The website located at www.urbanaut.in and the mobile application ‘Urbanaut’ available for download on the Android and iOS stores (together, the “Platform”) are owned and operated by Urbanaut Technologies Private Limited (“Company”). Through the Platform, the Company provides the Platform’s users, (i) access to a travel and discovery platform where creative, discerning locals share their insider tips, new discoveries and secret spots with other residents and travellers through the Platform, and (ii) an opportunity to purchase membership in the Program (as defined herein) offered by the Company.
The term ‘Company’, ‘we’ or ‘us’ refers to Urbanaut Technologies Private Limited. The term ‘you’ refers to the users of the Platform, and members of the Program.
The Program is provided by the Company subject to the terms and conditions set forth in these Terms and Conditions (“Terms”). By purchasing membership in the Program, you agree to comply and be bound by these Terms, and to be bound by and comply with the Partner Terms (as defined herein). The Company reserves the right to modify these Terms from time to time. All modifications will be posted on the Platform and unless otherwise specified, will become effective upon such posting to the Platform. Please read the Terms regularly to remain informed of any change.
The Terms were last modified on: Friday, 27 November, 2020.
Definitions
In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:
“Benefits” shall mean benefits and offers, made available by the Partners to the Members under the Program.
“Member” shall mean the natural persons who have purchased membership in the Program.
“Partner(s)” shall mean the restaurants, pubs, hotels, villa rental providers, operators of attractions, activity and experience providers, and other persons and entities, who have partnered with the Company for the offering of Benefits to Members, in the Territory.
“Partner Terms” shall mean the terms, rules, policies and guidelines specified by a Partner which govern the Partner’s offering of Benefits to Members.
“Program” shall mean the membership based program operated by the Company under the name ‘Urbanaut Plus 2021’ , whereunder, Members may avail Benefits, including curated personalised experiences, offered by the Partners, and as more particularly set out under Paragraph 6 below.
“Territory” shall mean the territory of Goa, India.
Interpretation
In these Terms, unless the context otherwise requires, words importing the singular include the plural and vice versa, and references to any gender include every gender. The headings to paragraphs are inserted for convenience only, have no legal effect and shall not affect the interpretation of the Terms. It is understood that any phrase introduced by the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
Eligibility
Only natural persons will be eligible to purchase/renew membership in the Program. Any individual seeking to purchase/renew membership in the Program must be above 18 (eighteen) years of age or above the age of majority as per the law applicable to such individual and must not be disqualified from contracting by any law to which the individual is subject. By placing an offer for the purchase of membership in the Program and availing of the Benefits under the Program, you represent and warrant that you are of legal age and not prohibited by law from purchasing or availing the Benefits extended under the Program.
Term
The Program shall commence on December 5, 2020 (“Commencement Date”) and shall terminate on April 30, 2021 (“Termination Date”), unless terminated earlier in accordance with these Terms. Members may avail of the Benefits, for the duration of the Program, commencing from the Commencement Date and terminating on the Termination Date (“Term”). It is understood that while individuals may be admitted into the Program by the Company post the Commencement Date, the Programme shall conclude on the Termination Date and Members, regardless of their date of admission into the Program, may avail of the Benefits only till the Termination Date.
Purchase of Membership
You may acquire membership to the Program only through the Platform. In order to purchase membership to the Program, users shall be required to share certain personal information with the Company such as name, age, email address, place of residence, and phone number. The personal information shared with the Company shall be processed by the Company in accordance with the Platform’s Privacy Policy available at https://urbanaut.in/page-privacy-policy/ (“Privacy Policy”).
Please be advised in offering membership to the Program, Urbanaut is inviting you to offer to become a member of the Program and that your submission of payment and other details through the Platform constitutes an offer from you to us to subscribe to a membership in the Program. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details, email address and phone number and received payment authorisation of the applicable Membership Fee (defined herein), at which point we will provide you with membership in the Program and share your membership credentials with you. Please also be advised that the Company reserves the right to reject any offer in its discretion, for any or no reason. While the Company assures you that it will make reasonable efforts to promptly process your offer for the acquisition of a membership to the Program and to activate your membership upon the Company’s acceptance of your offer, it does not guarantee that your offer will be processed and/or your membership will be activated by any specified time.
Membership of the Program is non-transferable or assignable. Only the registered Member may avail of the Benefits under the Program. A Member’s sharing or otherwise providing or permitting access to the Member’s membership credentials to any third party is prohibited and the Company reserves the right to suspend (pending investigation) and terminate, forthwith and without any prior notice, a Member’s membership in the Program if at any time it is found that the Member has been sharing her membership credentials with any third party or allowing such third party to avail of Benefits under the membership. Please be advised that a Member shall be solely responsible for maintaining the confidentiality of her membership credentials and a Member agrees to accept responsibility for all activities that occur under or using the Member’s membership credentials. In the event of any unauthorized use of the Member’s credentials, the Members shall promptly notify us at help@urbanaut.in . We or our Partners reserve the right to seek proof of identification at the time availing of Benefits to verify that the registered Member is accessing the Benefits, and reserve the right to deny access to Benefits in case it is found or reasonably believed that the registered Member is absent or is not the person seeking to avail of Benefits under the Program membership of such Member.
Program
A Member will be entitled to avail the Benefits offered by the Partners subject to these Terms and the Partner Terms. Please be advised that each Partner shall be entitled to specify commercially reasonable and relevant terms and conditions in respect of such Partner’s offering of the Benefits, provided that such terms and conditions are to be specified in clear and unambiguous terms by the Partner and are to be displayed at a prominent location/otherwise prominently made available for the Members’ viewing. The Benefits offered by the Partners may include Benefits in the nature of discounts on purchases, personalised curated experiences, priority services and booking reservation, and upgrades to services. The list of Partners (“Partner List”) and the corresponding Benefits being offered by such Partners (“Benefits List”) shall be made available for viewing on the Platform. In making an offer for and purchasing a membership in the Program, you agree and acknowledge that Partner List and the Benefit List may undergo revisions from time to time, including without limitation, through the addition or deletion of Partners to the Partner List and the addition, modification or omission of Benefits from the Benefits List, and it shall be your sole responsibility at all times to keep a check on the updated Partner List and/or Benefits List. It is further agreed and acknowledged that while the Company shall endeavour to keep the Partner List and the Benefits List accurate and current, the Company extends no representation or warranty, express or implied, in respect of the Partner List and the Benefits List being current, accurate, or complete and no liability or responsibility shall extend to the Company on account of the Partner List and/or the Benefits List being inaccurate, incomplete or otherwise deficient in any manner.
To avail the Benefits offered by a Partner, the Member shall be required to present to the representative of the Partner at the earliest available opportunity and in no event, after the Partner’s commencement of efforts to provide the goods, services, activities etc. in respect of which the Benefit is sought to be availed. By way of illustration, where the Benefit is in the nature of a discount on a beverage ordered at a Partner restaurant, the Benefit can be availed of by a Member subject to the Member presenting his/her Program membership details to the representative of the Partner at the time of placing the order. Members are advised to make prior enquiries with Partners on the terms governing the presentation of membership details to Partners to avail the Benefits.
While the Company may not currently have set upper limits on (i) the number of times a Member may avail of Benefits during a specified time period; or (ii) maximum value of Benefits that may be availed of by a Member during a specified time period/in respect of any Partner, you acknowledge and agree that the Company may set such limits and exclusions, and other limits, exclusions and conditions, at any time, at the Company’s sole discretion, which limits and conditions shall become effective upon publication on the Platform.
The Program cannot be clubbed with any other offers/promotions offered by the Partner that may be running contemporaneously, unless specified otherwise. Further, Members may not substitute any Benefits on offer under the Program for other items or exchange for cash.
Exclusion Period:
Members may avail of the Benefits offered by Partners on at any time/day during a week except during the Exclusion Periods, as specified on the Platform, from time to time. In addition to the Exclusion Periods specified on the Platform, the Benefits shall not be extended by Partners on the days prohibited by law or regulation and/or any other periods as reasonably determined by the Partner. Members are advised to make prior enquiry with the Partners to confirm whether the Benefits can be availed.
Payments
In order to apply for and acquire a membership in the Program, you shall pay the Company the fee predetermined and specified by the Company at its sole discretion, from time to time (“Membership Fee”). The Membership Fee due from you in connection with your application for your membership in the Program shall be as per the rates in effect at the time of such purchase/renewal of membership. The Membership Fee as applicable on any particular date, shall be made available on the mobile app. You agree to pay the Membership Fee at the rates applicable at the time of applying for membership in the Program. If the Company incorrectly states a price to you whether online or otherwise, we are not obliged to provide you with a membership to the Program at that price, even if we have mistakenly accepted your offer to purchase membership in the Program at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the membership without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices, then we may cancel your membership and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred. Unless otherwise specified, the Membership Fee shall be exclusive of applicable taxes including without limitation goods and services tax, and such amount shall be added to your Membership Fee and charged to you.
Payment Terms
When you seek to purchase a membership in the Program, you must provide us with complete and accurate payment information. By submitting payment details, you affirm that you are entitled to purchase a membership using those payment details and promise to pay to the Company the applicable Membership Fee. Accordingly, on submission of payment details as aforesaid, you authorise the Company and its service providers to deduct the applicable Membership Fee using such payment instrument/details. If we do not receive payment authorisation or any authorisation is subsequently cancelled/charged-back, we may immediately suspend (till remedy) or terminate (in case of non-remedy within 5 days of notice) your access to your membership. In suspicious circumstances, we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. The Company uses the services of third-party payment service providers to process your payment of the Membership Fee. Accordingly, your usage of such third-party services shall be in accordance with the terms and conditions adopted and implemented by such service provider, and the Company shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such service provider or any actions taken by the Company in respect of the same. In addition to any Membership Fee, you are responsible for paying bank charges/fees, currency conversion charges or any other fees applicable for processing your offer and application for membership in the Program and any internet connection or other telecommunications charges that you may incur by accessing the Platform.
Refund
In case we reject your application for membership of the Program, we will refund the Membership Fee paid by you for your application in full. It is hereby clarified that in the event the Company terminates a Member’s membership in the Program on account of the Member’s breach of these Terms or in the event that a Member cancels his/her membership at any time during the validity of her membership in the Program, the Member will not eligible to receive a refund of any kind or nature on the Membership Fee.
In case we terminate the Program prior to the Termination Date, you will be eligible to receive a pro-rata refund of the Membership Fee paid for acquisition of membership to the Program, which refund shall be calculated with reference to the number of days remaining from the effective date of termination of the Program till the Termination Date as against the total number of days from the commencement of your membership till the Termination Date. If you are entitled to a refund under these Terms, we will credit that refund to the account, card or other payment method you used to submit payment, unless it has expired, in which case we will contact you for details of any alternate payment instrument/bank account for transmission under applicable law. Any refund shall be paid into such alternate instrument/account subject to verification of the account as belonging to the relevant recipient. In case the payment instrument or bank account for completion of the refund is outside of the territory of India, we reserve the right to deduct any bank fees, transfer fees and/or currency conversion fees as applicable for completing such transfer.
Except as set out above and in case of genuine payment errors (such as double credits/charges), the membership fees and other charges are non-refundable and non- returnable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Disclaimer
You acknowledge and agree that the liability to provide the Benefits rests solely with the Partners and the Company shall in no manner be liable if a Partner does not honour any of the Benefits, there is deficiency in the provision of Benefits, or any harm or injury is suffered on account of the Member’s availing of the Benefits. In the event the Partner refuses to honour the Benefits in accordance with these Terms, please write to us at help@urbanaut.in and we shall use our best endeavor to assist you. The Company bears no responsibility for a Partner’s compliance with statutory rules, regulations, permits and licenses and shall not be liable if the Member is unable to avail the Benefits or otherwise incurs any loss, injury or liability due to a Partner’s non-compliance or violation of any statutory rule, regulation, permit and license.
Limitation of Liability
Notwithstanding anything otherwise set out herein, the Company shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Partners or for the Member’s experience with any Partners. It is clarified that the Company shall in no manner be liable to any Member if any a Partner temporarily or permanently shuts down its operations.
Company provides the Platform and Program “as-is” and disclaims all warranties with regard to the Platform and Program under these Terms, including all implied warranties of merchantability and fitness for a particular purpose.
Neither the Company nor its directors, officers, employees, agents, representatives, partners and assigns shall be liable to you or to any third party claiming under you for any special, consequential, incidental, indirect, tort or cover damages, including, without limitation, damages resulting from the use or inability to use the Platform or avail Benefits under the Program, and/or implementation of any services related to the Platform or Program whether or not the Company has been advised or is aware of the possibility of such damages. The Company’s liability for all claims of any kind under contract, tort, or otherwise (including any liability for any negligent act or omission) arising out of or relating to these Terms and your exploitation of the Program shall be limited to the Membership Fee paid by you at the time of purchasing the membership.
Termination
The Company reserves the right to suspend (pending investigation) or terminate your membership in the Program if you breach these Terms or are involved in any fraud, theft or cheating, with or without notice and without further obligation to you. In case of suspension or termination of your membership in the Program for breach of these Terms, we shall not be obligated to you nor shall you claim or demand any refund of Membership Fee, in part or whole. We may also suspend or terminate your membership if we are prevented from providing to you or operating the Program, by circumstances beyond our control. The Company may, in exceptional circumstances, terminate the Program. The Company will give you at least 7 (seven) days’ notice of this, if possible. If we do so, then we will have no further obligation to you except for a pro-rata refund of your Membership Fees as detailed above.
Indemnification
You hereby agree to indemnify, defend and hold harmless the Company and all of its officers, directors, employees, representatives, agents, partners, and assigns (collectively, the “Indemnified Parties”) from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses, including advocate’s fees and expenses) any other loss that may occur, arising from or relating to your breach of these Terms. You shall cooperate as fully as reasonably required in the defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
Governing Law & Jurisdiction
These Terms, together with the Privacy Policy and the End User License Agreement available at https://urbanaut.in/page-end-user-license-agreement/ (“End User License Agreement”), which are included by reference in these Terms, constitute the entire agreement between the Company and you concerning the subject matter hereof. The Privacy Policy and the End User License Agreement shall be deemed and construed to be a part of these Terms, and any violation thereof by you shall constitute a breach of these Terms. These Terms shall be governed by the laws of the Republic of India and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. No failure or delay by the Company, its affiliates, other related third parties or partners to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power. If any provision of these Terms are held to be illegal, invalid or unenforceable, the remaining provisions of these Terms shall be unimpaired and remain in full force and effect. You may not assign your rights or obligations under these Terms without the Company’s prior written permission and any attempt by you to do so shall be void. However, the Company may assign or transfer any of its rights or obligations under these Terms to any of its affiliates or any third party at any time without any notice to/approval from you.
