Terms & Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• "Service" means the services provided by the Company, including the processing of eVisa applications.
• "You" means the individual accessing or using our Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Namaste Nirvana Escapes.

Acknowledgment

1. Agreement: These are the Terms and Conditions governing the use of our Services and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
2. Acceptance: Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
3. Consent: By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
4. Age Requirement: You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
5. Privacy Policy: Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
6. Visa Grant: You acknowledge that the grant or refusal of a visa is at the sole discretion of the Indian Government and their rules, regulations and laws, and Namaste Nirvana Escapes is neither involved in the process nor is liable or responsible in any manner whatsoever for any delay in processing or grant or rejection of the visa application by the Government or Embassy, which reserves the right to ask for further documentation and to refuse the visa application.
7. Legally Binding: The policies or “Terms” as may be prescribed by the “Company” together constitute a legally binding agreement between you and the Company. You are requested to read these Terms carefully before accessing or using the Application.
8. Information Technology Act, 2000: This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Placing Orders for Services

Your Information

1. Registration: In order to avail the Services provided by the Company, You may be required to provide certain information relevant to Your Order, including, without limitation, Your name, Your email, Your phone number, and payment information.
2. Representation: You represent and warrant that:
• You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any application;
• The information You supply to us is true, correct, and complete and not misleading;
• You shall revert to the communications sent by Visto within 24 hours of the receipt and any failure to do so shall entitle Visto to cancel your application and You shall not hold Visto liable for any loss/damage due to delay/non-processing of visa on this account.
3. Processing: By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. We reserve the right to ask You for additional information for the purposes of processing your visa. Any failure or delay in providing the same may lead to cancellation of Your application or delay in processing of Your visa.
4. Indemnification: You shall indemnify Us for any errors in the information provided by You and any consequences arising from such errors.

User Account

1. Account Information: When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
2. Responsibility: It will be Your responsibility to maintain the confidentiality of Your Account Information and for restricting access to Your computer or mobile or other similar device to prevent unauthorized access to Your account.
3. Password Protection: You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
4. No Disclosure: You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Application.
5. Travel Consultant: In addition to the terms and conditions as mentioned herein which shall be equally applicable to the Travel Consultant and acknowledged by it, the following additional point shall also be applicable to the Travel Consultants:
• Each Travel Consultant can set up only one user account. The Travel Consultant is obliged to provide correct and complete information during the registration and creation of login. The login data is intended solely for use by the Travel Consultant and therefore always to be kept secret and safe. The Travel Consultant is not entitled to share his login details with third parties to use the Visto service or to disclose them otherwise. The Travel Consultant is obliged to inform Visto immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account.
• Furthermore the Travel Consultant shall be solely responsible for checking and verifying the contents of the application as made on the Visto portal independently. If there are any errors in the application as submitted by the Travel Consultant, then Travel Consultant alone shall be liable for any consequences including delay/non-grant of the visa and shall indemnify Visto i.e. Namaste Nirvana Escapes for all consequences pertaining to the same.
• The Travel Consultant guarantees that the data submitted for their user account (and any other information that is otherwise left for Visto) are in all respects complete, true, accurate and not misleading. Any changes to Travel Consultant’s data should be promptly updated correctly in its account.

Intellectual Property

1. Ownership: The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
2. Protection: The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
3. Usage: Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to other Websites

1. Third-Party Links: Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
2. No Control: The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
3. Advice: We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

1. Termination by Company: We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
2. Effect of Termination: Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

1. Maximum Liability: Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or USD $100 if You haven't purchased anything through the Service, whichever is applicable.
2. No Special Damages: To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
3. Service as Convenience: The Company provides the Service as a convenience and in no way implies a warranty or guarantee for any damages that may occur if a User does not get approval for a visa.The Company expressly limits its liability for any loss of User's sensitive information or losses based on visa refusals.
4. State Laws: Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

1. No Warranty: Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied:
• as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
• that the Service will be uninterrupted or error-free;
• as to the accuracy, reliability, or currency of any information or content provided through the Service;
• that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
2. Jurisdictional Exceptions: Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
3. Handling Exception: Visto i.e. Namaste Nirvana Escapes takes every reasonable precaution while handling the digital documents of the applicant/s and shall not be liable in any manner whatsoever to the applicant/s for any documents which are lost in by accident, theft, natural calamities (act of god) or any other reason outside the control of, or not arising out of a wilful default of Visto and also if documents are hand over directly to the applicant. Without prejudice to the generality of the above, Visto disclaims any and all liability for any loss or damage caused to the applicant/s in the event that his/her documents are delayed/ misplaced/ lost/ damaged.

Indemnification

Restrictions

1. You may use the Services for reasonable and lawful purposes only, and shall not indulge in any activity that is unlawful or harmful to the Services or its content. You are provided with a limited license to access and use the Services, solely for the purpose of availing the Services, subject to these Terms.
2. You will not:
• Delete or modify any content on the Application, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the you do not own or have express permission to modify;
• Delete or modify any content on the Application, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the you do not own or have express permission to modify;
• Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.
  1. Duty of the Company: The Company’s duty is to carry out the visa application and complete the requisite formalities as laid down in the official rules and regulations or the statutes. The Company shall in no way be held accountable for the approval or rejection of the visa applied by or on behalf of you.
  2. Overstay Penalties: The Company shall not be held responsible or liable in any manner in situations where you decide to overstay without legitimate approvals at a particular destination. In such circumstances, you shall be liable to bear the penalty charges, disciplinary action, legal proceedings, etc., by the Government or other such concerned authorities.

Indemnification and Limitation of Liability

1. You agree to indemnify and defend the Company for losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of the Company. The Company will notify you of such claims and accordingly you will have to cooperate and assist and indemnify the Company of such losses.
2. The Company in no event shall be liable for any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform.

Miscellaneous

1. The duty of the Company is only to carry out the visa application and complete the requisite formalities as laid down in the official rules and regulations or the statutes. The Company shall in no way be held accountable for the approval or rejection of the visa applied by or on behalf of you.
2. The Company shall hereby not be held responsible or liable in any manner in situations where you decide to overstay without legitimate approvals at a particular destination. In such circumstances, you shall be liable to bear the penalty charges, disciplinary action, legal proceedings etc. by the Government or other such concerned authorities.

Force Majeure

Grievance Redressal

Governing Laws

Disputes Resolution

Severability and Waiver

1. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
2. Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

Changes to These Terms and Conditions

1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
2. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.