Terms of services

Terms of services

  1. ABOUT THESE TERMS

    1. This agreement lists out various terms and conditions (T&Cs) which govern your access to nomadnxt account as well as the services which are offered by nomadnxt. Kindly read these terms and conditions carefully since they contain important and key provisions as to your access to nomadnxt services including delivery, contingent liabilities, chargebacks, and cancellations. You must accept and agree to abide by the Terms and Conditions before accessing or using the Platform or availing of any of the facilities, products or services offered on the Platform. Please note that by clicking on “Sign Up” it will be deemed that you have read and understood the Terms and Conditions and thereby agree to accept and abide by them.
    2. In case you do not agree to accept and abide by the Terms and Conditions stated herein, please do not access or use this Platform or any pages thereof and please do not avail of any of the Facilities, products or services offered on or through the Platform.

  2. DEFINITIONS AND INTERPRETATIONS

    1. ‘Account’ means an account (with nomadnxt.com), through which you can book accommodation on our Platform.
    2. ‘Accommodation’ means the provision of an accommodation service by a Service Provider.
    3. ‘Booking’ means the booking of an accommodation on our Platform, whether you pay for it now or later.
    4. ‘nomadnxt.com, ‘us’, ‘we’ or ‘our’ means NomadNxt Innovation Private Limited (for accommodation)
    5. ‘Booking Confirmation’ means the confirmation email and voucher we send you, explaining the details of your Booking.
    6. “Customer“, means a person or organization who applies to, or registers to use, or use the service to book accommodations in Nomadnxt.com.
    7. ‘Currency Conversion Rate’ means the rate that we use to convert currency.
    8. ‘Pay In Your Own Currency’ means the payment option that we sometimes offer when a Service Provider doesn’t use your currency. This option lets you pay in your currency instead. (Payment Receiving)
    9. ‘Payment Method’ means the method used to pay for a Booking, which might be a credit/debit card, or an alternative payment method.
    10. ‘Platform’ means the website/app on which you can book accommodation, owned or aamanaged by Nomadnxt.com (throughout clause 3)
    11. “Registration” means registration of users mobile number or email ID as per registration procedure of nomadnxt.com.
    12. ‘Service Provider’ means the provider of an accommodation-related product or service on the Platform, the owner of a hotel or other property (for an 'accommodation' Booking).
    13. ‘Terms’ means these terms of service.
    14. ‘Wallet’ means a dashboard in your Account that shows your Rewards, Credits and other incentives.

  3. PLATFORM

    1. The Platform facilitates the display and offering of accommodations for customers and the registered service providers for facilities by nomadnxt on a no-liability and no-obligation basis. We are not a party to the terms between you and the Service Provider. The Service Provider is solely responsible for the accommodation.
    2. Information and facilities on the platform may be displayed and offered in a phased manner at the discretion of nomadnxt. We have the right to introduce new information and facilities in its discretion and add, modify, suspend or withdraw any information or facility or the terms thereof in whole or in part with/without any prior notice.
    3. We take reasonable care in providing our Platform, but we can’t guarantee that everything on it is accurate (we get information from the Service Providers). To the extent permitted by law, we can’t be held responsible for any errors, any interruptions, or any missing bits of information - although we will do everything we can to correct/fix them as soon as we can.
    4. To make a Booking, you may need to create an Account. Please make sure all your info (including payment and contact details) is correct and up to date, or you might find you can’t access your page. You are responsible for anything that happens with 2 your Account, so please do not let anyone else use it, and please keep your username and password secret.
    5. When you make a Booking, it’s directly with the Service Provider. We’re not a ‘contractual party’ to your Booking. NomadNxt Innovation Pvt. Ltd. owns and operates the Platform (nomadnxt.com). Our Platform only shows Accommodations that have a commercial relationship with us, and it doesn’t necessarily show all their products or services.
    6. We provide the Platform on which Service Providers can promote and sell their Accommodations – and you can search for, compare and book them. Once you have booked your Accommodation, we will provide you and the Service Provider with details of your Booking, including the names of the guest(s). Depending on the terms of your Booking, we may be able to help you change or cancel it if you wish to.
    7. If any of the Terms and Conditions are not acceptable to you or you disagree with any material on the Platform, your sole and exclusive remedy is to discontinue using the Platform.

  4. ELIGIBILITY

    1. Unless otherwise indicated, you need to be at least 16 to use the Platform.
    2. The platform is not available to anyone previously suspended or removed by nomadnxt.com from availing the Services or accessing the platform.
    3. In case of a corporation, trust, association of persons or a firm, which can enter into legally binding contracts under applicable law and shall be authorized to agree to the Terms and Conditions and to access, use and avail the Website and the Services.
    4. Thus, by accepting the T&Cs or by otherwise using the Services on the Platform, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all the T&Cs as part of this agreement. Further, documents and information provided to us are true and complete in all respect. You shall not impersonate any person or entity or mislead or otherwise misrepresent your identity, age or affiliation with any person or entity.
    5. Furthermore, in the event of any violation of the T&Cs, we reserve the right tosuspend or permanently preclude such user from availing the Services or using the Platform. Such suspension may be with or without prior notice, at our discretion.
    6. Apart from suspension and blocking of ID, we have right to debit or credit the wallet if the circumstances required it to do so. Such debit/credit of wallet may be with or without prior information to the concerned user.

  5. PRICES

    1. When you make a Booking, you agree to pay the cost of the accommodation including any charges and taxes that may apply.
    2. Some of the prices you see may have been rounded to the nearest whole number. The price you pay will be based on the original, 'non-rounded' price (although the actual difference will be tiny anyway).
    3. Obvious errors and misprints are not binding.

  6. PAYMENT

    1. For some products/services, the Service Provider will require an Upfront Payment and/or a payment taken during your Travel Experience.
    2. If the Service Provider requires an Upfront Payment, it may be taken or pre-authorised when you make your Booking, and it may be non-refundable. So before you book, please check the Service Provider’s Upfront Payments policy (available during the booking process), which we don’t influence and aren’t responsible for.
    3. If you know of or suspect any fraud or unauthorised use of your Payment Method, please contact your payment provider, who may cover any resulting charges, possibly minus an excess.
    4. If the currency selected on the Platform isn't the same as the Service Provider's currency, we may:
      • show prices in your own currency
      • offer you the Pay In Your Own Currency option.

      You’ll see our Currency Conversion Rate during checkout, in the Booking details of your Account, or (if you don’t have an Account) in the email we send you. Your card issuer may charge you a foreign transaction fee.

    5. We will store your Payment Method details for future transactions after collecting your consent.

  7. LIMITATION OF THE USE

    1. You are not permitted to use the Platform for any purpose which is unlawful as per constitution of Nepal.
    2. You are not allowed to provide any false personal information or create an account for anyone other than of yourself without permission.
    3. You undertake that you will use the Platform only for its intended use to obtain the Service. You may not abuse or use the Platform for fraudulent purposes or to cause any inconvenience to others.
    4. You will keep confidential and will not abuse the information and services you receive from using the Platform.
    5. You understand and agree that your use of the Platform will also be subject to our Privacy Policy as may be amended from time to time. By using the Platform, you also give your consent as required under our Privacy Policy.
    6. You will keep your contact information accurate and up-to-date.
    7. You will not share your password (or), let anyone else access your account, or do anything else that might jeopardize the security of your account.

  8. INDEMNITY

    1. You agree to defend, indemnify and hold nomadnxt.com , its directors, advisors, officers, employees, Affiliates Partners, and Content and Service Providers harmlessfrom any and all claims, liabilities, damages, costs, expenses and proceedings,including reasonable attorneys’ fees, arising in any way from your use of the Platformor the placement or transmission of any message, information, software or othermaterials through the Platform by you or users of your ID and password or related to anyviolation of the Terms and Conditions by you or users of your ID and password, and anyclaims dispute or differences between you and any Supplier.
    2. If anyone brings a claim against us related to your actions, content or information on the Platform, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. We try to keep the Platform, error-free, and safe, but you shall use it at your own risk. We are providing Platform “as is” without any express or implied warranties including, but not limited to implied warranties.

  9. GOVERNING LAW & JURISDICTION

    1. The Platform, the Terms and Conditions, all transactions entered into on or through the Platform, and the relationship between you and Nomadnxt.com (or Platform owner) shall be governed by and construed in accordance with the laws of Nepal and no other nation, without regard to the laws relating to conflicts of law.
    2. You and Nomadnxt.com (or Platform owner) agree that all claims, differences, and disputes arising under or in connection with or pursuant to the Platform, the Terms and Conditions, any transactions entered into on or through the Platform or the relationship between you and Nomadnxt.com (or Platform owner) shall be subject to the exclusive jurisdiction of the competent courts located in Kathmandu, Nepal and you hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if Nomadnxt.com so thinks fit Nomadnxt.com may institute proceedings against you in any other court or tribunal having jurisdiction.
    3. Nomadnxt..com accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of Nepal. The mere fact that the Platform can be accessed or used or any facility can be availed of in a country other than Nepal would not mean that the laws of such country would be applicable.

  10. NO WAIVER

    1. Access to the Platform, its service, agreement with the Terms and Conditions does not create an agency, partnership, joint-venture, or employer-employee relationship between you and Nomadnxt.com or any Service Provider, except where otherwise specifically agreed or appointed.
    2. The failure or delay of Nomadnxt.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of Nomadnxt.com shall be valid unless it is in writing signed by or on behalf of Nomadnxt.com. A waiver of any right or provision by Nomadnxt.com on a particular occasion shall not prevent Nomadnxt.com from enforcing such right or provision on a subsequent occasion.

      (If we delay somehow some service to the client, our right → to notify the client in any late response in ethical prospect is not we are legally bind by it and can notifyclient)

  11. LIMITATION

    1. Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Platform or any Facility or the Terms and Conditions must be filed within 30 days after such claim or cause of action arose failing which it shall be forever barred.

  12. NOTICES

    1. Nomadnxt.com may provide you notices and communications by e-mail, letter, telephone or any other means as Nomadnxt.com may deem fit to the address last given by you. Notices under the Terms and Conditions may be given to Nomadnxt.com by you in writing by delivering them by hand or by sending them by post address mentioned on the Platform. Nomadnxt.com may, but shall not be bound to, act upon notices and instructions given by you by e-mail, letter, telephone or any other means.

  13. MISCELLANEOUS

    1. The clause headings in the Terms and Conditions are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the Terms and the Conditions.
    2. Nomadnxt.com may sub-contract or employ agents to carry out any functions or services relating to the Platform or any of its obligations under the Terms and Conditions.
    3. You must at your own cost: provide for your own access to the World Wide Web and pay any service fees, telephone charges and online service usage associated with such access, and provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
    4. The content presented at the Platform may vary depending upon your browser limitations.

  14. INTELLECTUAL PROPERTY RIGHTS

    1. Unless otherwise stated, all rights in our Platform nomadnxt.com/nomadnxt application (technology, content, trademarks, look & feel, etc.) are owned by Nomadnxt Innovation Pvt. Ltd. and by using our Platform you agree to do so for its intended purpose only and respecting the conditions.
    2. You are not allowed to monitor, copy, scrape/crawl, download, reproduce or otherwise use anything on our Platform for any commercial purpose without written permission of Nomadnxt Innovation Pvt. Ltd.
    3. By uploading any picture to our Platform (with a review, for example), you’re confirming the following:
      • it is truthful (you haven’t altered the picture, for example, or uploaded a picture of a different property)
      • it does not contain any viruses
      • you are allowed to share it with us
      • We are allowed to use it on our platform and in relation to further commercial purposes (including in a promotional context), everywhere, forever (when you let us know we can no longer use it we will consider any such reasonable request)
      • it does not infringe the privacy rights of other people
      • you accept full responsibility for any legal claims against Nomadnxt Innovation related to it.
    4. We are not responsible and liable for any picture uploaded to our Platform, we are allowed to remove any picture upon our discretion (for instance, if we detect that a picture does not meet the above criteria).
    5. We are not responsible and liable for any picture uploaded to our Platform, we are allowed to remove any picture upon our discretion (for instance, if we detect that a picture does not meet the above criteria).
    6. All the rights on the Platform are reserved and you may not download and/or save a copy of the Platform or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means – electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of NomadNxt Innovation Pvt. Ltd. or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits our Platform. If any violation of the same has been found then can NomadNxt Innovation Pvt. Ltd take legal action as per “The Patent, Design and Trademark Act, 2022 (1965)”.

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