Terms and Conditions
Welcome to Nexushubs.in. The website having the URL https://nexushubs.in/ along with the mobile application named “NeXushubs” shall hereinafter be referred to as the ‘Platform’. The Platform offers discovering, booking, and managing various activities, plays, concerts, sports places, coaching centres and events across cities and rural areas throughout India and purchase of products from registered Sellers (“Services”).
The Platform is owned and operated by ECENCIA TECH PRIVATE LIMITED (hereinafter referred to as “Company/ ECENCIA”), a private company incorporated under the Companies Act, 2013, bearing registration number U46901PN2024PTC234985 and having its registered office at D1-004, Westernhills Phase 1, Pune. 411021.
User:
These Terms and Conditions of use (Terms of Use) are between Company and the Users who visit us and/or are registered with us, by following our registration process and the Users that use our Services as defined hereinafter or any part thereof on and from our Platform (You / Your / User). By accessing or using the Platform, you agree to these Terms and Conditions. Please read them carefully. If you do not agree, you must not use our services.
It is hereby clarified that the term User shall deem to include all Users of the Platform, including without limitation Users who are browsing, individuals or the family members of the individuals who obtain and/or intend to obtain the Services, and/or are in any manner connected with and/or contribute to the use of the Platform and/or the Services provided through it.
The Platform operates as a digital facilitator, enabling Users to connect with persons offering various Services or products (“Service Provider or Sellers”). The Company ensures compliance with all applicable legal and regulatory requirements, including provisions under the Information Technology Act, 2000, and its associated rules. As an intermediary, the Platform neither owns nor controls the Services or products provided by the Service Provider or Sellers but strives to ensure seamless interactions and secure payment processing to the User through authorized gateways. All content, transactions, and operations on the platform are governed by these Terms and Conditions to ensure transparency, accountability, and compliance.
Before using, registering, or accessing any information or services via the Platform and/or app, please carefully read these terms of use. You agree to be legally bound by these Terms of Use, any amendments made by Company at its sole discretion and posted and/or updated on the Platform and the applicable policies that are incorporated herein for reference and as amended from time to time. You can also signify your acceptance of these Terms of Use by simply browsing the Platform or by using any of the services offered by the Platform in any way. For the purposes of usage, these Terms of Use will take precedence over any other document. If You do not agree to all or any of the Terms of Use, You may cease Your access or use of the Platform or use any Platform Services.
These Terms of Use are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the privacy policy and terms of use for access or usage of the Platform and is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
A Privacy Policy has been established that explains to Users how their information (“User Content”) is collected and stored (“Privacy Policy”). The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth and shall be read along with the Terms of Use. Your use of the Platform is governed by the Privacy Policy, which is located at https://nexushubs.in/privacy-policy/.
Amendment to the Terms and Conditions
Company reserves the right to update, revise, or modify these Terms and Conditions at any time to reflect changes in business practices, legal requirements, or platform functionality. Any significant changes will be communicated to Users through a prominent notice on the Platform and, where possible, via email notifications sent to the registered email address provided by the User. Amendments will take effect immediately after they are posted unless stated otherwise.
Continued use of the Platform after the effective date of any amendments constitutes acceptance of the updated Terms. If a User disagrees with the changes, they must immediately discontinue their use of the Platform before the amendments take effect. For transparency, a record of previous versions of these Terms will be maintained and made available for User reference upon request. In the case of material changes that significantly impact User rights or obligations—such as changes to payment terms, cancellation policies, or dispute resolution—these will be explicitly highlighted in the notification. Users are encouraged to reach out with questions or concerns regarding any updates by contacting Company.
The User shall be responsible for regularly reviewing these terms and conditions.
- Definitions
To ensure clarity and understanding of these Terms and Conditions, the following definitions apply:
- Applicable Laws: All relevant laws, statutes, regulations, and ordinances in India that govern the use of the Platform, including the jurisdiction-specific laws that apply to Users and Service Provider or Sellers.
- Platform: Refers to website having URL https://nexushubs.in/, mobile application having name “NeXushubs” and any associated services, software, or tools provided by Company.
- User: Any individual or entity accessing or using the Platform, including but not limited to:
- Subscriber Users: Those who have created an account on the Platform and paid a fixed subscription fee.
- Registered Users: Those who use the Platform by creating an account but without paying the fixed subscription fee.
- Services: Activities, plays, concerts, sports facilities, coaching centres, tuitions and events across cities and rural areas throughout India and purchase of Products from the platform.
- Platform Services: Booking, cancellation, rescheduling of Services or purchase, return, refund, cancellation of products through the Platform and all other such services made available to the User by the Company through the Platform.
- Service Providers: Facility owners, coaches, academies, event organizers, and other individuals or entities offering Services through the Platform. These persons list their Services on the Platform, and bookings are made directly with them via the Platform.
- Sellers: Persons offering various products for sale through the Platform
- Bookings: The confirmed reservation of Services offered by Service Providers through the Platform.
- Content: Refers to all material displayed or shared on the Platform, including but not limited to text, images, videos, reviews, listings, and User-generated content.
- User Content: Any content created or uploaded by Users, such as reviews, feedback, or images.
- Platform Content: Content owned or licensed by Company, including its design, layout, and proprietary information.
- Service Fees: The fees payable by Users for Services booked through the Platform charged by the Service Providers
- Platform Fees: Fees charged by the Platform for providing Platform Services.
- Products: Products sold by Sellers to Users through the Platform
- Disputes: Any disagreement, claim, or conflict arising out of or relating to the use of the Platform, bookings, services or purchase of products provided through the Platform, including those between Users and Service Provider or Sellers.
- Confidential Information: Any non-public information disclosed through the Platform or communication channels that is marked as confidential or reasonably understood to be confidential in nature.
- Force Majeure: Events or circumstances beyond the reasonable control of Company or Service Provider or Sellers that prevent or delay the performance of obligations, including but not limited to natural disasters, pandemics, government actions, or technical disruptions.
- Third-Party Services: Any services, tools, or links provided by third-party vendors or partners integrated within or linked from the Platform, such as payment gateways or external sports-related resources.
- Use of Platform and Services
User Eligibility Criteria
The use of the Platform is restricted to individuals capable of forming legally binding contracts under Indian law and residing in India. By registering, you represent and warrant that:
- You are at least 18 years of age.
- All registration information provided is accurate and truthful.
- You will maintain the accuracy of such information.
- Your use of the Platform complies with applicable laws and regulations.
If you are below 18 years of age, it is assumed that your usage is authorized and supervised by your parent or guardian. Failure to comply with these terms or providing inaccurate information may result in the termination of your Account without prior notice.
If you do not fulfil any of the aforementioned eligibility criteria for use of Platform, you shall not access or use the Platform and Company shall not be held liable for any consequences arising out of the use of the Platform by any person not eligible to use it as defined in this section.
User Account
Access to certain features of the Platform requires registration and the creation of a password-protected account (“Account“). To register, you must submit your name, mobile number, and/or email address via the account registration page on the Platform and create a password. Additional optional information may be provided to enhance your User experience but is not mandatory for account creation. Alternatively, you may register using your existing social media accounts such as Facebook, Google, or Twitter (“Third-Party Site Accounts”). Account holders are referred to as “Registered Users.”
Account Responsibilities
If you use the Platform, you are responsible for maintaining the confidentiality and safeguarding of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You are solely accountable for activities conducted under your Account or password and must notify us immediately of any security breaches or unauthorized use of your Account. Impersonation of others or misrepresentation is strictly prohibited and may result in liability for damages caused to the Platform or other Users. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You are advised to log out of Your Account at the end of each session to protect the privacy of your password and account details. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account (https://www.nexushubs.in/gp/css/homepage.html/youraccount) area of the website. You agree and acknowledge that you will use your account on the Platform to purchase products or to book Facilities only for your personal use and not for business purposes. Should you wish to order products for business purposes, please create a business account on Nexushubs.in/business Nexushubs.in/business. In the event that the Company detects or suspects any suspicious activity on your Account, Company reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
Monitoring and Compliance
We reserve the right to monitor content and interactions on the Platform. Any content violating these terms may be removed at our sole discretion without assigning reason thereto. However, the responsibility and liability for content posted by you remains solely yours. In cases of non-compliance, we may disclose User information to law enforcement or government authorities as required.
Grant of License to User Content
By providing content on the Platform, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, and distribute your Content as necessary for the operation of the Platform. This does not violate your ownership rights or applicable laws.
Breach
Without prejudice to the other remedies available to Ecencia under Terms of Use or under applicable law, Ecencia may limit the User’s activity, or end the User’s listing, warn other Users of the User’s actions, immediately temporarily/indefinitely suspend or terminate the User’s registration, and/or refuse to provide the User with access to the Platform if:
- the User is in breach of the Terms of Use and/or the documents it incorporates by reference
- Ecencia is unable to verify or authenticate any information provided by the User; or
- Ecencia believes that the User’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the Platform and/or Ecencia
Ecencia may at any time in its sole discretion reinstate suspended Users. Once the User have been indefinitely suspended the User may not register or attempt to register with Ecencia or use the Platform in any manner whatsoever until such time that the User is reinstated by Ecencia. Notwithstanding the foregoing, if the User breaches the Terms of Use or the documents it incorporates by reference, Ecencia reserves the right to recover any amounts due and owing by the User to Ecencia and/or the service provider and to take strict legal action as Ecencia deems necessary.
Loyalty Program
The Platform offers a loyalty program for Registered Users where Users can earn points (“Nexus Coins”) for eligible transactions.
Nexus Coins is an instrument to earn credit points on your transactions made on the Platform only. The Nexus Coins get credited to a User’s Account and can be redeemed only for bookings and purchasing on the Platform.
These Nexus Coins are non-transferable and may only be redeemed for specific services or discounts provided by the Platform. Nexus Coins will expire after a specified period as communicated to the User. The Company reserves the right to modify or terminate the loyalty program at any time without prior notice. The loyalty program is not applicable to Guest Users.
Terms and Conditions: Nexus Coins Program
To avail benefits to Program the User has to transact on the Platform and purchase listed products or tickets for any activities. The User shall then be auto enrolled for the Program and shall receive Nexus Coins as per transaction category. For each payment of activities booking user is entitled for Nexuscoins which may be calculated at 5% to 40% of final payment value.
For every 100 Nexus coins a credit of INR 10/- (Rupees Ten only) shall be provided to the User only for availing Platform Services (“Nexus Coins conversion rate”) upon a request for conversion received from the User as per the process and subject to the conditions as mentioned in this Terms and Conditions. Nexus Coins can thus be redeemed solely and exclusively for availing Services or purchasing Products through the Platform.
On new registration user may be awarded 3000 Nexus Coins (“Registration Bonus”)at the Company’s sole discretion. These Registration Bonus Nexus Coins can be used only for Booking Services and not for purchasing Products on the Platform. User may also receive certain Nexus Coins for completing certain actions like posting about the Company or Platform as per the content or post authorized by the Company on various social media platforms, provided such social media posts do not contain anything negative or damaging to the Company and Platform’s reputation.
Company may, at its sole discretion, also award Nexus Coins for continued usage of the Platform as Gift Nexus Coins. These Gift Nexus Coins can be used only for Booking Services and not for purchasing Products on the Platform.
Procedure for Redemption of Nexus Coins for Purchase of Products:
In case a User wants to redeem Nexus Coins for purchase of Products on the Platform, they may send an redemption request through the Platform. The User shall be permitted to request redemption of only 20% of their accumulated Nexus Coins in a single redemption request.
A coupon of value equivalent to the Nexus Coins conversion rate shall be issued to the User on their registered email ID which may then be used for purchase of Products.
In case a User requests for more than 20% of their accumulated Nexus Coins in a single redemption request, a coupon for 20% of their accumulated Nexus Coins shall be issued and the balance Nexus Coins over and above 20% of their accumulated Nexus Coins shall be credited back to the User’s Account.
User may redeem only up-to a maximum number of Nexus Coins equivalent to 15% of booking amount in one transaction. For the sake of clarity, the below example is given:
Subject to the restrictions on the use of Nexus Coins for purchase of Products, if a User wants to book a service worth INR 500/-, the User may only use 15% of the booking amount i.e. 75 Nexus Coins (provided he has atleast as many Nexus Coins in his account) for this booking transactions.
The User’s registered mobile number will be the unique identifier for the Nexus Coins Program.
The Nexus Coins received after in a particular Financial Year are valid and redeemable within the same Financial Year, except Nexus Coins earned in the month of March which shall be redeemable over the next Financial Year. On the 1st of April, the unused Nexus Coins received in the previous Financial Year upto the last day of February of the previous Financial Year will be lost and the Nexus Coins balance will be set to zero.
The Nexus Coins are redeemable only at the Platform.
The Nexus Coins cannot be redeemed for cash.
The Nexus Coins are non-transferable to another member.
Ecencia reserves the right, without limitation, to change, limit, modify or cancel rules relating to the Program.
If a member is found to be misusing the program and its benefits, his or her membership may be cancelled, or the person may be barred from using the program and Company shall in no way be responsible for the same.
Company shall not be responsible for any loss, expiration, loss or theft of Nexus Coins.
Company shall in no event be held responsible for any claims/liabilities / costs/ disputes, loss arising out of availing the benefits offered by program through the said Membership and the User hereby expressly waives all his rights to make Company responsible either directly or indirectly while using or transacting through Platform.
You are aware and acknowledge that the Company only acts as an intermediary and the Company shall not be held liable for the Services or Products offered on the Platform by the Service Providers or Sellers and the terms and conditions offered by Sellers / Service providers.
Services, Products or offers available on the Platform which are redeemable with Nexus Coins shall at all times be subject to availability and the warranties and conditions at the time of redeeming such Services, Products or offers.
On using the Nexus Coins to avail any services / Products, the Nexus Coins accruing to a User Account shall automatically be deducted from the accumulated Nexus Coins of such User.
The use of such Nexus Coins have no monetary refund value and Nexus Coins are not exchangeable for any other benefits and are not refundable.
The Company reserves the right to start or withdraw the Nexus Coins program at its sole and absolute discretion without prior intimation to the User. The Company also reserves the right to change or amend the terms and conditions of the Nexus Coins Program at its sole and absolute discretion without prior intimation to the User.
Nexus Coins do not bear interest, and is non-refundable (subject to the relevant RBI guidelines).
Bookings on the Platform can be made using a combination of Nexus Coins and other payment methods. For bookings made using combination of Nexus Coins and other payment methods, in case of cancellation, the refunds would be adjusted in your Nexus Coins balance first and then in your credit/debit/net banking account from which the transaction was made.
In case of cancellation of bookings made through Nexus Coins only, the refunds if any after deducting cancellation charges will be processed into your Company registered account in the form of Nexus Coins only.
Nexus Coins at all times remains the property of Company, which reserves the right at any time in its absolute discretion and without giving notice to such Users to withdraw the same and benefits arising from it
Nexus Coins is available to registered Users only. It is the User’s responsibility to share the correct communication details with Company at the time of signing up for his account in Company. Users are required to inform any changes to registered contact number, email address and address to Company immediately.
Company reserves the right to offer Nexus Coins to any User as it may deem fit.
Registration to Company account is at the sole discretion of Company and it may refuse membership to any User without assigning any reasons.
Licence for Platform access
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Company grants you a limited licence to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
- Services Provided
- The Platform acts as an online aggregator of various independent third-party Service Providers and Services which the User can access and book through the Platform.
- The User can also cancel or reschedule the Services through the Platform.
- Please note that your booking is not confirmed unless confirmed by the Service Provider. Service Provider will confirm this in 2hrs from booking time depending upon the availability of your requested slot. The Service Provider’s representative will call you in case of any changes.
- The Platform may also contain services such as email, chat, WhatsApp, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as “Communication Services”)
- The Platform also has an e-commerce section, where Users may purchase various products sold by various Sellers. The user shall receive the Products ordered via a delivery partner arranged by Platform. The Invoice shall be issued by the 3rd party Service Provider / Seller of product and it shall be the duty of the 3rd party Service Provider / Seller to make sure that all essentials of a valid GST invoice are fulfilled.
- The delivery partner mentioned in the point above is neither an employee nor an agent of Platform and the platform in no way shall be held responsible for all or any act of the delivery partner whether within or outside the scope of this agreement. The moment a delivery partner accepts delivery of products ordered on the platform, it shall be treated as a separate contract between the delivery partner and the customer and in case of any default by the partner, the customer shall have right against the partner in individual capacity under consumer act 2019 or any other law for the time being in force.
- The Platform only acts as a facilitator for accessing and booking of Services by the User and disclaims any liability for accuracy, authenticity, quality or quantity of Services.
- Terms of Service
- Updated Information: The information displayed on the platform is updated regularly based on details provided by Service Provider or Sellers. In the event a Service Provider or Seller alters, amends, or withdraws any product, service, venue, or event, and the platform has not yet been updated, the Service Provider or Seller shall ensure either the replacement of the offering with an equivalent option or a refund of the amount received from the User and the Company shall not be held liable for any such cancellations or postponement of Services.
- User Credentials: Users are responsible for maintaining the confidentiality of their identification codes, passwords, and any other security credentials provided by the Platform. Disclosure of such credentials to third parties is prohibited. The Company reserves the right to disable any User account if there is non-compliance with these Terms of Use.
- Geographic Access: The platform operates within selected cities in India. Users accessing the platform outside these regions or from other countries do so at their own risk and responsibility. The platform does not guarantee availability, suitability, or compliance with local laws for use outside its designated operating areas.
- Device Responsibility: Users are solely responsible for ensuring access to the Platform through their devices. The platform does not provide devices, internet connectivity, or telecommunication links required for access. Any associated costs are to be borne by the User.
- Promotional Communication: By using the platform, Users consent to receiving promotional and transactional emails and SMS messages from the platform or its affiliated partners.
- You acknowledge and agree that Company acts as a facilitator for hosting products, services, events, and arenas offered by third-party providers (“Service Providers, Sellers”) and is not and cannot be a party to or control in any manner any transactions on the Platform. Company does not:
- Provide Warranties: Offer any express or implied warranties regarding the quality of products or services, provided by the Service Providers or Sellers.
- Endorse Quality or Ratings: Endorse or guarantee that the products, services, events, or arenas provided by Service Providers or Sellers meet specific quality standards or adhere to certain ratings.
- Assume Liability for User Experience: Accept liability if the products, services fail to meet your expectations or if you suffer any loss, damage, or bodily injury resulting from their use.
- Assume Liability for Changes: Accept liability for any changes, alterations, amendments, or replacements made to the products, services, events, or arenas by the Service Provider or Sellers.
Company does not endorse any Service Provider or Seller. While the Terms of Use require you to provide accurate information, Company does not verify or confirm the identity of Service Providers or Sellers.
You agree not to hold Company liable or seek legal remedies against Company for the actions or omissions of Service Provider or Sellers.
- Payment Terms
The User shall be charged the following fees for Platform Services:
- Service Fees towards Services booked by the User at the time of booking.
- Price of products sold on the Platform.
- All payments made on the Platform are subject to non-refundable Platform fees. These Platform fees are mandatory and are clearly displayed at the time of payment. Users are advised to review all costs carefully before completing a transaction, as these charges cannot be refunded under any circumstances.
The payment shall be made only through the payment gateways and modes enlisted on our Website and/or App.
These payment terms shall not be applicable for Cash transactions.
Taxes, including GST as applicable shall be payable by the User on the Fees.
Third-Party Payment processors
Please note that the Platform does not handle or authorize financial transactions. All payments are processed through authorized third-party payment gateways, and Company merely facilitates the transfer of payments from the payment gateway to the Service Provider or Seller.
When making payments, you may need to provide your credit or debit card details to the approved payment gateways. In doing so, you agree to:
- Provide accurate and valid card details.
- Use only cards that are lawfully owned by you.
- Accept sole responsibility for the security and confidentiality of your card details.
The information provided will not be shared with third parties except as necessary for fraud verification or as required by law, regulation, or court order. Company expressly disclaims liability for any unauthorized use of your credit or debit card.
Payment-Verification
To maintain transaction security, the Platform reserves the right to verify billing and payment details provided by the User. In case of discrepancies or incorrect information, the Platform may cancel the booking and notify the User. Refunds for such cancellations will only be processed after resolving the payment issue.
Failed Transaction Policy
We strive to ensure seamless transactions for our Users. However, in cases where a payment transaction fails due to technical issues, banking errors, or other unforeseen circumstances, this policy outlines the steps taken to address and resolve such issues.
Causes of Failed Transactions A transaction may fail due to the following reasons:
- Insufficient funds in the User’s account.
- Incorrect payment details entered.
- Bank server downtime or technical issues with the payment processor.
- Expired or blocked cards.
- Network connectivity issues.
- Security or fraud prevention measures enforced by the payment gateway or bank.
Handling Failed Transactions
- If a payment attempt fails, the User may receive an on-screen error message along with a reason for failure (if provided by the payment gateway or payment processor).
- Users should verify their payment details and retry the transaction or use an alternate payment method.
- If the amount is deducted but the order is not confirmed, users should contact our support team with transaction details for assistance.
Refunds for Failed Transactions
- If the payment was debited from the user’s account but the order was not successfully placed, the refund process will be initiated automatically by the payment processor.
- Refunds typically take 5-7 business days but may vary depending on the user’s bank or payment method.
- Users are encouraged to check with their respective banks for updates on pending refunds.
- If a refund is not received within the specified period, users should contact the Payment Processor support with relevant transaction details for further investigation.
Dispute Resolution
- Users can raise a dispute for failed transactions by providing proof of payment (bank statement, transaction ID, or any confirmation from the payment gateway).
- Our support team will coordinate with the payment processor to resolve the issue.
- In case of disputes related to double charges or unauthorized transactions, users may also contact their bank for chargeback requests.
Contact Support For assistance with failed transactions, users can reach out to our customer support team via:
- Email: admin@nexushubs.in
- Phone: +91 8380000645
- Live Chat: Available on our Platform during business hours
Company reserves the right to update or modify this policy at any time. Users are encouraged to review this policy periodically to stay informed about any changes.
Cancellation, Rescheduling and Refund Policy
Subject to Force Majeure clause above, in the event that the User decides to cancel his booking of any Services from the Platform, the following rules and regulations shall apply:
- Users acknowledge and agree that cancellation policies for various services and products shall vary as per the policy of the Service Provider or Seller, which shall be displayed at the time of availing the Service or purchase of Product.
- User acknowledges and agrees that Company has no control over the order cancellation, rescheduling, returns or refunds and it shall not be held liable for any issues relating to order cancellation, rescheduling, returns or refunds and the Service or Seller as applicable shall be solely responsible and liable for the same.
- If permitted by the Service Provider, Users may cancel their bookings by downloading and using the Mobile Application.
- While certain Services may not be cancellable, cancellations and refund shall be subject to the below table:
Time of Cancellation | Cancellation Allowed (Y/N) | Refund Amount* |
Before 48 hours from start of Services | Y | 100% |
24 to 48 hours from start of the Services | Y | 50% |
Within 24 hours from start of Services | N | 0% |
refund amount shall be excluding platform fees and other non-refundable charges.
- The Amount refunded shall be added to the Users account and may be used by the User to avail Services in the future.
- Users may also return certain products bought by them from the Platform, which are specifically marked as returnable.
- The return and refund policy for products bought from the Platform shall be as set out by the Seller of the product and may vary from product to product and from Seller to Seller.
- The User shall be made aware of such return, replacement and cancellation policy by the Seller by clearly mentioning the period of return, replacement and cancellation on the Platform at the time of purchase of Product. In case there is no time period of return replacement and cancellation mentioned on the Platform by the Seller, the Company shall accept such return replacement and cancellation within 2 days from its purchase.
- However, if the product sold was expressly sold as non-refundable/returnable/cancellable at the time of purchase by the user, in such case the above-mentioned clause shall not apply.
- The User shall coordinate with the Seller for return or replacement of the product and Company shall not be liable or responsible for the same. The seller or platform shall arrange for a pick up from the user’s residence or the place of delivery of the product by hiring a delivery partner as stated in clause III above. The relationship between such pick up partner shall be the same as stated in clause III above.
- Such refund or cancelled shall be picked up free of cost unless otherwise specifically intimated by the platform. Refund amount shall be repaid to the user excluding platform fees and other non-refundable charges.
- In case of return of product, the Company, on the instructions of the Seller, may grant a refund of the product price to the Wallet subject to deductions as per the return and refund policy of the Seller. The user shall always be bound by such a policy of the Seller and shall not claim that he/she was not aware of such a policy.
Rescheduling Policy and Refunds for Postponed or Cancelled Events
- Users can reschedule their bookings by downloading and using the Mobile Application, provided that the Service Provider allows such rescheduling. The Service Provider shall display its rescheduling policy along with available time slots for rescheduling as and if applicable at the time of rescheduling of the Booking.
- Subject to the Service Providers rescheduling Policy, if a Service Provider has not displayed its rescheduling Policy at the time of Booking of the Service on the Platform, Users may reschedule their bookings upto 12 hours before the start of Services.
- Nexushubs Coins, Coupons and split payments shall not be applicable to rescheduled bookings.
- Rescheduling of a booking can only be done once.
- The Service Provider may customize pricing according to the Services rendered by them. The prices of the Services stated are in Indian Rupees and are inclusive of applicable tax, the details of which are provided to You at the time of booking the Service.
- User Responsibilities :
- Users must provide truthful, lawful, and accurate registration information and ensure it remains up to date.
- Use of the platform is limited to personal purposes. Users may not share their account credentials or permit others to use their account.
- Users are solely responsible for any content they publish, display, or transmit through their account and must comply with all applicable laws, including those concerning data privacy and international communication.
- Users must possess all necessary licenses, permissions, and rights for any content they submit on the platform and ensure that no third-party authorization is required.
- Users collecting physical tickets must present the original credit or debit card used for payment or an authorization letter from the cardholder. Failure to provide these documents may result in the denial of ticket collection or entry to the event or facility.
- Users are responsible for safeguarding their booking IDs and related credentials. These IDs must not be sold, transferred, or misused under any circumstances. Breaches of this requirement may lead to immediate account suspension, legal action, or both.
- Independently verify the credibility, licensing, and policies of third-party entities they interact with through the Platform.
- Address any disputes or claims directly with the Service Provider or Seller or Payment Gateway or bank involved.
- User must use the Platform in compliance with the applicable laws.
- The User agrees and undertakes to use Communication Services only to post, send and receive messages and material that are proper and in compliance with these Terms of Use and applicable laws.
- User must adhere to the rules and regulations of use of the Service as set by the Service Provider or Seller. Service Provider or Seller reserves the right to deny Services to the User if he is in violation of the Service Provider or Seller’s rules and regulations governing the use of Services.
Prohibited Use:
Your use of the Platform is subject to the following binding principles:
- You shall not host, display, upload, publish, transmit, or share any content that:
- Belongs to another person without proper authorization.
- Will defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others or be illegal.
- Promotes illegal activities, gambling, or violates intellectual property rights.
- contain viruses, malware, corrupted files, harmful programming or any other similar software or programs that may damage the operation of the Platform or another’s computer.
- Threatens national security, public order, or incites criminal offenses.
- You shall not engage in:
- Automated data collection or scraping without express permission.
- Unauthorized access to any part of the Platform.
- Activities that burden the Platform’s infrastructure or interfere with its operations.
- Impersonation, spamming, or solicitation of unauthorized advertising.
- Advertisement or offer to sell or buy any Products or services for any business purpose, unless such Communication Service specifically allows such messages or is specifically allowed by these Terms of Use and Privacy Policy
- Conducting or forwarding surveys, contests, pyramid schemes or chain letters
- You shall not:
- 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;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
- Violate any applicable laws or regulations for the time being in force in or outside India; and
- violate any of the terms and conditions of these Terms of Use or any other terms and conditions for the use of the Platform contained elsewhere herein.
- Try to contact the Service Provider or Seller other than through the Platform to request for refund or cancellation.
- Users may report content they believe violates copyrights, is harmful, or breaches community guidelines. Upon receiving a valid complaint, the Platform will investigate and, if necessary, remove the content promptly. Users submitting false complaints may face penalties, including account suspension.
- Users shall not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. User may not use any meta tags or any other “hidden text” utilising Company or its affiliates’ names or trademarks without the express written consent of Company and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Company and / or its affiliates, as applicable to use or access the Platform.
- As a condition of the use of the Platform, the User warrants that they will not use the Platform for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by these Terms of Use including both specific and implied.
- The Platform 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 Platform.
- 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 Platform.
Consequences of Prohibited Use by User:
In the event that any User is found to be violating this Terms of Use or Privacy Policy, the Company reserves the right to suspend services to such User and take any other action including but not limited to deleting such User’s account and initiating appropriate legal action against the User.
- Third Party Links
The platform may include links to third-party Platforms, services, or resources. These links are provided solely for the convenience of Users and do not constitute an endorsement, sponsorship, or recommendation of the third-party services or the content they provide. Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We have no control over these third-party platforms and accept no responsibility for their availability, accuracy, reliability, or the quality of their content, products, or services. Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. Company is not responsible for any errors, omissions or representations on any Linked Site. Company does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. Users accessing third-party links do so entirely at their own risk and are encouraged to review the terms, conditions, and privacy policies of such third-party platforms before engaging with them.
Linked Sites
The Platform provides links to external Platforms for informational or transactional purposes. However, the Platform does not control or manage these external sites and makes no representation or warranty regarding:
- The accuracy, reliability, or legality of content on linked sites.
- The availability, security, or functionality of third-party Platforms.
- The quality or suitability of products or services offered through linked sites.
By accessing third-party links, Users acknowledge that:
- The Company disclaims all responsibility for losses, damages, or disputes arising from interactions with linked sites.
- Users should review the terms of use, privacy policies, and practices of third-party Platforms independently before engaging with them.
Advertisements and Endorsements
The Platform may display advertisements, sponsored content, or promotions from third parties. These are not vetted or endorsed by the Platform, and their presence does not imply approval or recommendation. Users should exercise due diligence and independently verify the legitimacy of advertisers and their claims before engaging with such content or making purchases.
The Platform expressly disclaims liability for:
- Misleading or inaccurate advertising claims.
- Transactions or agreements entered into between Users and advertisers.
- Losses or damages resulting from reliance on advertisements displayed on the Platform.
- Intellectual Property
All content available on the sports aggregator platform, including but not limited to text, graphics, images, videos, audio clips, designs, digital downloads, data compilations, and software, is either owned by us or licensed to us under a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable agreement. These intellectual property rights are protected by applicable laws and regulations, and we reserve all rights not expressly granted herein. (protected by India and international copyright, authors’ rights, and database right laws) Users are granted limited access to the platform’s content strictly for personal and non-commercial use. The compilation of all content on this platform is the exclusive property of the Company, and all rights not expressly granted herein are reserved.
Users are granted limited access to the platform’s content strictly for personal and non-commercial use in compliance with these Terms of Use. Users must not systematically extract, republish, reproduce, or publicly display, or re-utilise any material from the platform on print or digital media, including through data mining, robots, iframes or screen-scraping technologies without the express written consent of the Company and/or its affiliates (as may be applicable). Furthermore, Users are prohibited from modifying, editing, or using any illustrations, photographs, videos, audio sequences, or graphics separately from their accompanying text as published on the platform.
You are expressly forbidden from using, duplicating, reproducing, copying, selling, sub-licensing, or renting out any Content from the platform for commercial purposes without obtaining prior written consent from us or our licensors.
Any breach of these terms, such as unauthorized printing, copying, duplication, reproduction, selling, or downloading of materials, or modification of the platform’s content in any manner not expressly authorised will result in the immediate termination of your access to the platform. In such instances, you will be required to return or destroy any copies of the materials you have made, as per our discretion. By using the platform, you acknowledge and agree to abide by these intellectual property terms to ensure compliance and respect for our rights and the rights of our licensors.
Furthermore, you may not create and/or publish your own database that features substantial (e.g., prices and product listings) parts of this platform, modify, edit, or use any illustrations, photographs, videos, audio sequences, or graphics separately from their accompanying text, or exploit any content for commercial purposes without obtaining prior written consent from Company and/or its licensors.
By using this platform, you acknowledge and agree to abide by these intellectual property terms to ensure compliance and respect for our rights and the rights of our licensors.
User-Generated Content
If you submit or upload any content to the Platform, including but not limited to comments, reviews, photos, videos, or other materials (“User Content”), you grant the Company a worldwide, royalty-free, irrevocable, transferable, and sub-licensable right to use, display, modify, reproduce, distribute, and create derivative works of such User Content for any purpose in connection with the Platform and its services. You represent and warrant that you own or have the necessary rights to grant such a license for any User Content you upload.
It is your responsibility to ensure that any User Content you submit does not infringe on the rights of any third party, including intellectual property, privacy, or publicity rights. You warrant that your submissions are accurate, lawful, and free from malicious software or harmful elements. Additionally, you agree not to post or share any content that is defamatory, obscene, offensive, or otherwise unlawful.
We reserve the right to monitor, review, edit, or remove any User Content at our sole discretion, without prior notice, if it violates these terms or is deemed inappropriate. However, we are not obligated to actively monitor User Content and disclaim any liability for its accuracy, reliability, or legality.
By using the platform, you acknowledge that User Content may be viewed and accessed by others. We are not responsible for any misuse, loss, or damage arising from the public nature of User Content. You agree to indemnify us against any claims, damages, or liabilities resulting from your submissions.
Copyright Infringement
The Company respects the intellectual property rights of others. If you believe that any Content on the Platform infringes your copyright, you may submit a notice in accordance with the Notice and Takedown Policy provided below. Upon receipt of a valid notice, we will take reasonable steps to address the alleged infringement in accordance with applicable law.
In compliance with applicable laws and regulations, the Company provides Users with a mechanism to report and address harmful or infringing content on its platform. If you believe that content displayed on our Platform or through our services violates your rights or is harmful in nature, please notify us by submitting a written notice to our designated representative at [Insert Contact Information]. Your notice should include the following details:
- A description of the infringing content and its location on the platform (URL or relevant identifier).
- A statement asserting your good-faith belief that the content is unlawful, harmful, or violates your rights.
- Your contact information, including name, address, phone number, and email address.
- A statement of your authority to act on behalf of the rights holder or your own rights that have been infringed.
Upon receiving a valid notice, [Company Name] will investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly harmful content. Please note that we are not obligated to monitor User-generated content but will address complaints in a timely manner.
Follow our Notice and Procedure for Making Claims of Rights infringements
Prohibited Uses
You agree not to copy, reverse engineer, modify, distribute, reproduce, distribute, transmit, display, perform, publish, create derivative works from, or sell any information, software, products or services obtained from the Platform, or otherwise exploit any part of the Platform or its Content without the prior written consent of the Company except as expressly permitted under applicable law. Any unauthorized use of the Content may result in the termination of your access to the Platform and legal action. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted. The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service.
Trademarks
The trademarks, logos, and service marks displayed on the Platform, including but not limited to ECENCIA are the registered or unregistered trademarks of the Company. You may not use any trademark, logo, or service mark without the express prior written consent of the Company.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Ecencia, you agree that in using the Service, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
NEXUSHUBS.IN, and other marks indicated on our Platform are trademarks or registered trademarks of the Company in India. Company’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Company. Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nexushubs or the Company. All other trademarks not owned by the Company that appear on this Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
- Privacy and Data Policies
The Company collects personal information of Users in order to provide Platform Services.
The Company may also share the personal information with third parties including the Service Provider or Sellers to enable them to provide Services and other data processors as applicable for ensuring smooth and seamless Platform Services.
The personal information / data provided to us by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.
The Company takes Data Privacy seriously and follows a strict Data Privacy Policy to protect the privacy of Users personal information in compliance with all applicable laws.
The said Privacy Policy shall be deemed to be a part of these Terms of Use and shall be read along with these Terms of Use.
- Disclaimers
The platform is provided by the Company on an “as-is” and “as-available” basis, and we expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
BY OPERATING OUR PLATFORM, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR LINKED TO OUR PLATFORM, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTENT OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU AGREE THAT YOUR USE OF OUR PLATFORM AND SERVICES WILL BE AT YOUR SOLE RISK. WE DO NOT WARRANT THAT OUR PLATFORM OR SERVICES WILL BE AVAILABLE FOR USE, AND WE DO NOT MAKE ANY WARRANTIES AS TO THE QUALITY OF THE SITE, SERVICES OR ITS CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH OUR PLATFORM AND YOUR USE THEREOF.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, CONTRIBUTIONS AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR SERVICES, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM, € ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTRIBUTIONS, CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, CONTRIBUTIONS, OR MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR PLATFORM
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF ANY DATA (INCLUDING CONTENT) OR FOR LOSS OF USE OF THE PLATFORM.
While we strive to ensure accurate and up-to-date information on the platform, we do not guarantee the completeness, reliability, or suitability of the content, services, or products offered by third-party Service Provider or Sellers listed on the platform. The Company does not own, operate, manage, or control the Services or products offered by Service Provider or Sellers.
The Platform facilitates transactions between Users and third-party Service Provider or Sellers for availing Services. The Platform’s role is limited to connecting Users with these Service Provider or Sellers, and it does not assume responsibility for:
- The delivery, quality, or safety of the services or products offered by Service Provider or Sellers.
- The terms and conditions governing the User’s interaction with Service Provider or Sellers.
- Disputes, cancellations, or refunds arising from the Service Provider or Seller’s actions or omissions.
Users acknowledge and agree that all interactions, bookings, and transactions with third-party Service Provider or Sellers are at their own risk and discretion.
The Company disclaims all liability for disputes, damages, or losses resulting from actions, omissions, or representations made by Service Provider or Sellers.
Users acknowledge and agree that:
- Booking of Services or purchase of products by the Users constitutes a contract only between the User and the Service Provider or Seller and the Company is not a party to the contract between Users and Service Provider or Sellers.
- Any disputes arising from bookings or transactions must be resolved directly with the Service Provider or Seller.
- The Platform is not liable for cancellations, delays, inaccuracies, or other service-related issues caused by the Service Provider or Seller.
- Company shall not be in any way held liable for any injury, loss, damage caused to the User while availing the Services.
Company disclaims any responsibility for Content posted by Users, or any damages resulting from third-party activities on the Platform. Users are advised to exercise discretion while interacting with advertisers or sharing personal information publicly..
Availability: The Company strives to maintain 24/7 availability of the Platform but does not guarantee uninterrupted, timely, or error-free access. Technical issues, such as viruses or defects, may occur, and the Company is not responsible for resolving these issues immediately.
Hardware and Software Compatibility: The Company does not guarantee compatibility of the Platform with all devices, hardware, or software configurations. Users are responsible for protecting their devices and data from potential harm, such as viruses or malware.
Reliability of Information: While efforts are made to ensure accuracy, the Company does not guarantee the reliability or correctness of all information displayed on the Platform.
Suspension of Access: The Company reserves the right to suspend or withdraw access, either temporarily or permanently, for individual Users or all Users, without prior notice.
- Liabilities and Indemnification
We disclaim any liability for direct, indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the platform, including but not limited to loss of data, personal injury, or damages resulting from errors, omissions, interruptions, delays, or defects in the platform’s functionality. Additionally, the platform is not liable for issues arising from unauthorized access to your account, misuse of your personal information, or fraudulent activities conducted by third parties.
In the event of any dispute or dissatisfaction with a Service Provider or Seller, Users are advised to resolve the matter directly with the concerned third party. The Company will not be liable for any refund, compensation, or remedy in such instances. Users waive all claims against the Company and its affiliates, directors, employees, and partners for any loss, damage, or inconvenience caused by reliance on the platform or its associated services.
In any event, the total maximum aggregate liability of the Company shall not exceed the Platform Fees paid by the User.
Any material downloaded or otherwise obtained through the use of the Platform Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.
Company does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Company from any liability relating thereto. You shall be responsible for backing up your own system, including any Content acquired through the Services.
Company is not responsible for data charges you may incur for downloading Content through the Platform over a data connection.
Company shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to:
Any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute Products or services, or other intangible loss;
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Platform Services
The deletion of, corruption of, or failure to store any Content and other communications data maintained or transmitted by or through your use of the Services.
Your failure to provide Company with accurate account information;
Your failure to keep your password or account details secure and confidential.
The limitations on Company’s liability to you above shall apply whether or not Company has been advised of or should have been aware of the possibility of any such losses arising
By using the Platform, You agree to comply with all applicable domestic and international laws, including but not limited to the Information Technology Act, 2000, and associated regulations. Any violation may lead to account suspension or termination.
You agree to indemnify, defend, and hold harmless Company, its affiliates and their respective officers, directors, employees, agents, and licensors from and against any and all claims or demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees), made by any third party or penalty imposed due to or arising out of or related to:
- Your breach of these Terms of Use or any other policies or guidelines applicable to your use of the Platform.
- Your violation of any law, regulation, or third-party rights, including intellectual property, privacy, or other proprietary rights.
- Any content you submit, post, transmit, or make available through the Platform.
- Your misuse of the platform or the services offered by third-party service providers, including fraudulent activities or unauthorized access to your account.
- Any action taken by Ecencia as part of its investigation of a suspected violation of these Terms of Use or as a result of its finding or decision that a violation of these Terms of Use has occurred.
You agree that you shall not sue or recover any damages from Company, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of Company’s conclusion that a violation of these Terms of Use has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms of Use.
Company reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with Company in asserting any available defences and resolving disputes.
You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
This indemnification obligation will survive the termination of your access to the platform and the cessation of your use of its services.
Force Majeure
The Platform shall not be held responsible for delays, failures, or interruptions in the performance of its obligations caused by circumstances beyond its reasonable control. These events, collectively referred to as “Force Majeure,” include but are not limited to:
- Natural Disasters: Earthquakes, floods, hurricanes, or other acts of nature.
- Government Actions: Changes in laws, regulations, government-imposed restrictions, or shutdowns.
- Public Health Crises: Pandemics, epidemics, or other health emergencies.
- Technical Failures: Power outages, internet disruptions, or cyberattacks affecting the Platform’s operations.
- Civil Unrest: Strikes, protests, riots, or acts of terrorism.
In such events, the Platform may suspend or delay services without liability. Users will be notified of Force Majeure events and any resulting impact on bookings or services. If a booking or product purchase is affected by a Force Majeure event, the User must coordinate directly with the Service Provider or Seller for rescheduling or refunds, as applicable under the Service Provider or Seller’s terms. We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
- Termination
User may terminate these Terms of Use by deleting his Account from the Platform and ceasing to use the Platform at any time. Either the User or Company may terminate these Terms of Use with or without cause at any time to be effective immediately through a written notice to the other.
We reserve the right to terminate or suspend your access to the Platform at any time and for any reason, including but not limited to breaches of the Terms of Use, violations of applicable laws, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable Terms of Use, or any activity that may harm the integrity of the platform, other Users, or the company. Such termination may occur with or without notice and at our sole discretion. Upon termination, your right to use the Platform will cease immediately.
Company shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of these Terms of Use, any Terms of Use or become dissatisfied with the Platform Service in any way, the User’s only recourse is to immediately: (a) discontinue use of the Platform; and (b) notify Company of such discontinuance.
In the event of termination:
- Platform Services granted to you under these Terms of Use will automatically cease.
- Any amount in the Wallet shall be refunded to the Users Bank Account without any interest thereon and after deductions for any Platform Services provided prior to the termination.
- The User shall have no right and Company shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Platform Services are terminated, cancelled or suspended, any data that the User has stored on the Platform may not be retrieved later.
- Any provisions of the Terms of Use that by their nature should survive termination (such as provisions related to intellectual property, liability, and indemnification) shall remain in effect.
Termination does not waive any rights or remedies we may have accrued under these Terms of Use or applicable laws. It is your responsibility to ensure compliance with the platform’s terms even after your account or access is terminated.
- Dispute Resolution, Governing Law and Jurisdiction
Any disputes arising out of the use or access of the Platform by the User shall be attempted to resolved by the Parties through mutual consultation. In case the Parties are unable to resolve the dispute through mutual consultation, the dispute shall be referred to a sole arbitrator appointed by the User and Company mutually. The arbitration proceedings shall be as per the provisions of the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English and the seat and venue of arbitration shall be Pune.
The use of the Platform, these Terms of Use, and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
Any disputes, controversies, or claims arising out of or in connection with the use of the Platform or these Terms of Use, including any question regarding their existence, validity, interpretation, breach, or termination, shall be subject to the exclusive jurisdiction of the courts located in Pune, India. By accessing and using the Platform, you expressly agree to submit to the jurisdiction of these courts for the resolution of such disputes.
XIV. No Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions
- Communications
When you visit the Platform, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Platform and/or your order placed on the Platform.
XVI. Other Businesses
Parties other than Company and its affiliates may operate stores, provide services, or sell product lines on the Platform. For example, businesses and individuals offer products via the Platform. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Company does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
XVIII. Relationships
None of the provisions of these Terms of Use, terms and conditions, notices or the right to use the Platform by the User contained herein or any other section or pages of the Platform and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Company and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Platform, the User authorizes Company and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Company and its agents as their agent for this purpose.
XIX. Headings
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use, the Terms of Use or the right to use the Platform by the User contained herein or any other section or pages of the Platform or any Linked Sites or the Platform in any manner whatsoever
- Severability
If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms of Use shall continue to be in full force and effect.
XXI. Notices
All notices and communications (including those related to changes in the Agreement, the Service, termination of the Service, etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: If to Ecencia, at D1-004, Westernhills Phase 1, Pune- 411021 or at the address posted on the Platform.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
XXII. Prevailing Language
The English language version of these Terms of Use shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
- Miscellaneous
If any provision of these Terms of Use is found to be unenforceable or invalid under applicable law, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms of Use shall remain in full force and effect.
Nothing contained on this Platform, or in your use of Platform Services, shall be construed as creating any partnership, joint venture, agency, fiduciary, employment, or other similar relationship between you and the Company. Both parties expressly agree that their relationship is that of independent entities, and no actions, representations, or agreements shall be interpreted as forming a legally recognized partnership or agency.
You acknowledge that you do not have any authority, whether express or implied, to bind, obligate, or represent Company in any manner or capacity. Similarly, Company does not assume any responsibility for actions taken by you, whether in connection with the use of the Platform, its services, or otherwise.
The Company reserves the right to modify, update, or amend these terms and conditions at any time, at its sole discretion. Any changes to the terms will be posted on this page with the date of the latest revision indicated at the top. In the event of material changes, we may notify you through additional means, such as email or a prominent notice on the Platform.
By continuing to access or use the Platform or its services after such changes are posted, you agree to be bound by the revised terms. It is your responsibility to review the terms periodically to stay informed about updates. If you do not agree with the modified terms, you must cease using the Platform and services immediately.
- Contact Us
For any questions, concerns, or inquiries related to the Platform, these Terms of Use, or any other matters, Users may reach out to us through the following channels:
- Email: admin@nexushubs.in
- Mailing Address: D1-004, Westernhills Phase 1, Pune- 411021
Our customer service team shall be available from 9.00am to 7.00pm on Business Days to address your queries and assist you with any issues you may encounter. Please ensure you provide detailed information regarding your concern to allow us to respond promptly and effectively.
We value your feedback and strive to improve the experience.
VENDOR / Business Partner Terms and Conditions
This Vendor / Business Partner Onboarding and servicing Agreement / Terms & Conditions
ECENCIA TECH PRIVATE LIMITED, a Company incorporated under Companies Act 2013, having its registered office at D1-004, Western Hills Phase 1, Pune- 411021. Hereinafter called the “COMPANY”, which term shall, wherever the context so permits or requires and wherever it occur, mean and include its successors and permitted assigns);
Vendor / Business Partner represented by its proprietor/ Partner/ Director hereinafter called the “VENDOR / Business Partner”, which term shall, wherever the context so permits or requires and wherever it occurs, mean and include its successors and permitted assigns);
The Company and Vendor shall be referred to individually as “Party” and together as “Parties”.
WHEREAS:
A. The Company operates a website with URL (www.nexushubs.in) and mobile Application named Nexushubs (hereinafter referred to as the “Platform”) which provides users with a convenient way for discovering, booking, and managing various activities, plays, concerts, sports places, coaching centres and events across cities and rural areas throughout India (“Services”);
B. Vendor owns and operates facilities (“Facilities”) and desires to make such Facilities available for booking to users of the Platform through the Company’s Platform;
C. The Company desires to onboard the Vendor to list the Vendor’s Facilities on the Platform, allowing users to book these facilities through the Company’s Platform, subject to the terms and conditions set forth in this Agreement / Terms & Conditions;
D. The above referred Vendor and Company are hereinafter collectively referred to as “PARTIES” and individually as “PARTY”.
E. The Parties acknowledge the importance of maintaining high standards for service, User satisfaction, and the operation of the Platform and the Facilities, and agree to cooperate to ensure smooth and effective operations for both the Platform and the Facilities;
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions set forth herein, the Parties agree as follows:
1. DEFINITIONS
For the purpose of this Agreement / Terms & Conditions, the following words and phrases shall have the meaning assigned to them under this Article.
1.1. “Facilities” means the facilities provided by the Vendor through the Platform.
1.2. “Platform” refers to the website with URL (www.nexushubs.in) and mobile Application named Nexushubs, and any associated digital infrastructure operated by the Company that facilitates the listing, discovery, and booking of Facilities online. The Platform includes all software, databases, content, and services related to its operation, including but not limited to user interfaces, analytics tools, payment gateways, and User support services.
1.3. “User” refers to any individual, group, organization, or entity utilizing the Platform to search, book, or engage in activities related to Facilities. Users may include recreational users, professional teams, corporate entities, or event organizers, among others.
1.4. “Booking Fees” refers to the total amount payable by the User to confirm the reservation of a Vendor’s facilities. Booking Fees may include but are not limited to base usage charges, applicable taxes, ancillary fees for additional services (such as equipment rental or catering), and any convenience charges levied by the Platform.
1.5. “Service Charge” refers to the commission or fee deducted by the Company for facilitating bookings through the Platform. The Service Charge may be a fixed amount or a percentage of the Booking Fees and may also include additional charges for promotional services, enhanced visibility, or administrative costs.
1.6. “Effective Date” shall mean the date on which this Agreement / Terms & Conditions is executed.
1.7. “Facilities” refers to all sports-related infrastructures, such as courts, turfs, gyms, and other ancillary services offered by the Vendor. This includes but is not limited to indoor and outdoor venues, lighting, changing rooms, parking facilities, and other amenities provided for User use.
1.8. “User Data” refers to information collected about Users during the booking process, including but not limited to contact details, payment information, preferences, and feedback. User Data is governed by the Platform’s Privacy Policy and applicable data protection laws.
1.9. “Ancillary Services” refers to additional services provided by the Vendor, such as equipment rental, coaching, refreshments, or event management, which may be offered alongside the core Facility.
“Working Hours” refers to time between Monday to Saturday daily 10AM to 6PM
2. VENDOR ONBAORDING PROCEDURE
2.1. As part of the onboarding process, the Platform shall conduct a physical verification of the Vendor’s facility. This verification will be carried out by a designated representative of the Company, who will assess the facility’s compliance with the required standards and the accuracy of the information provided by the Vendor during registration.
2.2. During the physical verification, the Vendor is required to furnish the following documents, as applicable:
a. Property Ownership Proof: A valid ownership document of the facility or a rent/lease Agreement / Terms & Conditions in cases where the facility is leased.
b. Identity Proof: A government-issued identity proof of the Vendor or authorized representative.
c. Tax Identification: A valid PAN card or tax identification document for bank transfer purposes.
d. Other Relevant Documents: Any other documents deemed necessary by the Platform for the verification process.
2.3. The onboarding process will only proceed further upon successful completion of the physical verification and submission of all required documents. In case of discrepancies or missing documents, the Platform reserves the right to withhold the onboarding process until the issues are resolved.
2.4. The Vendor shall ensure that all documents and information provided are accurate and authentic. Any misrepresentation or falsification of information may result in immediate rejection of the onboarding application or delisting from the Platform at a later stage.
2.5. The Platform will securely store the collected documents and verification records in compliance with applicable data protection laws. Access to these records will be restricted to authorized personnel only.
2.6. At the time of onboarding, the Platform shall provide the Vendor with a standardized “Facilities Form” or a digital equivalent (referred to as the “Form/Graph”). This form is designed to capture comprehensive details about the amenities and facilities offered by the Vendor at their premises.
The Vendor must accurately and truthfully provide the following details in the Facilities Form:
a. A complete list of amenities available, such as parking facilities, cafeteria services, equipment rentals, restrooms, and other relevant features.
b. descriptions of the facilities including specifications of the Facilities, including size, location, capacity, operational hours, and any restrictions.
c. High quality photographs or videos of the facilities, if required by the Platform.
d. Clear pricing information including details of any variations based on peak hours, seasons, or special events.
e. Any special conditions or terms of use related to the amenities, such as access limitations during maintenance or peak hours.
f. Vendor shall maintain real-time availability to ensure that booking slots reflect current conditions accurately. Any specific rules or terms for the usage of the Facilities, such as cancellation policies or security deposit requirements, must also be disclosed.
2.7. Vendor is required to update this information promptly to reflect any changes and ensure compliance with applicable laws and the Platform’s content guidelines.
2.8. The Vendor hereby declares that all information provided in the Facilities Form is accurate, truthful, and fair. Any misrepresentation, omission, or falsification of details in the Form shall be considered a violation of the terms of this Agreement / Terms & Conditions.
2.9. In the event that any information provided in the Facilities Form is found to be inaccurate, misleading, or false, the following actions may be taken:
a. Immediate delisting of the Vendor from the Platform without prior notice.
b. Suspension or termination of the Vendor’s account.
c. Other legal or contractual remedies as deemed necessary by the Platform.
2.10. The Vendor shall have a continuous obligation to update the Facilities Form whenever there is a change in the facilities or their specifications. Failure to update the Form in a timely manner may result in penalties or delisting from the Platform.
2.11. The Platform shall not be held liable for any disputes, claims, or losses arising due to incorrect or misleading information provided by the Vendor in the Facilities Form. All liabilities in this regard shall solely rest with the Vendor.
3. ONBOARDING FEES
3.1. The Platform explicitly states that it does not charge any onboarding fees for Vendors to list their facilities and services on the Platform. This policy is applicable to all Vendors, irrespective of their category or the type of services they offer.
3.2. The Platform reserves the right to revise this policy in the future, including the introduction of onboarding fees, provided that such changes are communicated to existing and prospective Vendors with at least 30 days’ prior notice.
3.3. While there are no onboarding fees, Vendors may be subject to charges for optional services such as promotional activities, enhanced visibility on the Platform, or additional features. These charges will be optional, clearly communicated in advance, and subject to the Vendor’s discretion.
3.4. Vendors are prohibited from misrepresenting this policy or charging any onboarding fees to third parties on behalf of the Platform. Any violation may result in penalties, including delisting from the Platform.
4. SERVICES
4.1. The Platform shall provide the Vendor with a secure account/Dashboard that enables them to list and manage their Facilities bookings effectively. Through this account, the Vendor can add, edit, or remove listings, update availability in real-time, and track bookings. The Platform shall provide a user-friendly interface equipped with features that facilitate efficient management of listings. Any planned interruptions for maintenance or upgrades will be communicated to the Vendor in advance, and the Platform will work to minimize disruption to operations.
A. The Company shall, at no extra cost, provide comprehensive training to the Vendor or an authorized representative of the Vendor to ensure they are fully equipped to utilize the dashboard effectively. This training will cover all essential functionalities, enabling the Vendor to manage their account, services, and listings seamlessly.
B. The training sessions will include, but are not limited to, the following topics:
a. Dashboard Navigation: Understanding the layout and key features of the dashboard.
b. Service Listings Management: Adding, updating, or removing services or facilities.
c. Availability Updates: How to update availability slots, operating hours, and service schedules.
Pricing Adjustments: Setting and modifying pricing, including adjustments for peak hours or special offers.
d. Facility Information: Uploading and updating photos, videos, and descriptions of amenities and facilities.
e. Reports and Analytics: Viewing and interpreting booking data, revenue reports, and User feedback.
f. Troubleshooting: Basic troubleshooting steps and how to seek assistance for technical issues.
C. The training may be provided through one or more of the following methods:
i. In-person training sessions at the Vendor’s location or a designated venue, which may be chargeable.
ii. Online training sessions conducted via video conferencing or pre-recorded tutorials.
iii. Written guides, manuals, or FAQs accessible through the Platform.
The Platform will determine the most suitable training method based on the Vendor’s location, needs, and availability.
D. The Company may provide training through training videos or other means as it may deem necessary. The training shall be conducted prior to or immediately after the Vendor’s onboarding process to ensure timely and effective utilization of the dashboard.
E. It is the Vendor’s responsibility to attend the training sessions or ensure that their authorized representative attends on their behalf. Failure to attend the training or understand the dashboard functionalities shall not absolve the Vendor of their obligations to maintain and update their listings as per the terms of this Agreement / Terms & Conditions.
F. The Company shall not be liable for any errors, delays, or losses arising from the Vendor’s failure to utilize the dashboard correctly or update their information in a timely manner, despite having received training.
4.2. The Platform shall handle all financial transactions between Users and the Vendor. Booking Fees will be collected from Users using secure payment methods, such as credit/debit cards, UPI, or digital wallets, and held until the service is successfully delivered. After deducting Service Charges and applicable taxes, the Vendor’s share will be credited to their registered bank account within T+3 days or cancelation window which ever is later, T being the date of booking. Detailed transaction records, including payment summaries and deductions, will be made available to the Vendor. Any delays caused by disputes, refunds, or chargebacks will be communicated promptly, and the Platform will mediate the resolution process to ensure fairness.
4.3. The Company shall provide a robust User support system to address queries and resolve issues related to bookings. Support will be available during working hours through channels such as chat, email, and phone, ensuring timely assistance to both Users and Vendors. Additionally, the Platform will feature an order-tracking system that allows Vendors to monitor bookings in real-time, view upcoming schedules, and analyze historical data. Notifications will be sent to Vendors and Users for booking confirmations, cancellations, or changes. The Platform shall also ensure secure and compliant payment processing, including refunds and adjustments for valid User claims. Payments will be handled using industry-standard security protocols to protect sensitive information and maintain trust.
5. VENDOR’S OBLIGATIONS
5.1. Vendor shall promptly correct any errors or inaccuracies in the information to avoid misleading Users or causing operational issues.
5.2. The Vendor shall maintain the highest standards of quality, safety, and cleanliness for the Facilities listed on the Platform. This includes ensuring the facilities are free from hazards, well-maintained, and equipped with necessary amenities such as lighting, ventilation, and hygiene provisions. The Vendor shall conduct regular inspections and implement any necessary repairs or upgrades to meet User expectations and legal requirements.
5.3. The Vendor shall comply with all applicable local, state, and national laws, regulations, and guidelines governing the operation and use of their Facilities. This includes but is not limited to laws related to safety, liability, public health, fire safety, insurance coverage, and accessibility. The Vendor must ensure that they possess all necessary licenses, permits, and certifications to legally operate their Facilities. The Company shall not be held liable for any fines, penalties, claims, or legal proceedings arising out of the Vendor’s failure to comply with applicable laws and regulations. The Vendor shall indemnify and hold the Company harmless from any losses, damages, or liabilities resulting from such non-compliance.
5.4. The Vendor shall not engage in any unlawful activities or practices that may harm the reputation of the Company, Platform or its Users. Any such actions may result in immediate delisting and termination of the Vendor’s association with the Platform. By entering into this Agreement / Terms & Conditions, the Vendor agrees that they are solely liable for ensuring compliance with all legal obligations and that any failure to do so is their sole responsibility. The Vendor further agrees to indemnify the Company against any claims, damages, or penalties arising from such non-compliance.
5.5. The Vendor shall notify the Company immediately of any changes to the availability, condition, or operational status of their Facilities. This includes temporary closures, maintenance schedules, changes in pricing, or alterations to booking policies. Timely updates are crucial to ensure accurate listings and a seamless booking experience for Users.
5.6. Once Vendor accepts any bookings, it shall not be allowed to cancel and/or re-schedule the same, unless approved in advance in writing by Company. The Vendor may, before accepting such bookings and/or registrations, put the same under review, and Company shall contact it to identify the reasons for non-acceptance. Upon receiving the confirmation of the Vendor for accepting the bookings, the said bookings will be considered accepted and shall be serviced by the Vendor without further demur.
5.7. Vendor hereby agrees to give preference to all booking requests received through the Platform.
5.8. The Vendor shall promptly respond to all booking requests, queries, or concerns raised by Users via the Platform. Once a booking is confirmed, the Vendor shall ensure that the User receives the promised Facilities in a timely and professional manner. In the event of unforeseen issues or cancellations, the Vendor shall communicate with the Platform and the User promptly and work to provide a satisfactory resolution.
6. ANCILLARY SERVICES
6.1. The Platform explicitly states that it shall not charge any fees, commissions, or share of revenue from ancillary services provided by the Vendors alongside their Facilities listed on the Platform.
6.2. Vendors retain full ownership and control over their ancillary services, including the right to set pricing, terms, and conditions for these offerings. The Platform shall have no involvement, liability or responsibility in the management, operation, or revenue generation of such services.
6.3. The Platform shall not be responsible for the quality, pricing, or delivery of ancillary services provided by the Vendor. Any disputes, claims, or issues arising from ancillary services shall be resolved directly between the Vendor and the User, without any liability or intervention from the Platform.
6.4. While the Platform does not charge fees for ancillary services, Vendors are encouraged to accurately display and promote their ancillary offerings through the Platform’s dashboard or other communication channels. Vendors must ensure that any information related to ancillary services is truthful and non-misleading.
6.5. The Platform acknowledges the Vendor’s exclusive right to profits derived from ancillary services and shall not impose any direct or indirect charges, hidden costs, or deductions related to these services.
6.6. The Platform reserves the right to review and modify this policy in the future, provided that any changes are communicated to the Vendor in writing with at least 30 days’ prior notice. Existing ancillary services already in operation shall not be retrospectively charged.
6.7. Vendors offering ancillary services must ensure that these services adhere to the general standards and guidelines of the Platform, including cleanliness, safety, and User service expectations. Non-compliance may lead to penalties or delisting of the Vendor, as per the terms of this Agreement / Terms & Conditions.
7. PROMOTIONAL SERVICE
7.1. The Vendor may opt to utilize promotional services offered by the Platform to enhance the visibility and reach of their services on the Platform’s application. These services may include, but are not limited to, priority listing, featured placements, targeted marketing campaigns, and other promotional tools.
7.2. The Vendor shall be required to pay a fee for availing promotional services. The fee amount and payment terms shall be mutually agreed upon in writing between the Vendor and the Company prior to the commencement of such services. The Company reserves the right to revise the fees for promotional services periodically, and any changes shall be communicated to the Vendor in advance.
7.3. The availability and effectiveness of promotional services may be influenced by the level of competition in the locality where the Vendor operates. The Platform retains the discretion to assess and implement promotional activities based on factors such as market demand, the presence of other Vendors in the same locality, and the overall strategy of the Platform.
7.4. Fees paid for promotional services are non-refundable, irrespective of the outcomes or the Vendor’s satisfaction with the results of the promotional activities, unless otherwise agreed in writing between the parties.
7.5. Vendors availing promotional services shall ensure that all information and content used in promotional activities comply with the Platform’s standards and guidelines. The Platform reserves the right to modify or reject any promotional material that does not meet these standards.
7.6. While the Platform will make reasonable efforts to provide effective promotional services, it does not guarantee specific outcomes, such as increased bookings, User engagement, or revenue generation, as these depend on various external factors, including market conditions and User preferences.
7.7. The Platform reserves the right to suspend or terminate promotional services for any Vendor found in violation of the terms of this Agreement / Terms & Conditions or the Platform’s policies. In such cases, no refund of promotional fees shall be provided.
7.8. The Platform may amend its promotional services offerings, terms, and fees from time to time. Any such changes shall be communicated to the Vendor with at least 30 days’ prior notice.
8. DELISTING POLICY FOR NON- COMPLIANCE
8.1. A Vendor may be subject to delisting from the Platform in the event of the following:
a. Failure to meet the agreed service standards, including but not limited to cleanliness, safety, punctuality, or User service.
b. Providing misleading, false, or inaccurate information about their facilities, services, or availability.
c. Causing financial or reputational loss to the Platform, including but not limited to delayed updates of available slots leading to User dissatisfaction or operational disruptions.
d. If the Vendor commits a material breach of any representation, obligation, covenant, warranty, or term of this Agreement / Terms & Conditions and fails to rectify the breach within 30 days of receiving written notice from the Company.
e. If a petition for insolvency is filed against the Vendor, rendering them incapable of fulfilling their obligations under the Agreement / Terms & Conditions.
f. If the Vendor is found to be infringing upon third-party rights, including intellectual property rights, which may expose the Platform to legal or reputational risks.
8.2. Upon the first instance of non-compliance, the Platform shall issue a formal notice to the Vendor outlining the specific violations. The Vendor shall be temporarily delisted from the Platform for a period of one month as a corrective measure. During this period, the Vendor must take necessary steps to address the violations and ensure compliance with the terms of this Agreement / Terms & Conditions.
8.3. If the Vendor fails to rectify the issues during the temporary delisting period or repeats the violations after being reinstated, the Platform reserves the right to permanently delist the Vendor. Prior to permanent delisting, the Vendor will be given a reasonable opportunity to present their case and provide an explanation for the non-compliance. The Platform shall review the Vendor’s response and make a final decision, which will be communicated in writing.
8.4. Before initiating permanent delisting, the Vendor shall be issued a written notice specifying the grounds for proposed delisting. The Vendor will have seven (7) days from the date of receiving the notice to submit a written explanation or request a hearing to address the concerns. The Platform will consider the Vendor’s explanation and may, at its sole discretion, decide to grant an extension for compliance or proceed with permanent delisting.
8.5. Once permanently delisted, the Vendor shall no longer have access to the Platform or its services. The Vendor’s account and listings will be permanently removed, and any outstanding payments or obligations shall be settled as per the terms of this Agreement / Terms & Conditions. The Vendor shall be prohibited from re-registering or onboarding with the Platform unless explicitly authorized in writing.
8.6. The decision to temporarily or permanently delist a Vendor lies solely with the Platform, based on the facts and circumstances of each case. The Company’s decision shall be final and binding.
9. CONSIDERATION AND PAYMENT TERMS
9.1. The Platform shall act as the intermediary for all bookings, collecting the full Booking Fees from Users on behalf of the Vendor. The Platform shall charge a Service Charge on the total booking amount, as provided in Annexure A. This Service Charge will be deducted from the payments made by Users before remittance to the Vendor. The collected Booking Fees may include applicable taxes, ancillary charges, or convenience fees, depending on the nature of the booking. The Platform will deduct the agreed Service Charge, before transferring the Vendor’s share. The Service Charge may vary based on promotional services, enhanced listing visibility, or other value-added features provided by the Platform.
9.2. The services provided by the Platform are subject to applicable Goods and Services Tax (GST) in accordance with prevailing laws. The Platform shall generate invoice on behalf of Vendor and the User shall pay the vendor Fees through the Platform. We shall deduct the Platform Fees and applicable taxes and remit the balance fees to the Vendor. The Vendor acknowledges that GST compliance is their sole responsibility, and the Platform shall not be held liable for any non-compliance on the part of the Vendor.
9.3. The Platform mandates that Users must pay the full booking amount upfront at the time of reservation. Partial payments or advance bookings with unpaid balances are strictly prohibited. The Vendor agrees to honor only those bookings that are fully paid through the Platform. We will provide vendor with unique series of Invoice Number that he can add in his GST invoice series.
9.4. The Platform shall process payments to the Vendor within T+3 day or cancelation window whichever is later, T being the date of booking, provided that the service has been successfully delivered and no disputes are pending. Payments will be made directly to the Vendor’s registered bank account. The Platform shall provide the Vendor with a detailed statement of transactions, including Booking Fees collected, Service Charges deducted, and the net amount disbursed.
9.5. In the event of a User complaint deemed valid by the Company, the Vendor agrees to cooperate fully in resolving the issue. This may include providing partial or full refunds to the User, offering compensation, or rescheduling services. The Company will mediate the resolution process and deduct the necessary refund amount from the Vendor’s pending payments. If the complaint arises from the Vendor’s failure to deliver services as promised, the Company reserves the right to take additional actions, such as suspending the Vendor’s account or imposing penalties.
9.6. The Company reserves the right to review and revise the commission percentage or GST applicability in accordance with changes in business strategy or tax regulations. Any such changes will be communicated to the Vendor in writing with a prior notice of at least 30 days.
10. LIABILITY FOR PROPOERTY DAMAGE AND CLIENT INJURIES
10.1. In the event of any property damage caused by a User who has made a booking through the Platform, the Company shall not, under any circumstances, be held liable for such damage. Any claims, disputes, or losses arising from property damage caused by the User or any persons accompanying the User shall be resolved directly between the Vendor and the User, without involving the Platform. The Vendor agrees to indemnify and hold the Company harmless from any claims, demands, or liabilities resulting from property damage caused by the client.
10.2. The Company shall not be liable for any injuries sustained by a client during their use of the Vendor’s facility or services unless explicitly agreed upon under the conditions outlined below.
10.3. The User may purchase an insurance policy offered by the Platform at the time of booking. The insurance, if purchased, shall be specific to each individual User and shall cover injuries or damages as per the policy terms. The Vendor acknowledges that the Company is not an insurer and merely facilitates the purchase of such coverage.
10.4. The Company shall not mediate or intervene in disputes arising between the Vendor and the User regarding property damage or injuries unless specifically required under applicable law or the insurance policy purchased by the User.
11. DATA SHARING, PROTECTION AND CONFIDENTIALITY:
11.1 The Platform shall share the following Vendor information publicly to facilitate User bookings and enhance service visibility:
a. Facility photos, videos, and amenities descriptions.
b. Address of the facility.
c. Google location link for easy navigation.
d. Reception contact number for inquiries and coordination.
e. Business name of the Vendor (no personal names or personal contact details will be disclosed).
f. No other Vendor information, such as financial data or personal details, will be shared publicly.
11.2 All sensitive information provided by the Vendor, including financial data, personal details, tax identification numbers, and bank account information, will be treated as confidential. The Platform employs advanced encryption protocols to ensure the security and integrity of Vendor data. Access to sensitive data is strictly limited to authorized personnel and used solely for purposes outlined in this Agreement / Terms & Conditions.
11.3 Vendors shall not have direct access to User data for bookings made through the Platform. The Platform will facilitate communication between the Vendor and the User as required for booking execution but without disclosing User personal details. Vendors are strictly prohibited from contacting Users or collecting any personal information of Users outside of the Platform’s communication channels. Any breach of this clause shall result in penalties, including delisting from the Platform, and may invoke legal action.
11.4 By entering into this Agreement / Terms & Conditions, the Vendor acknowledges and agrees to comply with the data sharing, protection, and confidentiality policies outlined herein. Any breach of these provisions shall constitute a material breach of this Agreement / Terms & Conditions, warranting immediate action, including penalties, delisting, and potential legal consequences.
12. TERM, TERMINATION AND EFFECTS OF TERMINATION
12.1. Term:
The term of this Agreement / Terms & Conditions shall begin on the date of execution and will remain in effect, unless terminated earlier as per the provisions of this Agreement / Terms & Conditions. This duration defines the initial period during which the Vendor and the Company are bound by the terms outlined herein.
The Agreement / Terms & Conditions may be extended for an additional term if both parties mutually agree in writing. Such extensions will require explicit documentation and approval from both the Vendor and the Company, specifying the terms of the extended period.
12.2. Termination
Either party may terminate this Agreement / Terms & Conditions by providing 30 days’ written notice to the other party without assigning reason.
12.3. Effect of Termination:
a. Upon termination or expiry of this Agreement / Terms & Conditions, the Company will immediately remove the Vendor’s Facilities from the Platform. This includes discontinuing the display of the Vendor’s listing and associated content on the Platform, ensuring that Users can no longer make bookings.
b. The Company shall not be held liable for any direct, indirect, or consequential damages incurred by the Vendor as a result of the termination or expiry of this Agreement / Terms & Conditions.
c. During the notice period, both parties shall continue to perform their obligations as specified under this Agreement / Terms & Conditions. This sub-clause will survive the termination of the Agreement / Terms & Conditions, ensuring accountability for obligations incurred before termination.
13. RIGHTS OF COMPANY
13.1. The Vendor agrees and acknowledges that the Company, at all times during the continuance of this Agreement / Terms & Conditions, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Vendor without any prior intimation to Vendor in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement / Terms & Conditions, terms and conditions of the Platform. In such an event, the Company reserves the right to forthwith remove/close the online store of the Vendor without any prior intimation or liability to the Vendor.
13.2. Company reserves the right to provide and display appropriate disclaimers and terms of use on the Platform.
13.3. At any time if the Company believes that the services are being utilized by the Vendor or its User in contravention of the terms and provisions of this Agreement / Terms & Conditions, Terms and conditions of use of the Platform, the Company shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to User or the End user as the case may be, without liability to refund the amount to the Vendor to forthwith remove/block/close the listing of Facilities of the Vendor and furnish such details about the Vendor and/or its Users upon a request received from the Legal/ Statutory Authorities or under a Court order.
14. WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS OF THE VENDOR
The Vendor warrants and represents that
14.1. They possess the legal right and full authority to enter into this Agreement / Terms & Conditions with the Company. The Vendor affirms that they have obtained all necessary internal and external approvals to execute and deliver this Agreement / Terms & Conditions, thereby binding their business to the obligations and responsibilities outlined herein.
14.2. All obligations undertaken by the Vendor under this Agreement / Terms & Conditions are lawful, valid, and enforceable. The Vendor guarantees compliance with applicable laws and regulations, ensuring that the commitments made within this Agreement / Terms & Conditions can be upheld in a court of law if required.
14.3. There are no legal, regulatory, or administrative proceedings pending against them that may materially impact their ability to perform their obligations under this Agreement / Terms & Conditions. This includes insolvency proceedings, lawsuits, or government investigations that could disrupt operations or affect their legal standing.
14.4. They are an authorized business entity with all necessary permissions, licenses, and approvals to operate their business and provide the Facilities. This includes obtaining and maintaining any certifications or permits required by local, state, or national authorities to conduct their operations and engage in an arrangement with the Company.
14.5. They shall provide the Company with any documents or information requested to fulfill the Company’s obligations under this Agreement / Terms & Conditions. The Vendor commits to submitting such documents within 24 hours of receiving a written notice from the Company, ensuring efficient operations and compliance.
14.6. The complete responsibility and liability for the services and Facilities provided to Users shall rest solely with the Vendor. Any claims, disputes, or liabilities arising from the quality, availability, or delivery of Facilities shall be the Vendor’s sole responsibility and liability. The Vendor shall not raise any claims against the Company in this regard, acknowledging that the Company acts solely as a facilitator.
14.7. They will not upload any content, including text, images, or graphics, that is vulgar, offensive, inaccurate, false, misleading, or in violation of public policy. The Vendor shall ensure that all uploaded material complies with the Platform’s guidelines and applicable laws, avoiding any content that could harm the reputation of the Platform or other parties.
14.8. They shall seek prior written approval from the Company before releasing any promotional or advertising material related to the services offered under this Agreement / Terms & Conditions. This ensures that all promotions align with the standards, guidelines, and branding of the Platform, maintaining consistency and professionalism.
15. CONFIDENTIALITY
Vendor agrees and undertakes to maintain the confidentiality of the information and user/User data disclosed, generated or made available to Vendor under this Agreement / Terms & Conditions. The said information shall not be used by the Vendor for any purpose other than for the performance of its obligations under this Agreement / Terms & Conditions. Vendor agrees that the unauthorized disclosure or use of such Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, Vendor agrees that the Company shall have the right to obtain an immediate injunction from any court of competent jurisdiction enjoining breach of this Agreement / Terms & Conditions and/or disclosure of the Confidential Information. Company shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.
16. INDEMNITY
16.1. The Vendor indemnifies and shall hold indemnified the Company, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s Facilities, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement / Terms & Conditions or arising out of the Vendor infringing any applicable laws, regulations.
16.2. The Company agrees to indemnify and to keep indemnified the Vendor in respect of all claims losses and expenses (including the cost of litigation if any) arising out of any breach or default part of the Company to perform its obligations under this Agreement / Terms & Conditions.
16.3. This article shall survive the termination or expiration of this Agreement / Terms & Conditions.
17. LIABILITY
17.1. The Company on the basis of representation by the Vendor has created the listing of the facilities of the Vendor on the Platform. This representation is the essence of the Contract.
17.2. The Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor arising out of any act of the User or persons claiming under User or any other party whomsoever, while using the Facilities offered by the Vendor, arising on account of any transaction between the Vendor and User.
17.3. Vendor shall be solely liable for any claims, damages, and allegations arising out of the Facilities or arising out of any negligence misconduct or misrepresentation by the Vendor or any of its representatives and shall hold the Company harmless and indemnified against all such claims, damages, suits, actions, complaints, compensation, etc.
17.4. The Vendor hereby agrees, confirms and acknowledges that the Facilities are owned and operated by the Vendor and that the Company is merely a facilitator for listing the Vendor’s Facilities, hence the Company is not responsible/ liable for the Facilities. The Company reserves its right to state appropriate Disclaimers on the Platform.
18. NOTICES
All notices and other communication under this Agreement / Terms & Conditions shall be in writing and in English and either delivered by hand or sent by telex, fax or courier in each case to the addresses set out at the beginning of this Agreement / Terms & Conditions.
19. NON-SOLICITATION
Soliciting Users after Termination of Agreement / Terms & Conditions. For the term of this Agreement / Terms & Conditions and for a period of one (1) year following the termination of this Agreement / Terms & Conditions, the Vendor shall not directly or indirectly, disclose to any person, firm or corporation the names or addresses of any of the Users or clients of the Company or any other information pertaining to them. Neither shall the Vendor call on, solicit, take away, or attempt to call on, solicit, or take away any User of the Company on whom you have called or with whom you became acquainted directly or indirectly during the term of this Agreement / Terms & Conditions.
20. ENTIRE AGREEMENT / TERMS & CONDITIONS
This Agreement / Terms & Conditions embodies the entire Agreement / Terms & Conditions and understanding of the Parties and supersedes any and all other prior and contemporaneous Agreement / Terms & Conditionss, arrangements and understandings (whether written or oral) between the Parties with respect to its subject matter.
21. ASSIGNMENT
Neither this Agreement / Terms & Conditions nor any part of it is assignable, transferable, sub-licensable, sub contractible or conveyable by Vendor, either by operation of law or otherwise, without the express, prior, written consent of the Company signed by an authorized representative of such Party.
22. RELATIONSHIP OF PARTIES
Nothing in this Agreement / Terms & Conditions will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Vendor, and Vendor shall not represent neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.
23. WAIVER AND AMENDMENT
No waiver of any breach of any provision of this Agreement / Terms & Conditions constitutes a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorized representative of the waiving Party. Except as expressly set out in this Agreement / Terms & Conditions, no amendment is binding on the Parties unless it is in writing and signed by a duly authorized representative of each of the Parties.
24. FORCE MAJEURE
Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement / Terms & Conditions due to unforeseen circumstances or any event which is beyond that Party’s reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
25. DISPUTE RESOLUTION
All disputes arising out of this Agreement / Terms & Conditions shall be resolved amicably by the Parties through mutual consultation. If the Parties fail to resolve the issues through such mutual consultation, the dispute shall be referred to arbitration as per the provisions of the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by the Parties mutually. The seat and venue of arbitration shall be Pune and the language of arbitration shall be English.
26. JURISDICTION AND GOVERNING LAW
The obligations, performance, interpretation and contents shall be governed by Indian law.
Subject to the provisions of negotiation and arbitration each Party irrevocably and unconditionally submits to the jurisdiction of Courts at Pune, Maharashtra.
In witness whereof the parties have hereto caused their respective Signatures and Company seal to be affixed the day and year first hereinabove mentioned.