These terms form a legally binding agreement between Users (“User(s), you, your, customer(s), yourself”) and Meyatri.com by NightOut.
Please read these terms carefully before accessing, using, obtaining or availing any products or Services by Meyatri.com By Nightout. If you do not agree with these Terms of Use you may refrain from using the Platform and/or Services. These conditions must be read in conjunction with any other applicable terms and conditions governing the use of Meyatri Platform and Services.
Meyatri reserves the right to modify these Terms of Use at any time at its sole discretion. It will be your responsibility to keep yourself updated with the Terms of Use from time to time, your continued usage of the Meyatri Platform and Services would be deemed to be an acceptance of these terms and the modifications thereto.
Table of Content below
1. Scope of Services
Meyatri through the Website Platform. Product/Services Listed, managed and/or owned by third parties (“Channel Partners”) as per agreed terms with Meyatri or Meyatri as the case maybe to help the Users avail the Services right ( Meyatri’s Service). We offers Services to its Users by offering its products which shall include but shall not be limited to:
2. Eligibility to use
You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. Meyatri reserves the right to terminate User’s access and refuse to provide User with access to the Meyatri Platform if we discovers that User is under the age of 18 years.
3. Account Registration and use
We makes the Services available to you through website upon you providing certain required User information and having created an account ("Account") through Login ID and password or other log-in ID and password (collectively, the "Account Information"). The Platform requires you to register as a User by creating an Account in order to utilize the Services provided. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify us of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that you exit/log out from the account at the end of each session. We cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by meyatri or any other customer or visitor to the Platform due to authorized or unauthorized use of your account as a result of your failure in keeping its Account Information secure and confidential.
Meyatri also allows restricted access to the Platform for unregistered users. At the time of registration, you shall ensure that the Account Information provided by you in the Platform registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
4. Meyatri Services
Meyatri is primarily responsible for providing a listed services and for ensuring the acceptability of the services as promised by Meyatri to its customers.
1. WE understands the NEW age Customers requirements and accordingly offers wide variety of listed services at its platform to service its Customer..
2. Providing its Customers with the booking voucher that entitles them to avail service in our LIsted properties provided by our Channel partners as per terms agreed with Meyatri.
3. In case Customers are not able to select the properties/services from our website, you can call our customer support desk and our team will help you find a suitable Solutions to your requets.
4. If any services is denied for a confirmed booking, Meyatri shall ensure that User is provided with an alternate of comparable standards. In an event, where the alternate could not be provided, Meyatri shall arrange for the refund of any pre booking amount collected from the User.
5. Meyatri also promises its Users of a Great experiences at all.
6. You can reach out to us by:
a. Writing to us on the support page
b. Calling us on our 24X7 guest support helpline
Our guest support team will ensure the best and resolve your concern.
7. Meyatri involved with the Users right from the time when booking is made through platform and throughout the bookings, ensuring that the User gets a comfortable and hassle free experience.
5. Terms specifically applicable to Customer :
Users availing Services and Meyatri Products via the Meyatri Platform (hereinafter referred to as “Customers”) shall be governed by the following terms and conditions:
A. Reservation or booking of services
The process of booking Services from this Meyatri Platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services. The User agrees, acknowledges and confirms that before placing any order on the Meyatri Platform, the User shall check the Service description and price carefully and by placing an order for a Service you agree to be bound by these terms including the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on Meyatri Platform. That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with the terms, and believing the same to be true and acting on the faith thereof, Meyatri has agreed to provide the Services to the User as per the terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Meyatri:
a. the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to Meyatri for Services ordered by the User.
b. In the event of detecting any suspicious activity from User’s account, Meyatri reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
c. In a credit card transaction; you must use your own credit card for which User has full right & authority to validly use such credit card for making payment to Meyatri. Meyatri shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User.
d. While using the Meyatri Platform User shall at all times strictly comply with the payment procedure and the terms mentioned herein in their entirety.
e. Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the listed product and usage fee of the listings as has been displayed on Meyatri's Platform.
The User agrees and acknowledges that in the Meyatri Platform all Services are offered only at the sole discretion of Meyatri.
B. Payment & Usage Fee
You hereby agree and understand that you will have to pay the usage fee as mentioned on the Meyatri Platform for the concerned Services via the payment mode provided on the Meyatri Platform post which User’s requested reservation will be confirmed. Once the booking request has been confirmed, Meyatri will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.
Meyatri uses third party payment or current account details to receive payments from User. Meyatri is not responsible for delays or erroneous transaction execution or cancellation of bookings due to payment issues. Meyatri takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
User making payments for Services provided via the Meyatri Platform, would be making payments to the entities.
C. Responsibility
You are requested to kindly take due care of all their personal valuables and belongings. Meyatri and its employees shall NOT be responsible for any loss, theft or damage to the Guests' personal valuables and belongings.
D. User / Guest Verification
User / Guest verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Guest’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Guests to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Guests, (ii) screen Guests against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Guest, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
6. Usage terms
The information, materials, Services available on the Meyatri Platform may inadvertently include inaccuracies, typographical errors, or outdated information, Meyatri is not responsible for and shall not be bound to honor typographical or pricing errors on the Meyatri Platform. Meyatri reserves the right to refuse or cancel orders/bookings at any time, including but not limited to the orders/bookings that contain incorrect prices or product descriptions, orders in which Meyatri believes the User has violated applicable laws or these terms, orders that Meyatri believes are harmful to Meyatri or orders that Meyatri believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Meyatri neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. Subject to the Services referred in Paragraph “Meyatri services“ Meyatri, in relation to its platform, expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the Services and/or products.
Meyatri shall not be responsible for the delay or inability to use the Meyatri Platform unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Meyatri Platform, or otherwise arising out of the use of the Meyatri Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Meyatri shall not be held responsible for non-availability of the Meyatri Platform during periodic maintenance operations or any unplanned suspension of access to the Meyatri Platform that may occur due to technical reasons or for any reason beyond Meyatri’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Meyatri Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Meyatri accepts no liability for any errors or omissions, with respect to any information provided to the User.
Meyatri may make access to and use of the Meyatri Platform, or certain areas or features of the Meyatri Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria,meeting ratings or reviews thresholds, or a User’s booking and cancellation history.
Due to the nature of the Internet, Meyatri cannot guarantee the continuous and uninterrupted availability and accessibility of the Meyatri Platform. Meyatri may restrict the availability of the Meyatri Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Meyatri Platform. Meyatri may improve, enhance and modify the Meyatri Platform and introduce new Meyatri Services from time to time.
Meyatri may enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your Meyatri Account. For example, we may enable Users to link their Meyatri Accounts to businesses and take actions for those businesses, we may enable eligible Users or certain third parties to book listings on behalf of other Users. These features do not require that you share your credentials with any other person. No third party is authorized by Meyatri to ask for your credentials, and you shall not request the credentials of another User.
7. Prohibited Content :
As a pre-condition of use of the Meyatri Platform, User warrants to Meyatri that User shall not use this Meyatri Platform for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the User agrees that this license to use Meyatri Platform will terminate immediately upon User's violation of this warranty. Meyatri reserves the right, at its sole discretion, to block/terminate User's access to this Meyatri Platform and its content at any time, with or without notice. The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the Meyatri Platform by the User:
a. shall not be false, inaccurate, misleading or incomplete; or b. shall not be fraudulent or involve the use of counterfeit or stolen credit cards; or c. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or d. shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or e. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or f. shall not create liability for Meyatri or cause Meyatri to lose (in whole or in part) the services of Meyatri’s ISPs or other service providers/suppliers. If the User contravenes the foregoing or Meyatri has reasonable grounds to suspect that the User has contravened the foregoing, Meyatri has the right to indefinitely deny or terminate User's access to the Meyatri Platform and to refuse to honor the User's request(s).
The Users are prohibited from engaging in the following activities:
a. Systematically retrieve data or other content from the Meyatri Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. b. Make any unauthorized use of the Meyatri Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. c. Circumvent, disable, or otherwise interfere with security-related features of the Meyatri Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Meyatri Platform and/or the Content contained therein. d. Engage in unauthorized framing of or linking to the Meyatri Platform. e. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. f. Make improper use of our support services or submit false reports of abuse or misconduct. g. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. h. Interfere with, disrupt, or create an undue burden on the Meyatri Platform or the networks or services connected to the Meyatri Platform. i. Attempt to impersonate another user or person or use the username of another user. j. Sell or otherwise transfer your profile. k. Use any information obtained from the Meyatri Platform in order to harass, abuse, or harm another person. l. Use the Meyatri Platform as part of any effort to compete with us or otherwise use the Meyatri Platform and/or the Content for any revenue-generating endeavor or commercial enterprise. m. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Meyatri Platform. n. Attempt to bypass any measures of the Meyatri Platform designed to prevent or restrict access to the Meyatri Platform, or any portion of the Meyatri Platform. o. Copy or adapt the Meyatri Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. p. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Meyatri Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Meyatri Platform. q. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism. r. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Meyatri Platform, or using or launching any unauthorized script or other software. s. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Meyatri Platform. t. Use the Meyatri Platform in a manner inconsistent with any applicable laws or regulations.
8. Communications
When you use the Meyatri Platform, you agree and understand that you are communicating with Meyatri through electronic records and you consent to receive communications via electronic records from Meyatri periodically and as and when required. Meyatri may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that Meyatri shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, Meyatri will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Meyatri Platform, you agree that Meyatri shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that Meyatri shall not be held liable or responsible for 'phishing attacks' on you. You may accept or decline the cookies when you accesses Meyatri Platform. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
9. Third Party Links
This Meyatri Platform may at Meyatri sole discretion, contain links to Meyatri Platforms owned and maintained by persons or entities other than Meyatri. Meyatri may also provide links to the other sites for purpose of enabling the Customer to make payment to Meyatri. Any of the foregoing links do not constitute an endorsement by Meyatri of any such sites and are provided only as a convenience. Meyatri is not responsible for the content or links displayed on such sites. Meyatri is not responsible for the privacy practices of such sites which Meyatri does not own, manage or control. Meyatri does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Meyatri Platform may be linked and Meyatri shall not be responsible for any deficiency thereof. Meyatri does not endorse any or all of the materials, Services, and services available on such linked sites, and Meyatri expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.
10. No warranty
The Services are provided by Meyatri on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Meyatri makes no warranty that (i) Meyatri Platform or the Services will meet your requirements or your use of the Meyatri Platform or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Meyatri Platform, or Services will be effective, accurate or reliable; (iii) the quality of the Meyatri Platform, or Services will meet your expectations; or that (iv) any errors or defects in the Meyatri Platform or Services will be corrected. No advice or information, whether oral or written, obtained by you from Meyatri or through or from use of the Meyatri Platform shall create any warranty not expressly stated in the terms of use. Meyatri shall have no liability to the User for any interruption or delay, to access the Meyatri Platform irrespective of the cause.
It is hereby further clarified that Meyatri and Channel Partners are separate and independent entities and Meyatri does not work as representative or agent of the Channel Partner.
Meyatri will be the first point of contact in respect of online payment dispute management, refunds, cancellations, returns and customer support as they relate to the use of Meyatri services. User can reach out to Meyatri to mediate or resolve any online payment dispute or disagreement between User and Channel Partners. Meyatri shall not be made a party to any dispute between the User(s) and Channel Partner(s), except in disputes relating to Meyatri services as mentioned above.
11. Limitation of Liability
Meyatri shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Meyatri Platform or any of the information, software, services and related graphics contained within the Meyatri Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Meyatri has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, MEYATRI'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING Meyatri SERVICES/ BROWSING THE Meyatri PLATFORM SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
You hereby waive any and all claims, causes of action, or the rights to bring such claims or causes of action, arising out of or related to the site, communication, or these terms and conditions after one (1) year from the first occurrence of the kind of act, event, condition, or omission upon which the claim or cause of action is based. In an event, Meyatri is made liable to pay for losses, damages, etc. as mentioned above, under any law for the time being in force. Meyatri has a right to recover the same under such law from the fees / revenue to be remitted to Channel Partner and remit the balance to the Channel Partner during monthly settlement process.
12. Refund Claim Period
If you wish to claim a refund, you have to check with the end service provider for claim option.
13. Modification of these Terms
Meyatri reserves the right to modify these Terms at any time in accordance with this provision.
14. General Provisions
Governing Law and Jurisdiction: This Agreement, and all transactions entered into on or through Meyatri Platform shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Meyatri Platform, the terms or any transactions entered into on or through the Meyatri Platform or the relationship between User and Meyatri shall be subject to the exclusive jurisdiction of the courts at Delhi and User hereby accede to and accept the jurisdiction of such courts.
No Waiver :Any failure, delay or forbearance on the part of Meyatri in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by Meyatri of any right, power or privilege preclude any other future exercise or enforcement thereof.
Severability: The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
