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Terms of Use

Last updated 07/7/2020 
 
 
AGREEMENT TO TERMS
 

The following Terms of Use (these “Terms of Use”), govern your access to and use of the StayIn website (http://letstay.in), mobile application and/or services offered by StayIn Inc. and its affiliates (collectively, the Site”) StayIn Inc. and its affiliates are collectively referred herein as “StayIn we” or “us”.

Please read these Terms of Use carefully before you access or use the Site. By accessing or using the Site, registering for an account or clicking the “I accept” or “I agree” to the Terms of Use when they appear, you accept and agree to be bound by and abide to these Terms of Use and our Privacy Policy, found  here, incorporated herein by reference. If you do not agree to the Terms of Use or the Privacy Policy, you must not access or use the Site. 

The Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available if you have any questions regarding the Site or Terms of Use. Contacting our Customer Support team can be performed by submitting a requesthere.

The original language of these Terms of Use, as well as all other texts throughout the Site, is English. 

Key Terms

Participant is a user who purchases a Ticket(s) on the Site.

Balanceis the aggregated amount of Revenue relevant to a Host and/or refunded payments relevant to a Participant.

Eventis a live streamed event or content listed on the Site and streamed through the Site or through the Streaming Providers.

Ticket Requestis a request made by a Participant to receive a Ticket.

Event Pageis where a Host can describe the Host’s Event. 

Ticketis the right to receive access to and participate in an Event.

Payment Services Provider(s) are service providers that provide payment services to Participants and Hosts in connection with the Site, including with respect to collection of funds from Participants in connection with Ticket purchases, payments of Revenue to Hosts, refunds of payments to Participants, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with a Balance.

Revenueis the money that Hosts earn from purchased Tickets, calculated after deducting StayIn’s fees and charges (currently 20%).

Hostis a user who lists an Event(s) on the Site.

Streaming Provider(s)are service providers that provide live streaming services of Events .

Summary 

  • Only users that have listed an Event on the Site may sell Tickets and only users that have registered and created an account on the Site may buy Tickets.
  • Tickets can be purchased as individual Tickets, multiple Tickets bundles, or multiple Tickets through renewing subscriptions. 
  • Tickets are purchased through the Ticket Request button found on the Site.
  • For fees and payments please read the Purchasing Section.  
  • Hosts must perform the Events listed by them and for which one or more Tickets were purchased and may not cancel any such Events without cause. 
  • Users may not list Events, accept payment or pay for Tickets using any method other than through the Site.
  • Tickets are for personal use only and not for commercial use. 
  • We care about your privacy. You can read our Privacy Policyhere. The Privacy Policy is a part of these Terms of Use and incorporated herein by reference.

HOSTS

General

  • Hosts offer Events on the Site and allow Participants to purchase Tickets.
  • Following registration and opening an account and profile on the Site Hosts can offer one or multiple Events.
  • For marketing purposes, StayIn can distribute free Tickets for an Event in a number not more than 25% of the number of Tickets sold for such Event. Hosts shall not be entitled to Revenue with respect to such Tickets.
  • Further, for marketing purposes, StayIn can allow Hosts to distribute free Tickets for an Event the Host has listed in a number not more than 25% of the number of Tickets sold for such Event. 
  • Hosts are entitled to Revenue after an Event is completed. 
  • Hosts may promote Events via any platform provided that the Event is listed on the Site and any promotion includes a link to the Site.
  • Revenues are paid to Hosts within five (5) business days of the end of every fourteen (14) day calendar day period.
  • For security concerns, we may temporarily hold back payment of Revenue to a Host to prevent fraudulent or illicit activity. This may come as a result of security issues, or improper behavior reported by Participants. 
  • Hosts are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Hosts represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. 
  • StayIn partners with Payment Services Providers for purposes of collecting payments from Participants, transferring Revenue to Hosts, and holding funds in connection with Balances. All such payment services are performed by Stayin’s Payment Services Providers.
  • Host hereby appoints StayIn as Host’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider) from Participant, and remitting payments to Host. Host agrees that payment from Participant to StayIn shall be considered the same as payment made directly to Host. Participant’s payment obligation to Host will be satisfied upon receipt of payment by StayIn (via its Payment Services Provider), and StayIn (via its Payment Services Provider) is responsible for remitting the funds to the Host in the manner described in these Terms of Use. In the event that StayIn (via Payment Services Provider) does not remit any such amounts to Host, the Host will have recourse only against StayIn and not the Participant directly. Host agrees that StayIn may describe or otherwise reflect the terms contained herein in any Terms of Use, receipts, disclosures, or notices including, but not limited to, receipts provided to Participants that StayIn may deem necessary or prudent.
  • Hosts are responsible and liable for all risks associated with the performance of Events.

Events

  • Hosts are allowed to list multiple Events. 
  • Events offered through the Site are streamed through StayIn’s Streaming Service Providers.
  • Events offered through the Site are User Generated Content. 
  • Events may be removed by StayIn from the Site for violations of these Terms of Use, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or fraudulent services
    • Copyright infringement, trademark infringement and/or violation of a third party's Terms of Use 
    • Adult oriented services, pornographic, inappropriate/obscene content
    • Spam, violent or deceptive Events
    • Any other activity prohibited by law, regulation, and/or third parties' terms of use, as well as any marketing activity that negatively affects our relationships with our users or partners.
  • Events that are removed for violations mentioned above, may result in the suspension of the Host’s account.
  • Events that are removed for violations are not eligible to be restored or edited.
  • Statements on the Event Page that undermine or circumvent these Terms of Use are prohibited.

Payment of Revenue

  • To be paid Revenue, a Host must have an account with at least one of StayIn’s Payment Service Providers. All funds eligible for payment will be held on Host’s behalf at an account with StayIn’s Payment Services Provider until paid to Host. 
  • A Host’s Payment Service Provider account can be associated with only one StayIn profile.
  • Revenues are only available for payment following the performance of the relevant Event. 
  • Payments of Revenue will only be made in the amount to which the Host is entitled.
  • Payment fees vary depending on the payment method. 
  • Payments are final and cannot be undone. We will not be able to reverse this process once it has begun.
  • In certain cases, Hosts may request payment of Revenue in several different currencies. All currency exchange services in connection with such payments are performed by StayIn’s Payment Services Providers. Host’s Balance is always derived from its US$ value and, therefore, the local currency amount of Host’s Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees. Hosts always have the option to be paid Revenues in US$. 

PARTICIPANTS

Purchasing

  • Participants can purchase individual Tickets, multiple Ticket bundles or multiple Tickets through recurring subscriptions. The recurring subscription may allow the Participant to a discount on Ticket prices of the Event(s) occurring during the subscription renewal period as stated on the Site.
  • Subscriptions renew automatically unless a Participant notifies StayIn of his or her desire to cancel the subscription prior to the date of renewal. Subscriptions cancelled during the subscription period will entitle Participants to a refund for future Events but Events prior to the cancellation will be charged at full list prices without any discount previously applied. 
  • Participants may not offer direct payments to Hosts using payment systems outside of the Site.
  • Participants order and pay through the Site, using the Ticket Request button. We partner with Payment Services Providers for purposes of collecting payments from Participants, transferring Revenue to Hosts, and holding funds in connection with Balances. All payment services in connection with the collection of funds on the Site are performed by StayIn’s Payment Services Providers.
  • We serve as Host’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider) from Participant and remitting such payments to Host. Participant’s payment obligation to Host will be satisfied upon receipt of payment by StayIn (via its Payment Services Provider), and StayIn (via its Payment Services Provider) is responsible for remitting the funds to the Host in the manner described in these Terms of Use. In the event that StayIn (via its Payment Services Provider) does not remit any such amounts to Host, the Host will have recourse only against StayIn and not the Participant directly.
  • Purchases on the Site can be made by using any of the available payment methods as stated on the Site. 
  • The Participant may not offer Hosts to pay, or make payment using any method other than through the Site. In case the Participant has been asked to use an alternative payment method, the Participant is asked to please report it immediately to Customer Support.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information is collected by either StayIn or its Payment Services Providers. Payment Services Providers may also collect such other information as necessary for purposes of processing payments of Revenue. We are not exposed to the payment information provided to the Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see ourPrivacy Policy for more information .
  • By using any payment method and/or providing payment details for making purchases, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on the Site; and (d) such actions do not violate any applicable law.
  • If an Event is cancelled (for any reason), funds paid will be refunded to the Participant’s Balance or the Participant will be offered a Ticket to the next Event of the Host.

Local Currencies

  • Participants may make payment on the Site in different currencies. Unless stated otherwise, Participants will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by StayIn’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, Participants will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to the Participant before the Participant completes the payment.
  • Participants should note that all prices on the Site are always derived from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Participants always have the option to pay in US$ by changing their selected displayed currency.
  • If the Participant has made payment in a currency other than US$ and becomes entitled to a refund, the amount returned to the Participant’s Balance will be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
  • The Participant’s Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should the Participant choose to view the Participant’s Balance in any currency other than US$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US$ value. Users always have the option to view their Balance in US$ by changing their selected displayed currency.

Taxes

  • Participants may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law. Any taxes will always be displayed to the Participant before payment.
  • Participants agree that they are responsible to comply with all tax requirements applicable to them. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

TICKET REQUESTS AND EVENTS COMPLETED

General

  • Once payment is confirmed, the Participant will receive a confirmation email(s). Details as to the Event(s) (time, link and log-in details) will be sent to the Participant prior to the Event.
  • We encourage our Participants and Hosts to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact StayIn’s Customer Support department for assistance .

Reviews

  • Feedback reviews provided by Participants are an essential part of the Site. Reviews demonstrate the Participants’ overall experience with the Hosts and their Events. Participants are encouraged to communicate to Hosts any concerns experienced with regards to Events.
  • Leaving Participant feedback is a basic prerogative of the Participants. Feedback reviews will not be removed unless there are clear violations of our Terms of Use.
  • Feedback comments given by Participants are publicly displayed on an Event Page and may be used by StayIn outside the Site for marketing purposes.
  • Hosts may not solicit the removal of feedback reviews from Participants.

Disputes and Cancellations

We encourage our Participants and Hosts to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact StayIn’s Customer Support department for assistance .

General

  • Individual Tickets are not subject to cancellation by Participants and any purchase price is returnable (to Participant’s Balance) if the Event was cancelled and/or otherwise not performed. Alternatively, Participants can choose to receive a Ticket to another Event offered by the same Host if an Event is cancelled and/or otherwise not performed.
  • Recurring subscriptions are cancellable if notified prior to the date of renewal.
  • Filing a transaction dispute or reversing a payment through Participant’s payment provider or Participant’s bank is a violation of these Terms of Use. Doing so may get Participant’s account temporarily or permanently disabled. Note: once the Participant has filed a dispute with the Participant’s payment provider, the funds will be ineligible for a refund due to StayIn’s obligations towards its Payment Services Provider(s).
  • Tickets are not subject to cancellation based on the quality of the Event performed by the Host, as long as the Event was performed as described in the Event Page. Participants may rate their experience with the Host on the Event Page.
  • StayIn, through its Payment Services Providers, reserves the right to cancel Tickets, Events or place funds on hold for any suspected fraudulent transactions made on the Site.

User Conduct and Protection

General

  • To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, social media handles, personal websites, telephone numbers or any other personal contact details to communicate outside of the Site in order to circumvent or abuse the Site is not permitted.
  • Participants may be approached by StayIn with an offer to participate in Events of any Host. Hosts do not have any rights with respect to Participants that purchased Tickets to their Events.
  • Photographs may be taken of Events and videos may be filmed. This media may then be used to promote other Events and for other direct marketing purposes. Participation in an Event confirms acceptance by the Participant of being photographed and/or filmed and the use of such material as mentioned above.
  • StayIn does not provide any guarantee of the level of service offered by Hosts. 
  • StayIn is not responsible for and does not provide protection for users who interact outside of the Site.
  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of a user’s account.
  • The Site is open to everyone. Discrimination against another use or a third party based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of a user’s account.
  • Users may not submit proposals or solicit parties introduced through StayIn to contract, engage with, or pay outside of StayIn.
  • There is no warranty, express or implied, with the purchase of a Ticket, including with respect to fitness for a particular purpose. Neither the Host nor StayIn will be liable for any claims, or incidental, consequential or other damages arising out of the purchase of a Ticket or the content of an Event.

Events

  • Users may report Events to StayIn’s Customer Support department that may be in violation of these Terms of Use.
  • Hosts warrant that any content on their Event Page and included in their Events, including photographs, music and videos, shall be original work conceived by the Host and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Events, Hosts represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Events.
  • StayIn will respond to clear and complete notices of alleged copyright or trademark infringement. 

Reporting Violations

If a user comes across any content that may violate these Terms of Use, the user is asked to report it to StayIn through the appropriate channels created to handle these issues as outlined in our Terms of Use. All cases are reviewed by our team. To protect individual privacy, the results of the investigation are not shared. Users can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of these Terms of Use or any user misconduct reported to our team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity but can lead to the user’s account permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services and Pornography - StayIn does not allow any display of adult oriented or pornographic materials and services.

Inappropriate Behavior and Language - Communication on StayIn should be friendly, constructive, and professional. StayIn condemns bullying, harassment, and hate speech towards others. 

Phishing and Spam – Users’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another user’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to Events or Tickets.

Privacy and Identity – Users may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Event Page. Hosts further confirm that whatever information they receive from the Participant, which is not public domain, shall not be used for any purpose whatsoever other than for communications regarding an Event or a Ticket. Any users who engage and communicate off of StayIn will not be protected by our Terms of Use.

Authentic StayIn Profile - Users may not create a false identity on the Site, misrepresent a user’s identity, create a StayIn profile for anyone other than the user (a real person), or use or attempt to use another user’s account or information; The profile information of a user, including the user’s description, skills, location, etc., will be kept anonymous, but must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. We reserve the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims - We will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s Terms of Use. 

Fraud / Unlawful Use – No user may use the Site for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the StayIn community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of the Terms of Use may result in permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – Users may not buy or sell StayIn accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by StayIn and protected by copyright and trademark law. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that a user provides StayIn with any comments, suggestions or other feedback regarding the Site, including any reviews (collective, the “Feedback”), the user will be deemed to have granted StayIn an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. StayIn is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Hosts should recognize that Participants may disclose to them certain confidential information in connection with the performance of an Event and/or sale of a Ticket. Hosts undertake to protect such confidential information from unauthorized use and disclosure. Therefore, Hosts agree to treat any information received from Participants as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Hosts specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except the performance of an Event and/or sale of a Ticket; and (vi) not to copy or reproduce any of the information without the Participant’s permission.

General Terms

  • We reserve the right to put any account on hold or permanently disable accounts due to any breach of these Terms of Use or due to any illegal or inappropriate use of the Site or services.
  • Violation of these Terms of Use may result in a user’s account being disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on the Site.
  • Users who have violated our Terms of Use and have had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • We may make changes to these Terms of Use from time to time. When these changes are made, StayIn will make a new copy of the Terms of Use available on this page.
  • Users understand and agree that if they use StayIn after the date on which the Terms of Use have changed, StayIn will treat such use as acceptance of the updated Terms of Use.

User Generated Content

User Generated Content refers to the content offered by users as opposed to content created by the Site. All content uploaded to the Site by our users (Participants and Hosts) as well as the content of the Events is User Generated Content. StayIn does not check User Generated Content for appropriateness, violations of copyright, trademarks, or other rights or violations of any contractual, statutory or caselaw law, rule or regulation. We invite everyone to report violations together with proof of ownership as appropriate. Any inappropriate or violating content will be removed or disabled.

In addition, StayIn is not responsible for the content, quality or the level of service provided by the Hosts as part of the Events. We provide no warranty with respect to the Events, their delivery or communications between Participants and Hosts

By offering an Event, the Host undertakes that the Host has all permissions, rights and/or licenses to perform the Event and sell Tickets. Failing to have the same may result in removal of the Event from the Site and may lead to the suspension of the Host's account.

Note that in appropriate circumstances StayIn will disable and/or terminate the accounts of users who are infringers.

Non-Commercial License

Tickets are for personal use only. No commercial right or license is being granted in connection with the sale of Tickets and Tickets may not be used for advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory use. 

Disclaimer of Warranties

YOUR USE OF THE SITE, TICKETS, EVENT CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, TICKETS, EVENT CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER STAYIN NOR ANY PERSON ASSOCIATED WITH STAYIN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, TICKETS, EVENT Content AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL STAYIN, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, TICKETS, EVENT CONTENT OR SERVICES OR OTHER ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

OTHER THAN SERVING AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF HOST, STAYIN AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF HOSTS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

These Terms of Use will be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction. Any dispute arising from these Terms of Use (including non-contractual disputes or claims) will be resolved exclusively in the courts of Wilmington Delaware.

CONTACT US

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

stayin@letstay.in

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