sA website or using any other customer interface channels of SMARTSTAY which includes its sales persons, offices, advertisements, information campaigns etc.

For the purposes of this Agreement, "Website" means the website www.Smartstay.in that is wholly- owned and controlled by Oxeye Digital Solutions Pvt Ltd and "Host" shall mean and include the individual or company listing its/their property on the Website for accommodation of the USERs.

Both USER and SMARTSTAY 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 SMARTSTAY 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 SMARTSTAY for all purposes, and shall be binding on the USER. All rights and liabilities of the USER and/or SMARTSTAY with respect to any services to be provided by SMARTSTAY shall be restricted to the scope of this agreement.

SMARTSTAY reserves the right, in its sole discretion, to terminate the access to its website and/or its related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.

All use by the USER of this website is at the USER's own risk. The USER assumes complete responsibility for all risk or loss resulting from the USER downloading and/or use of or referring to or relying on information, products, services or materials provided on the SMARTSTAYA website, or any other information obtained from the USER's use of this website. The USER agree s that Smartstay and will not be liable for damages arising after the USER's use or inability to use the SMARTSTAY website and the USER hereby waives any and all claims with respect thereto whether based on contract, tort or other rounds.

SMARTSTAY's Services are offered to the USER conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement, 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. If the USER does not agree with any part of such terms, conditions and notices, the USER must not avail SMARTSTAY's Services.

SMARTSTAY does not represent that all details and informations provided in the website are fully accurate and error-free. Therefore, the information, software, products, and services published on this web site may include inaccuracies or typographical errors. In particular, SMARTSTAY and its affiliates/subsidiaries do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of the hotel, accommodation and other travel products displayed on this website (including, without limitation, photographs, list of facilities, product descriptions, etc.). SMARTSTAY reserves its right to change or make any modification in the website and its contents, at any time.

SMARTSTAY (including people manning and operating the hotels/accommodations and other suppliers providing travel or other services for SMARTSTAY (collectively "suppliers") are individuals and/or independent contractors and not agents or employees of SMARTSTAY or its affiliates/subsidiaries. To the fullest extent permitted by law SMARTSTAY and its affiliates/subsidiaries are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property loss or damage, or other damages or expenses resulting therefrom to the USER. SMARTSTAY has no liability or responsibility in this regard. In addition SMARTSTAY will make no refund or entertain any claim in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

Under no circumstances and in no event SMARTSTAY shall be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any manner connected with, the use of this website or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability, or otherwise.

By providing the USER the SMARTSTAY accommodation in a particular destination, SMARTSTAY does not provide the USER any guarantee or warranty in respect of safety or suitability of the said destination. The destination is chosen by the USER at his/her sole discretion and without any responsibility or liability on the part of SMARTSTAY.

SMARTSTAY in no way is responsible or liable for the accuracy of the accommodation listings on the website including photographs, Amenities provided etc. SMARTSTAY does not make any guarantee of the accommodation and/or the services offered by the Host.

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 SMARTSTAY immediately in writing of any unauthorized use of its password or account or any other breach of security. SMARTSTAY 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/her knowledge. The USER shall not use anyone else's password at any time

Fees Payment

SMARTSTAY reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. SMARTSTAY 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 case, there is a short charging by SMARTSTAY for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, SMARTSTAY 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 SMARTSTAY for any refunds against the unutilized or 'no show' air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, Hotels, Hosts and SMARTSTAY as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or 'no show' air or hotel booking shall be deemed to have been forfeited.

Confidentiality Any information which is specifically mentioned by SMARTSTAY 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.

Cancellations Rules:

Please refer to our cancellation policy.

The USER's confirmed reservations shall be valid until 6 PM of the arrival date or until any specific time of the day if stipulated by the USER at the time of reservation, whichever is later. Therefore, If the USER does not cancel his/her reservation, or fails to arrive (no-show) by the agreed check-in date and/or by the above time the same will result in the cancellation of the USER's entire reservation and there will be no refund of whatsoever nature.

If the USER has made any payment through credit card or debit card and the said reservation gets cancelled for the above reasons or in a situation where the USER is entitled to receive refund in the above manner due to the USER cancelling the reservation, the USER shall not be entitled to make any charge back claim or any other claim in respect of the credit card / debit card facility / payment mode used by the USER for the reservation, with the credit card issuer or acquiring bank. In addition, if the USER is entitled to any refund on cancellation and if the USER has used his/her credit card / debit card for such reservation, the amount of refund, if any, would be credited back to the same credit card / debit card account. The USER shall not use credit card / debit card of any third party for his/her booking through this website, unless such credit card / debit card belongs to any of the USER's close relative and the USER has express authority to use the said credit card / debit card.

Usage Of The Mobile Number Of The USER By SMARTSTAY

SMARTSTAY 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; SMARTSTAY 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 whatsoever, 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 SMARTSTAY 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 SMARTSTAY against all types of losses and damages incurred by SMARTSTAY 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 SMARTSTAY 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

SMARTSTAY is responsible only for the transactions that are done by the USER through SMARTSTAY website. SMARTSTAY 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 represents and confirms 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.

Advertisers on SMARTSTAY or linked websites

SMARTSTAY 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. SMARTSTAY does not endorse any advertiser on its web pages in any manner. The USERs are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

The linked sites are not under the control of SMARTSTAY and SMARTSTAY is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SMARTSTAY is providing these links to the USERs only as a convenience and the inclusion of any link does not imply endorsement of the site by SMARTSTAY.

Taxes

At the time of booking your reservation through this Website, SMARTSTAY charges applicable taxes and levies as on the date of the booking. You agree that if there is any subsequent change in the rate of taxes or levies or if there is any imposition of new tax or levy at the time when you actually occupy the accommodation, you shall be responsible and liable for such additional levies, taxes and enhancements

Website and its contents

This website is only for the personal use of the USER as well as for non-commercial purposes. The USER shall not distribute, exchange, modify, sell or transmit anything or copy from this website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

As long as the USER complies with the terms of this Agreement, SMARTSTAY grants the USER a non-exclusive, non-transferable, limited right to enter, view and use this website. The USER agrees not to interrupt or attempt to interrupt the operation of this website in any way.

The content and information on this website (including, without limitation, price and availability of accommodation, services etc), as well as the infrastructure used to provide such content and information, is proprietary to SMARTSTAY or its suppliers and providers. Accordingly, as a condition of using this website, the USER agrees not to use this Website or its contents or information for any commercial or non-personal purpose (direct or indirect). While the USER may make limited copies of his/her travel itinerary (and related documents) for travel or services purchased through this Website, the USER further agrees not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website. In addition, whether or not the USER has any commercial purpose, the USER agrees not to:

* Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose.

* Deep-link to any portion of this Web site for any purpose.

The USER confirms and warrants that he/she shall not use this Website including any contents therein for any purpose which is unethical, unlawful or prohibited by law.

SMARTSTAY may add to, change or remove any part of this Agreement at any time, without any notice. Any changes to this Agreement or any terms posted on this Website apply as soon as they are posted. By continuing to use this Website after any changes are posted, the USER is deemed to have indicated his/her acceptance to those changes.

Safety Of Data Downloaded

The USER understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the SMARTSTAY Website 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, SMARTSTAY 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.

Feedback From Customer And Solicitation:

The USER is aware that SMARTSTAY provides various services like homestay and hotel bookings, accommodation, listing of property for holidays and would like to learn about them, to enhance his / her travel experience. The USER hereby specifically authorizes SMARTSTAY to contact the USER with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time.

Proprietary Rights

SMARTSTAY may provide the USER with contents such as sound, photographs, graphics, video or other material contained in the Website or sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws by Indian and International copyright laws. Certain words and logos contained in the Website are subject matter of trademark registration and protected accordingly. All software used on this site is the property of SMARTSTAY or its software suppliers and protected by applicable copyright laws

The USER may use this material only as expressly authorized by SMARTSTAY and shall not copy, transmit or create derivative works of such material without express authorization.
The USER acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.

Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the USER to personal liability or criminal prosecution.

VISA obligations of the USER

The travel bookings done by SMARTSTAY are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. SMARTSTAY is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.

Right To Refuse

SMARTSTAY 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 SMARTSTAY is not complete until full money towards the service is received from the customer and accepted by SMARTSTAY.
Without prejudice to the other remedies available to SMARTSTAY under this agreement, the TOS or under applicable law, SMARTSTAY 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 website if:

The USER is in breach of this agreement, the TOS and/or the documents it incorporates by reference;

SMARTSTAY is unable to verify or authenticate any information provided by the USER; or

SMARTSTAY 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 SMARTSTAY.

SMARTSTAY may at any time in its sole discretion reinstate suspended USERs. Once the USER have been indefinitely suspended the USER shall not register or attempt to register with SMARTSTAY or use the website in any manner whatsoever until such time that the USER is reinstated by SMARTSTAY.
Notwithstanding the foregoing, if the USER breaches this agreement, the TOS or the documents it incorporates by reference, SMARTSTAY reserves the right to recover any amounts due and owing by the USER to SMARTSTAY and/or the service provider and to take strict legal action as SMARTSTAY deems necessary.

Right to Cancellation by SmartStay incase Of Invalid Information from USER

The USER expressly undertakes to provide to SMARTSTAY only correct and valid information while requesting for any services from the Website, 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 SMARTSTAY.

In case SMARTSTAY 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 the USER, SMARTSTAY 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, SMARTSTAY 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.
The USER unequivocally indemnifies SMARTSTAY of any such claim or liability and shall not hold SMARTSTAY responsible for any loss or damage arising out of measures taken by SMARTSTAY for safeguarding its own interest and that of its genuine customers. This would also include SMARTSTAY denying/cancelling any bookings on account of suspected fraud transactions.

Indemnification

The USER agrees to indemnify, defend and hold harmless SMARTSTAY and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SMARTSTAY and/or its affiliates / subsidiaries, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the USER pursuant to this agreement.

The USER shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and SMARTSTAY cannot be held responsible for the same.

Force Majure

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

The USER agrees that in situations due to any technical or other failure in SMARTSTAY, services committed earlier may not be provided or may involve substantial modification. In such cases, SMARTSTAY 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 SMARTSTAY against such non-provision of services or deficiencies.


SMARTSTAY shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the USER affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of SMARTSTAY arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the USER for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by SMARTSTAY for its services.

In no event shall SMARTSTAY and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SMARTSTAY website(s) or any other channel . Neither shall SMARTSTAY be responsible for the delay or inability to use the SMARTSTAY websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the SMARTSTAY website(s), or otherwise arising out of the use of the SMARTSTAY website(s), whether based on contract, tort, negligence, strict liability or otherwise.

SMARTSTAY 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.

Relationship

None of the provisions of this Agreement, terms and conditions, notices, or the right to use the Website by the USER contained herein or any other section or pages of SMARTSTAY Website, shall be deemed to constitute a partnership between the USER and SMARTSTAY and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

Updation of the Information by SmartStay

USER acknowledges that SMARTSTAY provides services with reasonable diligence and care. It endeavors its best to ensure that USER does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the SMARTSTAY websites or other sales channels and advertisement materials may include inaccuracies or typographical errors which will be immediately corrected as soon as SMARTSTAY notices them. Changes are/may be periodically made/added to the information. SMARTSTAY may make improvements and/or changes in the SMARTSTAY websites at any time without any notice to the USER. Any advice received except through an authorized representative of SMARTSTAY via the SMARTSTAY websites should not be relied upon for any decisions.

Modification of the Agreement

SMARTSTAY reserves the right to change the terms, conditions, and notices under which the SMARTSTAY websites are offered, including but not limited to the charges. The USER is responsible for regularly reviewing these terms and conditions.

Responsibilities Of USER Vis-A-Vis The Agreement

The USER expressly agrees that use of the services is at their sole risk. To the extent SMARTSTAY acts only as a booking agent on behalf of the Host or third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the Host or service providers. In no circumstances shall SMARTSTAY be liable for the services provided by the Host or service provider. The services are provided on an "as is" and "as available" basis. SMARTSTAY may change the features or functionality of the services at any time, in their sole discretion, without notice. SMARTSTAY 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 SMARTSTAY 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 SMARTSTAY pages or otherwise use any of the contents, pages, information or any other material provided by SMARTSTAY. 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 SMARTSTAY in writing.

Miscellaneous

This agreement is construed, interpreted and governed in accordance with laws of Union of India. All disputes arising out of the use of this Agreement / website shall be settled through arbitration under Indian Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by SMARTSTAY. Courts at Mumbai, India alone shall have exclusive competent jurisdiction. If the USER is contemplating to use this website from a jurisdiction which does not recognize or give effect to the terms and conditions of this Agreement or Website, including the provisions of this clause, the USER agrees that he/she shall not use the Website.

If any part of this agreement is held to be invalid or unenforceable pursuant to applicable law being Indian laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This agreement constitutes the entire agreement between the USER and SMARTSTAY with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the USER and SMARTSTAY with respect to this Website.

The USER warrants and confirms that he/she is atleast 18 years of age and is not otherwise disqualified or incompetent to enter into any contract on his/her own. The USER further confirms that he/she possess the legal authority and is competent to enter into this Agreement and to use this Website in accordance with all terms and conditions herein. The USER agrees to be financially responsible for use of this Website (as well as for any use of the USER's account by others, including, without limitation, minors). The USER also warrants that all information supplied by him/her or members of his/her household in using this Website are true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.


Cancellation Policy

Please read our cancellation policy carefully. If you have any further questions our support team will be happy to assist you at 022 65356667.

How to cancel your booking(s)
Please login on the Website where you will see details of your booking and proceed as per instructions. You may be required to directly contact the Hotel / Host to get your reservation cancelled.

Policy for cancellation of booking(s)
The cancellation charges according to the number of days before check-in date are as follows:

Number of days before check-in

Cancellation fee

More than 30 days

10% Deduction

30-16 days

50% Deduction

7-15 days

75% Deduction

Less than 7 days or no show

No Refund

On receiving the request for refund, the refund shall be processed within 30 days from the date of receipt.

Policy for modification of booking(s)

  • Modified bookings cannot be cancelled.
  • The period of stay can be extended.
  • The period of stay can be reduced, but there will be no refund.
  • The number of rooms can be increased.
  • The number of people can be changed, but if reduced from original booking, no refund on the difference if any.
  • The booking cannot be transferred to another individual or company's name.

Please take note:

1) The above amendments are possible subject to:(a) availability on the new dates.(b) only one amendment is permitted with applicable charges @ Rs.500/-or 5% whichever is higher per booking.

2). All dates and timings refer to Indian Standard Time (IST).

In case you avail of the Website's service and are, thereafter, not contactable on the contact details provided in this regard, then the reservation selected by you will stand cancelled and SMARTSTAY would not be liable for any charges/expenses incurred by you, either directly or indirectly in this regard.

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