TERMS OF SERVICE

The Terms of Service (as defined hereinafter) is executed between you and us i.e. D.R.I.F.T House of Svaasa LLP operating under the brand name – D.R.I.F.T. (hereinafter referred to as “DRIFT“) and  governs the usage of our Services, Platform, and/or Applications (all, as defined hereinafter) and any products, features and technologies, we offer.   

These terms and conditions of use (“Terms of Service“) is a binding agreement between you and DRIFT and its affiliates and subsidiaries. By accessing, using and/or registering for our Services, Platform, and/or Applications, you understand and agree to be bound by these Terms of Service, Privacy Policy as is more particularly set forth on the Platform and/or Application (the “Privacy Policy“), and related documents and any modifications or amendments made thereto by DRIFT from time to time, at its sole discretion. The Terms of Service, and our Privacy Policy (which addresses how we handle and protect your data and information), and any appendices, addendums, and schedules attached thereto shall be collectively referred to as Terms. If you do not agree to these Terms, you are not authorised to access or use our Services, Platform and/or Application.

By accepting these Terms, you represent that you have the capacity to enter into or, if you are acting on behalf of an entity, that you have the authority to bind such entity to, a legally binding contract, and you agree that these Terms legally bind you or the entity on behalf of which you purport to act, in the same manner as a signed, written, paper contract. These Terms constitute an electronic record within the meaning of the Applicable Law. This electronic record is generated by a computer system and does not require any physical or digital signatures, accessing, browsing and/or using the Services, Platform, and/or Application and/or using any of the information provided therein shall be deemed to signify the User’s (as defined hereinafter) unequivocal acceptance of these Terms. The User expressly acknowledges and agrees to be bound by the Terms of Service, regardless of however the User or anyone on the User’s behalf has accessed, installed, downloaded or used the Services, Platform and/or Application and whether or not the User has registered on the Platform and/or Application.

            BY DOWNLOADING/INSTALLING, ACCESSING, COPYING OR USING THE PLATFORM, APPLICATION AND/OR OUR SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE, OR THE REQUIRED LEGAL AGE IN YOUR JURISDICTION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE PLATFORM, APPLICATION OR OUR SERVICES AND DELETE THE APPLICATION FROM YOUR DEVICE.

Definitions

“Accommodation” means the offering of any vacation or other properties, including only rooms by a Host (as defined hereinafter) through the Platform.

“Applicable Laws” shall mean any and all: (i) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (ii) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.

“Application“, singular or plural, refers to any of our html-based / internet-based computer programs, smart phone, tablet or personal computer applications and all other software programs made available to Users by us.

“Business Hours” means the hours between 9 am and 5pm from Monday till Friday, exclusive of public holidays.   

“Confidential Information” shall have the meaning ascribed to it in Clause 17 of these Terms of Service.

“Content” means all information that is created, uploaded, posted and stored on the Platform and/or Application such as text, photos, audio, video, or other materials and information, including the Listings and includes any other information made available by DRIFT on or through the Platform or Application including proprietary D.R.I.F.T content and any content licensed or authorized for use by or through D.R.I.F.T from a third party. Content can be any content that D.R.I.F.T itself makes available on or through the Platform, including proprietary D.R.I.F.T content and any content licensed or authorized for use by or through D.R.I.F.T from a third party which can be accessed or viewed by the User.

“Data Protection Law” means any data protection, data security or privacy law, including, without limitation, the Indian Information Technology Act, 2000 and applicable rules, regulations, EU General Data Protection Regulation 2016/679 (the “GDPR“), if applicable and any laws governing Personal Data (as defined hereinafter), Sensitive Personal Data (as defined hereinafter) or information outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws, to which either Party, as applicable, is subject in connection with the Terms.

“DRIFT Account” shall have the meaning ascribed to it in Clause 3 of these Terms of Service.

“Experience/s” means and includes the offering by an Experience Provider and/or Host (as defined hereinafter) of any single /multi day activities in various categories or access to any unique events and locations, curated guided tours, sessions with Healers (as defined hereinafter), and a variety of other travel related services and non-travel related services.

“Experience Provider” means any service provider who creates a Listing for Experiences on the Platform.

“Governmental Authority” means any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.

“Guest/s” means any User who books (i) a stay at the Host’s Accommodation as listed on the Platform; and/or (ii) an Experience with the Experience Provider/Host as listed on the Platform.     

“Host” means a primary host shown on a reservation or any person who creates a Listing for the Accommodation and/or Experience on the Platform and includes a co-host.

“Intellectual Property” or “IP” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.

“Intellectual Property Rights” or “IP Rights” include: (i) all rights, title, and interest under any statute or under applicable law including patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (v) all extensions and renewals thereof; and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.

“List” or “Listings” mean and include any Accommodation or Experience that is listed by the Host or Experience Provider on the Platform.

“Listing Rate” means and includes the fees charged by the Host/Experience Provider for the Listing, including any ancillary fees charged by the Host/Experience Provider not limited to cleaning and maintenance charges etc, and any applicable taxes thereon.

“Losses” shall mean all direct losses, damages, liabilities, costs (including legal fees), expenses, charges, interest, penalty, claims, arbitration, proceedings, suits and all sums paid in relation to any compromise or settlement of any claim, arbitration, suit or proceeding.

“Misuse” or “Abuse” means content that is inconsistent with the spirit of the Terms, even if it is something that is not expressly or impliedly forbidden by the letter of these Terms. In other words, if you do something that is not prohibited here verbatim but is not expressly allowed or provided for by the Terms, DRIFT is wholly entitled to use its discretion to remove the said content from the Platform and from all other appropriate places.

“Party” refers individually to each of you and DRIFT

“Parties” refer to both you and DRIFT jointly.

“Personal Data” means any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes “personal data” under the GDPR or similar terms under other Data Protection Law. For the avoidance of doubt, Personal Data includes (without limitation) Personal Identification Information.

“Personal Identification Information” means your name, address, identification number, phone number, and includes any other information by which you may be personally identified.

“Platform” means the website located at [.] of D.R.I.F.T and shall also include any offline facility used by DRIFT. 

“Sensitive Personal Data or Information” with respect to a person means such personal information which consists of information relating to: 

1. password;
2. financial information such as bank account or credit card or debit card or other payment instrument details;

• physical, physiological and mental health condition;

1. sexual orientation;
2. medical records and history;
3. biometric information;

• any detail relating to the above clauses as provided to body corporate for providing service; and
• any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

“Services” means accommodation for lodging primarily for homestays, tourism experiences, experiences, curated travel and stay, products, features, technologies and other services made available by D.R.I.F.T to the User.

“Security Deposit” shall have the meaning ascribed to it in Clause 8 of these Terms of Service.

“User” capitalised or otherwise, means the person who accesses and/or uses the Services, Platform and Application and if authorised and applicable, the entity on whose behalf any person accesses and/or uses the Services, Platform and Application. It is clarified that the term User shall include all Guests.

“User Content” means any content such as text, photos, audio, video, or other materials and information, created, uploaded, posted, sent, received and stored on or through the Platform and/or Application by the User.

“We” capitalized or otherwise, refers to DRIFT and related phrases “us” and “our” should be understood accordingly.

“You” capitalised or otherwise, means the User. “Your” capitalised or otherwise, has a corresponding meaning.

1. • By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by browsing, accessing or making any use of the Platform and/or Application you (i) accept the Terms that appear below and agree to be bound by each of its terms, and (ii) represent and warrant to DRIFT that: (a) these Terms are binding and enforceable against you; (b) to the extent an individual is accepting these Terms on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and (c) you have read and understand our Privacy Policy, the terms of which are incorporated herein by reference, and agree to abide by the Privacy These Terms are made between you and us and shall come into effect on the date which you access the Platform and/or Application and/or download the Application and/or your DRIFT Account is created whichever is earlier, and shall continue unless and until terminated by us or you.
   • In the event that the User or anyone acting on the User’s behalf does not wish to be bound by the Terms, the User (or the legal person/entity acting on the User’s behalf) unequivocally agrees to refrain from accessing, using or retaining the Services and/or Platform and/or Applications on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User’s behalf, whether expressly or impliedly that is in contravention of the Terms will render the User liable for legal and punitive action.
   • While individuals under the age of 18 (eighteen) may utilize/browse the Platform and/or Application, 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. DRIFT reserves the right to terminate your access and refuse to provide you with access to the Platform and/or Application if DRIFT discovers that you are under the age of 18 (eighteen) years or the required legal age in your jurisdiction. You further represent and warrant that you are not under any legal or other deficiency which prevents/may prevent you from: (i) entering into a valid contract under the Applicable Laws; and (ii) making valid payment to DRIFT for Services ordered by you.
   • You are responsible for, and agree to comply with, all laws, rules, and regulations applicable to your use of the Platform, Application and Services, any transaction you enter into on the Platform and/or Application, or in connection with your use of the Platform and/or Application. You acknowledge and agree that each Host/Experience Provider is solely responsible for, and has to comply with, all the Applicable Laws, rules, and regulations applicable to its Listing and rental of its Listings, including obtaining all necessary rights, licenses, and authorizations and that DRIFT will not be held responsible for the same.

2. ACCEPTANCE OF TERMS

These Terms of Service form an electronic contract that establishes legally binding terms that the User must accept to use the Services provided by DRIFT through the Platform, and/or Application. These Terms of Service include by reference other terms disclosed and agreed to by the User in the event the User registers for, purchases, or accepts additional features, products or services in addition to the Services, including but not limited to terms governing features, billing, discounts, promotions, etc.

3. ACCOUNT REGISTRATION
   • In order to access certain features of the Platform and/or Application, and to book a Listing, you must register to create an account (“DRIFT Account“). The Platform requires you to register as a Guest by creating a DRIFT Account in order to utilize the Services provided. You will be responsible for maintaining the confidentiality of the DRIFT Account information, its password and are fully responsible for all activities that occur under your DRIFT Account. You agree to (i) immediately notify DRIFT of any unauthorized use of its DRIFT Account information or any other breach of security, and (ii) ensure that you exit/log out from the account at the end of each session. DRIFT 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 DRIFT or any other customer or visitor to the DRIFT Platform and/or Application due to authorized or unauthorized use of your DRIFT Account as a result of your failure in keeping your DRIFT Account information secure and confidential.
   • You may also register a DRIFT Account through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your DRIFT Account and your SNS Account at any time, by accessing the “Settings” section of the Platform.
   • At the time of registration, you shall ensure that the DRIFT Account information provided by you in the Platform registration form is complete, accurate and up-to-date. Use of another User’s D.R.I.F.T Account information is expressly prohibited.
   • DRIFT allows restricted access to the Platform and/or Application for unregistered Users. We shall also not charge any fees for creating and registering a DRIFT Account on the Platform and/or Application. Your access of these Services, Platform and Application is free of charge. You shall be charged the Listing Rate plus a convenience fee equivalent to [.]% for all bookings made by you. However, please note that this is subject to change and D.R.I.F.T shall, at its sole discretion, have the right to charge Users any fee that it may deem appropriate by amending these Terms of Service. 

4. DESCRIPTION OF SERVICE

Through the Platform, and/or Application the User can view the Platform, the information on the Listings provided by the Hosts/Experience Providers and make a reservation. You may view the Listings as an unregistered visitor to the Platform and/or Application. However, if you wish to book a Listing, you must first register as a Guest and create a DRIFT Account.

5. BOOKING ACCOMMODATIONS/ EXPERIENCES
   • The Listings may be provided to the Users as per the following models:

• Hosts providing an Accommodation;
• Hosts providing an Accommodation and Experience; and
• Experience Providers providing Experience.

You should note that if you book (a) an Accommodation, then the Clauses relating to Accommodation shall be applicable to you; (b) an Experience then the Clauses relating to Experience shall be applicable to you; and (c) both an Accommodation and an Experience, then all the Clauses shall be applicable to you.

• Accommodation

• You understand that a confirmed booking of an Accommodation is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by Applicable Law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
• You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. You may choose to extend your stay at the Accommodation and obtain the Host’s consent with respect to the same. In such case, you agree to pay the payment with respect to the additional days to the Host at the time of check-out.  
• If you stay past the agreed upon checkout time without the Host’s consent (“Overstay“), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with Applicable Law. In addition, you agree to pay to the Host, if requested by the Host, an applicable fee as determined solely by the Host, plus all applicable taxes, and any legal expenses incurred by the Host [for the period that you Overstay/to make you leave] (collectively, “Overstay Fees“).

• Experience

• You should carefully review the description of any Experience, you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Experience Provider has specified in their Listing. At your sole discretion you may want to inform the Experience Provider of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to utilize any Experience. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience. You are alone responsible to determine your fitness for said Experience depending on the directions, information, and warnings presented in the Listing.
• You or any of your additional guests will not participate in any Experience(s) when you or any of your additional guests, have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Experience(s). Neither DRIFT nor the Host providing the Experience or the Experience Provider shall be held liable if you knowingly participate in any Experience despite having any such physical, medical, or mental limitation or disability and suffer any injury, illness, damage etc.
• Before and during an Experience you must at all times act reasonably and responsibly and adhere to the instructions and directions. If you notice any hazard during an Experience, you will stop participating in the Experience immediately.
• You may not bring any additional individuals to an Experience, unless such an individual was added by you as an additional guest during the booking process on the Platform/ Application.
• You understand and acknowledge that the Experience you are signing up for may be dangerous, hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, paralysis, and death. To the maximum extent possible under applicable statutory provision, you assume all responsibility, damage, and risk, known and unknown, of participating in such an Experience including those risks that may arise due to defects in equipment, premises or facilities.

• Health or Wellness Related Experience/Accommodation

In case you book any Accommodation/ Experience related to health and wellness, provided either by the Host or the Experience Provider, you acknowledge and agree that:

(a)     The services with respect to such an Accommodation/ Experience are not a substitute to consulting a healer physically. We simply aim to bridge the gap of delivering holistic wellness within the safety of your home. Healing advice asked and accepted on the internet (without physically examining the Guest) is at the Guest’s own risk;

(b)     The advice of the person providing such health and wellness service (“Healer“) will depend upon the information provided by you. If any information provided by you is false, deceptive or inaccurate and you face any problems due to this later on, neither the Healer nor the Host/Experience Provider shall be held responsible or liable in any circumstance;

(c)     Only 1 (one) individual can consult with the Healer at a time;

(d)     The services are strictly for adults only. The applicable age for adults is considered as 18 (eighteen) years or older;

(e)     No cancellations shall be accepted once you have done the payment. Re-scheduling for such consultation can take place 24 (twenty-four) hours prior to the pre-decided slot; and

(f)      Our Services, Platform and/or Application should not be used for medical emergencies. Please contact the nearest hospital for any medical illness.

6. NO ENDORSEMENT
   • DRIFT does not endorse any Host/Experience Provider or any Listings. In addition, although these Terms require the Hosts/Experience Providers to provide accurate information, we do not attempt to confirm, and do not confirm, any Host’s/Experience Provider’s purported identity. This includes any Host/Experience Provider or Listing that DRIFT may from time to time, select under its handpicked Listing/ handpicked Host/Experience Provider program. You alone are responsible for determining the identity and suitability of others whom you contact via the Platform, Application and Services.
   • By using the Platform and/or Application and/or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or Hosts/Experience Providers or other third parties will be limited to a claim against the particular Users or Hosts/Experience Providers or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from DRIFT with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with the Hosts/Experience Providers on the Platform, Application and/or Services regarding any bookings made by you.

7. BOOKINGS AND LISTING RATE
   • The Hosts/Experience Providers, not DRIFT, are solely responsible for honoring any confirmed bookings and making available any Listings reserved through the Platform, Application and Services. If you, choose to enter into a transaction with a Host/Experience Provider for the booking of a Listing, you agree and understand that you are entering into an agreement with the Host/Experience Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Listing imposed by the Host/Experience Provider. You acknowledge and agree that you, and not DRIFT, will be responsible for performing the obligations of any such agreements, and that DRIFT is not a party to such agreements, and that, with the exception of its payment obligations hereunder, DRIFT disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that DRIFT is not a party to the agreement between you and the Host/Experience Provider, DRIFT acts as the Host’s/Experience Provider’s limited agent for the sole purpose of accepting payments from you on behalf of the Host/Experience Provider.
   • Listings will specify the total Listing Rate to be paid, exclusive of the convenience fee which shall be charged per transaction. The Host/Experience Provider is required to either confirm or reject the booking within 24 (twenty four) hours, of when the booking is requested (as determined by DRIFT in its sole discretion) or thebe deemed accepted and confirmed. If a requested booking is cancelled (i.e. not confirmed by the applicable Host/Experience Provider), any amounts collected by DRIFT will be refunded to you, depending on the selections you make via the Platform, and any pre-authorization of your credit/debit card will be released, if applicable.
   • You agree to pay DRIFT the Listing Rate and the convenience fee for any booking requested in connection with your DRIFT Account if such requested bookings are confirmed by the applicable Host/Experience Provider. In order to establish a booking pending the applicable Host’s/Experience Provider’s confirmation of your requested booking, you understand and agree that DRIFT, on behalf of the Host/Experience Provider, reserves the right, in its sole discretion, to obtain a pre-authorization via your credit/debit card for the Listing Rate . Once DRIFT receives confirmation of your booking from the applicable Host/Experience Provider, DRIFT will collect the Listing Rate in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that DRIFT cannot control any fees that may be charged to you by your bank related to DRIFT’s collection of the Listing Rate, and DRIFT disclaims all liability in this regard.
   • In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit/debit card information either to DRIFT or its third-party payment processor. You agree to pay DRIFT for any confirmed bookings made in connection with your DRIFT Account in accordance with these Terms by one of the methods described on the Platform and/or Application. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, either directly by DRIFT or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform and/or Application.. If you are directed to DRIFT’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review their terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
   • If you book a Listing on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host/Experience Provider, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host/Experience Provider. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience if accompanied by an adult who is responsible for them.
   • If we are unable to collect any amounts you owe for a confirmed booking, we may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to us by you. Such communication may be made by us or by anyone on our behalf, including but not limited to, a third-party collection agent.
   • For certain bookings within stipulated timelines, the Listing Rate may be collected by the Host/Experience Provider at the time of your check-in to the Accommodation/commencement of the Experience Provider. In such case, you agree to pay the Listing Rate to the Host/Experience Provider in accordance with the terms and conditions set forth herein.
   • The invoice shall be sent to you by DRIFT via email within 7 (seven) days of check-out from the Accommodation/completion of the Experience.
   • You agree that for any direct services availed by you during your stay at the Accommodation/utilization of the Experience, you shall pay the Host/Experience Provider directly at the time of check-out/completion of the Experience. The provision of these direct services and payment of the same shall be settled between you and the Host/Experience Provider and DRIFT assumes no liability in this regard.     
   • Tax

You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. DRIFT cannot and does not offer tax-related advice to any Users of the Platform, Application and Services.

• Foreign Currency

As part of the Services, DRIFT provides a feature through which you may view Listing Rate for various Listings in foreign currencies. You understand and agree that these views of Listing Rate are for informational purposes only and are not the official Listing Fee for the Listings. The Listing Rate viewed in other currencies would be determined at a conversion rate (the “Applicable Exchange Rate“) as determined solely by DRIFT If you request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Listing Rate. You acknowledge that the Applicable Exchange Rate used for currency conversion processing for such viewing may not be identical to the applicable market rate in effect at the specific time such processing occurs because although DRIFT updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis.

8. SECURITY DEPOSITS
   • Hosts or Experience Providers may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required. If the Security Deposit is not mentioned in the Listing prior to the booking being confirmed, you shall not be liable to pay any amount as Security Deposit if requested by the Host/Experience Provider after confirmation of the booking, unless DRIFT consents to the same.

8.2     If the Security Deposit is required to be paid, the Host/Experience Provider shall collect the Security Deposit from you prior to your check-in at the applicable Accommodation or prior to you availing of the Experience. DRIFT shall not be liable for any claims in this regard. Your only recourse would be against the Host/ Experience Provider for the Security Deposit.

• The Security Deposit will be refunded to you at the time of check-out, net of claims, if any.
• You acknowledge that the Host/Experience Provider shall be entitled to retain the Security Deposit in the amount equivalent to any proven damage caused by the Guest to the any property or equipment, or part thereof, owned by the Host/Experience Provider.

9. CANCELLATIONS AND REFUNDS
   • If you wish to review, adjust or cancel your requested booking before the requested booking is confirmed by a Host/Experience Provider, we will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card, if applicable, in connection with the requested booking within a commercially reasonable time. If you wish to review, adjust or cancel a confirmed booking made via the Platform and/or Application, the Host’s/Experience Provider’s cancellation policy as well as DRIFT’s cancellation policy contained in the applicable Listing will apply to and govern the terms of your cancellation and any refunds. Our ability to refund the Listing Rate charged to you will depend upon the terms of the applicable cancellation policies. DRIFT shall also be entitled to charge a cancellation fee for any bookings cancelled beyond a certain time period. To effect a cancellation, you are required to visit the “Manage Your Booking” section of the Platform and/or Application and follow the instructions. Please note that certain rates, or special offers are not eligible for cancellation, refund or change. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Host/Experience Provider agrees or allows otherwise under its (pre)payment and cancellation policy. Please note that if you book any Accommodation/ Experience related to health and wellness, you will not be allowed to cancel any booking for which the payment has already been made by you.
   • If a Host/Experience Provider cancels a confirmed booking made via the Platform prior to the check-in date or utilization of the Experience, provided that the cancellation is not due to any act or omission or breach of the Listing terms by the User, we will (a) arrange refund of the Listing Rate for such booking to you within a commercially reasonable time of the cancellation; and (b) you will receive an email or other communication from DRIFT containing alternative Listings, on best effort basis from DRIFT and other related information. If you request a booking from one of the alternative Listings and the Host/Experience Provider associated with such alternative Listing confirms your requested booking, then you agree to pay DRIFT the Listing Rate relating to the confirmed booking for the alternative Listing, in accordance with these Terms. If a Host/Experience Provider has cancelled a confirmed booking and you have not received an email or other communication from DRIFT, please contact DRIFT at [Please insert email id].Please note that you will not be entitled to any refund if the cancellation by the Host/Experience Provider is due to any act or omission or breach of the Listing terms on your part.
   • If you fail to show up at the Accommodation/Experience at the time confirmed in your booking, it shall be treated as a cancellation and shall be subject to the applicable cancellation policy.

10. EDIT BOOKING FUNCTION
    • “Edit Booking” is a feature that permits Hosts/Experience Providers and/or Users to edit bookings online. The aspects of a booking that you may request to change using the Edit Booking feature may include, without limitation, dates for check-in or check-out, number of rooms, type of Accommodation or Experience and number of Guests. For the avoidance of doubt, unless otherwise expressly agreed by us, use of the Edit Booking function is the only means by which you are permitted to request a modification of a booking or any element thereof. If you book any Accommodation/ Experience related to health and wellness, any rescheduling for such a consultation should take place at least 24 (twenty-four) hours prior to the pre-decided slot and will not be accepted later than that.
    • To edit a booking, the User will click the “Edit Booking” link on the Platform. The request to edit will generate an email to the Host/Experience Provider, informing the Host/Experience Provider that they have 24 (twenty-four) hours to accept the changes on the Platform. If the Host/Experience Provider does not accept the edit in this timeframe, the edit request will expire, and the booking will remain unchanged. If the Host/Experience Provider accepts the edit requested, you will receive a confirmation email reflecting the change to the booking.
    • If an edit to a booking results in the price changing, the following describes how you will be charged or refunded, as applicable:

• If you have a balance payment due for the initial booking and the edit results in the price going up, the balance due will be updated to include the additional charges;
• If you have fully paid for the initial booking and the edit results in the price going up, you must pay the new balance within the timeframe given (usually no longer than 24 (twenty-four) hours from acceptance of the edit to the booking) or we reserve the right to cancel the entire booking, in which case funds will be disbursed to the Host/Experience Provider as if you had canceled the booking;
• If you have a balance payment due for the initial booking and the edit results in the price going down, the balance due will be updated to reflect the reduction in price; or
• If you have fully paid for the initial booking and the edit results in the price going down, we will refund the excess amount that you have paid within a reasonable time.
  • After a booking is edited, we reserve the right to revert the booking to its initial state after informing both parties.

11. DAMAGE TO LISTINGS

You are responsible for leaving the Accommodation and/or any place or service availed of where the Experience was utilized by you, in the condition it was in when you arrived. You acknowledge and agree that, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation or to any Experience you undertake. In the event that a Host/Experience Provider claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items to the Host/Experience Provider.

12. DRIFT REFERRAL SCHEME AND TRAVEL CREDITS
    • Referral Scheme

• DRIFT may, from time to time, run a referral scheme, wherein by referring your friends to request a booking of a Listing that receives a confirmed booking via the Platform, Application and Services, you may participate in the “Referral Scheme“, which is a loyalty program we offer to our Users. If you choose to participate in the Referral Scheme, for each friend you refer to DRIFT for which a Qualifying Referral (as defined hereinafter) is completed, you may be able to receive Travel Credits (as defined hereinafter) (each a “Referral Reward“). “Travel Credits” are points that may be applied as credits toward future confirmed bookings made by Users via the Platform, Application and Services.
• In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral“): (a) you must log in to your DRIFT Account on the Platform or Application and select either the “Invite Friends with Facebook” or “Email Your Friends” link; (b) you must share the link provided with friends via Facebook or Twitter or any other social media platform, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by DRIFT to share the unique referral link with friends; (c) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a DRIFT Account and become a Guest; and (d) after becoming a Guest, the friend must request a booking of a Listing which is confirmed by the applicable Host/Experience Provider that is not subsequently cancelled. Please note that you may not be the Guest for the booking to receive a Referral Reward.
• Upon satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your DRIFT Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your DRIFT Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your DRIFT Account. Referral Rewards accrued in multiple DRIFT Accounts may not be combined into one DRIFT Account. You may not earn Referral Rewards by creating multiple DRIFT Accounts. By acquiring Referral Rewards, you acknowledge and agree that DRIFT is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Users are responsible for keeping track of the Referral Rewards in their DRIFT Accounts and may only be redeemed towards booking of any Accommodation/Experience.
  • Travel Credits
• Travel Credits may be redeemed for eligible bookings via the Platform and/or Application as specified in the terms and conditions provided with the Travel Credits. You may only redeem the Travel Credits after the Travel Credits are reflected in your DRIFT Account. The scope, variety, and type of services and products that you may obtain by redeeming Travel Credits can change at any time.
• Travel Credits expire 1 (one) year from the date that any Travel Credits are last accrued in your DRIFT Account. DRIFT will notify you at the email address you have provided during account registration within 30 (thirty) days of when the Travel Credits in your DRIFT Account are scheduled to expire. If, for some reason you believe that there is a discrepancy regarding your balance of Travel Credits, please contact us at [Please insert email id]. DRIFT may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at DRIFT’s sole discretion. You are responsible for any tax consequences, if any, that may result from your redemption or use of Travel Credits. Where applicable, DRIFT may be required to account for GST on any services for which the Travel Credits are redeemed.
• Without limiting any other terms of these Terms and subject to Applicable Law, all Travel Credits are forfeited if your DRIFT Account is terminated or suspended for any reason, in DRIFT’s sole discretion, or if DRIFT discontinues providing the Platform, Application, Services.

13. REVIEWS AND FEEDBACK
    • Reviews

• Only Guests who have stayed at the Accommodation or availed the Experience will be invited by DRIFT to comment on the Accommodation or Experience, as applicable, and to provide a score for certain aspects of their stay or may receive a rating request during their stay (“Review“). The completed Review (including submitted rating during your stay) may be (i) uploaded onto the relevant Host’s/Experience Provider’s information page on our Platform for the sole purpose of informing (future) Guests of your opinion of the service (level) and quality of the Host/Experience Provider, and (ii) (wholly or partly) used and placed by DRIFT at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by DRIFT and our business partners. The default ranking of the Reviews is by date of submission relative to a few additional criteria (such as language, reviews with comments), whereas a Review of a Guest who [always] submits comprehensive and detailed reviews may be ranked on top. You have the option to choose various different forms of ranking and filter (e.g. by audience, date, language, score). DRIFT does allow the Host/Experience Provider to respond to a Review. We reserve the right to adjust, refuse, or remove Reviews at our sole discretion insofar it violates any terms as set forth in this Clause. DRIFT does not compensate or otherwise reward a Guest for completing a Review. The Review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. DRIFT undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods or display malicious intent.
• DRIFT will not accept Reviews which include:
• profanity, sexually explicit, hate speech, discriminatory, threats, violence;
• mention of full names, personal attack towards the staff;
• promoting illegal activities (e.g. drugs, prostitution);
• sites, emails and addresses, phone numbers, cc details; and
• politically sensitive comments.
• Hosts/Experience Providers who accept bookings made through the Platform and/or Application may also submit a Review to us after completion of your stay at their Accommodation or after you have availed any Experience provided by them. You agree and accept that any such Review that pertains to you and/or your booking may be shared by us in the future with Hosts/Experience Providers in respect of which you express an interest, and/or otherwise with other users of the Platform and/or Application.
  • Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform, Application and Services (“Feedback“). You may submit Feedback by emailing us at abhimanyu@thedrift.in.

• You acknowledge and agree that all the Reviews and Feedback will be the sole and exclusive property of DRIFT and you hereby irrevocably assign to DRIFT and agree to irrevocably assign to DRIFT all of your rights, title, and interest in and to all the Reviews and Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At DRIFT’s request and expense, you will execute documents and take such further acts as DRIFT may reasonably request to assist DRIFT to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Reviews and Feedback.

14. TERM & TERMINATION
    • Term

         These Terms will come into effect from the date that you access, browse the Platform, and/or Application and shall remain in effect until terminated in accordance with the Terms.

• Termination and/or Suspension

• We reserve the right, at our sole discretion, to suspend, deactivate or cancel your DRIFT Account and/or access to our Platform, Application and/or Services, without providing prior notice to you, if you: (i) have breached the terms and conditions of the Terms; (ii) have provided any information during the registration process or thereafter which is proved to be inaccurate, not current or incomplete; (iii) have carried out unauthorised use of the Services and/or Platform, and/or Application; or (iv) have used the Services and/or Platform, and/or Application in a manner that violates the laws of India or which threatens the security or otherwise harms DRIFT or its affiliates, personnel of DRIFT, or other users of the Platform, Application and/or Services and third parties.
• You may terminate your DRIFT Account at any time via the “Cancel/Terminate Account” feature on the Platform or by sending an email to abhimanyu@thedrift.in. Please note that if your DRIFT Account is terminated, we do not have an obligation to delete or return to you any User Content you have posted to the Platform, Application and Services, including, but not limited to, any Reviews (as defined hereinafter) or Feedback (as defined hereinafter), if any.
• Notwithstanding any other provisions of the Terms, we reserve the right to suspend or discontinue the Services, Platform and/or Application either temporarily or permanently and either wholly or in part, for maintenance purposes or otherwise, without prior notice.
• Provisions in these Terms of Service that are by their nature intended to survive termination (including, without limitation Clause 16 (Ownership and Rights), Clause 17 (Confidentiality), Clause 18 (Data Protection), Clause 19 (Indemnity), Clause 20 (Disclaimers), Clause 21 (Limitations of Liability), Clause 24 (Governing Law and Jurisdiction), Clause 25 (Dispute Resolution), Clause 26 (Privacy) and Clause 28 (Miscellaneous)) will continue to apply to you with full force and effect notwithstanding any termination of the Terms.

• Amendment to the Terms

• We reserve the right to revise, modify, or update the Terms from time to time and the most current version will be posted on the Platform and/or Application. If a revision, in our sole discretion, is material, we will do our best to notify you by e-mail or via the Platform or through any other means of Other revisions may be updated only on the Platform and/or Application and you are responsible for checking such postings regularly. By continuing to use the Services and/or Platform and/or Application after revisions become effective, you agree to be bound by the revised Terms. The revised Terms shall supersede all prior versions. If you do not agree to the revised terms, you may terminate the Terms in accordance with Clause 14.2 above.
• In addition, in the event any regulatory authority that has provided us any license to provide the Services, Platform and/or Application revokes such license, you hereby agree that we may terminate these Terms, at any time, without liability on our part.

15. USER CONDUCT
    • You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform, Application, Services and Content. In connection with your use of our Platform, Application and Services, you may not, and you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
• through any act or omission, threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform, Application, Services or Content;
• use the Platform, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Platform, Application, Services or Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Platform, Application, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Platform, Application, or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Platform, Application, or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
• “stalk” or harass any other user of our Platform, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a DRIFT User;
• register for more than one DRIFT Account or register for a DRIFT Account on behalf of an individual other than yourself without being authorized to do so;
• contact a Host/Experience Provider for any purpose other than asking a question related to a booking, or such Host’s/Experience Provider’s Listings;
• when acting as a User or otherwise, recruit or otherwise solicit any Host/Experience Provider to join third party services or websites that are competitive to DRIFT, without DRIFT’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Platform, Application or Services;
• use the Platform, Application, and Services to find a Host/Experience Provider and then complete a booking of a Listing transaction independent of the Platform, Application, or Services in order to circumvent the payment of DRIFT’s fees by the Host/Experience Provider related to DRIFT’s provision of the Services;
• or post, upload, display, publish, submit or transmit any information or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any Applicable Law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is blasphemous, defamatory, obscene, libelous, pornographic, pedophilic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) harms minors in any way; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; (viii) relating or encouraging money laundering or gambling; (ix) promotes illegal or harmful activities or substances; (x) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (xi) creates liability for DRIFT or causes it to lose (in whole or in part) the services of ISPs or other suppliers.
• systematically retrieve, copy or download data or other Content from our Platform, Application, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise, either for your benefit or for the benefit of any other persons;
• use, display, mirror or frame the Platform or Application, or any individual element within the Platform, Application, or Services, DRIFT’s name, any DRIFT trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DRIFT’s express written consent;
• access, tamper with, or use non-public areas of the Platform and/or Application, DRIFT’s computer systems, or the technical delivery systems of DRIFT’s providers;
• attempt to probe, scan, or test the vulnerability of any DRIFT system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by DRIFT or any of DRIFT ‘s providers or any other third party (including another user) to protect the Platform, Application, Services, Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Application, Services, or Content to send altered, deceptive or false source-identifying information; or
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, Application, Services, or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
  • DRIFT will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. DRIFT may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Service. You acknowledge that DRIFT has no obligation to monitor your access to or use of the Platform, Application, Services, or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Platform, Application, and Services, (i) to ensure your compliance with these Terms of Service, including investigation of potential violations hereof; or (ii) to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect our rights, property or safety of our users and the public. DRIFT reserves the right, at any time and without prior notice, to remove, suspend, edit, or disable access to any User Content that D.R.I.F.T, at its sole discretion, considers to be objectionable for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), in violation of these Terms or otherwise harmful to the Platform, Application, or Services.

16. OWNERSHIP & RIGHTS
    • Data Usage & Retention

• The Personal Data that you provide to us or otherwise authorise us to have access to is your property.
• By using our Services, and/or accessing the Platform and/or Application, you grant us a license to collect, use, copy, transmit, store and back-up your Personal Data for purposes of providing Services and/or for any other purpose(s) as contemplated by these Terms of Service and our Privacy
• All Personal Data and Sensitive Personal Data provided to us by you shall be governed by the Privacy
  • Intellectual Property
• You acknowledge and agree that DRIFT owns and reserves the right, title and interest in and to the Services, Platform, Application and Content.
• As part of the Services, we grant you a non-exclusive, limited, royalty-free, revocable license, during the term of the Terms of Service to use our Platform and Application to facilitate your personal, non-commercial use of the Services. Any rights relating to our Platform, Applications and Content that we do not expressly grant to you in writing are expressly reserved, and your access to and use of our Platform and Applications does not grant you an express or implied licence in respect of any of the Intellectual Property Rights that are owned by, licensed to, or controlled by us and our licencees.
• To the extent required in order for us to operate this Platform and the Application and provide you with the Services, and/or promote the Platform, in any media or platform, you grant to us a non-exclusive, world-wide, royalty-free, transferrable, irrevocable licence and right to host, publicly display, transmit, distribute, or use (that includes the right to copy, reproduce, and/or publish) the User Content you upload onto this Platform and the Applications. Insofar as User Content (including images) includes Sensitive Personal Data, such User Content will only be used for these purposes if such use complies with the applicable Data Protection Laws in accordance with Clause 18 of the Terms of Service and the Privacy Unless otherwise agreed between the Parties, D.R.I.F.T does not claim any ownership rights in any User Content and nothing in the Terms will be deemed to restrict any rights that the User may have to use or exploit its User Content.
• You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform and Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform, Application and/or Services or you have all rights, licenses, consents and releases that are necessary to grant to DRIFT the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or DRIFT’s use of the User Content (or any portion thereof) on, through or by means of the Platform, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any Applicable Law or regulation.
• You acknowledge and agree that the DRIFT logo is our trademark and may not be used by you without our prior written consent.
• Any distribution, reprint or electronic reproduction of any Content from the Services, in whole or in part, is strictly prohibited without our prior written consent.
• You acknowledge and agree that you shall not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other Intellectual Property or proprietary information accessible through the Services and/or Platform, without first obtaining the prior written consent of DRIFT

17. CONFIDENTIALITY

During the course of your use of our Services, Platform and/or Application you may receive information relating to us or to our Services, that is not known to the general public (“Confidential Information“). You agree that: (i) all Confidential Information will remain DRIFT’s exclusive property; (ii) you will use Confidential Information only as is reasonably necessary for your participation in our Services and use of the Platform and Application; (iii) you will not otherwise disclose Confidential Information to any other person or third party; and (iv) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms. You may not issue any press release or make any public statement related to our Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

18. DATA PROTECTION

You agree that we shall have the right to collect and/or use or analyse your Personal Data or Sensitive Personal Data as set forth in the Privacy Policy.

19. INDEMNITY
    • You release DRIFT and agree and undertake to fully indemnify and hold DRIFT its affiliates, and its respective officers, directors, employees, successors, representatives, and agents harmless from and against all Losses howsoever arising from all claims, allegations, actions, proceedings, demands, or costs brought by a third party or other liability or expenses (including, without limitation, attorneys’ fees) (each, a “Claim“) that we may sustain or incur, directly or indirectly, arising from or as a result of your: (i) actual or alleged breach of the Terms; (ii) use of the Platform or Application; (iii) access to, use, or Misuse or Abuse of the Content on, or any Service(s) offered through, our Platform and Applications; (iv) misconduct in any manner, including negligence and fraud, in connection with your use of our Platform and Applications or any of the Services; or (v) any actual or alleged infringement of any Intellectual Property Rights by you, and any personal injury, death, or property damage related thereto.
    • We will notify you of any such claim or proceeding and assist you, at your expense, in defending the same. We reserve the right to assume, at your expense, the exclusive control and defence of any matter that is or may be subject to indemnification under this Should we exercise this right, you nevertheless agree to cooperate with any reasonable requests we make of you to assist with our defence of such matter.

20. DISCLAIMER
    • DRIFT AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE PLATFORM OR APPLICATION, PROVISION OF SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR LISTINGS INCLUDED ON THE PLATFORM OR APPLICATION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DRIFT AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DRIFT AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SERVICES. DRIFT IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE APPLICATION AND/OR PLATFORM. DRIFT DOES NOT WARRANT OR COVENANT THAT OUR SERVICES, PLATFORM OR APPLICATION WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE PLATFORM OR APPLICATION IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES OR THE APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE PLATFORM OR APPLICATION, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
    • Neither shall DRIFT be responsible for the delay or inability to use the Platform or Application or related services, the provision of or failure to provide Services, or for any information, software, services and related graphics obtained through the Platform or Application, or otherwise arising out of the use of the Platform or Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, DRIFT shall not be held responsible for non-availability of the Platform or Application during periodic maintenance operations or any unplanned suspension of access to the application that may occur due to technical reasons or for any reason beyond the Platform or Application’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform or Application 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 and/or data.
    • THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
    • Whilst we will use reasonable commercial efforts to ensure that all your submitted Personal Data and Confidential Information is accurately captured, extracted and/or entered into our system, we do not warrant that this process or that any reports and/or analysis generated by the Platform will be 100% (hundred percent) error free. You are responsible for reviewing and verifying all such reports and/or analysis and promptly informing us of any errors noted in writing. Subject to that, we will take steps to investigate and rectify any confirmed errors as soon as reasonably practicable following receipt of your

21. LIMITATION OF LIABILITY
    • To the maximum extent permitted by law, we will not be liable to you for any Losses, (including loss of information, data, revenues, profits or savings) resulting, directly or indirectly, out of, or in any way connected with your access to, use of, or reliance on the Platform or Services including any special, consequential, punitive, incidental or other losses, expenses or damages arising out of or in connection with the use of the Platform and/or Application whether in negligence, contract, tort, strict liability, or any other legal theory. You assume full responsibility for the use of the Services and/or Platform and/or Application.
    • We may at our sole discretion and without assigning any reason whatsoever at any time, deactivate or/and suspend your DRIFT Account and/or access to the Platform or Application without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of these Terms , we shall not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to the Platform or Application for any booking shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
    • We may suspend performance of our Services or access to the Platform or Application without liability where we have identified an actual or potential personal, financial or legal risk to the User (which may include the following circumstances: (i) if you breach these Terms or any of our policies; (ii) if you fail to reasonably cooperate with an investigation by us; or (iii) where we reasonably believe that your continued provision of any of our Services would expose you or us or our respective affiliates or customers to a material security risk or a regulatory action.
    • Without limiting Clause 21.1 above, if you suffer Losses or damage as a result of our gross negligence or willful failure to comply with our obligations under these Terms, any claim by you against us will in any event be limited to the aggregate Listing Rate paid by you to us for the booking of that particular Listing.
    • Market data and other information made available to you through the Platform and/or Application may be obtained by DRIFT from third parties. Whilst DRIFT believes such market data or information to be reliable, neither DRIFT nor such third parties guarantee the accuracy, completeness or timeliness of any such market data or information and are provided on “as is” basis.
    • The Platform, and/or Application is a venue only for the purposes of facilitating interactions and transactions between the Guests and the Hosts/Experience Providers. As the provider of the Platform, and/or Application, DRIFT does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. Hosts/Experience Providers alone are responsible for their Listings. When Users make or accept a booking, they are entering into a contract directly with the Hosts/Experience Providers. DRIFT is not and does not become a party to or other participant in any contractual relationship between the User and the Host/Experience Provider, nor is DRIFT a real estate broker or insurer. DRIFT is not acting as an agent in any capacity for any User. Similarly, DRIFT is not a contracting agent or representative of any Host/Experience Provider, except as a limited agent solely for collecting the payment. Instead, DRIFT’s role is solely to facilitate the availability of the Platform, Application and Services for the Users and to provide services related thereto.
    • The Hosts/Experience Providers providing vacation rental property information, travel, or other services on the Platform are independent contractors and not agents or employees of DRIFT or its affiliates. DRIFT and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such Hosts/Experience Providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. DRIFT and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority. You hereby agree to release, and forever discharge DRIFT and its affiliates and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the Services, Platform and/or Application.
    • You are solely responsible for all of your communications and interactions with other Users of the Platform, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Platform, Application or Services, including, but not limited to, any Hosts/Experience Providers or Users. You understand that DRIFT does not undertake to verify the statements of Users of the Platform, Application or Services or the Reviews of any Listings. DRIFT makes no representations or warranties as to the conduct of Users of the Platform, Application or Services or their compatibility with any current or future Users of the Platform, Application or Services. You agree to take reasonable precautions in all your communications and interactions with other Users of the Platform, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Platform, Application or Services, including, but not limited to, Users and Hosts/Experience Providers, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by DRIFT Notwithstanding DRIFT’s appointment as the limited agent of the Hosts/Experience Providers for the purpose of accepting payments from Guests on behalf of the Hosts/Experience Providers, DRIFT explicitly disclaims all liability for any act or omission of any Hosts/Experience Providers or other third party.
    • You acknowledge and agree that some Experiences may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Experiences may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Experiences. You assume full responsibility for the choices you make before, during and after your participation in an Experience. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of the Experience and to the maximum extent permitted by law, you agree to release and hold harmless DRIFT and its affiliates from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to yourself or the additional guests, including any minors during the Experience or in any way related to the Experience.
    • You acknowledge and agree that some Accommodations may be located in remote places and therefore, might be difficult to reach. You assume full responsibility for the choices you make before, during and after your participation in an Experience. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of the Experience and to the maximum extent permitted by law, you agree to release and hold harmless DRIFT and its affiliates from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to yourself or the additional guests, including any minors during the Experience or in any way related to the Accommodation.    
    • You expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in DRIFT/Platform/Application incurring any form of liability whatsoever, these Terms and any agreement thereof will stand terminated 1 (one) day before the coming into effect of such statute, rule, regulation or

22. THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND/OR SERVICES
    • The Services, Platform and/or Application may enable you to link to the websites and to access the content, products and/or services of third parties, including users, advertisers, affiliates and sponsors of such third parties. We have no control over and are not responsible for any such third-party websites or content, products or services and you agree to bear all risks associated with your access to and/or use of any such third-party websites, content, products and
    • You are aware that all such third-party content is the responsibility of the respective authors thereof, and DRIFT does not make any warranties or guarantees with respect to the same. You are further aware that DRIFT does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the Services, Platform, and/or Application; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion or statement made by any party that appears in the Services, Platform and/or Application. You acknowledge and agree that under no circumstances will DRIFT or its affiliates be responsible or liable for any Losses resulting from your reliance on information or other Content posted on the Platform and/or Application or transmitted to or by any Users or third parties.

23. FORCE MAJEURE

Either Party shall not be liable for any failure or delay on its part in performing its obligations under these Terms, if such failure or delay is due in whole or in part, to “Force Majeure” conditions. Force Majeure for these Terms, shall mean incidents which could not have been reasonably predicted and which have resulted from circumstances beyond the control of the affected Party and which are limited to, act of God, or governmental act, political instability, epidemic, pandemic, flood, fire, explosion, accident, civil commotion, war or computer viruses. The Party whose performance is prevented by Force Majeure shall take all reasonable actions within its power to comply as fully as possible herewith and to preserve and protect the respective interests of the other Party hereto. DRIFT is not obligated to make payments, claims and refunds  of any amounts during a Force Majeure event.

24. GOVERNING LAW AND JURISDICTION
    • These Terms will be governed by the laws of India.
    • The courts of New Delhi shall have exclusive jurisdiction over any disputes between the Parties arising out of or in relation to these Terms.

25. DISPUTE RESOLUTION
    • If any disputes or claims arising under Terms or out of or in connection with the execution, interpretation, performance, or non-performance of these Terms or in respect of the scope, validity or application of the Terms, or the subject matter hereof (“Dispute“), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.
    • All Disputes that cannot be resolved by the Parties by discussion shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 (three) arbitrators. Each Party shall appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed shall appoint the 3^rd (third) arbitrator. The venue of arbitration shall be New Delhi. The language of the arbitration shall be English. The decision of the arbitrators shall be final, binding and incontestable and may be used as a basis for judgment thereon anywhere. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
    • Each Party shall bear its own costs of the arbitration.

26. PRIVACY

Use of the Services, Platform and Application are also governed by the Privacy Policy. We only use your information as described in the Privacy Policy. We view protection of Users’ privacy as a very important community principle. If you object to the Privacy Policy in any way, please do not use the Services, Platform and Application.

27. GRIEVANCE OFFICER 

In the event you have any grievances or questions about the Platform or Application or if you wish to make a complaint regarding any violation of the provisions of the Privacy Policy and the way your Personal Data is processed, you may contact us at the details as set out below, pursuant to which your grievance shall be redressed within 1 (one) month from the date of receipt of grievance/complaint. 

Name: Abhimanyu Mehra  

Email ID: abhimanyu@thedrift.in

For Users who are residents of the European Union: 

Name of Controller: [Ÿ] 

Email: [Ÿ] 

Name of EU Representative: [Ÿ] 

Email: [Ÿ] 

28. MISCELLANEOUS
    • Waiver

            The failure of a Party at any time to insist on performance of any provision of the Terms is not a waiver of that Party’s right at a later time to insist on performance of that or any other governing provision of the Terms.

• Severability

            If any term or provision of the Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of the Terms shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

• Notices

            Any notice given under the Terms by either Party to the other must be in writing, by email, or by electronic communication via the Platform or the Application and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the email or electronic communication was not received by the recipient’s email or web server. Notices to DRIFT must be sent by email to  abhimanyu@thedrift.in or to any other email address notified by email to the Users by D.R.I.F.T, or by electronic communication via the Platform or the Application from time to time for such purpose. Notices to the Users shall be sent to the email address which you provided when registering for setting up your DRIFT Account or by such other electronic communication via the Platform or the Application.

• Assignment

            The User shall not have the right to assign or transfer the Terms, or any part thereof, without the prior written consent of DRIFT Any assignment without such consent shall be void and have no effect. D.R.I.F.T shall have the right to assign or transfer the Terms without requiring the prior approval of the Users. 

• Rights of Third Parties

            A person who is not a party to these Terms has no right to benefit under or entitlement to enforce any term of these Terms.

• Relationship of Parties

         You acknowledge and agree that we are merely a service provider in connection with the Services and only act as limited agent of the Host/Experience Provider solely for the purpose of collecting the Listing Rate and any other payments made by the Guests and that nothing in these Terms shall cause or constitute the Parties to be partners, agents or fiduciaries of, each other. You will have no authority to make or accept any offers or representations on our behalf. These Terms will not create an exclusive relationship between you and us.