Terms


TERMS OF SERVICE

OVERVIEW

This website is operated by Awestrich. Throughout the site, the terms “we”, “us” and “our” refer to Awestrich. Awestrich offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Awestrich is a Sole Proprietorship owned and managed by Rihen Ajmera.

By visiting our site and/ or booking something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, Natives, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 –  SERVICE DESCRIPTION

The Service an online platform that connects local insiders who have unique knowledge of and experience with a particular travel destination or activity (“Natives”) with travelers seeking to receive services related to such destinations and activities (“Travelers”). (“Natives”) lead experiences on the ground. Through the Services, Natives may create and post profiles (“Profiles”) that provide information about the Native’s knowledge and experience, and may make themselves available to offer certain services to Travelers at a particular destination (each such service, an “Experience”). Travelers may select Natives (or may request that Awestrich attempt to connect them to a Native) to provide the Traveler with an Experience.

Awestrich makes available a platform for Travelers and Natives to meet online and arrange for Experiences. Awestrich is not an operator of tours, activities or Experiences, nor is it a Native of tours or activities, and Awestrich does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Awestrich’s responsibilities are limited to: (i) facilitating the availability of the Services; (ii) serving as the limited agent of each Native for the purpose of accepting payments from Travelers on behalf of the Native; and (iii) in certain instances, booking lodging accommodations on behalf of Travelers as detailed below.

YOU UNDERSTAND AND AGREE THAT AWESTRICH IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN NATIVES AND TRAVELERS, NOR IS AWESTRICH AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN NATIVES AND TRAVELERS. AWESTRICH CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCES. AWESTRICH HAS NO CONTROL OVER THE CONDUCT OF NATIVES, TRAVELERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY EXPERIENCES ARE AT THE NATIVE’S AND/OR TRAVELER’S OWN RISK.

 

SECTION 2 – REGISTRATION

You may be required to register with Awestrich in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

SECTION 3 – MODIFICATION OF SERVICES

Awestrich reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Awestrich will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

SECTION 4 – NATIVE OBLIGATIONS:

As a Native, you may request to Become A Native that showcase your experience, activities you can lead, and the type of Experiences you can help Travelers plan. Profiles will be made by Awestrich that will publicly available via the Services, and other Members may contact you based upon the information provided in your Profile. You acknowledge and agree that you are responsible for your Profiles and your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Experience at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the Experience, if applicable).

You understand and agree that Awestrich does not act as an insurer or as a contracting agent for you as a Native. If a Traveler requests your expertise for a Experience and participates in your Experience, any agreement you enter into with such Traveler is between you and the Traveler and Awestrich is not a party thereto. Notwithstanding the foregoing, Awestrich serves as your limited authorized agent:

for the purpose of accepting payments from Travelers on your behalf, and is responsible for transmitting such payments to you, subject to these Terms of Service, and

You are responsible for all other bookings, including without limitation on-the-ground arrangements, tours or experiences you host, restaurants and similar bookings.

You represent and warrant that your Profile and your planning of and/or guidance on any Experience:

will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies)

will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any such Experience, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties.

Will provide correct bank details in order for payments to be processed.

Please note that Awestrich assumes no responsibility for any Native’s or Traveler’s compliance with any applicable laws, rules and regulations. Awestrich reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Awestrich, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

Awestrich recommends that Natives and Travelers obtain appropriate insurance for their Experiences. Please review any insurance policy that you may have for your Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inaction of Travelers (and the individuals the Traveler invites to the Experience, if applicable) while participating in your Experience.

BOOKINGS AND FINANCIAL TERMS FOR NATIVES:

Except in the case of a Pre-Approved Event (as defined below), if you are a Native and a booking is requested for your Experience via the Services, you will be required to either confirm or reject the booking within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by Awestrich in its sole discretion) or the booking request will be automatically cancelled. If you are unable to confirm or decide to reject a booking of an Experience within the specified timeframe, any amounts collected by Awestrich for the requested booking will be refunded to the applicable Traveler’s credit card and any pre-authorization of such credit card will be released. You may be able to create a Listing that is pre-scheduled for a specific time and date, where the Traveler’s booking may be automatically confirmed (a “Pre-Approved Event”). When a booking is requested via the Services, we may share with you the first and last name of the Traveler via Phone & E-Mail.

The fees displayed in each Listing are comprised of the Experience Fees & Awestrich’s commission. Where applicable, Taxes may be charged in addition to the Experience Fees. The Experience Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Traveler solely relating to a Native’s Experience are the “Experience Fees”. Please note that it is the Native and not Awestrich which determines the Experience Fees. Awestrich will collect the Fees at the time of booking confirmation (i.e. when the Native confirms the booking within the specified timeframe) and will initiate payment of the Experience Fees (less Awestrich’s Fees (defined below)) to the Native within 48 hours of when the Traveler arrives at the applicable Experience (except to the extent that a refund is due to the Traveler). However, please note that we will not be responsible for delays in remitting Experience Fees, which can vary based on the bank, payment Native, currency, location, etc. Be aware that in some instances it may take up to 30-60 days to receive funds as a result of bank and third-party payment Native process and regulations.

 

SECTION 5 – USER CONTENT

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Awestrich and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Awestrich are non-confidential and Awestrich will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Awestrich may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Awestrich, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

SECTION 6 – THIRD PARTY WEBSITES:

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Awestrich has no control over such sites and resources and Awestrich is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Awestrich will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Awestrich is not liable for any loss or claim that you may have against any such third party.

 

SECTION 7 – REFUND/CANCELLATION POLICY

Traveler – You are eligible for a full refund (less payment gateway fees) if you cancel your experience 48 hours before it is scheduled. If you feel that the experience was not as mentioned in the profile, we request you to contact us on support@awestrich.com or call us on +91-8898886936 immediately after the experience and we will look into the experience. If the Native cancels an experience we will either try to accommodate another experience for you or provide you with a full refund. You will not be eligible for refunds if you arrive late for an experience.

 

SECTION 8 – INDEMNITY AND RELEASE:

You agree to release, indemnify and hold Awestrich and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

 

SECTION 9 – DISCLAIMER OF WARRANTIES:

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Awestrich expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Awestrich makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

 

SECTION 10 – LIMITATION OF LIABILITY:

You expressly understand and agree that Awestrich will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Awestrich has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

 

SECTION 11 – TERMINATION:

You agree that Awestrich, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Awestrich believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Awestrich may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Awestrich may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Awestrich will not be liable to you or any third party for any termination of your access to the Service.

 

SECTION 12 – USER DISPUTES:

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Awestrich will have no liability or responsibility with respect thereto. Awestrich reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service. If Awestrich, does enter into disputes, the managements decision will be final.

 

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 14 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 15 – YOUR PRIVACY

At Awestrich, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

 

SECTION 16 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Mumbai, Maharashtra

 

SECTION 17 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@awestrich.com