General Terms and Contitions
Last Updated July 5, 2020
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Tripnxt.com is a free online travel listing platform for Hosts who are interested to list their cab services, experiences, tours or activities for travellers from all around the world. It aims to empower local Hosts to earn money by hosting a private or group tour in their city.
Travellers can book cab services, experiences, tours, and activities through our website with the Hosts all over India.
By purchasing an offering through our platform, the user enters into a direct contractual relationship with the Host of whose they purchase the cab services, experiences, tours or activities. TripNxt acts as an intermediary between Traveller and Host when the booking is made through us.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
By using the Site, you represent and warrant that:
✦ All registration information you submit shall be true, accurate, current, and complete.
✦ You will maintain the accuracy of such information and promptly update such registration information as necessary.
✦ You are not a minor in the jurisdiction in which you reside.
✦ You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
✦ You will not use the Site for any illegal or unauthorized purpose.
✦ Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). We have all the right to claim the damages caused because of above-mentioned activities.
You are required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
CODE OF CONDUCT FOR USERS
✦ You will respect the professionalism of the Host.
✦ You will not behave in an offensive, harassing, aggressive, racist or threatening nature, or with sexual abuse, any violence, discrimination or hatred towards the Host and surrounding people.
✦ You will respect local customs and rules & regulations.
✦ You will not contact the Host for a purpose other than the Trip booked with us for that particular booking.
You should not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
✦ Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
✦ Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
✦ Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
✦ Make improper use of our support services or submit false reports of abuse or misconduct.
✦ Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
✦ Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
✦ Use any information obtained from the Site in order to harass, abuse, or harm another person.
✦ Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
✦ Engage in unauthorized framing of or linking to the Site.
✦ Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
✦ Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
✦ Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
✦ Delete the copyright or other proprietary rights notice from any Content.
✦ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
✦ Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
✦ Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
✦ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
✦ Use the Site in a manner inconsistent with any applicable laws or regulations.
✦ We have all the rights to claim the damages caused because of the above mentioned prohibited activities.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
✦ The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
✦ Your Contributions are not false, inaccurate, or misleading.
✦ Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
✦ Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
✦ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
✦ Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
✦ Your Contributions do not violate any applicable law, regulation, or rule.
✦ Your Contributions do not violate the privacy or publicity rights of any third party.
✦ Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
✦ Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
✦ Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
The Contributions are posted by the user and we do not hold any responsibility for it. If you have any objection or copyright issues on the Contributions, you can mail us at firstname.lastname@example.org.
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your images, videos & voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
✦ You should have firsthand experience with the person/entity being reviewed.
✦ Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
✦ Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
✦ Your reviews should not contain references to illegal activity.
✦ You should not be affiliated with competitors if posting negative reviews.
✦ You should not make any conclusions as to the legality of conduct.
✦ You may not post any false or misleading statements.
✦ You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that becomes associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
TripNxt.com does not warrant that this website and/or our services will be uninterrupted, is free from viruses, other harmful software or error-free. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change, add, remove or update the information on the Site at any time, without prior notice to any user.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or email address, a fake or borrowed name or email address, or the name of any third party or email address, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
All prices on TripNxt are quoted per person including taxes. However, Service charges may be charged on site. The prices are specified by the Host and not by TripNxt.
✦ The services costs on Tripnxt.com are including Host fees and are paid by the users.
✦ Tripnxt Hospitality Private Limited is permitted to collect the invoiced amount in the name of and on behalf of the Host.
✦ The amount can be converted in various currencies on Tripnxt.com but the transaction will always be in INR, your bank may charge a conversion fee.
✦ Any refunds on behalf of Host are also processed by Tripnxt Hospitality Private Limited.
✦ For any purchase on Tripnxt.com user has to register.
TYPES OF CAB BOOKINGS FACILITATED BY TripNxt
✦ Outstation Cab: This enables User(s) to book vehicles operated by cab operators having All India Tourist Permit (AITP) vehicles and operating between two separate cities. On the basis of the demand/requirement of the User, TripNxt as a facilitator connects the User with the concerned cab operator.
✦ Airport Pickup & Drop: This shall exclusively cater to the needs of User intending to travel from and to the Airport. The service provided is intracity in nature and shall not facilitate the User to book intercity Airport pickup & drops.
ROLE OF TripNxt AND LIMITATION OF LIABILITY
✦ TripNxt does not operate cab services on its own. In order to provide a comprehensive choice of cab services, cab types and prices to User, it has tied up with many Cab Operators.
✦ TripNxt acts only acts a facilitator between the Cab Operator and User. The transaction is always between the Cab Operator and the User.
✦ It is the sole responsibility of the Cab Operator to ensure it has all the requisite licenses, approvals, insurance and permits from appropriate authorities required to undertake the travel booked. TripNxt gives no warranty or assurance in regard to requisite licenses, approvals, insurance and permits which the Cab Operator is supposed to obtain from appropriate authores.
✦ TripNxt shall not be responsible in any manner whatsoever for any claims with respect to the trip including without limitation, claims pertaining to timeliness, safety, continuity, uninterrupted travel, quality, conditions of vehicle or driving skill, the Cab not departing or reaching on time, behavior of the cab driver, interiors of the Cab, cancellation of the trip by the Cab Operator due to any reason whatsoever, the baggage of the User getting lost, stolen or damaged, the Cab Operator providing a different type of Cab to the User, the User waiting at the wrong boarding point, the User being dropped to nearest location by the driver of the Cab due to any unavoidable circumstances, or any act or omission of Cab Operator causing accident, loss of life to the User.
✦ TripNxt will not be liable to User or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of the information derived by User through usage of Website, in so far as such information is provided by the Cab Operator.
✦ In case of break down or accident of Cab where Cab Operator has been unable to make alternative arrangement, TripNxt shall provide proportionate refund to User for uncovered distance. Any claims, liabilities or legal costs arising out of such event shall be borne by the Cab Operator.
PAYMENT FOR BOOKINGS AND ANY ADDITIONAL PAYMENTS
✦ Booking of a Cab is “Part Payment” on the Website of TripNxt.
✦ In “Part Payment” model, the User is required to pay 50 percentage of the total booking amount at the time of making the booking and balance payment shall be made directly to the driver at the time of check-in or end of the trip.
✦ Any booking is subject to applicable cancellation policy set out on the booking page or as communicated to the User(s).
✦ Expenses like toll charges, permit charges, parking charges, entry fees, Service Tax & any other Government Tax as per Government guidelines are to be borne by the User and paid directly to the driver.
✦ The estimate cost provided at the time of booking is not to be construed as the final pricing for your trip unless specifically indicated. The final amount for your trip will be calculated based on actual usage (number of Kilometers and hours). Distance and time are calculated from garage to garage and not from the pick-up of the User for both within city and outside city trips.
✦ The night allowance wherever applicable has to be paid directly to the driver.
RESPONSIBILITIES OF THE USERS
✦ The User must carry a valid photo-id proof during the trip, show the voucher which has been sent in mail to the Cab Operator or driver of the Cab before boarding the Cab. In the event of a mismatch in the identity of the User or traveller, the Cab Operator or the driver of the Cab may, at their discretion, deny boarding to such User.
✦ Cab Operator is obligated to commence the trip as soon as the User boards the Cab. User shall report to TripNxt Support in case the driver denies to commence the trip for any reason whatsoever.
✦ User shall board the Cab on or within such time as informed at the time of booking or provided in the booking voucher. In case the User fails to board the cab within the given timeline, Cab Operator will have the liberty to cancel the booking without informing the User.
✦ User will not have any right, title or interest in the Cab provided for the given trip.
✦ Once a Trip is booked by User, changes in departure time, boarding or dropping points are not permitted.
✦ Any failure by User to board the Vehicle within the given timelines at the boarding point or trip commencement point, shall result in forfeiture of the total booking amount paid by the User without any refund rights.
✦ User shall stop and take breaks at specified places only. User shall avoid taking additional breaks except in case of emergency.
✦ User shall be responsible and liable for their own safety and security of luggage. TripNxt shall not be responsible for any loss to User or their luggage in any event.
✦ In the event of any dissatisfaction with any of the services provided by Cab Operator or TripNxt, the matter must be reported directly to Cab Operator or TripNxt, in order that appropriate action may be taken to remedy the problem.
✦ The booking made by the User should be strictly for tourism purposes only.
✦ The trip should be undertaken in the User’s personal capacity and shall not be used for profit making in any commercial context.
DO’s AND DON’Ts FOR THE USER
THE USER SHALL:
✦ Arrive on time at the appointed pick up point as mutually agreed with Cab Operator;
✦ Maintain and ensure good and humble conduct with Cab Operator during the trip and on failure to do so, Cab Operator may require such User to disembark the Cab;
✦ Prior to commencement of trip, check and agree with Cab Operator on dimension/weight of the luggage that can be accommodated in the boot space of the Cab;
✦ Check the starting time and the reading on the odometer at the start of the trip. Disputes regarding the same will not be acceptable after completion of journey.
THE USER SHALL NOT:
✦ Ask Cab Operator to violate any traffic rules, or the city police or government rules or other applicable laws for any reason whatsoever;
✦ Coerce Cab Operator to overload the boot space of the Vehicle with the User’s luggage;
✦ Use services offered under this head for any purpose which is unlawful or illegal under the applicable laws;
✦ Insist on disembarking at any place expect the point of drop as provided by the User at the time of booking;
✦ Board the Cab if he/ she is intoxicated or under influence of any drug or similar abusive substances.
CANCELLATIONS & REFUNDS
For cancellation policy and refunds, please visit Cancellation Policy
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
TRIPNXT HOSPITALITY PRIVATE LIMITED
No. 75, Taarulya Homes, 1st Main, 2nd Cross,
L N Temple Road, Munnekolala, Marathahalli,
Bengaluru - 560037
Phone: +91 6364513355