Terms & Conditions
Version 2.0 · Updated 2026-06-10 · Sahasamstapaka Private Limited
A) Introduction
These Terms and Conditions ("T&C") establish the agreement between users ("You," "Your," "Yourself," or "User") and Sahasamstapaka Private Limited ("NightBay," "the Platform," "We," "Us," and "Our"), having its registered office at No. 11 (Old No. 76), Diagonal Road, 3rd Block, Jayanagar, Ward No. 167 (Old No. 59), Bangalore, Karnataka – 560011. By accessing or using the services provided through the website nightbay.in, the web application at app.nightbay.in, or the associated mobile applications (together, the "Platform"), You consent to these T&C. These Terms are considered an electronic record under the Indian Contract Act, 1872, and the Information Technology Act, 2000, along with the rules made thereunder. They are published in accordance with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and its amendments. Being generated by a computer system, these Terms do not require any physical, electronic, or digital signature. Before registering on the Platform or accessing any content through it, please carefully review these Terms and Our Privacy Policy. By using the Platform, you acknowledge these Terms and the Privacy Policy and agree to abide by them. If you disagree with any of the terms and conditions outlined below, kindly refrain from using the Platform.
B) Definitions
I. “Account”: means the personal profile created by a User on the Platform following registration. II. “Host”: means a User who lists one or more Spots on the Platform for monthly parking, whether in an individual capacity or as an authorised representative of an apartment RWA, school, office, or mall. III. “Renter”: means a User who books a Spot through the Platform for monthly parking. IV. “Spot”: means a parking space listed by a Host on the Platform. V. “Listing”: means the published record of a Spot, including its price, available hours, Host type, and verification status. VI. “Booking”: means a confirmed monthly parking arrangement between a Host and a Renter for a specific Spot, formed upon the Host's acceptance of a Renter's request and receipt of the first month's payment, as described in Clause E. VII. “Booking Agreement”: means the standard-form agreement, drafted and provided by NightBay, that governs the terms of a Booking, including its minimum term, notice period, and non-payment handling, as described in Clause G. VIII. “Services”: means the Spot discovery, booking, payment collection and payout, verification, and invoicing features made available through the Platform, as described in Clause E.
C) Eligibility criteria to use
I. Age and Capacity: You must be at least 18 (eighteen) years old and possess the legal capacity to enter into a binding contract under the Indian Contract Act, 1872. II. User Types: The Platform is intended for two categories of User: Hosts (individuals with a spare parking spot, or authorised representatives of an apartment RWA, school, office, or mall) and Renters (car owners seeking monthly parking). III. Authorisation for Shared Spots: A Host listing a Spot on behalf of an RWA, society, school, office, or mall must possess actual authority to do so, and must furnish evidence of such authorisation as part of Host verification under Clause D. IV. Jurisdictional Basis: You must be based in India, or otherwise willing to submit to Indian jurisdiction as a condition of using the Platform. V. Platform's Discretion: We reserve the right to refuse registration, or to suspend or terminate an existing Account, if We reasonably believe a User does not meet the above criteria or has misrepresented their eligibility.
D) Account registration and verification
I. Sign-in: Accounts may only be created by verifying a phone number through a one-time password (“OTP”), which serves as the baseline identity signal for all Users, whether Host or Renter. II. Renter Verification: Beyond phone verification, no further identity check is carried out on Renters prior to booking. A Renter's name, phone number, and verification status are, however, disclosed to a Host at the time of a booking request, as described in Clause H. III. Host Verification (Tiered by Listing Size): Verification of a Host is proportionate to the number of Spots listed at a single location, as follows: (a) 1–4 Spots at one location: verification is completed by way of a verification phone call and a review of the submitted photo against the listed location; on approval, the Listing goes live automatically. (b) 5 or more Spots at one location: in addition to the checks in sub-clause (a), an in-person site visit by a NightBay team member is mandatory. The Listing remains unpublished until that visit is completed and confirmed within the app, regardless of whether the phone and photo checks have already been completed. IV. Shared and RWA-Authorised Spots: Where a Listing relates to a shared or common-area Spot, verification additionally includes a check that the Host has actual authorisation to list that space. V. Payout KYC: Hosts are required to complete a lightweight KYC process (PAN and bank details) with NightBay's payment partner as a condition of being onboarded for payouts. VI. Accuracy of Information: You are responsible for ensuring that all information on Your Account and, where applicable, Your Listing is accurate, current, and not misleading, and for promptly updating it if it changes.
E) How the Services work
I. Discovery: Renters may search for a Spot by locality, or by GPS-based “Near me” distance sorting. Listing cards display price, available hours, Host type, and verification status. II. Booking Requests: A Renter may send a booking request for any available, verified Listing at any time. A request is not automatically confirmed; the Host must actively accept or decline it. III. Confirmation and Payment: On the Host's acceptance, the Booking is confirmed, and the first month's payment is collected from the Renter. IV. Auto-Renewal: The Booking auto-renews monthly thereafter, until either party gives notice in accordance with Clause G. V. Scope of Services: Beyond connecting Hosts and Renters, NightBay collects payment from the Renter, processes an automatic split payout to the Host, issues tax invoices, and conducts the Host verification process described in Clause D as a precondition to a Listing going live. NightBay's role in relation to these Services is addressed further in Clause L.
F) Fees, payment and refunds
I. Host Listing Fees (Annual): Payable by a Host per location, as follows: 1–4 Spots: ₹499 per Spot, per year; 5 Spots: ₹1,999 per year, flat; 6–10 Spots: ₹2,999 per year, flat; 11 or more Spots: free of charge. The first 50 Listings city-wide in Bangalore are free for one year, irrespective of tier. II. Renter Booking Payments (Monthly): A Renter pays a monthly amount comprising the Host's price plus NightBay's commission, shown as a single bundled figure, which auto-renews until notice is given under Clause G. This is a recurring rental payment, and not a subscription to the Platform itself. III. GST and TCS: NightBay's commission is charged on a GST-inclusive basis. Where a Host is GST-registered, applicable TCS treatment shall apply in accordance with law. IV. Payment Processing: Payments are processed through a third-party payment gateway/payment partner. We do not store Your card or other payment instrument details; We retain only the payment partner's transaction reference for Your Booking or Listing, as applicable. V. Refunds on Renter Booking Payments: As a general rule, no refund is due for Renter-initiated cancellation once a monthly cycle has begun, consistent with the mutual 15-day notice period at Clause G. This is subject to the following exceptions: (a) Host default: where a Host fails to honour an active Booking, or withdraws mid-cycle, the Renter shall receive a pro-rated refund for the unused days of that cycle. (b) Misdescribed Spot: a full refund shall be given where the Spot's actual condition materially differs from what was advertised, provided this is reported within 48 (forty-eight) hours of first use. (c) Payment error: a full refund shall be given for any duplicate or technical payment error. VI. Host Payout Timing: A Host payout for a Booking is held for 48 (forty-eight) hours after the Booking's start date before being released, to preserve the Misdescribed Spot refund window at sub-clause V(b) above. The payout remains "unsettled" for the purposes of Clause M.II until this hold period has cleared.
G) Booking Agreement, term and notice
I. The Booking Agreement: Each Booking is additionally governed by a Booking Agreement between the Host and the Renter, covering minimum term, notice period, and non-payment handling. The Booking Agreement is drafted and provided by NightBay, and is not independently negotiated between the Host and the Renter. II. Minimum Term and Notice: Every Booking carries a minimum term of one month, and a mutual notice period of 15 (fifteen) days applies to either party wishing to end a Booking. III. Grace Period: A 7 (seven) day grace period applies to a missed payment, following which the Account is automatically suspended and the Booking ends. IV. Consent: Acceptance of these Terms and of the applicable Booking Agreement is required before a Booking is confirmed.
H) Communication between Users
I. Disclosure on Request: When a Renter sends a booking request, the Renter's name, phone number, and verification status are disclosed to the Host, to enable the Host to vet the Renter. II. Disclosure on Acceptance: The Host's phone number is disclosed to the Renter only if, and when, the Host accepts the request. III. No Messaging Service: NightBay provides no in-app messaging service. All further coordination between a Host and a Renter takes place directly between them, by phone or other means outside the Platform, and NightBay is not a party to, and does not record, those communications. IV. Photos Only: Hosts upload a single photograph of the Spot at the time of listing. There is no ongoing in-app file or image sharing between a Host and a Renter after a Booking is confirmed.
I) User conduct (acceptable use)
You agree that You will not, on or through the Platform: list a Spot that does not exist, is not genuinely available, or does not match its photograph or description; provide false identity, authorisation, or KYC documents, particularly in relation to a shared or RWA-authorised Spot; attempt to fake or forge payment confirmation; engage in harassment, threats, or abusive conduct toward another User or a member of NightBay's staff; circumvent the Platform to avoid fees, including by arranging payment with another User entirely outside the app after connecting through it; sublet or re-list a Spot without proper authorisation. A material breach of this Clause may result in suspension or termination of Your Account, without refund (save as provided at Clause F.V), in accordance with Clause M.
J) Listings, verification and vacant-plot disclosure
I. Listing Accuracy: A Host is responsible for ensuring that a Listing accurately reflects the Spot's actual location, condition, and availability. II. Vacant-Plot Listings: A Listing for a vacant plot carries additional disclosure requirements, given the zoning ambiguity that can attach to such spaces. The Host must disclose the plot's zoning status and any use restriction known to the Host, and NightBay may require supporting documentation before such a Listing goes live. III. RWA/Society Authorisation: A Listing for a shared or common-area Spot requires evidence of the Host's authorisation from the relevant RWA or society, as described in Clauses C.III and D.IV.
K) Intellectual property in listing content
I. No Ownership Claim: NightBay does not claim, and will not acquire, any ownership interest in a Host's listing photographs or the underlying property. Hosts retain full ownership of both. II. Limited License: By uploading a photograph, a Host grants NightBay a limited, non-exclusive licence to display that photograph on the Platform for the purpose of the Listing. III. Platform Content: The Platform itself, including its design, software, trademarks, and other content created by the Company, remains the exclusive property of the Company, and nothing in these Terms grants You any rights in it beyond a limited, personal, non-transferable licence to use it for its intended purpose.
L) Company's role
I. Platform, and More Than a Matchmaker: NightBay provides a platform connecting Hosts with spare parking Spots to Renters seeking monthly parking. NightBay is not purely a matchmaking or introduction service: as set out at Clause E.V, it also collects payment, processes payouts, issues tax invoices, and operates the Listing verification process described at Clause D. II. No Involvement in Pricing: NightBay does not participate in price negotiation. Hosts set their own price, with a suggested range shown as guidance only. III. No Guarantee of Booking Outcome: NightBay does not guarantee that a Listing will receive a booking, or that a confirmed Booking will be honoured or completed to either party's satisfaction. The extent of NightBay's own responsibility where a Booking is not honoured is addressed at Clause O (Limitation of Liability). IV. Booking Agreement Not Independently Negotiated: As noted at Clause G.I, the Booking Agreement between a Host and a Renter is drafted and provided by NightBay, rather than independently negotiated by the two parties.
M) Suspension and termination
I. Grounds for Action: We may suspend or terminate an Account, without refund (save as provided at Clause F.V), where: payment remains outstanding beyond the 7-day grace period at Clause G.III, in which case suspension and Booking termination occur automatically; a Listing is found to be fraudulent, or fails verification; a User engages in repeated cancellations without proper notice; a safety or harassment complaint against the User is substantiated; a User has provided false KYC, identity, or authorisation documents. II. Voluntary Deactivation: You may delete Your own Account at any time, in-app or via nightbay.in/delete-account, save that deletion is blocked while any of the following applies: (a) You have an active or live Booking, including one awaiting payment or within its notice period under Clause G; (b) You owe NightBay any money on a Booking; (c) a refund is pending to You; (d) an open dispute involves Your Account, whether raised by You or against You; or (e) a Host payout to You is unsettled, including during the 48 (forty-eight) hour payout hold period described at Clause F.VI. III. Survival: Provisions that by their nature are intended to survive termination, including Clauses K, N, O, and P, will continue to apply after Your Account is suspended, terminated, or deleted.
N) Disclaimer of warranties
THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SAVE FOR THE VERIFICATION CHECKS EXPRESSLY DESCRIBED AT CLAUSE D, WE DO NOT WARRANT THE ONGOING PHYSICAL CONDITION, SAFETY, OR LEGAL STATUS OF ANY SPOT, NOR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, NOR THAT USING THE PLATFORM WILL RESULT IN A SUCCESSFUL OR SATISFACTORY BOOKING.
O) Limitation of liability
To the fullest extent permitted by law, NightBay shall not be liable for: I. Failure to Secure a Booking: a Host's failure to receive bookings for a Listing; II. User Disputes: any dispute between a Host and a Renter, including a dispute arising after a Booking is confirmed; III. Misuse of Contact Information: any misuse by one User of contact information disclosed to them upon or following a Booking, as described in Clause H; IV. Offline Conduct: any event, dispute, fine, or incident arising at the physical Spot itself once a Booking is confirmed, save as expressly provided in Clause F.V (Refunds) and subject to sub-clause V below. V. Preservation of Non-Excludable Liability: Nothing in this Clause excludes any liability that cannot lawfully be excluded under Indian law, including such liability, if any, as may arise under the fallback liability provisions of the Consumer Protection (E-Commerce) Rules, 2020.
P) Indemnification
You agree to defend, indemnify, and hold harmless NightBay, its directors, employees, and affiliates from any claim, loss, liability, or expense (including reasonable legal fees) arising from Your breach of these Terms, Your misuse of the Platform, a misrepresentation made by You (including in a Listing or during verification), or Your interactions with another User, whether online or at the physical Spot.
Q) Privacy and data protection
Our collection, use, and processing of Your personal data is governed by Our Privacy Policy, read together with the Digital Personal Data Protection Act, 2023, and is incorporated by reference into these Terms. Candidate/User data, including data collected during Host or Renter verification, is used solely for Platform administration, Booking facilitation, payment and payout processing, and legal or regulatory compliance, and We take reasonable security measures to protect it.
R) Communication agreement
By using the Platform, You consent to receiving transactional and service-related communications from Us by SMS, email, or other contact details provided at registration, including communications regarding Your Account, a Listing, or a Booking.
S) Governing law, jurisdiction and dispute resolution
I. Governing Law: These Terms shall be governed by and construed in accordance with the laws of India. II. Negotiation: In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Platform, the parties shall first attempt to resolve it through good-faith negotiation between them. III. Mediation: If the dispute is not resolved through good-faith negotiation within 30 (thirty) days, the parties shall refer the dispute to mediation before a mutually agreed neutral mediator, in accordance with the Mediation Act, 2023. IV. Arbitration: If the dispute remains unresolved following mediation, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, conducted by a sole arbitrator appointed by mutual agreement of the parties. The seat and venue of arbitration shall be Bengaluru, Karnataka, and the language of arbitration shall be English. V. Jurisdiction: Subject to the above, the courts at Bengaluru, Karnataka shall have exclusive jurisdiction over any matter not required to be arbitrated, including applications for interim relief and the enforcement of an arbitral award.
T) Grievance redressal
Any grievance regarding these Terms, the Platform, or a User's conduct may be addressed, in writing, to Our Grievance Officer at support@nightbay.in. The name and designation of the Grievance Officer, as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, shall be published on the Platform.
U) General provisions
I. Relationship: These Terms do not create any partnership, agency, joint venture, or employment relationship between NightBay and any User, or between a Host and a Renter, and no User has the authority to bind NightBay. II. Amendments: We may update these Terms from time to time. The updated Terms will be posted on the Platform with a revised “Last Updated” date, and Your continued use of the Platform after such an update constitutes acceptance of the revised Terms. III. Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. IV. Waiver: Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or of any other right. V. Assignment: You may not assign or transfer Your rights or obligations under these Terms. We may assign Our rights and obligations under these Terms to any affiliate or successor entity. VI. Force Majeure: We shall not be liable for any delay or failure in performance arising from causes beyond Our reasonable control, including natural disasters, government action, or failures of third-party infrastructure.
V) Contact us
Customer Support Email: support@nightbay.in Contact Number: 9741146164 Website: nightbay.in