Terms & Conditions
General: By using ostello application, you, the Customer (“you”, “your”, or the “User” in this document) unconditionally agree to the terms and conditions that we have provided herein for use of ostello Website or mobile application owned and maintained by Ostello India Private Limited. This Website or mobile application and any individual websites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks (“Minisites”) with our Website or mobile application are private property. All interactions on this Website or mobile application must comply with these Terms of Use. If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” in this document) please refrain from using this Website or mobile application. The term Website shall include any or all Minisites, wherever mentioned. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website or mobile application by providing Registration Data while registering on the Website or mobile application as Registered User using the computer systems or mobile device. Ostello allows the User to surf the Website or make purchases without registering on the Website. The term "We", "Us", "Our" shall mean Ostello India Pvt Ltd or Ostello. The terms Ostello have been used interchangeably in the document.
CAUTION: PLEASE READ THIS AGREEMENT CAREFULLY. BY BROWSING, ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION OR BY USING ANY FACILITIES OR SERVICES MADE AVAILABLE THROUGH OR ON IT, YOU ARE AGREEING TO THE TERMS OF USE THAT APPEAR BELOW (ALL OF WHICH ARE CALLED THE “AGREEMENT”). THIS AGREEMENT IS MADE BETWEEN YOU AND US. USE OF THE SERVICES AND THE WEBSITE OR MOBILE APPLICATION AND ANY PURCHASE MADE THERETO ARE EACH SUBJECT TO THE TERMS OF USE SET OUT IN THIS AGREEMENT
Amendments and changes: We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time so that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website or mobile application, you are implicitly agreeing to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon Ostello’s posting thereof. Continued use of any of the services provided by Ostello via the Website or mobile application (or via other electronic or other communication from ostello) including the information services, content and transaction capabilities on the Website or mobile application, including the ability to make a purchase (all of which are called the “Services” in this document) will be deemed to constitute acceptance of the new terms and conditions. Ostello may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
GENERAL
User Accounts: In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to ostello certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner) at the time of making payment. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Ostello’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by nearbuy in writing, you may only possess one Account
Territory: The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. Ostello makes no representation that Services (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website or mobile application (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
Website and/or Mobile Application: ostello provides an interactive online service owned and operated by Ostello India Pvt Ltd through the Website on the World Wide Web of the Internet (the “Web” or “Internet”) and its mobile application, consisting of information services, content and transaction capabilities provided by ostello, its holding company and its associates, if any, with whom it has business relationships (“Business Associates”) including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website or mobile application (“Third Party Content Providers”), third parties that provide advertising services to ostello (“Third Party Advertisers”) and third parties that perform functions on behalf of ostello like sending out and distributing our administrative and promotional emails and text messages (“Third Party Service Providers”).
Right to Transfer: The right to use this Website or mobile application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password(s), if any. Users understand and acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of ostello, and ostello shall not be responsible for any data lost while transmitting information on the Internet.
Not on Uninterrupted Basis: While it is Ostello’s objective to make the Website or mobile application accessible at all times, the Website or mobile application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of ostello, access to the Website or mobile application may be interrupted, suspended or terminated from time to time. Ostello reserves the right, in its sole discretion, to terminate the access to any or all ostello website(s) and the related services or any portion thereof at any time, without notice.Ostello shall also have the right at any time to change or discontinue any aspect or feature of the Website or mobile application, including, but not limited to, content, graphics, Offers, settings, hours of availability and equipment needed for access or use. Further, ostello may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
USER CONDUCT
Restrictions: The User undertakes without limitation, not to use or permit anyone else to use the Service or Website or mobile application. to upload, send or receive any information for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world. to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment). to intercept or attempt to intercept any communications transmitted by way of a telecommunication system. for a purpose other than which we have designed them or intended them to be used. for any fraudulent purposes. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity. to upload, send or receive any material, which is not civil or tasteful. to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights: to cause annoyance, inconvenience or needless anxiety
Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following: resell the Services or Site. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan). access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation. execute any form of network monitoring which will intercept data not intended for you. send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email. create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings send malicious email, including flooding a user or site with very large or numerous emails enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party). use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement. use in an unauthorized manner, or forge, mail header information. engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher. copy or use any User Content for any commercial purposes. Any conduct by a User that in Ostello’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Website or mobile application is strictly prohibited. The User shall not use this Website or mobile application to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website or mobile application to become users of other online or offline services directly or indirectly competitive or potentially competitive with nearbuy. ostello reserves the right to prevent you from using the Website (or mobile application) and the Service (or any part of thereof) and to prevent you from making any purchase, if your conduct is found to be in question or contravention of such Terms as mentioned above or in this Agreement.
PURCHASE AND SALE OF PRODUCTS AND/OR SERVICES
Ostello India Pvt Ltd takes no responsibility for the services and/or products for which ostello Vouchers may be redeemed. Further, ostello makes no warranty to the Users for the quality, safety, usability, or another aspect of the product or service for which the ostello Voucher may be redeemed. Some services for which ostello Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities ostello takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the Ostello Voucher can be redeemed.
PROMOTIONAL CODES
Ostello India Pvt Ltd may, in ostello’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that ostello establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: must be used for the intended audience and purpose, and in a lawful manner. may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ostello. may be disabled by ostello at any time for any reason without liability to ostello. may only be used pursuant to the specific terms that ostello establishes for such Promo Code. are not valid for cash; may expire prior to your use; and unless otherwise specified cannot be used more than once. Ostello reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ostello determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
INDEMNIFICATION
The User agrees to defend, indemnify and hold harmless ostello, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of (i) the use of this Website and/or the mobile application by the User; (ii) the use of the Voucher; (iii) the use of the Service or Website or mobile application through your password; or (iv) any breach of this Agreement by you.
TERMINATION
ostello may terminate this Agreement at any time. Without limiting the foregoing, ostello shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which ostello, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement. One User can have only one Account with a unique email ID and unique phone number. If ostello has any suspicion or knowledge that any of its Users have created multiple Accounts with different email addresses or phone numbers (including but not limited to account creation by using false names or providing misleading data for creating those Accounts or using disposable email addresses or disposable phone numbers) to generate additional cash back credits or misuse or take undue advantage of the promotional benefits being provided on the nearbuy Platform, then ostello may while reserving its rights to initiate civil and/or criminal proceedings against such User may also at its sole discretion terminate, suspend, block, restrict, cancel the Account of such User and/or disqualify that User and any related Users from availing the services ordered or undue benefits availed through these accounts. All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
THIRD PARTY CONTENT
Ostello, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, ostello does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of nearbuy. Neither Ostello nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to the Clause for ‘Disclaimer of Warranty, Limitation of Liability’ above for the complete provisions governing limitation of liabilities and disclaimers of warranty). In many instances, the content available through this Website or mobile application represents the opinions and judgments of the respective information provider, User, or other users not under contract with ostello. Ostello neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized ostello employee/spokespersons while acting in official capacities. Under no circumstances will ostello be liable for any loss or damage caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website. The Website contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by ostello of the contents on such third-party websites and ostello hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk. Unless you have executed a written agreement with ostello expressly permitting you to do so, you may not provide a hyperLink href the Website from any other website. Ostello reserves the right to revoke its consent to any link at any time in its sole discretion.
ADVERTISEMENT
Ostello India Pvt Ltd may places advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements). You are free to select or click on advertised goods and services or not as you see fit. Any advertisements may be delivered on our behalf by a Third Party Advertiser. No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf.
This document is framed in accordance with Information Technology Act, 2000, rules framed thereunder and such other applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is an electronic record which is generated by a computer system and does not require any physical or digital signatures