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This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and User terms for access or usage of www.nomadgao.com website and NomadGao application for mobile and handheld devices.
These User terms (“User Terms”) mandate the terms on which users (“You” or “Your” or “Yourself” or “Users”) are interested in browsing or availing NomadGao Services (defined below), and accessing the www.nomadgao.com website and the mobile application owned and operated by Coconut Spaces Pvt Ltd (“NomadGao”, collectively referred to as the “Platform”) connects with the merchants registered on the Platform (“Partner Merchants”), merchants not registered on the Platform (“Independent Merchants”) (together hereinafter referred to as “Merchants”) and with delivery agents (“Delivery Agents”) to avail the NomadGao Services.
Please read the User terms carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. By clicking on the “I Accept” button, you accept these User terms and agree to be legally bound by the same.
Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions, and notices contained in this User Terms and Privacy Policy, along with any amendments made by NomadGao at its sole discretion and posted on the Platform from time to time.
For the purposes of these User terms, the term ‘NomadGao’ or ‘Us’ or ‘We’ refers to Coconut Spaces Pvt Ltd. The term ‘You’ refers to the user or visitor of the Website and/or App. When you use our services, you will be subject to the terms, guidelines, and policies applicable to such service and as set forth in these User terms. As long as you comply with these User Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.
GENERAL TERMS RELATING TO SERVICES PROVIDED BY “NomadGao”
You shall be permitted to access the Platform, avail of the NomadGao Services, and connect with the Booking Team on the Platform. Your ability to continue using the Platform, NomadGao Services is subject to your continued registration on the Platform. You will be required to enter your personal information including your name, contact details, and valid phone number while registering on the Platform.
As a part of the registration, you may be required to undertake a verification process to verify your personal information and set up the Account.
NomadGao shall have the right to display the information, feedback, ratings, reviews, etc. provided by you on the Platform. You agree and accept that as on the date of your registration on the Platform, the information provided by you is complete, accurate, and up-to-date. In the event of any change to such information, you shall be required to promptly inform NomadGao of the same, in writing, at least 3 (three) days prior to the date on which such change shall take effect. You acknowledge and accept that NomadGao has not independently verified the information provided by You. NomadGao shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current, or incomplete, or NomadGao has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, NomadGao reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
The Platform provides you with the following services (“NomadGao Services”):
It allows you to book with the company for your stay;
It allows you to view the items/services (“Items”) listed on the Platform by NomadGao;
iii. It allows you to book Item(s) from the Partner Merchants listed on the Platform and allows you to get the stays reserved;
It facilitates improvement in the quality of the services provided by NomadGao on the Platform based on User ratings, reviews, and feedback provided on the Platform.
Once the Bookings have been completed, as the case may be, you shall promptly notify the same on the Platform.
NomadGao may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the NomadGao Services listed above from time to time. NomadGao does not provide any guarantee to you that the NomadGao Services will be made available to you at all times.
You shall be eligible to avail of the NomadGao Services as per applicable laws. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail of Services. If you are under 18 years of age and you wish to download, install, access, or use the Platform, your parents or legal guardian must acknowledge and agree to the User Terms and Privacy Policy. Should your parents or legal guardian fail to agree to or acknowledge the User terms and NomadGao policies, you shall immediately discontinue its use. NomadGao reserves the right to terminate your Membership and/or deny access to the platform if it is brought NomadGao’s notice that you are under the age of 18 years. If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password, and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these User terms.
You shall not initiate any transaction for any Item on the Platform which is illegal, immoral, unethical, unlawful, unsafe, contains a harmful substance,s and is in violation of this User terms and applicable laws. You specifically agree that you shall not initiate any transaction on the Platform for the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, you hereby acknowledge and agree that NomadGao shall not be liable for any indirect, direct damage or loss, cost, or expense incurred by you in relation to the transactions initiated by you on the Platform.
NomadGao does not check or verify the packages that are being picked up and dropped off on behalf of you or the Items that are being delivered to you by the Delivery agent, and therefore NomadGao shall have no liability with respect to the same. However, if it comes to the knowledge of NomadGao that you have packed any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Platform to deliver any illegal or dangerous substance, NomadGao shall have the right to report You to the government authorities and take other appropriate legal actions against you.
You release and fully indemnify NomadGao and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have on this behalf under any applicable laws of India. Notwithstanding its reasonable efforts on that behalf, NomadGao cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other Users’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
NomadGao shall be entitled at any time without giving any reason, to terminate your request for any NomadGao Service.
You hereby agree that NomadGao shall not be liable for any conduct or misbehavior or actions of other guests with respect to any transactions initiated on the Platform. Further, you agree that NomadGao has no control over the Items provided to you by the Merchants, and therefore, NomadGao shall not incur any liability with respect to such Items. However, keeping in mind the interests of the Users, We have informed our Merchants to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging
You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Rooms around the choice of your location at the time of such scheduling and re-scheduling a transaction. If you choose to reschedule a transaction on the Platform at a later point in time, you shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per your convenient time.
If a transaction initiated by you on the Platform cannot be completed, NomadGao shall notify you on the Platform.
You agree to provide as much information as possible on the Platform with respect to the Items/services you wish to purchase/avail, of using the Platform.
NomadGao shall use your location-based information that is captured by NomadGao through a global positioning system when you are using your mobile device to request a NomadGao Service on its m-app. Such location-based information shall be used by NomadGao only to facilitate and improve the NomadGao Services being offered to you.
We cannot fulfill any tasks which are immoral or unlawful in nature. NomadGao reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by NomadGao’s internal policies or as per the independent discretion of NomadGao. NomadGao may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are a party.
You hereby acknowledge that if you have any complaint with respect to the NomadGao Services, you will first inform NomadGao in writing within 24 (twenty-four) hours of using such NomadGao Services.
You are solely responsible for and in control of the information you provide to us. Compilation of User Accounts and User Accounts bearing contact numbers and e-mail addresses are owned by NomadGao. Further, you understand and agree that certain information will be case-sensitive and must be handled with prudent care.
In the case where the Platform is unable to establish a unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. NomadGao reserves the full discretion to suspend a User’s Account in the above event and does not have the liability to share any Account information whatsoever.
Booking Services: While initiating a request for a Booking Service, you shall pay for the price of the Stay you require at the Check-in Desk at the time of arrival. The transaction for the Booking Service will be initiated on the Platform once you have completed the payment for the same on the Platform. In certain exceptional circumstances, if the Booking price of the Item is not available on the Platform, you shall be required to pay the purchase price of the Item, through the Platform, as may be communicated to you by the NomadGao Team.
b.Coworking Services: While availing of Coworking Service, you shall pay the purchase price of the Service through the Platform, as may be communicated to you by the Booking agent on behalf of the NomadGao Team. Only upon processing such an agreed amount via Platform, shall the Delivery agent purchase the Item on your behalf.
Eligibility to Use
The NomadGao Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by NomadGao from accessing the Platform for any reason whatsoever. You represent that you are of legal age to form a binding contract and are not a person barred from receiving using or availing NomadGao Services under the applicable laws. If you are under 18 years of age and you wish to download, install, access, or use the Platform, your parents or legal guardian must acknowledge and agree to the User Terms and Privacy Policy. Should your parents or legal guardian fail to agree to or acknowledge the User terms and NomadGao policies, you shall immediately discontinue its use. NomadGao reserves the right to terminate your Membership and/or deny access to the platform if it is brought NomadGao’s notice that you are under the age of 18 years.
NomadGao reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without any reasons for doing so.
You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person for the purpose of creating an account with the Platform.
In order to use the Platform and avail of the NomadGao Services, You will have to register on the Platform and create an account with a unique user identity and password (“Account”). If you are using the Platform on a compatible mobile or tablet, you will have to install the application and then proceed with registration.
You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under your Account. You agree to
immediately notify NomadGao of any unauthorized use of your Account information or any other breach of security; and
ensure that you exit from your Account at the end of each session.
NomadGao cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by NomadGao or any other User of or visitor to the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential. Use of another User’s Account information for using the Platform is expressly prohibited.
Subject to compliance with the User terms, NomadGao grants you a non-exclusive, limited privilege to access and use this Platform and the NomadGao Services.
You agree to use the Platform only: (i) for purposes that are permitted by this User terms; and (ii) in accordance with any applicable law, regulation, or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by NomadGao or Delivery agent(s) or Merchants or other Users.
You represent and warrant that you have not received any notice from any third party or any governmental authority and no litigation is pending against you in any court of law, which prevents you from accessing the Platform and/or availing the NomadGao Services.
You represent and warrant that you are legally authorized to view and access the Platform and avail of the NomadGao Services.
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by NomadGao. You shall not use any deep-link, robot, spider, or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any NomadGao Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
You acknowledge and agree that by accessing or using the Platform, you may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable. NomadGao disclaims all liabilities arising in relation to such offensive content on the Platform.
Further, You undertake not to:
defame, abuse, harass, threaten, or otherwise violate the legal rights of others;
do any such thing that may harm minors in any way;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent, or unlawful topic, name, material, or information;
copy, republish, post, display, translate, transmit, reproduce or distribute any NomadGao Property through any medium without obtaining the necessary authorization from NomadGao;
conduct or forward surveys, contests, pyramid schemes, or chain letters;
upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
upload or distribute files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any NomadGao server, or through the Platform, by hacking, password mining or any other illegitimate means;
probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided on the Platform;
disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
collect or store data about other Users, Merchants, Delivery agent in connection with the prohibited conduct and activities set forth herein;
use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
use the Platform or any material or NomadGao Property for any purpose that is unlawful or prohibited by these User terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
impersonate any other User, Merchant, Delivery agent or person;
violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
violate the User terms contained herein or elsewhere;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
You agree and acknowledge that the use of the NomadGao Services offered by NomadGao is at your sole risk and that NomadGao disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
Without prejudice to the above, NomadGao makes no representation or warranty that the NomadGao Services will meet your requirements.
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
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.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Platform in breach of these User terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Disclaimer of Warranties & Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The platform may be under constant upgrades and some functions and features may not be fully operational.
The Platform, NomadGao Services are provided by NomadGao on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, NomadGao makes no warranty that
the Platform, NomadGao Services will meet your requirements or your use of the Platform will be uninterrupted, timely, secure or error-free;
the quality of the Platform will meet your expectations; or
any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by you from NomadGao shall create any warranty not expressly stated in the User terms.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of CREDIT/ DEBIT CARDS.
NomadGao will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. NomadGao also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
NomadGao will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform either with or without your knowledge.
NomadGao disclaims all liability that may arise due to any violation of the FOOD SAFETY AND STANDARDS ACT, 2006 and applicable rules and regulations made thereunder and such liability shall be attributed to the merchant.
While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials 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 service 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.
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 the platform. 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.
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 merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless NomadGao and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, representation or warranty by you pursuant to these User terms.
Further, you agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform, NomadGao Services, any misrepresentation with respect to the data or information provided by you in relation to the Account, your violation of the User terms, or your violation of any rights of another, including any intellectual property rights.
In no event shall the Indemnitees, be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with your use of or access to the Platform or NomadGao Property on the Platform.
Your indemnification obligation under the User terms will survive the termination of your Account or use of the Platform or NomadGao Services.
Subject to applicable laws, in no event will NomadGao or its employees aggregate liability, arising from or related to the NomadGao Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by you or on behalf of you.
Users shall not access or use the Platform from any other jurisdiction except for India. If a User accesses or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and NomadGao shall not be liable for the same, whatsoever.
You agree that any violation by you of these User terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to NomadGao and its affiliates including but not limited to its officers, directors, consultants, agents and employees, as the case may be, for which monetary damages would be inadequate, and you consent to NomadGao obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that NomadGao may have at law or in equity. If NomadGao takes any legal action against you as a result of your violation of these User terms, they will be entitled to recover from you, and you agree to pay, all reasonable advocates’ fees and costs of such action, in addition to any other relief that may be granted.
The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). NomadGao shall not be responsible for examining or evaluating such third party websites, and NomadGao does not warrant the products or offerings of any of these businesses or individuals, or the accuracy of the content of such third party websites. NomadGao does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before you use/access any such third-party websites, you should review the applicable User terms and policies for such third party websites. If you decide to access any such linked third party website, you do so at your own risk.
These User terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, forum or applicable authorities at Goa.
In the event you come across any abuse or violation of these User terms or if you become aware of any objectionable content on the Platform, please report the same to the following e-mail id: [email protected] . In case you have any queries with respect to the Terms or the NomadGao Services, please write to us at [email protected] .
Receiving Communications
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from NomadGao, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, you may still receive communications from your end with respect to your use of the NomadGao Service.
These User Terms are subject to modifications at any time. We reserve the right to modify or change these User Terms and other NomadGao policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the User Terms and the other NomadGao policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended User Terms and other NomadGao policies. As long as you comply with these User Terms, NomadGao grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these User Terms, you also accept and agree to be bound by the other terms and conditions and NomadGao policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.
Notice:
All notices from NomadGao will be served by email to your registered email address or by general notification on the Platform.
Transfer of rights:
You cannot assign or otherwise transfer the User terms, or any rights granted hereunder to any third party. NomadGao’s rights under the User terms are freely transferable by NomadGao to any third party without the requirement of informing you or seeking your consent.
If, for any reason, a court of competent jurisdiction finds any provision of the User terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the User terms shall continue in full force and effect.
Waiver:
Any failure by NomadGao to enforce or exercise any provision of the User terms, or any related right, shall not constitute a waiver by NomadGao of that provision or right.
These User terms together with NomadGao’s Privacy Policy and any other legal notices, communications published by NomadGao on its Platform, and any other agreements executed between You and NomadGao shall constitute the entire agreement between You and NomadGao concerning its Platform, NomadGao Services and governs Your use of the Platform and NomadGao Service, superseding any prior agreements between You and NomadGao with respect to the Platform and NomadGao Service
If You believe the Platform violates your intellectual property, you must promptly notify NomadGao in writing at (Make an email ID for legal). These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the Platform. You are required to provide the following details in your notice:
the intellectual property that You believe is being infringed;
the item that you think is infringing and include sufficient information about where the material is located on the Platform;
iii. a statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
Your contact details, such as your address, telephone number, and/or email;
a statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
Your physical or electronic signature.
Offer:
You hereby agree and acknowledge that the Offers are being extended by NomadGao at its sole independent discretion and nothing shall entitle you to any of the Offers. You shall read the terms and conditions of the Offers carefully before availing them.