Last Updated: April 1, 2017
1. These terms of use (the "Terms of Use") govern your use of www.nomad.travel ("Website"). Please read these Terms of Use carefully before you access, download, install or use the Website. If you do not agree to these Terms of Use, you may not access, install, download or use the Website. By installing, downloading or using the Website, you signify your acceptance to the Terms of Use and Privacy Policy (being hereby incorporated by reference herein) which takes effect on the date on which you access, download, install or use the Website, and create a legally binding arrangement to abide by the same.
2. The Website is operated and owned by Easyaccom Ventures Private Limited (hereinafter referred to as "we", "us" or "our"), a company registered in Bangalore, India.
3. We reserve the right to change the Terms of Use and Privacy Policy at any time without notice posting changes on the Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the Privacy Policy and note the changes made. Your continued usage of the Website after any change is posted constitutes your acceptance of the amended Terms of Use and Privacy Policy.
4. This Website aims to provide an online platform to persons completing our registration process as Hosts (as defined below) and Guests (as defined below) ("Members") and connect with each other to rent out and book the Accommodations (as defined below) ("Services").
5. How the Website and Services Work
5.1 The Website aims to facilitate an online platform to connect (a) Members who are interested in creating a listing for residential or other properties, including, but not limited to, houses, apartments, homestays, resorts and other lodging ("Accommodations") for renting ("Hosts"); and (b) Members who request to book and rent the Accommodations ("Guests") with the help of the Website.
5.2 We do not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control the Accommodation or the related services provided in connection thereof.
5.3 Our responsibilities are limited to: (i) facilitating the availability of the Website and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
5.4 You may view the listing made by the Hosts ("Listings") without becoming a Member; however, if you wish to book an Accommodation or create a Listing, you must first register as a Member.
6. Account Registration
6.1 In order to access certain features of the Website and to book an Accommodation or create a Listing, you must register to create an account ("Nomad.Travel Account") and become a Member. You may register to join the Services directly via the Website or as described in this section.
6.2 You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Website, as described below. As part of the functionality of the Website and Services, you may link your Nomad.Travel Account with Third Party Accounts, by either:
(i) providing your Third Party Account login information to usthrough the Website or Services; or
(ii) allowingus to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
6.3 You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
6.4 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Website and Services via your Nomad.Travel Account and Nomad.Travel Account profile page.
6.5 Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be Member's content for all purposes of these Terms.
6.6 Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Nomad.Travel Account on the Website and Services.
6.7 Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website and Services.
6.8 You have the ability to disable the connection between your Nomad.Travel Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Website. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers.We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and we are not responsible for any SNS Content.
6.9 We will create your Nomad.Travel Account and your Nomad.Travel Account profile page for your use of the Website based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Nomad.Travel Account.
6.10 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
6.11 We reserve the right to suspend or terminate your Nomad.Travel Account and your access to the Website and Services if you create more than one (1) Nomad.Travel Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
6.12 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Nomad.Travel Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Nomad.Travel Account.
7. Accommodation Listings
7.1 As a Member, you may create Listings and become a Host. To this end, you, as a Host, will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, facilities, availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Website and Services, all Accommodations must have valid physical addresses which we may verify. Listings will be made publicly available via the Website and Services. Other Members will be able to book your Accommodation as Guests via the Website and Services based upon the information provided in your Listing. You, as a Host, understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered. You agree that any Listing that cannot be verified by us may be deleted by us, at our sole discretion.
7.2 You, as a Host, acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of an Accommodation, by a Guest, of a Listing you post or of a Guest's stay at an Accommodation that is Listed (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that we assume no responsibility for a Host's compliance with any applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services.
7.3 You understand and agree that we do not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and we are not a party thereto. Notwithstanding the foregoing, we serve as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and are responsible for transmitting such payments to the Host.
7.4 You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
7.5 We recommend that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
8. Bookings and Financial Terms
8.1 As a general rule, all bookings made are treated as confirmed. Upon successful completion of booking, we will share details of the Host with the Guest and Guest with the Host to enable them to communicate further. Details shared including but not limited to (i) the first and last name (ii) a link to Nomad.Travel Account profile page and (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Guest/Host on such SNS.
8.2 If you are a Host and a booking is made on your Accommodation via the Website and Services, you are given 24 hours to review the booking and cancel it should you have a valid reason. As a Host you might be required to provide a valid reason for cancelling the booking.
8.3 If you, as the Host, decide to cancel a booking of an Accommodation within such 24 hour period, you will inform us and we will refund the amounts collected by us for the requested booking to the applicable Guest. Upon successful confirmation of a booking requested by a Guest, we will send you, the Host an email or message confirming such booking, depending on the selections you make via the Website and Services to receive such alerts.
8.4 The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees (defined below.) Where applicable, taxes may be charged in addition to the Accommodation Fees and Guest Fees. The Accommodation Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Guest solely relating to a Host's Accommodation are the "Accommodation Fees". Please note that it is the Host and not us which determines the Accommodation Fees.
8.5 We charge a fee to Guests based upon a percentage of applicable Accommodation Fees which are the "Guest Fees". The Guest Fees are added to the Accommodation Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. We will collect the Total Fees at the time of booking and will initiate payment of the Accommodation Fees less Host Fees (defined below) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest).
9. Appointment of Nomad.Travel as Payment Agent for Host
9.1 Each Host hereby appoints us as the Host's limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to us shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Guest in the agreed upon manner as if the Host has received the Accommodation Fees. Each Host agrees that, we may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, we assume no liability for any acts or omissions of the Host.
9.2 Please note that we do not charge fees for the creation of Listings.
10. Bookings and Financial Terms for Guests
10.1 The Hosts, not us, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Website and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You, as a Guest, acknowledge and agree that you, and not us, will be responsible for performing the obligations of any such agreements, that we are not a party to such agreements, and that, with the exception of its payment obligations hereunder, we disclaim all liability arising from or related to any such agreements.
10.2 You, as a Guest, acknowledge and agree that, notwithstanding the fact that we are not a party to the agreement between you and the Host, we act as the Host's payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to us which are due to the Host, your payment obligation to the Host for such amounts is completed, and we are responsible for remitting such amounts, less Nomad.Travel's Host Fees, to the Host.
10.3 Listings for Accommodations will specify the Total Fees. As noted above, all Bookings are automatically confirmed but Host sare provided 24 hours to review the confirmed Booking and cancel the Booking should they have a valid reason to do so. If a confirmed booking is cancelled by the applicable Host, any amounts collected by us will be refunded to the Guest, depending on the selections the Guest makes via the Website.
10.4 You, as a Guest, agree to pay us for the Total Fees for any booking made. We will collect the Total Fees in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable Listing. Please note that we cannot control any fees that may be charged to a Guest by his or her bank related to our collection of the Total Fees, and we disclaim all liability in this regard.
10.5 In connection with your requested booking, you, as a Guest, will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for any confirmed bookings made in connection with your Nomad.Travel Account in accordance with these Terms by one of the methods described on the Website– e.g. by a credit card. You, as a Guest hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Website. If you are directed to our third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you're confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
10.6 You, as a Guest, will not be allowed to contact the Host independently. Any attempt to do so may result in the cancellation of the Guest's Nomad.Travel Account without due notice at our sole discretion.
11. Service Fees
11.1 In consideration for providing the Services, we collect service fees which are made up of two (2) components: (i) Guest Fees; and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Accommodation Fees ("Host Fees"). Where applicable, Taxes may also be charged in addition to the Host Fees or the Guest Fees, as applicable and payable by you.
11.2 Balances will be remitted by us to Hosts via check, direct deposit or other payment methods described on the Website, in the Host's currency of choice, depending upon the selections the Host makes via the Website and Services. Please note that we may deduct foreign currency processing costs as applicable. More information on foreign currency processing cost deductions will be available via the Website. Except as otherwise provided herein, the Host Fees and / or the Guest Fees that are payable by you, as applicable, are non-refundable.
12. Cancellations and Refunds
12.1 If, as a Guest, you wish to cancel a confirmed booking made via the Website and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.
12.2 If a Host cancels a confirmed booking made via the Website and Services, (i) we will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation; and (ii) the Guest will receive an email or other communication from us containing alternative Listings (if available) and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay us the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms.
13. Taxes
We cannot and do not offer Tax-related advice to any Members of the Website and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
14. Damage to Accommodations
14.1 As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation.
14.2 We disclaim all liabilities in relation to any loss or damage to the Hosts property by the Guests and shall not be liable in any manner, whatsoever in nature, to assist in the settlement of any disputes in this regard.
15. No Endorsement
15.1 We do not endorse any Members or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Website and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.
15.2 By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
16. User conduct
16.1 Only individuals who are 18 years of age or older may use the Website. If you are under 18 years of age and you wish to access or use the Website, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Privacy Policy, you shall immediately discontinue the use of the Website and its services.
16.2 If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
16.3 As a company registered in India, we have complied with applicable laws of India in making the Website and its content available to you. In the event the Website is accessed from outside India, it shall be entirely at your risk. We make no representation that the Website and its contents are available or otherwise suitable for use outside India. If you choose to access or use the Website from or in locations outside India, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
16.4 You shall at all times be responsible for the use of the Website and for bringing these Terms of Use and Privacy Policy to the attention of all such persons accessing the Website on your computer, tablet or handheld device ("Devices").
16.5 You understand and agree that the use of the Website does not include the provision of the Devices or other necessary equipment to access it. You also understand and acknowledge that the use of the Website requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Website and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
16.6 By using the Website you represent and warrant that:
(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
(ii) Your use of the Website shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
(iv) All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
(v) Other than as set out specifically in these Terms of Use, you will not (a) use any services provided by the Website for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact hello@Nomad.Travel.com.
(vi) You will not use the Website in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website.
(viii) You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
(x) You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
(xii) You shall not access the Website without authority or use the Website in a manner that damages, interferes or disrupts:
(a) any part of the Website or the Website software; or
(b) any equipment or any network on which the Website is stored or any equipment of any Third Party.
17. Access to the Website, Accuracy and security
17.1 We endeavour to make the Website available to you 24 hours a day. However, we do not represent that access to the Website will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
17.2 We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
17.3 We do not represent or warranty that the information available on the Website will be correct, accurate or otherwise reliable.
17.4 We reserve the right to suspend or withdraw access to the Website to you personally, or to all users temporarily or permanently at any time without notice.
18. Disclaimers
18.1 THIS WEBSITE MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
18.2 DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THIS WEBSITE OR DELAY OR ERRORS IN FUNCTIONALITY OF THE WEBSITE. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
18.3 WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
18.4 YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE WEBSITE. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S SERVICES.
18.5 WHILE THE MATERIALS AND ADVICE PROVIDED ON THIS WEBSITE WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS AND ADVICE IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICES OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
18.6 THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
18.7 WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THIS WEBSITE. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
18.8 IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.9 YOU UNDERSTAND AND AGREE THAT Nomad.Travel IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS Nomad.Travel A REAL ESTATE BROKER, AGENT OR INSURER. Nomad.Travel HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
19. Intellectual property
19.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
19.2 You may print off one copy, and may download extracts, of any page(s) from the Website or our website for your personal reference and you may draw the attention of others within your organisation to material available on the Website.
19.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 19.4 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
19.5 If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
20. Treatment of information provided by you
20.1 We process information about you in accordance with our Privacy Policy.
20.2 You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the Website for the purpose of use on the Website or for our generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
21. Third Party Content
21.1 We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
21.2 You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Website, although we are under no obligation to do so.
22. Severability
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
23. Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
24. Governing law and dispute resolution
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to
this website, shall be subject to the jurisdiction of the courts at Bangalore, India.