This document is an electronic record generated by a computer system and does not require any physical or digital signatures.

These terms of use (“Terms”) along with the Privacy Policy altogether constitute a legally binding agreement (this “Agreement”) between You and NextOnMap Travel Private Limited (herein referred to as “Our”, “We”, “Us”) with respect to Your use of Our Platform and Services.

 

1. YOUR APPROVAL

 

1.1  You may accept these Terms only if:

(a) You are a natural Person, are of the legal age, eligibility and mental capability to form a binding contract.

(b) You are a juristic Person, are lawfully existing and have all the authorizations, permits and allowances to enter into these Terms and form a binding contract.

(c) You are not legally barred or restricted from accessing the Platform or using the Services or any part of it.

1.2 We do not want You to access the Services if You do not understand, approve of or accept each and every term specified in these Terms. Hence, You are requested to read and understand the Terms carefully before approving, accepting and agreeing to be bound by it.

1.3 You will be deemed to have accepted these Terms by availing Services available on the Platform.

 

2. PROVISION OF SERVICES

 

2.1 Services provided to You are subject to Your acceptance and approval of these Terms. You are requested not to use and/ or access the Platform, Services and/ or any part thereof if You do not approve of, agree with and accept each and every term of these Terms.

2.2 The purpose of Platform is to provide Services related to booking of hotels, and curating customised itinerary for its Users, and providing other travel related information.  

2.3 You agree and acknowledge that provision of Services to You is dependent on the information You provide to access such Services. You shall ensure that all such information provided by You is always true, accurate, complete and updated.

2.4 While the Services are available to Users free of cost, We reserve the right to amend these Terms and impose a cost on the Services in future. We will use reasonable efforts to give You a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, You access paid parts of Services, cost for such paid Services shall become due and payable by You to Us and We shall have a right to recover the cost for provision of such paid Services to You, from You.

2.5 Subject to applicable Law, We may stop certain provision of Services, permanently or temporarily, or may modify or change the nature of Services and/ or these Terms at Our sole discretion, without any prior notice to You. Your use of Services following any such modification shall constitute Your deemed acceptance of these Terms (or as it may be modified).

2.6 We reserve the right to terminate accounts which appropriate the name, e-mail address, or other personally identifiable information of another individual or provide incomplete or improper personal details like name, contact number or other personal identifiable information.

2.7 We also reserve the right to refuse to approve an account of any individual or terminate an existing account with or without cause or notice (other than any notice required by applicable Law and not waived herein) for any reason at any time.

 

3. USE OF SERVICES 

 

3.1 In order to use the Services, You will require accessing the Platform through internet in such form and manner as provided by Us. We may update the Platform from time to time in order to ensure a better experience for the Users.

3.2 You will solely be responsible for maintaining the privacy and confidentiality of Your access details with respect to Your account. Any access to or use of Your account shall be construed as access or use of such account by You. You are solely responsible for all activities that occur with use of Your account. If You become aware of any unauthorized use of Your account, then You may immediately notify Us.

3.3 Use of the Platform to book hotel

3.3.1 Through the Platform, We facilitate the Users to book Our selected Offbeat Hotels, as listed on the Platform. The User must, before booking the hotel, carefully read the rules and instructions about the hotel, as mentioned on Our Platform (including Cancellation Policy). We shall not be liable for any loss/damage caused to any User due to booking of a hotel from Our Platform. 

3.3.2 It is hereby clarified that NextOnMap is not/shall not be liable for any loss/damage caused to a User due to a fault of any of the Offbeat Hotel(s) listed on Our Platform. We do not hold any liability whatsoever of any misdoing/improper service rendered by any of Our Offbeat Hotels as listed on Our Platform. We only take the responsibility of providing booking facility to the Users via Our Platform. 

3.3.3 In order to book an Offbeat Hotel, the User will have to click on the button ‘Book Now’ as available on each Hotel page. Upon clicking on ‘book Now’ button, the User will be redirected to Our WhatsApp chat. You agree and understand that in order to continue booking, You shall have to connect with Us over WhatsApp. While doing so, certain rules and policies of WhatsApp might also be applicable on You. 

3.4 Use of Platform to customised itinerary

3.4.1 Through the Platform, We also provide the Service of curating customised itinerary for Users. In order to get a customised itinerary, the User must provide the accurate information as asked on the Platform under Customised Itinerary section. It is hereby clarified that the customised itinerary will be solely curated based on the information provided by the User. We shall not be liable in case the User does not provides accurate and/or incomplete information. 

 

4. PAYMENT TERMS

 

4.1 To the extent permitted by applicable Law, You acknowledge and agree that NextOnMap may use certain third-party vendors and service providers, including payment gateways, to receive payments and manage payment card information.

4.2 In order to make online payments, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (a) You are legally authorized to provide such Payment Details; (b) You are legally authorized to perform payments using such Payment Details; and (c) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable Law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. In case of any change in Your Payment Details, You shall immediately inform Us about the same.

4.3 Except to the extent otherwise required by applicable Law, NextOnMap is not/shall not be liable for any payments authorized through the Platform using Your Payment Details. Particularly, NextOnMap is not liable for any payments that do not complete because: (a) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (b) You have not provided Us with correct Payment Details; (c) Your payment card has expired; or (d) circumstances beyond the Our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction.

4.4 Further, You hereby agree to take full responsibility for the payment of all forms of direct and indirect taxes payable upon availing Services through Our Platform as required by any city, central or state legislation which is now or may at any time in future be enacted and shall assume exclusive liability thereof, and meet all requirements thereunder pursuant to any rules or regulations.

 

5. RESTRICTIONS ON USE OF SERVICES 

 

5.1 You agree that You will not use the Services for any purpose that is illegal, unlawful or prohibited by this Agreement. You will not attempt to engage or engage in any activity that may:

(a) reverse engineer, decompile or otherwise extract the source code(s) related to the Platforms or Services or any part thereof, unless it is expressly permitted by Us in writing or is required by applicable Law;

(b) use any robot, spider, retrieval application, or other device to retrieve or index any portion of Platform or Services;

(c) collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purposes;

(d) register on the Platform to access Services or create any accounts by automated means or under false or fraudulent pretences for using the Services;

(e) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform or Services;

(f) use Services in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services, or interfere with any other third party’s access to and/or enjoyment of Services;

(g) carry out any denial of service or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Services or any part of Services or any User; or

(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any part of the Platform.

5.2 You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platforms; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platforms; and not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of Services to You or to Users generally.

 

6. TERM AND TERMINATION

 

6.1 You are bound by these Terms at all times You access Our Platform to avail the Services or otherwise. 

 

7. INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP

7.1 Use of Services shall, at all times, be governed by and subject to the applicable Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and You agree to abide by such Laws. You shall solely be responsible for any violation of any Law or for any infringement of any intellectual property rights caused pursuant to Your use of Services.

7.2 Subject to applicable Law, ownership of all intangible and/ or intellectual property developed, creating or existing (including any data generated as a result of Services) pursuant to Your use of the Services, shall ab initio rest with Us. Nothing in these Terms shall be construed as granting of any implied licenses by Us and all rights not expressly granted to You are reserved solely by Us.

7.3 You acknowledge that certain underlying technology or software used by Us in connection with Services and certain Services may contain rights of other Users or a third party and for use any such third party’s intellectual property, You may need to get permission directly from the owner of such intellectual property.

7.4 All third parties owning any intellectual property have a right to take appropriate actions against any User for any violation, infringement or passing off by such User. We respect the intellectual property rights of all Persons and do not hold any responsibility for any violations of any intellectual property rights by You or other Users.

 

8. LIMITATION OF LIABILITY

8.1 Use of Services by You is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to any User’s use of Services.

8.2 Provision of the Platform does not constitute an institution of agency between Us and any of Our Users. Our relationship with each and every individual User shall be on a principal-to- principal basis only. You are solely responsible for any breach of Your obligations under this Agreement, applicable Law and/ or the consequences of any such breach.

8.3 The Platform may include/ display links to other online platforms which are outside Our control and may contain materials that are objectionable, unlawful or inaccurate. We do not endorse or support such third-party links or the products and/ or services they provide, hence, We shall not be responsible or liable for the content, accuracy or authenticity of such third party links.

 

9. REPRESENTATIONS, WARRANTIES AND COVENANTS

 

9.1 You represent and warrant that:

(i)  You are lawfully existing under applicable Laws and have full power and authority to enter into, execute and deliver this Agreement;

(ii)  You have all necessary and valid authorizations required for performance of Your obligations under this Agreement;

(iii) this Agreement constitutes a legal, valid and binding obligation on You, enforceable against You;

(iv) You have accepted this Agreement relying on Your own business judgment and You have not been induced by any Person; and

(v)  execution, delivery and performance of this Agreement by You shall not

     (a)   violate any provision of the territorial and/ or jurisdictional laws applicable to You;

     (b)  conflict with or result in material breach or violation of any terms, or constitute default under, any other agreement by which You are bound;

     (c)    violate any order, judgment or decree against, or binding upon, Your; or

     (d)   violate any Law or regulation of India or any other country in which You maintain Your principal office (in case You are a corporate Person) or of which You are a citizen and a resident (in case You are a natural Person).

9.2 We disclaim all warranties in relation to access to or provision of Platform or Services, whether express or implied, including but not limited to:

(a) Services being constantly available or available at all;

(b) Services being successfully executed in all cases;

(c) Services being always functional without any disruption, delay or error;

(d) User’s ability to use the Services, directly or indirectly;

(e) Users’ satisfaction with the Services;

(f)  the accuracy of the data provided in the course of Service;

(h) that all bugs or errors in relation to Services will be fixed or corrected;

(i)  that Platform will be compatible with all devices, all networks and all browsers;

(j)  that use of Services is fit for a particular purpose or use, except as provided herein; or

(k) that Services are accessible in every location.

9.3 Users shall defend, indemnify and hold Us harmless from and against any third party claims, actions, demands, liabilities, judgments, and settlements, including without limitation, any loss or damage suffered by Us (including loss of reputation and/ or goodwill) and including reasonable legal fee that may result from or alleged to result from (a) such User’s unauthorized, illegal and/ or unlawful access to or use of the Services; (b) such User’s breach of any rules, regulations and/ or orders under any applicable Law; and (c) such User’s breach of any obligation under this Agreement.

 

10. GOVERNING LAW AND JURISDICTION

 

10.1 These Terms shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to these Terms shall be settled in the courts located at New Delhi, India.

 

11. MISCELLANIOUS

11.1 Severability: If any provision of these Terms is determined to be unenforceable then such provision shall, to that extent, be deemed deleted from these Terms and the legality, validity and enforceability of the remaining provisions of these terms shall not be in any way affected. Any act of either Us or the You, done prior to the provisions being held unenforceable shall be deemed to be valid and binding on the other.

11.2 Assignment: You shall not assign or transfer any of Your rights or liabilities under these Terms to any other Person, however, We may freely assign Our rights and benefits (in full or in part) under these Terms to any Person. You acknowledge that We have a right (but not the obligation) to deliver the Services either ourselves, or through any third parties.

11.3 Force Majeure: We will not be liable for any failure or delay in the performance of this Agreement due to reasons beyond Our reasonable control, including acts of war, epidemic/pandemic, acts of God, earthquake, flood, riot, embargo, sabotage, Governmental act or failure of the internet.

 

12. DISCLAIMERS

12.1 The information, software, products, and services forming parts of the Services have been contributed by various Users and may include inaccuracies or typographical errors. Any advice received or inferred via the Services should not be relied upon by the Users for any personal, legal or financial decisions and Users should consult an appropriate professional for tailored advice, specific to their situation.

12.2 We shall not be responsible for viruses, worms, trojan horses, and other harmful or destructive Content of third parties. The Platform may contain Content that is offensive, indecent, or otherwise objectionable. The Platform may also contain Content that infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to certain additional Policy and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use of the Platform, or from any downloading of Content posted on the Platform.

12.3 We reserve the right, at any time, to add to, change, update, or modify this Agreement so please review it frequently. We will endeavor to inform You of any changes incorporated in this Agreement that are significant (in Our opinion), however, You are requested to regularly visit and review this page.

12.4 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WE DO NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF PLATFORM, SERVICES AND/ OR GOODS AND/ OR SERVICES PROMOTED AND/ OR OFFERED THROUGH THE PLATFORM OR SERVICES.

13. CUSTOMER SUPPORT

13.1 Customer Support: You can reach our customer support team to address any of your queries or complaints at contact@nextonmap.in

14. DEFINITIONS AND INTERPRETATION

14.1  All the capitalized terms contained in these Terms that have not been defined elsewhere, shall mean as follows:

• “Government” or “Governmental Authority”, for the purposes of these Terms, means any statutory authority, Government department, agency, commission, board, tribunal, court, or other entity in India, or abroad, as applicable, authorized to make Laws.

• “Law” or “Laws” includes all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any Government Authority, tribunal, board or court, in India or abroad, as applicable.

• “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable Law.

• “Platform” shall mean the website www.nextonmap.in, including any updates thereof, as We may provide from time to time.

• “User” shall mean a Person who or which has successfully logged in on the Platform.

• “Services” shall mean and include the services provided by Us.

• “You” or “Your” shall mean a User who accesses or uses the Platform or Services, as provided from time to time.

14.2      Any reference to the singular includes a reference to the plural and vice versa; any reference to one gender includes a reference to the other gender(s), unless explicitly stated otherwise.

14.3      Headings and captions are used for convenience only and not for interpretation of the Agreement.

14.4      Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.

 

Last Updated on: 10/01/2024