Terms of Use

Definitions

For the purposes of these Terms of Use, the following definitions apply:

• "Service" means the Bunks platform, including bunks.app, owner.bunks.app, itineraries.bunks.app, go.bunks.app, and any related applications, APIs, or services.
• "Credits" means the prepaid units purchased through the Bunks Wallet, where 1 Credit equals ₹1 INR (unless otherwise specified), used to pay for services such as check-ins and broadcasts.
• "Offline Aadhaar Verification" means the UIDAI-specified method of verifying identity using the QR code on a physical Aadhaar card or the XML file from mAadhaar app, through cryptographic signature validation against UIDAI's public key, without making API calls to UIDAI servers.
• "Data Principal" means the individual (guest) whose personal data is being processed, as defined under the Digital Personal Data Protection Act, 2023.
• "Data Fiduciary" means the entity that determines the purpose and means of processing personal data. For guest data, this is typically the property owner.
• "Data Processor" means the entity that processes personal data on behalf of a Data Fiduciary. Bunks acts as a Data Processor for guest-related data.

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Bunks ("we," "us," or "our"), concerning your access to and use of the bunks.app website as well as any related applications (the "Service"), including:

• owner.bunks.app
• itineraries.bunks.app
• go.bunks.app

Aadhaar is not mandatory to use the Service unless required by applicable law. Guests may choose alternative identity documents for verification purposes.

2. Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

3. User Representations

By using the Service, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms of Use.
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service.
• You will not access the Service through automated or non-human means, whether through a bot, script or otherwise.
• You will not use the Service for any illegal or unauthorized purpose.
• Your use of the Service will not violate any applicable law or regulation.

4. Communications & Notifications

By using the Service and providing your contact information (including phone number and email address), you expressly consent to receive communications from Bunks through various channels. You understand and agree that:

• RCS (Rich Communication Services) is our primary communication channel. We use RCS to provide you with rich, interactive messaging including booking confirmations, check-in reminders, and important service updates.
• SMS will be used for OTP verification, critical alerts, and as a fallback when RCS is unavailable on your device.
• Email will be used for booking confirmations, receipts, account-related communications, and promotional offers.
• Other Channels including push notifications, WhatsApp, and other messaging platforms may be used to provide you with relevant updates and information.

By checking the notification consent box during registration, you authorize Bunks to contact you through any of the aforementioned channels. You may opt out of promotional messages at any time, but transactional messages essential to your bookings and account security cannot be disabled.

5. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. As a user of the Service, you agree not to:

• Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Service.
• Use any information obtained from the Service in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the Service.
• Use the Service to transmit content related to alcohol, gambling, betting, trading, adult content, or any illegal activity prohibited by Indian law or telecom regulations.
• Send unsolicited messages (mobile spam) to individuals who have not provided their consent.

6. Pricing & Billing

Bunks operates on a transparent pricing model. By using our paid services, you agree to the following billing terms:

• Value of Credits: The Bunks platform operates on a credit-based system where 1 Credit is equivalent to ₹1 INR (unless otherwise specified in a promotional offer). You purchase these credits by loading your wallet.
• Usage Charges: Services such as check-ins and broadcasts are charged by deducting credits from your wallet. The detailed pricing for each service (e.g., "Cost per Check-in") is listed on our pricing page and dashboard. These usage rates are subject to change with prior notice.
• Pricing & GST: All listed prices for wallet loads are exclusive of 18% GST. GST is calculated and added at the time of checkout. By loading the wallet, you agree to pay the total amount (Base + GST).
• Invoicing: Tax Invoices are issued immediately upon successful wallet load. These invoices are final. No further tax invoices will be issued at the time of credit consumption (check-ins/SMS). Our services are typically classified under SAC 998315 (Cloud Software/SaaS).
• Billing Cycle: Payment is collected upfront via wallet loading. Usage is deducted from your wallet balance in real-time.
• Refunds: Generally, fees paid for subscription plans or completed services are non-refundable. Specific exceptions are outlined in our Refund Policy.

7. Wallet & Platform Credits

The Bunks Wallet allows you to pre-purchase credits for seamless payment of services like check-ins and broadcasts.

• Wallet Loading: Credits purchased for your Bunks Wallet are for use within the platform and are non-transferable.
• Promotional Coupons & Credits: We may offer promotional credits via coupons (e.g., "Load ₹5000, get ₹200 extra"). These promotional credits:
  • Have no cash value and cannot be withdrawn or refunded.
  • Are non-transferable and may be subject to expiry dates.
  • Can be modified, withdrawn, or restricted to specific services (e.g., broadcasts only) at Bunks' sole discretion.
  • Are forfeited if your account is suspended or terminated.
• Usage Priority: When you incur charges, we reserve the right to determine the order in which purchased credits vs. promotional credits are consumed.
• Audit & Reversal: Bunks reserves the right to audit and reverse any wallet credits added manually or via promotional codes if found to be credited in error, through bug exploitation, or unauthorized means.
• Dormant Accounts: Credits in the Bunks Wallet must be used within 12 months of the load date. Any balance remaining in an account that has been inactive for more than 12 months may be forfeited at Bunks' sole discretion.

8. Message Costs & Charges

While some communication features may be included in your plan, others are chargeable:

• Broadcasts: sending promotional or custom broadcasts to guests is a chargeable service. Rates (e.g., ₹0.50 – ₹1.50 per message) vary by channel and destination and are deducted from your wallet balance.
• Channel Costs: Different channels (RCS, SMS, WhatsApp) carry different costs. You are responsible for all charges associated with the messages initiated from your account.
• Opt-Ins: You agree to only send promotional broadcasts to users who have opted in to receive them. Bunks is not liable for costs incurred due to messaging users who have opted out.
• Intermediary Safe Harbor: Bunks acts as a technology intermediary for message transmission and does not initiate, modify, or verify the legality of message content. Responsibility for message content, consent, and compliance rests solely with the user.

9. Service Level & Usage Limits

To ensure platform stability for all users, we enforce certain usage limits:

• Rate Limits: API usage and message sending are subject to rate limits. Exceeding these may result in temporary throttling.
• Message Retries: We may limit the number of automatic retry attempts for failed messages.
• Downtime: innovative features require maintenance. We aim for high availability but do not guarantee 100% uptime. Scheduled maintenance will be communicated in advance where possible.
• Data Quotas: Excessive storage or data transfer usage may be subject to additional fees or restrictions.

10. Data Retention & Account Security

• Wallet Records: We retain transaction history and wallet logs as required for accounting and dispute resolution.
• Account Security: You are responsible for safeguarding your account credentials. Bunks is not liable for wallet misuse resulting from unauthorized access to your account. Please report any suspected fraud immediately.

11. Regulatory Compliance (TRAI & DLT)

• TCCCPR Compliance: You acknowledge that Bunks strictly adheres to the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR). You agree to comply with all TRAI regulations regarding SMS and RCS broadcasting.
• DLT Registration: For sending bulk SMS or OTPs, DLT (Distributed Ledger Technology) registration is mandatory. Bunks reserves the right to force you to complete DLT registration before enabling messaging services.
• Content Templates: Bunks may block any DLT-approved template or sender ID that violates our policies or TRAI regulations. Using the service for spam, fraud, or unsolicited marketing (Service Implicit abuse) is strictly prohibited and will result in immediate account termination without refund.

12. KYC & Business Verification

• Verification Documents: Bunks reserves the right to request personal or business government-issued identification (e.g., PAN Card, Incorporation Certificate) to verify your identity and protect against fraud.
• Failure to Verify: If you are unable or unwilling to provide the requested documents, Bunks reserves the right to suspend or block your account permanently without refund.
• Data Sharing: In cases of suspected fraud, scam, or illegal activity, Bunks reserves the right to share your verification documents and usage logs with relevant government or law enforcement agencies.
• Verification Disclaimer: Verification performed through the Service does not constitute government approval, clearance, or acceptance unless explicitly stated by a competent authority.

12A. Aadhaar & Identity Verification Disclaimer

• Bunks is not an Aadhaar User Agency (AUA) or KYC User Agency (KUA) as defined by UIDAI.
• Bunks does not perform Aadhaar authentication or e-KYC.
• Any Aadhaar-related verification offered through the Service is limited to UIDAI-specified Offline Aadhaar Verification, including QR code or XML-based cryptographic signature validation, performed locally with the user's explicit consent.
• Bunks does not access UIDAI servers, does not store Aadhaar numbers, biometric data, or authentication logs, and does not claim UIDAI approval or certification.

13. Data Protection (DPDP Act 2023)

In compliance with the Digital Personal Data Protection Act, 2023:

• Roles: For guest-related personal data processed through the Service, you act as the Data Fiduciary and Bunks acts as a Data Processor. For personal data collected directly by Bunks for platform access, billing, compliance, or account management, Bunks acts as the Data Fiduciary.
• Consent Warranty: You warrant that you have obtained all necessary, verifiable consents from your guests (Data Principals) to collect and process their personal data (including Aadhaar or identity documents) via the Bunks platform.
• Aadhaar Consent Warranty: You warrant that Aadhaar or identity data, where used, is collected solely for lawful identity verification purposes, with clear notice, explicit consent, and without coercion or denial of service where prohibited by law.
• Indemnity: You agree to indemnify Bunks against any penalties or claims arising from your failure to obtain valid consent from Data Principals.

14. Disclaimer

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

15. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR ₹5,000 INR.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Service; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Service with whom you connected via the Service.

17. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

19. Force Majeure

Bunks shall not be liable for any failure to perform its obligations where such failure results from any cause beyond Bunks' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, acts of God, pandemics, strikes, or governmental action.

20. Governing Law & Dispute Resolution

These Terms shall be governed by and defined following the laws of India. Bunks and yourself irrevocably consent that the courts of Mohali, Punjab, India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms. You hereby waive any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms of Use.

21. Contact Us

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: