Vendor Terms & Conditions
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These Terms of Use (the "Terms of Use"), read together with the privacy policy available at www.retreatsforme.com ("Website") shall constitute a legal and binding agreement ("Agreement") between you and Nueve Technologies(A unit of Nueve Enterprises Pvt. Ltd.) (the "Company" or "We"), having its registered office at A-40, First Floor Rajouri Garden, West Delhi 110027, New Delhi. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us, or our subsidiaries or affiliates or authorized representative. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these terms on such entity's behalf, and that you agree to indemnify us for violation of this Agreement. Any capitalized term used in this term of use and not defined herein shall have the meaning as defined in the privacy policy.
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Your acceptance of the Agreement shall be deemed for usage of services offered on the Website. If you do not agree with any provisions of the Agreement, you are required to leave this Website immediately. So, the Company recommends that you must read the Terms of Use and privacy policy fully and carefully. YOUR USE OF SERVICES ON THE WEBSITE MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
OVERVIEW
- RFM is engaged in the business of facilitating bookings of Wellness Treatments /Ayurveda Treatments /Yoga retreats & teacher training programs through its portal retreatsforme.com.
- The Host is in the business of providing Wellness Treatments/Ayurveda Treatments /Yoga retreats & teacher training courses, accommodation services and has represented to RFM that it has the necessary legal, technical, and business set up to deliver the services as mentioned in their packages provided at RFM portal.
- RFM and the Host desire to enter into this Agreement to bind themselves with their mutual obligations as prescribed hereunder, and this Agreement supersedes all prior understanding of the Parties with respect to their dealings with each other on the Scope of Services.
HOST OBLIGATIONS
- The Host will allow RFM Guests to enter the venue without any problem after checking valid entry details, RFM vouchers.
- Will give RFM all relevant & valid information regarding the details of deals, bookings, date & timing, visuals, deals, extension requests of a guest, offers, the validity of offer with full terms and conditions.
- The Host also undertakes to give timely updates to email id- [email protected], if any change related to any package/accommodation which is already aired on the RFM website.
- Host undertakes the responsibility that he has taken all necessary permissions from all relevant Government agencies, Govt’s bodies, Medical Associations and other relevant authorities related to their property/retreat, Ayurveda treatments/Teaching courses and other services offered by them.
- The host will get their Terms and conditions, User agreement, Indemnity clause sheet signed by the guest upon check-in.
- Rooms will be allotted to Guests at the check-in time mentioned in the package on the RFM portal. Early Check-in or Late check-outs can be requested by Guests directly to the Host or via RFM and it is up to the discretion of Host to accept or not.
RFM OBLIGATIONS
- The use of the Platform(Retreatsforme.com) for the Host is free of charge
- RFM will sell the Wellness Treatments/Ayurveda treatments/ Yoga Retreats & Yoga/Ayurveda Teacher Training programs and manage bookings for the Host through its web portal retreatsforme.com
- All the package offers and deals are given by the host and RFM just reframes their content (without changing the facts) to be offered Globally.
- RFM will promote the host business as per its commission criteria as chosen by Host(amongst various tier categories). RFM may command its own price for each offering of the HOST.
- RFM shall provide updates on sales/booking made by a guest for Host offering by giving RFM panel for the Host or via email.
- RFM has the authority to use the host’s logo and other advertisement materials to promote Host’s Offering/RFM portal via any medium RFM chooses to.
CONFIDENTIALITY
Any confidential information that has been disclosed by either party to the other party shall be maintained in strict confidence and trust by the non-disclosing party. For the purpose of this clause Confidential information includes all the details of this agreement, the pricing of the deals, details regarding the sale and promotion of the hotels,deals, promotion discounts, special offer etc. and the details of the Guests / RFM guests that may become known to you as a result of this agreement.
COMMERCIAL AND PRICING AGREEMENT
This service is being made available to the Host at the following terms:
A. RFM will be the partner for online booking of Host for services of Wellness Treatments/Ayurveda Treatments/Yoga retreats &Teacher training.
B. The Host will give Commission against each booking sold by RFM.
C. If the Host is offering any promotional sales of room nights at discounted prices compared to the usual Sell Rate, the same discounted prices shall be offered to the Guests booking through RFM.
D. RFM may offer certain promotions over the treatment/retreat/wellness of the Host to the guests, except on any specific dates duly informed by the Host to RFM at least five working days in advance. Irrespective of the discounts offered by RFM, the Host would be required to raise an invoice to the guests for the gross amount paid by them to the host and discharge tax liability accordingly.
E. Notwithstanding anything mentioned above, RFM at their own discretion can charge the guests booking through the respective Host, a service fee for its services, over and above the Sell Rate. For the service fee (if any) charged, RFM shall issue a tax invoice for the guest only for the amount of service fee along with applicable taxes and Host will not have any responsibility to raise an invoice to the guest towards such service fee.
F. The Host undertakes the responsibility for the successful completion of the booked reservation. In case if a reservation is not completed by whatsoever reason, the Host shall not claim any amount from RFM. The refunded amount will be as per the policy of the Host. Such amount will be refunded directly to guest for the amount they had paid to the Host. The balance amount will be refunded to RFM in their account. In case the cancellation is by Host then they shall pay 5% of the total amount to RFM towards losses on bank gateway charges (2.5% on booking & 2.5% on cancellation refund to payment to Guests). In Case if RFM has already paid any part payment to the Host against the reservations and if this reservation is canceled due to whatever reason then the Host undertakes the responsibility to refund received amount immediately to RFM so that RFM can refund to all guests.
PAYMENT COLLECTION AND SETTLEMENT
- The use of the website Platform(Retreatsforme.com) is free for browsing purposes only. Guests will be required to pay a specific percentage of the total amount of package reserved in advance. RFM shall be entitled to keep that minimum amount deposited by a guest for a specific reservation until confirmation received by the Host.
- RFM holds a right and shall reserve a commission fee amount for its services, which shall be a fixed percentage of the total price of the specific offering of the Host. This commission fee is applicable for all types of bookings on the platform (retreatsforme.com). The same applied commission percentage shall be indicated or revealed all the times to the Host in written via email/written-contract before or after the Host publishes an Experience Offer.
- RFM shall be entitled to adjust the applicable commission in booking, which it shall be indicated to the Host in advance. The Host would have the right to remove its Experience Offers by emailing on [email protected] if it does not agree with such a fixed commission.
- Upon payment of the deposit for a reservation made through the web platform by the Guest, RFM shall deduct its declared commission fee from this amount and pay the balance to the Host via Bank transfers against their invoice to RFM with the levy of relevant taxes and service charges. For the amount received by RFM, it shall issue an invoice to the Guest with the levy of relevant taxes and service charges. The final settlement of the booking amount payable to the Host will be done by the Guest on-site or days in advance as per the policy of the Host. For the same amount, the Host is responsible to issue an invoice directly to the Guest with the levy of relevant taxes and service charges.
- If the part of the commission fee of RFM is paid directly to the Host, RFM reserves the right to deduct or withhold the amounts from future payments made by a guest to the Host in the future. RFM may also ask or request the Host to settle the outstanding commission amount via bank transfer.
- RFM has the right to impose requirements to the concerned minimum balance that can be transferred to the bank account of the Host; in case the guest wants to pay the required deposit directly to the Host; in which case the Host is liable to pay RFM by the medium preferred by RFM.
- RFM reserves the right to offer different payment methods on its platform for the guests and cannot be held to make alternate payment methods available on its platform.
- RFM allows the Guest to make payment of the deposit required for the reservation through its platform (www.retreatsforme.com) which uses a third party payment Gateway. RFM is not responsible or liable for the balance payment to be collected by the Host on-site at the time of Check-in. If the guest fails to make balance payment required for a Reservation in full then resolving such issues shall be the sole responsibility of the Host and the Guest in which RFM shall not become a party in any such dispute.
TERMS AND TERMINATION
- The Agreement shall commence from the Effective Date and be continue to be valid unless terminated by either Party within 30 (thirty) days’ notice to the other Party anytime during the term of this Agreement in writing via email as given at the end of this agreement.
- In addition, either Party may terminate this Agreement with immediate notice for material breach of the terms of this Agreement by the other Party or any statutory reasons; in case of a breach by a Party capable of being cured, the other Party may terminate this Agreement with immediate notice if the former Party fails to cure the breach within 15 (fifteen) days’ from the date the latter Party notifies the breach. However, the accrued obligations of the Parties prior to the termination will continue to be fulfilled post-termination.
INDEMNITY
- Once a booking has been confirmed by the Guest booking through RFM pursuant to this Agreement, the HOST will honor the reservations without fail. In the extreme cases where accommodating the Guest in the property is not possible for any reason whatsoever, the host will provide the Guest with alternative accommodation in the same or higher category hotel in the same or nearest locality at no extra cost, including transfers. In addition, the host agrees that in the event that the Guest is not satisfied with such alternate accommodation provided by the host, the host is required to provide refunds to the Guest for what they have accepted the payment for and balance will be returned by RFM.
- If there is any act of damage or behavior which is against the law or the policy of the host by the guest, RFM cannot be held liable. And it is the sole responsibility of the host and the guest to settle on their own.
- As RFM will collect a certain amount for reservation on behalf of Host, upon releasing the amount due to Host out of the total receipts of RFM, the host will generate an invoice with applicable taxes to RFM. RFM may take input for GST charged on such invoices. TDS deduction other taxation compliance due on the RFM part will be as per law of the land. All tax liabilities of Host are solely their responsibility and RFM has no obligation or interference in their invoicing methods.
- Each Party agrees to indemnify and hold the other Party, its officers, directors, employees, successors, and assigns harmless against all losses, damages, liabilities, costs or expenses of whatever form or nature, including, without limitation, attorney's fees and expenses and other costs of legal defence whether direct or indirect, that they, or any of them, may sustain or incur as a result of any acts or omissions of the former Party or any of its directors, officers, employees, or agents, including, but not limited to, (1) breach of any of the provisions/obligations of this Agreement (2) negligence, misconduct or other tortious conduct, or (3) misrepresentations made herein.
- Neither Party shall be liable to the other for any direct, indirect, incidental, punitive, special or consequential damages or losses (including without limitation loss of profit or revenue etc.), whether under contract or in tort, and even if the other party has been advised of the possibility of such damage or loss. Notwithstanding anything to the contrary in this contract, in case of any dispute (including third party claims) the maximum liability of RFM under this Agreement is limited to the Commission paid by the Host to RFM during the period of 1 month preceding the date of dispute for that specific property or unit of the Host which is the subject of the dispute.
- It is understood that the Host will get T&C signed by guest upon check-in.
- RFM has the authority to use the host’s logo and other advertisement materials to promote Host’s Offering/RFM portal via any medium RFM chooses to.
TAXES
- Pursuant to this Agreement each Party, with respect to the services rendered in its individual capacity, would be solely responsible for the compliance of all applicable laws including but not limited to legislation regarding Goods and Services Tax (GST), central, state or local levies with respect to payment of taxes, duties, levies, charges, cess, etc. Further, RFM shall not be liable to deposit such amount unless specifically mandated by law. Further, RFM shall deduct/ collect/ withhold any tax to be levied under applicable tax laws, in such manner as may be prescribed, from the amount payable to the host (i.e. the amount collected from the Guest and to be remitted to the Host) and shall furnish appropriate documentation for the same.
- All payments for a commission made by the Host to RFM under the Agreement would be subject to withholding tax as per the law applicable on the date of payment. The Party withholding the tax would be responsible for providing appropriate proof, certificates, documents, etc. to enable the other Party to claim the benefit of the same.
- The Parties would be responsible for their own tax assessments, audits, inquiries, etc. and would keep the other Party indemnified from any additional tax demand arising out of the same.
- The Host undertakes to provide RFM with necessary documents, as may be required by law from time to time, to prove the Host’s compliance with the applicable tax laws with respect to this Agreement, including its obligations to deposit the necessary taxes with the authorities. Any interest, penalties or recoveries from the RFM by any authority on account of a default by the Host will be solely borne by the Host on its own account.
- The Host authorizes RFM to collect the taxes (under the applicable laws) on behalf of the Host from the Guests at the time of booking and remit the same to the Host for depositing the same with the government.