Please read these Terms carefully. By accessing or using the Platform or the Services, You agree that You have read, understood, and agree to be bound by these Terms, including the binding arbitration agreement below. If You do not agree, please do not use the Platform.

TERMS OF USE

Last Updated: 2 June 2025

These Terms of Use, together with any documents, policies, and additional terms that expressly incorporate them by reference, including the Privacy Policy (available here), Cancellation Policy (available here) (as may be amended from time to time, the "Terms"), govern Your access to and use of all products, websites, its subdomains, mobile and web applications, content, features, functionality, and services (collectively, the "Services") made available exclusively or non-exclusively on or through [staynearn.com] and any other website, mobile application, or web application operated by Us (collectively, the "Platform").

These Terms apply to all Persons who engage with the Platform, including, but not limited to, Guests who browse, search for, and Book Hotels (collectively referred to as "Users" or "You").

Additional terms may apply to specific Services, programmes, or features made available through the Platform, including, but not limited to, loyalty rewards or promotional offers. Where such terms apply, they will be provided separately and shall supplement these Terms. In the event of any inconsistency between these Terms and any additional terms, these Terms shall prevail unless expressly stated otherwise in the additional terms.

These Terms constitute a legally binding agreement between You and Stay and Gain Portal Co. L.L.C, a limited liability company incorporated under the Applicable Laws of the Government of Dubai (referred to as "StaynEarn," "We," "Us," or "Our"), and govern all access to and use of the Platform by You.

Your use of the Platform is subject to the version of the Terms in effect at the time of access. We reserve the right to modify or update these Terms at any time without prior notice. Any such modifications will be posted on the Platform, and the revised Terms will become effective upon publication unless otherwise specified. It is Your sole responsibility to periodically review the Terms to stay informed of any updates. We may, where feasible, provide notice of material changes to the Terms, such as through Platform notifications, emails to Your registered or preferred address, or other reasonable methods. In any event, You will be required to accept any updated Terms upon Your next log-in before continuing to access or use the Services.

If You do not agree to any changes to the Terms, Your sole and exclusive remedy is to discontinue the use of the Services. As Our Services continue to evolve, We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice and without liability to You.

1. GENERAL

1. Definitions

  1. "Affiliate" means, in relation to any Person, any other Person that:
    1. is directly or indirectly controlled by, or under common control with, such first-mentioned Person;
    2. directly or indirectly controls such first-mentioned Person; or
    3. is a third party with whom StaynEarn has entered into a formal affiliate relationship.
    For the purposes of this definition, "control" means the direct or indirect ability to direct or influence the management, policies, or affairs of a Person, whether through ownership of voting securities, by contract, or otherwise, and the term "controlling" shall be interpreted accordingly.
  2. “API” means a set of defined protocols, routines, and tools for building software and applications, which allows one software program to communicate or interact with another.
  3. "Applicable Law" means any statute, law, regulation, rule, ordinance, code, directive, decree, judgement, order, policy, guideline, or other legal requirement issued by any governmental, regulatory, judicial, or statutory authority, including any amendments, re-enactments, or replacements thereof, that are applicable to the subject matter of these Terms.
  4. "Booking Fee" means the total amount payable by a Guest to confirm a Booking on the Platform, which may be paid in Fiat and includes, without limitation: (i) the base price for the Hotel stay as set by the Hotel; (ii) any applicable Service Fees and (iii) any additional charges, such as Taxes, surcharges, or Hotel-specific costs (e.g., cleaning fees, municipality fees, or security deposits), if disclosed prior to Booking.
  5. "Booking Services" shall have the meaning assigned to such term in Clause 2.1.
  6. "Booking" (or, where the context requires, "Book" or "Booked") means the process initiated by a Guest to reserve a Hotel through the Platform, including the submission of a booking request and, where applicable, its acceptance or confirmation by the relevant Hotel through Third-Party Service Providers, resulting in a binding reservation.
  7. "Business Day" shall mean any other than a Sunday or a day on which scheduled commercial banks in the United Arab Emirates are authorised or required by the Applicable Law to be closed.
  8. "Cancellation Policy" refers to the Platform's cancellation policy made available at [Cancellation policy].
  9. "Clause" shall have the meaning assigned to such term in Clause 1.2.
  10. "Dispute" shall have the meaning assigned to such term in Clause 15.1.
  11. "Fiat" means any government-issued currency that is recognised as legal tender in its country of issuance, the value of which is not based on physical commodities but rather on the creditworthiness and authority of the issuing government or central bank. Fiat currencies are used as the standard medium of exchange for transactions and are distinct from virtual assets, cryptocurrencies, or digital tokens.
  12. "Force Majeure Event" shall have the meaning assigned to such term in Clause 17.8.
  13. "Group Entities" means any company, corporation, partnership, joint venture, or other legal entity that is directly or indirectly controlled by or under the common control of StaynEarn.
  14. "Guest" means any Person who accesses the Platform to search for, browse, or Book Hotels listed on the Platform and includes any Person on whose behalf such Bookings are made.
  15. "Hotels" means any licensed accommodation establishment, including but not limited to hotels or similar properties, that is made available to the Guests by Third-Party Service Providers.
  16. "Intellectual Property Rights" means:
    1. all intellectual and industrial property rights of any kind, whether registered or unregistered, including but not limited to copyrights, database rights, moral rights, patents, rights in inventions, trade secrets, know-how, rights in designs, trademarks, service marks, trade names, business names, domain names, and rights in computer software and source code;
    2. all rights to apply for, renew, or extend any of the rights listed in paragraph (i), and all similar or equivalent rights or forms of protection which now or in the future may subsist in any part of the world;
    3. all rights under licences, consents, or permissions in relation to any of the foregoing; and
    4. the right to bring, make, oppose, defend, appeal, or settle claims for past, existing, or future infringement, misuse, or misappropriation of any of the foregoing rights.
  17. "Occupants" shall have the meaning assigned to such term in Clause 9.1.
  18. "Our" shall have the meaning assigned to the term in the introduction of these Terms of Use.
  19. "Payment Methods" shall have the meaning assigned to such term in Clause 10.1.
  20. "Payment Service Provider" means any Third-Party Service Provider engaged by StaynEarn to facilitate, process, collect, or disburse payments in connection with Bookings on the Platform, including but not limited to handling Booking Fees, Payouts, refunds, chargebacks, or currency conversions, through authorised Fiat-based Payment Methods.
  21. "Payment Services" shall have the meaning assigned to such term in Clause 10.1.
  22. "Person" means any natural person or legal entity, including but not limited to individuals, partnerships, corporations, limited liability companies, joint ventures, associations, trusts, unincorporated organisations, and governmental authorities.
  23. “Personal Data”, as defined in the Privacy Policy, means any information, whether true or not, that can identify an individual:
    1. on its own; or
    2. when combined with other information to which StaynEarn has or is likely to have access.
  24. "Platform" shall have the meaning assigned to such term in the introduction of these Terms of Use, and includes all functionality enabling Guests to discover and Book Hotels.
  25. “Privacy Policy” refers to the StaynEarn's privacy policy, available at [https://staynearn.com/privacy-policy.html].
  26. "Service Fee" means the fee that may be charged by StaynEarn to Guests, for the provision of specific services in connection with a Booking or use of the Platform.
  27. "Service" shall have the meaning assigned to such term in the introduction of these Terms of Use.
  28. "SIAC Rules" means the arbitration rules of SIAC, as amended and in force at the time a dispute is submitted for arbitration, which govern the procedure and administration of arbitration proceedings conducted under Clause 15.
  29. "SIAC" shall have the meaning assigned to such term in Clause 15.3.
  30. "StaynEarn" shall have the meaning assigned to the term in the introduction of these Terms of Use.
  31. "Taxes" shall have the meaning assigned to such term in Clause 11.1.
  32. "Terms" shall have the meaning assigned to the term in the introduction of these Terms of Use.
  33. "Third-Party Service Providers" means independent service providers engaged by StaynEarn to support the operation, functionality, or delivery of the Platform or specific features thereof. These may include, without limitation, identity verification providers, customer support services, Hotel providers, data storage providers, and Payment Service Providers responsible for processing, collecting, or disbursing payments. Users may be required to engage or interact with such Third-Party Service Providers directly, and such interactions shall be governed by the respective terms and conditions of those providers unless expressly stated otherwise by StaynEarn.
  34. "Us" shall have the meaning assigned to such term in the introduction of these Terms of Use.
  35. "User" shall have the meaning assigned to the term in the introduction of these Terms of Use, and means any Person accessing or using the Platform who satisfies the eligibility criteria set out in Clause 4 of these Terms of Use.
  36. "We" shall have the meaning assigned to such term in the introduction of these Terms of Use.
  37. "You" refers to the User as defined in the introduction of these Terms of Use, and includes any Person who accesses or uses the Platform in any capacity.
  38. "Your" shall be interpreted accordingly as the possessive form of You.

2. Interpretations

In these Terms, unless repugnant to the context:

  1. Headings and defined terms are for convenience only and do not affect the interpretation of these Terms;
  2. The meaning of general words is not limited by specific examples introduced by "including," "for example," "such as," or similar expressions.
  3. Unless otherwise indicated, reference to a specified clause shall be construed as a reference to that specified clause ("Clause") of this Agreement;
  4. The singular includes the plural and vice versa.
  5. All terms and conditions of these Terms, including introductory paragraphs, recitals, schedules, and any attached documents, are contractual, binding, and incorporated by reference.
  6. A reference to a particular Person includes that Person's executors, administrators, successors, permitted assigns, and legal representatives.
  7. A reference to any date or time is determined in accordance with the relevant jurisdiction applicable to these Terms.
  8. Any period of time calculated from a specific date or event excludes the starting date unless expressly stated otherwise.

SECTION 2 - PLATFORM TERMS

2. SCOPE AND AGREEMENT TO TERMS

  1. StaynEarn provides Hotel Booking Services through its Platform by integrating with Third-Party Service Providers via APIs. These integrations allow Guests to browse, compare, and book Hotel accommodations directly through the Platform (the “Booking Services”). StaynEarn acts solely as an online intermediary and does not independently list or operate any Hotel accommodations. All Hotel information displayed on the Platform is made available by Third-Party Service Providers.
  2. StaynEarn does not own, manage, or control any Hotels listed on the Platform. All aspects of Hotel availability, pricing, booking confirmations, cancellation and modification policies are managed exclusively by the respective Third-Party Service Providers. While StaynEarn does not process payments directly, the Platform facilitates the initiation and transmission of payments between Guests and Third-Party Service Providers using integrated third-party payment solutions. All payments made through the Platform are subject to the terms and conditions of the relevant service providers.
  3. By accessing or using the Platform, You acknowledge and agree to be bound by these Terms. If You do not agree to these Terms, You must immediately cease using or accessing the Platform.

3. ADDITIONAL TERMS AND POLICIES

  1. Your use of the Platform may be subject to additional terms, policies, and guidelines, which may be published on the Platform from time to time. These additional terms, when applicable, shall govern Your use of specific Services and form part of Your agreement with Us. In case of any inconsistency between these Terms and any specific Service terms, the additional terms shall take precedence with respect to that specific Service.
  2. Certain Platform functionalities, including but not limited to identity verification and payment processing, may be provided through Third-Party Service Providers. You may be redirected to their platforms, and You agree to comply with their terms and conditions when accessing those services.

4. USER ELIGIBILITY

  1. To access or use the Platform, You must:
    1. be at least 18 years of age; and
    2. have the legal capacity to enter into binding contracts, including on behalf of a legal entity where applicable.
  2. If You do not meet the requirements set out in Clause 4.1 above, You are not permitted to access or use the Platform. You must not attempt to access or use the Platform if doing so would violate any Applicable Laws or these Terms.

5. ACCEPTABLE USE AND USER CONDUCT

  1. You agree to access and use the Platform only in compliance with these Terms and applicable Laws and in a manner that does not compromise the integrity, functionality, or reputation of the Platform. The following conduct is strictly prohibited:
    1. Unauthorised Commercial Behaviour and Circumvention:
      1. Attempting to bypass the Platform to Book accommodations directly with a Hotel for existing, and partial Bookings;
      2. Contacting Hotels outside the Platform for the purpose of redirecting, duplicating, or modifying a Booking without using the Platform before a Booking is confirmed;
      3. Cancelling confirmed Bookings on the Platform to re-Book the same transaction through off-Platform means;
      4. Transmitting any abusive, harassing, threatening, indecent, hateful, discriminatory, obscene, illegal or otherwise objectionable messages, media or content; and
      5. Initiating or attempting to initiate communication with Hotels outside the Platform prior to confirming a Booking, unless expressly authorised by StaynEarn in writing;
    2. Technical Abuse and Platform Misuse:
      1. Harvesting, scraping, copying or collecting data from the Platform, whether manually or using automated tools (such as bots, crawlers, spiders, or scrapers) without Our express written consent;
      2. Reverse-engineering, decompiling, or otherwise attempting to access or derive the source code of the Platform or any software supporting it;
      3. Introducing viruses, malware, trojans, logic bombs, or any other code that is malicious or harmful to the Platform or its Users;
      4. Attempting to gain unauthorised access to any part of the Platform, its servers, databases, or related systems;
      5. Sublicensing, distributing, selling, leasing, or otherwise exploiting access to the Platform or any part of it without Our express prior written consent;
      6. Using any manual process to monitor, copy, or replicate the content available on the Platform without Our express prior written consent; and
      7. Engaging in any action that disables, disrupts, or otherwise impairs the normal functioning of the Platform or restricts another User’s access or use.
    3. General Prohibited Conduct:
      1. Violating any provision of these Terms or any other policy, guideline, or rule published by StaynEarn from time to time.
  2. If You become aware of any violation of this Clause 5, including conduct that is unlawful or contrary to these Terms, You must promptly report such conduct to Us in accordance with Clause 17.11. In the event of such a breach, We may at our sole discretion take necessary action available to Us under these Terms or Applicable Laws.

6. USER REPRESENTATIONS AND WARRANTIES

  1. By accessing or using the Platform or Services, You represent, warrant, and undertake that:
    1. You meet all eligibility criteria set out in Clause 4.
    2. Your access to and use of the Platform is lawful in Your jurisdiction and does not contravene any Applicable Laws, sanctions regimes, regulatory restrictions, or court orders.
    3. You shall not use the Platform for any unlawful, fraudulent, abusive, or deceptive purpose. You will not engage in any activity that could impair the integrity, security, or functionality of the Platform, including but not limited to impersonation, submission of false or misleading information, manipulation of reviews or ratings, or interference with Booking data.
    4. All information You provide to StaynEarn, whether for identity verification, Booking purposes, or otherwise, is and shall remain true, accurate, current, and complete.
    5. You agree to cooperate with any reasonable verification or compliance-related requests made by any Third-Party Service Provider, including providing documents or data for know-your-customer, or other due diligence procedures required under Applicable Law or operational policy.
    6. You acknowledge that all Bookings, payments, and Hotel-related services are managed by Third-Party Service Providers. You shall not interfere with or attempt to circumvent the systems or processes operated by these providers, nor shall You assert claims against StaynEarn for matters falling within the Third-Party Service Providers' scope of responsibility.
    7. You shall not misuse any Platform feature, including but not limited to promotions, discounts, or referral systems, by engaging in dishonest conduct, such as creating multiple accounts or submitting false claims.

SECTION 2 – GUEST TERMS

7. BOOKING

  1. The Platform enables You to submit Booking requests for accommodation services offered by Hotels made available through Third-Party Service Providers. StaynEarn does not own, operate, or manage any Hotel, nor does it directly provide accommodation services. The Platform functions solely as an aggregator through which Booking requests are transmitted to the relevant Third-Party Service Provider.
  2. StaynEarn is not a travel agent, Hotel operator, or accommodation provider. It does not collect or process payments or issue Booking confirmations independently. All such services, including but not limited to Booking confirmation and payment processing, are performed directly by the applicable Third-Party Service Provider. StaynEarn assumes no responsibility or liability for the actions, omissions, or service delivery of any such provider.
  3. Account Creation (Optional)
    1. Guests may choose to create an account on the Platform using a valid email address and password.
    2. Account creation is optional and not a condition for making a Booking. However:
      1. Bookings made while logged into an account will be linked to that account.
      2. Account holders may access and manage their Booking(s), including cancellation, directly via the Platform, subject to the Cancellation Policy.
  4. All Guests, regardless of whether they create an account, will receive a Booking confirmation via email. The confirmation will include relevant reservation details along with instructions for modification or cancellation. Guests who do not create an account may request changes or cancellations by contacting StaynEarn’s customer support at [email protected], subject to the Cancellation Policy.
  5. To complete a Booking on the Platform, Guests must submit the required details through the booking interface, which may include a booking form or any other method prescribed by the relevant Hotel or its designated Third-Party Service Provider. The information requested may include, without limitation, guest names, contact details, identification information, special requests, and stay preferences. StaynEarn does not collect or process this information for its own use. It merely facilitates the secure transmission of the information to the applicable Third-Party Service Provider solely for the purpose of completing and managing the Booking. The Third-Party Service Provider remains solely responsible for handling the information in accordance with its own terms and applicable data protection laws. Once the required Booking information is submitted, the Guest shall be prompted to proceed with payment in accordance with the terms outlined in Clause 10.5 of these Terms.
  6. By submitting a Booking request via the Platform, You consent to the transmission of relevant details to the applicable Third-Party Service Provider. A binding contract is formed directly between You and the Hotel upon confirmation.
  7. Any Personal Data submitted during the creation of the user account or Booking shall be subject to the Privacy Policy. You agree and confirm that any data provided is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which breach may be determined by Us in Our sole discretion.
  8. You consent to the collection, sharing, transfer, use, and disclosure of Your Personal Data (including disclosure to other Users, Third-Party Service Providers, credit reference, fraud prevention or financial crime agencies, in accordance with the terms and conditions as applied by such Third-Party Service Providers, where applicable). All processing of Your Personal Data will be conducted in compliance with applicable privacy laws and regulations as detailed in our Privacy Policy.
  9. You may be required to pay a Booking Fee to confirm the Booking, subject to the Hotel’s terms and policies, communicated to You prior to the confirmation of the Booking. Portions or all of this Booking Fee may be non-refundable. You are strongly advised to review the applicable cancellation and refund policy before proceeding.
  10. All charges, including the Booking Fee, applicable Taxes, and any other amounts due, will be presented to You at the time of submission of the Booking request. You are responsible for reviewing and agreeing to these amounts before confirming the Booking. StaynEarn shall not be responsible for discrepancies that arise during payment processing.
  11. Each Hotel may have specific terms, conditions, and rules, including check-in/check-out timings, property conduct rules, and cancellation policies. You are solely responsible for understanding and complying with all such terms. Optional services or incidental expenses incurred during Your stay (such as meals, spa treatments, room service, or local taxes) are not included in the Booking Fee and must be settled directly with the Hotel.
  12. By confirming a Booking, You agree to be bound by both these Terms and the policies of the relevant Hotel. In case of any inconsistency between these Terms and the Hotel’s terms relating to the provision of accommodation, the Hotel’s terms shall take precedence for that portion of the arrangement.
  13. StaynEarn does not guarantee the availability, accuracy, or quality of any Hotel listed on the Platform. Descriptions, images, and other information relating to Hotels are provided by Third-Party Service Providers and are not independently verified or endorsed by StaynEarn.
  14. By submitting a Booking request, You acknowledge and agree that StaynEarn shall not be liable for any losses, damages, or claims (whether direct or indirect) arising out of or in connection with Your stay, Booking, or dealings with a Hotel or Third-Party Service Provider.
  15. Once a Booking is confirmed, modifications to the Booking, including changes to dates, duration, or number of Guests, may only be made in accordance with the Hotel’s terms and may incur additional charges, which may be communicated to You in the Booking confirmation email. Neither StaynEarn nor the Hotel is obligated to accommodate such requests.
  16. StaynEarn reserves the right to suspend, restrict, or revoke access to the Platform at any time, including where there is suspected fraud, abuse, or breach of these Terms.

8. BOOKING FEE PAYMENT, CANCELLATION, AND REFUNDS

  1. As a Guest, You may pay the Booking Fee using Fiat currency or any other Payment Method made available through the Platform from time to time. All payments must be made in accordance with these Terms, the applicable terms of the relevant Payment Service Provider, and any instructions provided on the Platform.
  2. Each Hotel sets and governs its own cancellation and refund policy, which will be communicated to You prior to the confirmation of the Booking. It is Your responsibility to review and understand these policies before completing Your Booking.
  3. Requests for cancellations or modifications must be made in accordance with the relevant Hotel’s cancellation policy. StaynEarn does not process refunds directly. Any refunds will be handled by the applicable Third-Party Service Provider in accordance with their policies.
  4. In the event of a cancellation that qualifies for a refund, the timing and method of the refund will be determined by the Third-Party Service Provider. StaynEarn is not responsible for any delays or discrepancies in the refund process.
  5. StaynEarn may, at its sole discretion, charge a Service Fee for processing cancellations or modifications, in addition to any fees imposed by the Hotel or Third-Party Service Provider. Any such Service Fee will be disclosed to You prior to confirming the cancellation or modification.
  6. You agree that StaynEarn is not responsible for any disputes related to Booking Fees, cancellations, refunds, or payment processing, as these matters are managed by Third-Party Service Providers. Your recourse for such disputes lies directly with the relevant Third-Party Service Provider or Hotel.

9. GUEST CONDUCT AND RESPONSIBILITIES

  1. You are responsible for ensuring that all persons accompanying You, including minors (collectively, "Occupants"), comply with these Terms and the rules and regulations of the Hotel during Your stay.
  2. You agree to treat Hotel staff, other guests, and properties with respect. Any destructive, abusive, unlawful, or otherwise inappropriate behaviour is strictly prohibited and may result in the termination of Your stay without refund.
  3. You are responsible for any damages caused to the Hotel property by You or Your Occupants during Your stay, and You agree to indemnify the Hotel and StaynEarn for any such damages.
  4. You must comply with all health, safety, and security policies of the Hotel and local authorities.

10. PAYMENT SERVICES

  1. StaynEarn may utilise Third-Party Service Providers to facilitate payment processing for Bookings made through the Platform ("Payment Methods" and "Payment Services"). These Payment Methods may include credit cards, debit cards, bank transfers, or other electronic payment systems as made available from time to time.
  2. StaynEarn does not directly process or hold Your funds. All payment transactions are conducted through the secure systems of the Payment Service Providers. By initiating a payment, You agree to be bound by the terms and conditions, and privacy policies of the applicable Payment Service Provider.
  3. You authorise the Payment Service Provider to charge the selected Payment Method for the full Booking Fee, including any applicable Taxes and Service Fees.
  4. You are solely responsible for ensuring that Your Payment Method is valid, has sufficient funds, and is properly authorised for the transaction. StaynEarn is not responsible for any charges or fees incurred due to insufficient funds, unauthorised transactions, or other issues related to Your Payment Method.
  5. In the event of a payment dispute or chargeback, You agree to cooperate with StaynEarn and the Payment Service Provider to resolve the issue promptly. StaynEarn reserves the right to suspend or terminate Your access to the Platform if payment disputes are not resolved satisfactorily.
  6. StaynEarn makes no representations or warranties regarding the Payment Services provided by Third-Party Service Providers, and shall not be liable for any errors, delays, or failures in payment processing.

11. TAXES

  1. The Booking Fee displayed on the Platform may or may not include all applicable taxes, levies, duties, or other governmental charges ("Taxes"). The exact amount of Taxes, if not included in the displayed price, will be clearly presented to You before You confirm Your Booking.
  2. You are solely responsible for paying all applicable Taxes in connection with Your Booking and use of the Platform. These Taxes may include, but are not limited to, value-added tax (VAT), goods and services tax (GST), occupancy taxes, tourism taxes, or other local or national taxes as required by Applicable Law.
  3. StaynEarn acts as an intermediary in displaying Hotel prices and facilitating Booking requests. It is the responsibility of the Third-Party Service Provider or Hotel to collect and remit any applicable Taxes to the relevant tax authorities. StaynEarn does not collect or remit Taxes on behalf of Hotels or Guests.
  4. In some jurisdictions, You may be required to pay certain Taxes directly to the Hotel upon check-in or check-out. These will be disclosed to You by the Hotel or Third-Party Service Provider.
  5. You agree to indemnify and hold StaynEarn harmless from any claims, liabilities, or expenses arising from Your failure to pay any applicable Taxes.

SECTION 3 - GENERAL TERMS

12. INTELLECTUAL PROPERTY

  1. All Intellectual Property Rights in the Platform, including but not limited to its design, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), are owned, controlled, or licensed by StaynEarn and are protected by copyright, patent, trademark, and other intellectual property laws.
  2. Subject to Your compliance with these Terms, StaynEarn grants You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for personal, non-commercial purposes only. This licence does not permit You to:
    1. reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content;
    2. use any automated system (e.g., robots, spiders, scrapers) to access, monitor, or copy any portion of the Platform;
    3. decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code of the Platform or any software or components thereof; or
    4. use the Platform or Content for any commercial purpose without Our express prior written consent.
  3. The StaynEarn name, logos, and all related names, designs, and slogans are trademarks of StaynEarn or its Affiliates or licensors. You must not use such marks without the prior written permission of StaynEarn.
  4. Any feedback, comments, or suggestions You may provide regarding the Platform or Services ("Feedback") will be entirely voluntary, and StaynEarn will be free to use such Feedback as it sees fit and without any obligation to You.

13. DISCLAIMER OF WARRANTIES

  1. THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STAYNEARN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "STAYNEARN PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  2. THE STAYNEARN PARTIES DO NOT WARRANT THAT THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE STAYNEARN PARTIES DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES WILL BE ACCURATE OR RELIABLE.
  3. YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STAYNEARN OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  4. STAYNEARN MAKES NO WARRANTY REGARDING THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF ANY THIRD-PARTY SERVICE PROVIDERS, INCLUDING HOTELS OR PAYMENT SERVICE PROVIDERS. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND ANY THIRD-PARTY SERVICES REMAINS SOLELY WITH YOU.

14. LIMITATION OF LIABILITY

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAYNEARN OR THE STAYNEARN PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (III) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (IV) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STAYNEARN AND THE STAYNEARN PARTIES FOR ALL CLAIMS RELATING TO THE PLATFORM AND SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO STAYNEARN FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100.00.
  3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. GOVERNING LAW AND DISPUTE RESOLUTION

  1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) ("Dispute") shall be governed by and construed in accordance with the laws of the Government of Dubai and the federal laws of the United Arab Emirates.
  2. Any Dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration.
  3. The arbitration shall be administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
  4. The seat of the arbitration shall be Dubai, United Arab Emirates.
  5. The tribunal shall consist of one (1) arbitrator.
  6. The language of the arbitration shall be English.

16. INDEMNIFICATION

  1. You agree to defend, indemnify, and hold harmless StaynEarn, its Affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms or Your use of the Platform, including, but not limited to, Your use of the Content, Services, and products other than as expressly authorised in these Terms or Your use of any information obtained from the Platform.

17. MISCELLANEOUS

  1. Entire Agreement. These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between You and StaynEarn regarding the Platform and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
  2. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
  3. Waiver. No waiver by StaynEarn of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of StaynEarn to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  4. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without StaynEarn’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and void. StaynEarn may freely assign or transfer these Terms without restriction.
  5. Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between You and StaynEarn as a result of these Terms or Your use of the Platform.
  6. Third-Party Beneficiaries. Except as expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
  7. Survival. The provisions of these Terms which, by their nature, should survive termination shall survive termination, including, without limitation, intellectual property, disclaimers, limitation of liability, governing law and dispute resolution, and miscellaneous provisions.
  8. Force Majeure. StaynEarn shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by an event beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials ("Force Majeure Event").
  9. Electronic Communications. By using the Platform, You consent to receive electronic communications from StaynEarn, which may include notices, agreements, disclosures, or other information. You agree that any notices, agreements, disclosures, or other communications that StaynEarn sends to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
  10. Export Control. You may not use or otherwise export or re-export the Platform except as authorized by United Arab Emirates law and the laws of the jurisdiction in which the Platform was obtained.
  11. Contact Information. If You have any questions about these Terms, or if You need to contact StaynEarn for any reason, please email [email protected].