READ THE FOLLOWING AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT RIGHTS AND OBLIGATIONS OF THE USERS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO THEM. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
This user agreement ("Agreement") incorporates the terms and conditions for “SolutionWings Technologies Private Limited”, which will be called WeNomads for the sake of brevity. and its affiliates (hereinafter referred to as “WeNomads”) to provide services to the person (s) (the “User") intending to purchase/avail or inquiring for any products and/ or services of WeNomads by using WeNomads’.'s Website called wenomads.com (“Website”) or using any other customer interface channels of Website.
(Both User and WeNomads are individually referred as 'Party' to the agreement and collective referred to as 'Parties')
The Website is an internet based platform/online marketplace for sale and purchase of specific tour packages (Specialty Tours) and travel products of various tour operators (domestic as well as international) and services including, inter alia, providing services of ticketing portal for tour and trips. Through the Website, WeNomads provides the Users all related information pertaining to tour and trips, pricing and booking services for such tour and trip events.
The Users availing services from WeNomads shall be deemed to have read, understood and expressly accepted the terms and conditions of this Agreement, which shall govern the desired transaction or provision of such services by WeNomads for all purposes, and shall be binding on the User.
In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered by WeNomads and/or services/products offered by sellers on the Website. Such TOS will be provided/ updated by WeNomads or the third party seller, as the case may be, which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.
TERMS OF SERVICES: GENERAL
The User undertakes that he/she will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further undertakes to comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
As User is required to maintain his/her account on the Website, it shall be the duty of the User to notify WeNomads immediately, in writing, of any unauthorized use of their password or account or any other breach of security related to their account on the website. WeNomads will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his/her password or account, either with or without his/her knowledge. The User shall not use anyone else's password at any time. As a recommended safe practice, user should change their passwords at regular interval.
Any information which is specifically mentioned by WeNomads as Confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by applicable law or to serve the purpose of this agreement and the obligations of both the parties therein.
Third Party Relationship
The User acknowledges that WeNomads shall not be held responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. WeNomads does not endorse any advertiser on its Website/web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Prohibition Against unlawful use
As a condition of the use of the Website, the User warrants that he/she will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
The User acknowledges and agrees that he/she shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Save as provided in this Agreement none of the Parties shall have any right, power or authority, whether express or implied, to enter into, assume any duty or obligation on behalf of or bind any of the others and nothing in this Agreement shall constitute a partnership, joint venture, or relationship of principal or agent between any of the Parties.
The User acknowledges and undertakes that he/she is accessing the services on the website and transacting at his/her own risk and are using his/her best and prudent judgment before entering into any transactions through the Website. WeNomads shall neither be liable nor responsible for any actions or inactions of sellers, advertisers who advertise their products/services nor any breach of conditions, representations or warranties by the sellers or manufacturers or offerors of the products/services and hereby expressly disclaim and any all responsibility and liability in that regard. WeNomads shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers or offerors of the products/services.
WeNomads further expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products/services listed or displayed or transacted or the content (including product information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products/services sold/availed through or displayed on the website vest with WeNomads nor shall WeNomads have any obligations or liabilities in respect of any transactions on the website.
Alterations of terms of service
WeNomads reserves the right to make changes to our Website, policies, and these Conditions of Use at any time. The User will be subject to the policies and Conditions of use in force at the time that you use the Website or that you avail any service from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to service previously availed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
Indemnity and Release
The User shall indemnify and hold harmless WeNomads from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of User’s breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
The User hereby expressly release WeNomads from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors/service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
WeNomads shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that occurs to the User after commencement of using the Website.
WeNomads shall not be held responsible and liable for any delay or failure to comply with our obligations, if the delay or failure arises from any cause which is beyond our reasonable control.
TERMS OF SERVICES: EVENT SPECIFIC
The User understands that various tour operators (Tour Partners), engaged in the business of promoting and organizing various tour, trips and events (Events), avail the services of WeNomads for facilitating the booking between the tour operators and Users. There are some Events which are by invitation only (Invitation Events).
Responsibility of WeNomads:
WeNomads shall act as a booking facilitator between the Tour Partners and the Users desirous of participating in the Events. The scope of work of WeNomads shall be limited to handling the Events participation payment transaction on Website and collecting payments from the Users for and on behalf of the Tour Partner. Apart from this service, WeNomads shall also endeavour to develop social media links between the Users and the Tour Partner who avail services of WeNomads and its Website.
WeNomads, on receipt of payment from Users towards for participation in any Event and their details as required by the Tour Partner, shall generate an e-receipt to the Users. It is hereby clarified that this e-receipt shall just be an acknowledgement by WeNomads to the Users for receipt of payments made by them towards their Application and shall not guarantee, in any manner, the participation in the Events. An invoice shall be raised by the Tour Partner to confirm the Application of the confirmed Users, which shall be provided to the Users by WeNomads.
In case the participation in the Event is by invitation only, which shall be disclosed in the travel plan provided by the Tour Partner, the Tour Partner reserves the right to confirm and decline application of the Users for participation (Application) in the Events. The role of WeNomads shall be limited to collecting the payment from the Users towards the Application and transferring it to the Tour Partner upon confirmation of the participation by the Tour Partner.
In the event the Application of the any of the User is rejected by the Tour Partner (Rejected User), WeNomads shall endeavor to assist the Rejected User in getting the refund of the amount paid by the Rejected User towards the Application. It is hereby clarified that, in no event, WeNomads shall be held liable in case the Tour Partner fails to refund the said amount to the Rejected User.
All payments to be made by the Users for participation in the Events shall be made in advance as provided in 2.2 (b) below. However, should any Tour Partner has different payment policy for a particular Event; the same shall be intimated to the Users by WeNomads.
All payments to be made by the Users for participation in the Event shall be made to through the integrated payment system of WeNomads.
WeNomads Protection Plan
WeNomads endeavours to protect the interest of the Users and hence, has come up with a plan called ‘Wenomads Protection Plan’ (Plan) terms and conditions of which are more particularly described on the Website. It is hereby clarified, that only those Events are covered by the Plan for which the subscription of this Plan has been taken by the Tour Partner and is specifically mentioned on the Event detail page.
Events covered under the Plan will highlight the details (or points) which a Tour Partner guarantees to provide. WeNomads Protection Plan will cover only those explicitly mentioned points and won’t be generic in nature. If a User feel that there has been a breach in such mentioned points, he can raise a protest with WeNomads at least a day before the end of the Event. Any protest raised after won’t be entertained. WeNomads team will conduct an enquiry (which may or may not include discussions with other Users of the said Event) and of the breach is found to be true, the entire amount paid by the User towards the Event shall be refunded to the said User(s) by WeNomads.
Cancellation of booking by the User
Users can cancel their bookings for any Event. In such case, WeNomads shall be required to refund the booking amount to the User subject to ‘Cancellation Policy’ of that particular Event provided on the Website.
No monies will be refunded to the User in case of non-participation of the User in the Event, on account any reason whatsoever, attributable to the User’s disability to participate in the Event.
Cancellation Policy of Tour Partner
Tour Partner may cancel any event organized by them in certain circumstances, reason for which may or may not be disclosed to the Users. In case any Event is cancelled on account of any reason, WeNomads shall refund the full or part amount to the Users towards the participation in the Events, subject to realization of the same from the Tour Partner.
WeNomads shall neither be liable nor responsible for any actions or inactions of Tour Partner nor any breach of conditions, representations or warranties by them to the Users. WeNomads hereby expressly disclaim any and all responsibility and liability in that regard. Further, in case any liability occurs to WeNomads on account of events specified in this Clause, User agrees to indemnify WeNomads for the same.
In no event, WeNomads shall be held responsible or liable to the Tour Partner, Users or any other Person for any general, direct, indirect, special, incidental, consequential or other damages of any character arising on account of participation in the Event, including but not limited to personal injury, including death.
WeNomads shall not mediate or resolve any dispute or disagreement between the Users and the Tour Partner.
By availing the services on the Website and making an application to participate in the Event, the User declares that he/she is medically fit to participate in the Event and no liability on this account shall occur to WeNomads. Further, Users shall be solely responsible for children accompanied by them for the Event.
Termination of services
WeNomads can terminate this Agreement at any point of time and without any cause.
DISPUTE RESOLUTION AND ARBITRATION
Governing Law and Jurisdiction:-
This Agreement be governed and interpreted by, and construed in accordance with the substantive laws of India, without giving effect to the principles of conflict of laws there under. With respect to the enforcement of any determination or award by the arbitrators pursuant to Clause 5(ii) below, this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Delhi, India alone.
If any disputes, differences, or questions arise in respect of this agreement or the subject matter hereof, the same shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The Parties have agreed that such arbitrator shall be solely determined and appointed by WeNomad. The arbitrator shall decide any such dispute or claim strictly in accordance with the substantive laws of India.
All arbitration proceedings shall be conducted in the English language and the place of arbitration shall be New Delhi.
During the arbitration, all Parties shall continue to fulfill their respective obligations under this agreement except for such obligations and other matters which are the subject of the arbitration. The arbitral award shall be in writing, state the reasons for the award, and be final and binding on the Parties concerned. The award may include an award of costs, including reasonable attorneys' fees and disbursements.
This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, permitted assigns, executors and administrators of the Parties hereto.
Neither party shall assign or otherwise transfer any of its rights, interests or obligations under this Agreement to a third party without the prior written consent of the other party.