Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the IndiaNiteLife Platform, you agree to comply with and be bound by these Terms of Service.
Created: May 16, 2018
Thank you for using IndiaNiteLife!
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and IndiaNiteLife (as defined below) governing your access to and use of the IndiaNiteLife website, including any subdomains thereof, and any other websites through which IndiaNiteLife makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “IndiaNiteLife Services“). The Site, Application and IndiaNiteLife Services together are hereinafter collectively referred to as the “IndiaNiteLife Platform”.
Any and all payment processing services through or in connection with your use of the IndiaNiteLife Platform (“Payment Services“) are provided to you by one or more IndiaNiteLife Payments entities (individually and collectively, as appropriate, “IndiaNiteLife Payments“) as set out in the Payments Terms of Service (“Payments Terms“).
Vendors alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Services offered. Vendor are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Services they offer.
1.1 The IndiaNiteLife Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Vendors” and the services they offer are “Vendor Services”) to publish such Vendor Services on the IndiaNiteLife Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Vendor Services (Members using Vendor Services are “Guests/Customers”). Vendor Services may include the offering of party package, vacation or other properties for use (“Accommodations“), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other nightlife and food related services.
1.2 As the provider of the IndiaNiteLife Platform, IndiaNiteLife does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Vendor Services, nor is IndiaNiteLife an organiser or retailer of nightlife party packages. Vendors alone are responsible for their Listings and Vendor Services. When Members make or accept a booking, they are entering into a contract directly with each other. IndiaNiteLife is not and does not become a party to or other participant in any contractual relationship between Members, nor is IndiaNiteLife a real estate broker or insurer. IndiaNiteLife is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, IndiaNiteLife has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Vendor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. IndiaNiteLife does not endorse any Member, Listing or Vendor Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by IndiaNiteLife about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Vendor Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by IndiaNiteLife of any Vendor or Listing.
1.4 If you choose to use the IndiaNiteLife Platform as a Vendor or Co-Vendor (as defined below), your relationship with IndiaNiteLife is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of IndiaNiteLife for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of IndiaNiteLife. IndiaNiteLife does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Vendor Services. You acknowledge and agree that you have complete discretion whether to list Vendor Services or otherwise engage in other business or employment activities.
1.5 To promote the IndiaNiteLife Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. IndiaNiteLife cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The IndiaNiteLife Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The IndiaNiteLife Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. IndiaNiteLife is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by IndiaNiteLife of such Third-Party Services.
1.7 Due to the nature of the Internet, IndiaNiteLife cannot guarantee the continuous and uninterrupted availability and accessibility of the IndiaNiteLife Platform. IndiaNiteLife may restrict the availability of the IndiaNiteLife Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the IndiaNiteLife Platform. IndiaNiteLife may improve, enhance and modify the IndiaNiteLife Platform and introduce new IndiaNiteLife Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the IndiaNiteLife Platform or register an IndiaNiteLife Account. By accessing or using the IndiaNiteLife Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Vendor Service(s) are located or take place at any illegal area/premises (ii) you are not listed on any Government list of prohibited or restricted parties.
2.3 IndiaNiteLife may make access to and use of the IndiaNiteLife Platform, or certain areas or features of the IndiaNiteLife Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the IndiaNiteLife Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the IndiaNiteLife Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the IndiaNiteLife Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
IndiaNiteLife reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the IndiaNiteLife Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the IndiaNiteLife Platform will constitute acceptance of the revised Terms.
4.1 You must register an account (“IndiaNiteLife Account“) to access and use certain features of the IndiaNiteLife Platform, such as publishing or booking a Listing. If you are registering an IndiaNiteLife Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an IndiaNiteLife Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your IndiaNiteLife Account and your SNS Account at any time, by accessing the “Settings” section of the IndiaNiteLife Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your IndiaNiteLife Account and public IndiaNiteLife Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) IndiaNiteLife Account unless IndiaNiteLife authorizes you to do so. You may not assign or otherwise transfer your IndiaNiteLife Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your IndiaNiteLife Account credentials and may not disclose your credentials to any third party. You must immediately notify IndiaNiteLife if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your IndiaNiteLife Account. You are liable for any and all activities conducted through your IndiaNiteLife Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 IndiaNiteLife may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your IndiaNiteLife Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow Vendors to add other Members as Co-Vendors (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by IndiaNiteLife to ask for your credentials, and you shall not request the credentials of another Member.
5.1 IndiaNiteLife may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the IndiaNiteLife Platform (“Member Content“); and (ii) access and view Member Content and any content that IndiaNiteLife itself makes available on or through the IndiaNiteLife Platform, including proprietary IndiaNiteLife content and any content licensed or authorized for use by or through IndiaNiteLife from a third party (“IndiaNiteLife Content” and together with Member Content, “Collective Content“).
5.2 The IndiaNiteLife Platform, IndiaNiteLife Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the India and other countries. You acknowledge and agree that the IndiaNiteLife Platform and IndiaNiteLife Content, including all associated intellectual property rights, are the exclusive property of IndiaNiteLife and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the IndiaNiteLife Platform, IndiaNiteLife Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of IndiaNiteLife used on or in connection with the IndiaNiteLife Platform and IndiaNiteLife Content are trademarks or registered trademarks of IndiaNiteLife in the India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the IndiaNiteLife Platform, IndiaNiteLife Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the IndiaNiteLife Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by IndiaNiteLife or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, IndiaNiteLife grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the IndiaNiteLife Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the IndiaNiteLife Platform, you grant to IndiaNiteLife a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the IndiaNiteLife Platform, in any media or platform. Unless you provide specific consent, IndiaNiteLife does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 IndiaNiteLife may offer Vendors the option of having professional photographers take photographs of their Vendor Services, which are made available by the photographer to Vendors to include in their Listings with or without a watermark or tag bearing the words “IndiaNiteLife.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Vendor Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the IndiaNiteLife Platform if they no longer accurately represent your Listing, if you stop Vendoring the Vendor Service featured, or if your IndiaNiteLife Account is terminated or suspended for any reason. You acknowledge and agree that IndiaNiteLife shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where IndiaNiteLife is not the exclusive owner of Verified Images, by using such Verified Images on or through the IndiaNiteLife Platform, you grant to IndiaNiteLife an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. IndiaNiteLife in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the IndiaNiteLife Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the IndiaNiteLife Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the IndiaNiteLife Platform or you have all rights, licenses, consents and releases that are necessary to grant to IndiaNiteLife the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or IndiaNiteLife’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates IndiaNiteLife’s Content Policy or any other IndiaNiteLife policy. IndiaNiteLife may, without prior notice, remove or disable access to any Member Content that IndiaNiteLife finds to be in violation of these Terms or IndiaNiteLife’s then-current Policies or Standards, or otherwise may be harmful or objectionable to IndiaNiteLife, its Members, third parties, or property.
5.9 IndiaNiteLife respects copyright law and expects its Members to do the same. If you believe that any content on the IndiaNiteLife Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6.1 IndiaNiteLife may charge fees to Vendors (“Vendor Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the IndiaNiteLife Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Vendor or Guest prior to publishing or booking a Listing. IndiaNiteLife reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to IndiaNiteLife. The applicable Service Fees (including any applicable Taxes) are collected by IndiaNiteLife Payments. IndiaNiteLife Payments will deduct any Vendor Fees from the Listing Fee before remitting the payout to the Vendor. Any Guest Fees are included in the Total Fees collected by IndiaNiteLife Payments. Except as otherwise provided on the IndiaNiteLife Platform, Service Fees are non-refundable.
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the IndiaNiteLife Platform you must (i) provide complete and accurate information about your Vendor Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as club rules, deliverables, fine print) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by IndiaNiteLife. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as special arrangements) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 IndiaNiteLife may enable certain Vendors to participate in its “Free Entry Program.” The Entry Program enables Vendors to provide Listings to certain Guests, such as Couples, Privileged Members, for free.
7.1.5 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Vendor Services. IndiaNiteLife reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on the IndiaNiteLife Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Vendor requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Vendor Service, and/or ease of booking.
7.1.7 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Vendor Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Vendor Fee and any applicable Taxes.
7.1.8 IndiaNiteLife recommends that Vendors obtain appropriate insurance for their Vendor Services. Please review any respective insurance policy carefully, and in particular 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 has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Vendor Service.
7.2 Listing Accommodations/Rent
7.2.1 Unless expressly allowed by IndiaNiteLife, you may not list more than one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit“). Vendors are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the IndiaNiteLife Platform. IndiaNiteLife will use commercially reasonable efforts to address Vendors’ requests and claims related to Security Deposits, but IndiaNiteLife is not responsible for administering or accepting any claims by Vendors related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Vendor, 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 any individuals the Guest invites to the Accommodation.
7.3 Listing Experiences, Events and other Vendor Services
Vendors who list Experiences, Events and Vendor Services other than Accommodations agree to and are subject to the Additional Terms for Experience Vendors.
7.4.1 IndiaNiteLife may enable Vendors to authorize other Members (“Co-Vendors”) to administer the Vendor’s Listing(s), and to bind the Vendor and take certain actions in relation to the Listing(s) as permitted by the Vendor, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Vendor Services”). Any agreement formed between Vendor and Co-Vendor may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Vendor Service(s). Co-Vendors may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by IndiaNiteLife. IndiaNiteLife reserves the right, in our sole discretion, to limit the number of Co-Vendors a Vendor may invite for each Listing and to limit the number of Listings a Co-Vendor may manage.
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by IndiaNiteLife and/or the Vendor, you can book a Listing available on the IndiaNiteLife Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your IndiaNiteLife Account.
8.1.2 Upon receipt of a booking confirmation from IndiaNiteLife, a legally binding agreement is formed between you and your Vendor, subject to any additional terms and conditions of the Vendor that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. IndiaNiteLife Payments will collect the Total Fees at the time of the booking request or upon the Vendor’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book a Vendor Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Vendor, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Vendor. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Vendor Service if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Rent”) is a limited license granted to you by the Vendor to enter, occupy and use the Accommodation for the duration of your stay, during which time the Vendor (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Vendor.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Vendor specifies in the Listing or such other time as mutually agreed upon between you and the Vendor. If you stay past the agreed upon checkout time without the Vendor’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Vendor is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Vendor, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Vendor, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Vendor to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Vendor as a result of such Overstay. If you Overstay at an Accommodation, you authorize IndiaNiteLife (via IndiaNiteLife Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Vendor, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3 Booking Experiences, Events and other Vendor Services
8.3.1 You should carefully review the description of any Experience, Event or other Vendor Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Vendor has specified in their Listing. At your sole discretion you may want to inform the Vendor of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Vendor Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Vendor Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Vendor Service.
8.3.2 Before and during an Experience, Event or other Vendor Service you must at all times adhere to the Vendors’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other Vendor Service unless such an individual was added by you as an additional guest during the booking process on the IndiaNiteLife Platform.
9.1 Vendors and Guests are responsible for any modifications to a booking that they make via the IndiaNiteLife Platform or direct IndiaNiteLife customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Vendor Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and IndiaNiteLife Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Vendor under the applicable cancellation policy will be remitted to the Vendor by IndiaNiteLife Payments pursuant to the Payments Terms.
9.3 If a Vendor cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, IndiaNiteLife may allow the Guest to apply the refund to a new booking, in which case IndiaNiteLife Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, IndiaNiteLife may publish an automated review on the Listing cancelled by the Vendor indicating that a booking was cancelled. In addition, IndiaNiteLife may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Vendor has a valid reason for cancelling the booking pursuant to IndiaNiteLife’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events and other Vendor Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Vendors may modify or cancel a Vendor Service. If there is a substantial change in the itinerary or the Vendor Service needs to be cancelled, IndiaNiteLife will work with the Vendor and/or Guests to provide Guests an alternative date for the Vendor Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, IndiaNiteLife may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in IndiaNiteLife’s Extenuating Circumstances Policy or (i) where IndiaNiteLife believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to IndiaNiteLife, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, IndiaNiteLife may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 If, as a Vendor, your Guest cancels a confirmed booking or IndiaNiteLife decides that it is necessary to cancel a confirmed booking, and IndiaNiteLife issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, IndiaNiteLife Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Vendor Services, Co-Vendor Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your IndiaNiteLife Account, and IndiaNiteLife Payments will handle all such payments.
10.1 Within a certain timeframe after completing a booking, Guests and Vendors can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of IndiaNiteLife. Ratings and Reviews are not verified by IndiaNiteLife for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Vendors must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with IndiaNiteLife’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the IndiaNiteLife Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Vendor (and the individuals the Vendor invites to the Accommodation, if applicable).
11.2 If a Vendor claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim“), the Vendor can seek payment from you through the Resolution Center. If a Vendor escalates a Damage Claim to IndiaNiteLife, you will be given an opportunity to respond. If you agree to pay the Vendor, or IndiaNiteLife determines in its sole discretion that you are responsible for the Damage Claim, IndiaNiteLife Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. IndiaNiteLife also reserves the right to otherwise collect payment from you and pursue any remedies available to IndiaNiteLife in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Vendors under the IndiaNiteLife Vendor Guarantee.
11.3 Members agree to cooperate with and assist IndiaNiteLife in good faith, and to provide IndiaNiteLife with such information and take such actions as may be reasonably requested by IndiaNiteLife, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the IndiaNiteLife Vendor Guarantee), (ii) Experiences, (iii) Co-Vendor agreements, or (iv) a Group Payment Booking. A Member shall, upon IndiaNiteLife’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by IndiaNiteLife or a third party selected by IndiaNiteLife or its insurer, with respect to losses for which a Member is requesting payment from IndiaNiteLife (including but not limited to payments under the IndiaNiteLife Vendor Guarantee).
11.4 If you are a Guest or a Co-Vendor, you understand and agree that IndiaNiteLife may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Vendor (including without limitation amounts paid by IndiaNiteLife under the IndiaNiteLife Vendor Guarantee). You agree to cooperate with and assist IndiaNiteLife in good faith, and to provide IndiaNiteLife with such information as may be reasonably requested by IndiaNiteLife, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as IndiaNiteLife may reasonably request to assist IndiaNiteLife in accomplishing the foregoing.
IndiaNiteLife generally supports payment amounts that are payable from or to Guests or Vendors to the smallest unit supported by a given currency (i.e. Indian Rupees). Where IndiaNiteLife’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, IndiaNiteLife may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Vendors to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, IndiaNiteLife may round up an amount of Rs. 1001.50 to Rs.1002.00, and round down an amount of Rs.1001.49 to Rs.1001.00.
13.1 As a Vendor you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable GST/VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from Vendors, or to withhold Taxes from payouts to Vendors, or both. If a Vendor fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Vendors on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Vendors, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes“).
13.4 In certain jurisdictions, IndiaNiteLife may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Vendors, in accordance these Terms (“Collection and Remittance“) if such jurisdiction asserts IndiaNiteLife or Vendors have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize IndiaNiteLife (via IndiaNiteLife Payments) to collect Occupancy Taxes from Guests on the Vendor’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by IndiaNiteLife will be visible to and separately stated to both Guests and Vendors on their respective transaction documents. Where IndiaNiteLife is facilitating Collection and Remittance, Vendors are not permitted to collect any Occupancy Taxes being collected by IndiaNiteLife relating to their Accommodations in that jurisdiction.
13.5 You agree that any claim or cause of action relating to IndiaNiteLife’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by IndiaNiteLife in connection with facilitation of Collection and Remittance, if any. Guests and Vendors agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by IndiaNiteLife from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 IndiaNiteLife reserves the right, with prior notice to Vendors, to cease the Collection and Remittance in any jurisdiction for any reason at which point Vendors and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the IndiaNiteLife Platform. In connection with your use of the IndiaNiteLife Platform, you will not and will not assist or enable others to:
14.2 You acknowledge that IndiaNiteLife has no obligation to monitor the access to or use of the IndiaNiteLife Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the IndiaNiteLife Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist IndiaNiteLife in good faith, and to provide IndiaNiteLife with such information and take such actions as may be reasonably requested by IndiaNiteLife with respect to any investigation undertaken by IndiaNiteLife or a representative of IndiaNiteLife regarding the use or abuse of the IndiaNiteLife Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to IndiaNiteLife by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or IndiaNiteLife terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your IndiaNiteLife Account as a Vendor, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your IndiaNiteLife Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Unless your Country of Residence is the India, without limiting our rights specified below, IndiaNiteLife may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 IndiaNiteLife may immediately, without notice, terminate this Agreement and/or stop providing access to the IndiaNiteLife Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) IndiaNiteLife believes in good faith that such action is reasonably necessary to protect the personal safety or property of IndiaNiteLife, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, IndiaNiteLife may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the IndiaNiteLife Account registration, Listing process or thereafter, (iv) you and/or your Listings or Vendor Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or IndiaNiteLife otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) IndiaNiteLife believes in good faith that such action is reasonably necessary to protect the personal safety or property of IndiaNiteLife, its Members, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by IndiaNiteLife and an opportunity to resolve the issue to IndiaNiteLife’s reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your IndiaNiteLife Account or any of your Member Content. If your access to or use of the IndiaNiteLife Platform has been limited or your IndiaNiteLife Account has been suspended or this Agreement has been terminated by us, you may not register a new IndiaNiteLife Account or access and use the IndiaNiteLife Platform through an IndiaNiteLife Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the IndiaNiteLife Platform or Collective Content, you do so voluntarily and at your sole risk. The IndiaNiteLife Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the IndiaNiteLife Services, laws, rules, or regulations that may be applicable to your Listings and/or Vendor Services you are receiving and that you are not relying upon any statement of law or fact made by IndiaNiteLife relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events, other Vendor Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Vendor Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Vendor Services. You assume full responsibility for the choices you make before, during and after your participation in a Vendor Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Vendor Service and to the maximum extent permitted by law, you agree to release and hold harmless IndiaNiteLife from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Vendor Service or in any way related to your Vendor Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the IndiaNiteLife Platform and Collective Content, your publishing or booking of any Listing via the IndiaNiteLife Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Vendor Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither IndiaNiteLife nor any other party involved in creating, producing, or delivering the IndiaNiteLife Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the IndiaNiteLife Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the IndiaNiteLife Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Vendor Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not IndiaNiteLife has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Vendors pursuant to these Terms or an approved payment request under the IndiaNiteLife Vendor Guarantee, in no event will IndiaNiteLife’s aggregate liability arising out of or in connection with these Terms and your use of the IndiaNiteLife Platform including, but not limited to, from your publishing or booking of any Listings via the IndiaNiteLife Platform, or from the use of or inability to use the IndiaNiteLife Platform or Collective Content and in connection with any Accommodation, Experiences, Event,other Vendor Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the IndiaNiteLife Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Vendor, the amounts paid by IndiaNiteLife to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between IndiaNiteLife and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect IndiaNiteLife’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If your Country of Residence is in the EU, IndiaNiteLife is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. IndiaNiteLife is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of IndiaNiteLife in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of IndiaNiteLife is excluded.
You agree to release, defend (at IndiaNiteLife’s option), indemnify, and hold IndiaNiteLife and its affiliates and subsidiaries, including but not limited to, IndiaNiteLife Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the IndiaNiteLife Platform or any IndiaNiteLife Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Vendor Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) IndiaNiteLife’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in India; or (ii) your Country of Residence is not in India, but bring any claim against IndiaNiteLife All disputes are subject to Mumbai jurisdiction only.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the IndiaNiteLife Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the IndiaNiteLife Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21.1 If your Country of Residence is India, these Terms will be interpreted in accordance with the laws of the Mumbai jurisdiction only.
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between IndiaNiteLife and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between IndiaNiteLife and you in relation to the access to and use of the IndiaNiteLife Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and IndiaNiteLife as a result of this Agreement or your use of the IndiaNiteLife Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 IndiaNiteLife’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without IndiaNiteLife’s prior written consent. IndiaNiteLife may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by IndiaNiteLife via email, IndiaNiteLife Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which IndiaNiteLife transmits the notice. If your booking is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies IndiaNiteLife’s obligations under Article 59 Paragraph 1 of the Japanese Housing Accommodation Business Act.
22.8 If you have any questions about these Terms please email us.