These Terms and Conditions constitute a legally binding agreement made between TRIPNXT HOSPITALITY PRIVATE LIMITED ("Company”, “We”,' “Us”, or “Our”) and users, tour operators, activity organizers, and ticket suppliers ("Host", "Individual", "Company" or "You") who register as a Host ("Individual" or "Company") or set up a Host ("Individual" or "Company") profile and create tours, experiences, activities, and tickets offered for sale on TripNxt.com ("Site"), whether personally or on behalf of an entity to end users ("Traveller(s)"). These Terms and Conditions explain the relationship between Host ("Individual" or "Company") and TripNxt.

You must read these Terms and Conditions before using this Site, Use of the Site constitutes an agreement to all Terms and Conditions and You warrant that You agree, understand and accept all the Terms and Conditions.

1) GENERAL

TripNxt.com connects Host with Travellers who are searching to purchase tours, experiences, activities, and tickets. Tripnxt.com, is a platform and acts as a mediator who communicates and processes payment for these services. TripNxt maintains the website, handles customer service through Email, Telephone, and WhatsApp promotes the Site through various means like SEO, PPC, PR, Online and Offline Advertising. We may collect money on your behalf and transfer You in a timely manner.

You understand that You are an independent service provider and not an employee of TripNxt. You agree that the travellers who connect with You are customers of TripNxt and You will ensure that any sales done from such customers are done through Tripnxt.com or any other means on which we mutually agree.

You represent and warrant to TripNxt that You are aware of and are in compliance with any licensing and legal restrictions that may be placed on the delivery by You of any tours, experiences, activities or tickets.

You also acknowledge and agree that You shall be solely responsible for all the supply of any equipment or vehicles required for tours, experiences or activities will be arranged and provided by You and You shall ensure, prior to the commencement of tours, experiences or activities that such equipment or vehicles are in good and working conditions also it complies with all applicable safety standards.

2) HOST REGISTRATION

2.1) Upon registering on TripNxt.com, the Host is entitled to offer his/her services through the platform. In the course of registration on the platform, the Host by default accepts and agrees to the Terms of Use and Privacy Policy. It will be treated as the Host has read, understood, agreed and bound by the Terms of Use and Privacy Policy.

2.2) TripNxt asks for the identity proof of the Host entering into the contract. However, we are not sure or responsible if the identity proof submitted by the Host is authentic. TripNxt may also use third-party verification service in order to perform background checks. These services may verify information such as Name, Address, Criminal Background.

2.3) The Host shall quote the prices of their tours, experiences, and activities inclusive of taxes like GST, VAT or any local taxes.

2.4) TripNxt has the right to Approve or Reject the Host applications on the basis of the Terms and Conditions and the information provided to us. TripNxt always focuses on the quality of the tours, experiences or activities that You as a Host deliver.

3) HOST DUTIES

3.1) The Host should confirm and warrant that all the information regarding this offer shall be true, accurate and not misleading. The Host shall update the listed information time to time as required to maintain the accuracy. The Host may be held liable for all the Travellers claims based upon alleged inaccurate information listed and displayed on the Platform such as Prices, Information regarding the tours, experiences or activities.

3.2) The Host represents and warrants that all the offerings shall be only rendered in compliance with all applicable laws, laws of the country of the Host.

3.3) The Host is required to check the emails at least once a day for any bookings. Host is responsible to complete all the inclusions mentioned in the tours, experiences or activities.

3.4) The Host ("Company") represents and warrants that all the employed Hosts ("Individuals") meet all necessary legal requirements, including professional qualifications and allowances. The Host ("Company") is fully responsible for the conduct of the guide with regard to customers or other persons who genuinely use the services.

3.5) The Host may only offer his/her own service on the platform. The Host may not offer services as in intermediary or agent. If Host offers services as an intermediary or agent he/she shall be treated as contracting the party and shall be held liable for any respective damages.

3.6) The Host should not reveal to anyone or misuse the information of the Travellers in any manner. You hereby agree to hold TripNxt harmless for any damages that may result.

3.7) The Host ("Company") is obliged to provide Travellers with a proper tax invoice.

4) CODE OF CONDUCT FOR HOST

TripNxt is committed towards the safety of the users and TripNxt Hosts are expected to follow the Code of Conduct as part of the relationship between both of us.

A serious breach of this Code of Conduct means that TripNxt can take any legal action against You and remove You from the TripNxt platform and withdraw future offerings.

4.1) Avoid unsafe situations, always ensure the safety of the Travellers. Inform Travellers for any relevant safety procedures whenever necessary.

4.2) Always keep your mind peaceful, be pleasant, professional, dress casually and always help the Travellers.

4.3) Do not make negative remarks or complains about TripNxt in front of Travellers. If You have any issues, You can contact our support anytime.

4.4) All TripNxt trips are private, so do not bring or invite anyone who is not included in the booking. It is against the TripNxt policy.

4.5) Always keep checking your email and phone for any bookings, cancellations or messages from Travellers. You must be reachable all the time during or before the tour.

4.6) In case of an emergency always call emergency services like police, ambulance or fire, etc. If possible try to inform TripNxt support about the situation.

4.7) Always fulfil your offerings like the itinerary and inclusions. In case of any complaints by the Traveller or the traveller is not happy with the trip, the amount will be refunded to the Traveller after investigating the issue by TripNxt.

4.8) Do not discuss the contract between TripNxt and You with Travellers.

4.9) We do not tolerate any discomfort caused to Travellers. Things, like smoking, drinking alcohol, chewing tobacco or gutkha or any illegal drug substances, is strictly prohibited during the trip. Even if the trip is about wine tasting, we recommend not to join with the Travellers in drinking. Hosts should always be active during the trip.

4.10) Do not make any emotional or intimate involvement with the Travellers. TripNxt hosts should keep trust and show professionalism all the time during the trip.

4.11) Never enter Travellers hotel room or residence to avoid any misunderstandings or misinterpretations.

4.12) You should genuinely use the TripNxt platform only for the travel-related offerings like listing experiences, tours or activities and should not use the platform for any other business with Travellers or other Hosts.

4.13) You should not cancel the bookings or not showing up for a trip without notifying TripNxt or Travellers with at least 24 hours in advance is not acceptable except in emergency situations. Frequent cancellation or no show ups will lead in account termination.

5) GRANT OF LIMITED LICENSE

By listing the tours, experiences or activities content on TripNxt, Host:

5.1) Grant TripNxt and its affiliates a non-exclusive, royalty-free and worldwide right and license to use, reproduce, display, modify, distribute, have distributed, and promote the content in any form, anywhere and for the purpose of selling and marketing TripNxt or your tours. experiences or activities offerings.

5.2) Warrant and represent that You own or otherwise control all of the rights to the content and the use of your content by TripNxt does not violate the rights of any third-party. You are liable for any claim of third-party related copyright infringements of content he/she has provided to TripNxt.

5.3) In the event that content you listed on TripNxt website violates the rights of third-party, you agree to indemnify us against any losses and liabilities that may result from the action of such third-party against TripNxt.

6) BOOKINGSHost Cancellation Policy.

6.1) All the visitors to the Platform will have access and opportunity to view the offered services without prior registration. If a visitor intends to purchase any tour, experience, activity or tickets and make any booking then the visitors need to register on the Platform and the Host will be notified of any such bookings.

6.2) All the bookings done on TripNxt are instantly confirmed by the system as long as the slots available for a particular tour, experience, activity or tickets. The Host shall keep all the slots up-to-date from time to time.

6.3) TripNxt is not responsible for the accuracy of Traveller related data.

6.4) Details regarding cancellation of the bookings under various situations can be found in Host Cancellation Policy.

6.5) Frequent cancellation of the bookings are not entertained and it's against TripNxt policy. TripNxt has the right to terminate your account and discontinue any services in the future.

7) TOURS, EXPERIENCES AND ACTIVITIES

7.1) The Host shall be solely responsible for all the information and content provided on the Platform. The Host should ensure that the provided information is always up-to-date. Invalid information must be edited or deleted immediately.

7.2) The information provided by You should be clear and understandable to the Travellers.

7.3) Approval, Rejection or any update required to your offerings shall be decided by TripNxt post-screening of the content. Any reason for actions mentioned shall be provided by the comment and will be notified to you.

7.4) The Host can give a discount to his/her offerings as per his/her choice.

7.5) TripNxt shall be entitled to run promotions, offers or discounts on the offering price at its own cost.

8) MARKETING

8.1) TripNxt is entitled to promote the services of the Host using Host name(s) in online and offline marketing including PPC or email marketing.

8.2) TripNxt decides how to advertise the offers of the Host which is best for both TripNxt and Host.

8.3) If in any manners TripNxt is breaching the intellectual property rights of the Host content, then the Host will notify TripNxt in writing with all the details of the conduct and TripNxt will take necessary actions according to the conduct of breach.

8.4) TripNxt adverts online and offline marketing campaigns on its own cost and discretion.

9) COMPLAINTS

Complaints made by the Travellers regarding Host offerings are to be dealt with the Host as TripNxt is not responsible for any disclaims and liability. TripNxt may at any time with its sole discretion 1) may issue a refund to customers for bad service or trip 2) act as an intermediate between Host and Travellers 3) provide any costs or alternate service of an equal or higher amount. 4) assist Travellers in their communication with or actions against the Host.

10) COMMISSION PAYMENT TO TRIPNXT

Host agrees to pay a commission as mentioned by TripNxt on activation of the account on successful completion of the booking. The commission will be deducted from the gross amount of your tour, experience or activity as a service charge of the Platform.

11) REFUNDS TO TRAVELLERS

Travellers may claim for a refund of the amount paid for your tour, experience or activity as stated in the “Traveller Cancellation Policy”. In that event refund is made, only the amount actually received by TripNxt, less our platform fee will be paid to the Travellers.

12) PAYMENTS TO YOU

TripNxt collects the entire amount paid by the Travellers for the services You provide, for all the funds received by us, less platform charges and commission fee subject to any deductions for amounts withheld pursuant to section 11 above.

The payments will be made to you on a 15 days cycle as 1st to 15th of every month and 15th to 30th of every month.

13) REVIEW

Travellers have the opportunity to give a review of the services booked by them on TripNxt. The reviews are exclusive content of TripNxt and Host cannot give any review to any of his services or other’s services. The objective of the review is to understand the experiences taken by the Travellers to improve or appreciate Host services.

14) CANCELLATIONS

For cancellation policy, please visit Host Cancellation Policy.

15) WARRANTIES

TripNxt.com does not warrant that this website and/or our services will be uninterrupted, is free from viruses, other harmful software or error-free. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change, add, remove or update the information on the Site at any time, without prior notice to any user.

16) LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

17) INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18) CHANGES IN TERMS OF THIS AGREEMENT

This Agreement was last updated on February 1, 2020. TripNxt reserves the right to make changes to this agreement from time to time. TripNxt shall provide notice to You in any changes made in this agreement or policies posted on the Site. Such notice shall be by email and posting on the Site.

19) TERM AND TERMINATION

19.1) This agreement is concluded for an indefinite period of time.

19.2) TripNxt and Host may terminate the contract at any time and without cause. The confirmed bookings shall be executed as planned.

19.3) TripNxt may terminate this agreement immediately for any breach or violations of this agreement, the “Code of Conduct for Host” or any applicable policy of TripNxt as posted on the Site from time to time. TripNxt is entitled to take one or more actions as below into account the respective of the Host in the respective case:

❖ Issue the Host with a warning

❖ Delete the Host offerings

❖ Temporarily deactivate the Host account

❖ Permanently terminate the Host account

20) LEGAL CLAIMS

For all disputes between TripNxt and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and TripNxt, or any related matters ("Disputes"), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before a court of competent jurisdiction.

If You initiate a Dispute against TripNxt, then the Dispute must be commenced through the courts of Karnataka, India and You hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of Karnataka, India, in respect of such Disputes. Proceedings regarding a Dispute You initiate must be commenced in a court of competent jurisdiction in the City of Bengaluru, India within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.

21) GENERAL PROVISIONS

Failure by TripNxt to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms and Conditions, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of Karnataka, India.

These Terms and Conditions constitute the entire agreement between You and TripNxt with respect to the Site. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms and Conditions shall remain in full force and effect. These Terms and Conditions inure to the benefit of TripNxt, its successors and assigns.

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.