BOOKING CANCELLATION POLICY
Cancellations can be made by contacting howdy@aMadNomad.com. There is a transaction charge of 5% if cancelled more than two weeks prior to the commencement of your trip; a 50% cancellation fee, if cancelled between 7 & 14 days prior to the commencement of your trip. In the case of cancellation with less than 7 days of the commencement of your trip, there will be no refund.
Overview. We provide the Website and Services as an online network and service to provide individuals seeking information and reservations (“Customers”) with resources about trips, adventure courses, gears, camping, campsites, and other land (“Property”). We enable Customers to make reservations for short-term stays (“Booking”) on Property with landowners who have created Listings for such Property (each, a “Landowner”). Our Users include Customers and Landowners.
Our Role. AMADNOMAD IS NOT A REAL ESTATE BROKER, REAL ESTATE SALESPERSON, INSURER, OR REAL ESTATE AGENT. AMADNOMAD HAS NO CONTROL OVER THE CONDUCT OF LANDOWNERS, CUSTOMERS, OR OTHER USERS OF THE WEBSITE AND SERVICES OR ANY PROPERTY OR OTHER THIRD PARTY. We are not an owner, operator, or provider of any Property, nor do we manage and/or control Properties or transportation or travel services .
Booking Property. In situations where you, as a Customer, have the ability to book a Property or a Trip on our Website, we refer to such booking as a “Booking”. However, any Booking is indirectly between the Customer and entity that owns or manages such Property; we are a party to such Booking or any transaction or agreement related thereto.
Disclaimer. By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from aMadNomad with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users regarding any Listings (defined below), or potential or actual Bookings. The foregoing limitation shall not apply to any claim by a Landowner against us regarding the remittance of payments received from a Customer by aMadNomad on behalf of a Landowner.
For Customers. The following terms apply only to Users in their role as a Customer:
Bookings. In Bookings, aMadNomad acts as a technology service that facilitates communication and is a party to any transaction between Customers and Landowners. Pricing is set by the applicable Landowner. You acknowledge and agree that you, and not aMadNomad, will be responsible for performing the obligations of any agreement you may have with a Landowner, that aMadNomad is not a party to such agreements, and that, with the exception of its payment obligations hereunder, aMadNomad disclaims all liability arising from or related to any such agreements.
When we provide Bookings, our responsibilities are limited to: (i) facilitating the availability of the Website and Services and (ii) serving as the limited payment collection agent of Landowners for the purpose of accepting payments from Customers on behalf of the Landowners of such amounts stipulated by the Landowners.
In the event that a Landowner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items or property with equivalent items.
After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Account. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Property to the applicable Landowner or to aMadNomad (if applicable). Both Customers and Landowners agree to cooperate with and assist aMadNomad in good faith, and to provide aMadNomad with such information and take such actions as may be reasonably requested by aMadNomad, in connection with any complaints or claims made by Landowners.
If you are a Customer, upon aMadNomad’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Landowner, at no cost to you, which process will be conducted by aMadNomad or a third party selected by aMadNomad, with respect to losses for which the Landowner is requesting payment from aMadNomad.
Property Terms and Conditions. As a Customer, you will comply with all applicable Property Rules and Regulations, and laws, rules, regulations, and local ordinances, for any Booking you make. Use of any Property will be subject to: (i) availability of the Property; (ii) payment of all fees and charges incurred in reserving and/or using the Property; and (iii) compliance with the terms and conditions and/or Property Rules. Unless otherwise agreed in writing, settlement of all fees and charges incurred in reserving and/or using the Property is to be made by you prior to your use and shall not be considered guaranteed until written confirmation has been provided to you. You understand that a violation of Property Rules may result in cancellation of your Booking(s), in your being denied access to any Booking, or in your forfeiting any monies paid for such reservation(s). You hereby authorize us to debit or charge your account (via the method of payment associated with your account) for any costs we incur as a result of such violation (including any property damage or physical injury you cause).
Damage to Property. As a Customer, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Customer, 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 Property. You agree that we are authorized to immediately charge your Account for all fees and charges due and payable to aMadNomad hereunder and that no additional notice or consent is required.
Promotions. From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes for Property and Trips. Unless otherwise indicated on the Website, we may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Website or Services. Promotional codes are generally limited to one use per customer. We may post additional terms of a promotion on the Website.
For Landowners. If you are a Landowner, the following provisions apply to you:
Listings. If you wish to list a Property as a Landowner, you may create a listing of that Property by answering a variety of questions about it and providing the Property Rules and pricing (“Listing”). Listings are made publicly available on our Website. You acknowledge and agree that you are responsible for any and all Listings you post. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
Compliance. YOU SHOULD UNDERSTAND HOW THE LAWS WORK IN THE JURISDICTION OF YOUR PROPERTY. SOME JURISDICTIONS REQUIRE REGISTRATION AND CERTAIN LICENSING AND PERMITS. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH COMPLIANCE. You represent and warrant that any Listing you post and any subsequent Booking (and use) of a Property: (i) will not breach any agreements you have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Property (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that aMadNomad assumes no responsibility for any compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. PLEASE REVIEW LOCAL LAWS BEFORE LISTING A PROPERTY.
Availability. You can set your own schedule of availability for your Property. You can accept or reject prospective bookings through the Services or in other communications with us. However, once a Customer makes a booking request, you may not request the Customer to pay a higher price than in the booking request on the Website. Once you accept a Booking or receive a Booking through Instant Book, you agree to fulfill that commitment to us and to the Customer and you may not charge any User additional or supplemental fees for the Booking (other than required taxes). We may make tools available to you to help you to make informed decisions about which Customers you choose to confirm for booking for your Property, but you acknowledge and agree that, as a Landowner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are otherwise present on the Property at your request or invitation, excluding the Customer and his or her invited guests.
Relationship with Landowners. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between aMadNomad and you. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving aMadNomad that is inconsistent with your being an independent contractor (and not an employee) of aMadNomad. You are not the agent of aMadNomad and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of aMadNomad. Without limiting the generality of the foregoing:
You are not entitled to or eligible for any benefits that aMadNomad may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, aMadNomad will not withhold or make payments for social security or payroll taxes of any kind, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf, nor will you be entitled to any of the foregoing. You are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments to you under this Agreement, and you agree to do so in a timely manner. If applicable, AMadNomad will report the payments paid to you under this Agreement with the Internal Revenue Service as required by law. You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.
Use of the Services and aMadNomad Materials. The Website, the Services, the Application, and the information and content available on the Website and in the Services (as these terms are defined below) (collectively, the “aMadNomad Materials”) are protected by copyright laws throughout the world. Subject to the Terms, aMadNomad grants you a limited license to reproduce portions of the aMadNomad Materials for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by aMadNomad in a separate license, your right to use any aMadNomad Materials is subject to the Terms.
Updates. You understand that the aMadNomad Materials are evolving. As a result, aMadNomad may require you to accept updates to the aMadNomad Materials that you have installed on your computer or mobile device. You acknowledge and agree that aMadNomad may update the aMadNomad Materials with or without notifying you. You may need to update third-party software from time to time in order to use the aMadNomad Materials.
Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the aMadNomad Materials or any portion of the aMadNomad Materials, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other aMadNomad Materials (including images, text, page layout or form) of aMadNomad; (c) you shall not use any metatags or other “hidden text” using aMadNomad’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the aMadNomad Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the aMadNomad Materials in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the aMadNomad Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the aMadNomad Materials. Any future release, update or other addition to the aMadNomad Materials shall be subject to the Terms. aMadNomad, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the aMadNomad Materials terminates the licenses granted by aMadNomad pursuant to the Terms.
Third-Party Materials. As a part of the aMadNomad Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for aMadNomad to monitor such materials and that you access these materials at your own risk.
Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the aMadNomad Materials under the laws of the India, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the aMadNomad Materials by minors. You may not share your Account or password with anyone, and you agree to notify aMadNomad immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or aMadNomad has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, aMadNomad has the right to suspend or terminate your Account and refuse any and all current or future use of the aMadNomad Materials (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. aMadNomad reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the aMadNomad Materials if you have been previously removed by aMadNomad, or if you have been previously banned from any of the aMadNomad Materials.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the aMadNomad Materials, including but not limited to, a mobile device that is suitable to connect with and use the AMadNomad Materials, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the aMadNomad Materials.
Responsibility for Content.
Types of Content. You acknowledge that all Content, including the AMadNomad Materials, is the sole responsibility of the party from whom such Content originated. This means that you, and not aMadNomad, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the aMadNomad Materials (“Your Content”), and other Users of the aMadNomad Materials, and not aMadNomad, are similarly responsible for all Content they Make Available through the aMadNomad Materials (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that aMadNomad has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although aMadNomad reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that aMadNomad pre-screens, refuses or removes any Content, you acknowledge that aMadNomad will do so for aMadNomad’s benefit, not yours. Without limiting the foregoing, aMadNomad shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Storage. Unless expressly agreed to by aMadNomad in writing elsewhere, aMadNomad has no obligation to store any of Your Content that you Make Available on the aMadNomad Materials. aMadNomad has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the aMadNomad Materials. You agree that aMadNomad retains the right to create reasonable limits on aMadNomad’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by aMadNomad in its sole discretion.
aMadNomad Materials. Except with respect to Your Content and User Content, you agree that aMadNomad and its suppliers own all rights, title and interest in the aMadNomad Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the aMadNomad Materials.
Trademarks. aMadNomad and other related graphics, logos, service marks and trade names used on or in connection with the aMadNomad Materials or in connection with the Services are the trademarks of aMadNomad and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the aMadNomad Materials are the property of their respective owners.
Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the aMadNomad Materials.
Your Content. aMadNomad does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the aMadNomad Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. Subject to any applicable account settings that you select, you grant aMadNomad a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the aMadNomad Materials, including workspaces. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not aMadNomad, are responsible for all of Your Content that you Make Available on or in the aMadNomad Materials.
Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the aMadNomad Materials, you hereby expressly permit aMadNomad to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of aMadNomad.
Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to aMadNomad through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that aMadNomad has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to aMadNomad a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the aMadNomad Materials.
Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms): (a) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the aMadNomad Materials (including your Account), or access to or use of the aMadNomad Materials; or (b) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Unauthorized Use or Access. You agree that you will not, under any circumstances:
Interfere or attempt to interfere with the proper functioning of the aMadNomad Materials or connect to or use the aMadNomad Materials in any way not expressly permitted by the Terms;
Systematically retrieve data or other content from our aMadNomad Materials 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, spiders, or otherwise;
Use, display, mirror or frame the aMadNomad Materials, or any individual element within the aMadNomad Materials, aMadNomad’s name, any aMadNomad trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without aMadNomad’s express written consent;
Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the aMadNomad Materials or that is in transit from or to the aMadNomad Materials, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the aMadNomad Materials;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the aMadNomad Materials, whether through the use of a network analyzer, packet sniffer or other device;
Make any automated use of the aMadNomad Materials, or take any action that imposes or may impose (in aMadNomad’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the aMadNomad Materials;
Bypass any robot exclusion headers or other measures aMadNomad takes to restrict access to the aMadNomad Materials, or use any software, technology or device to send content or messages, scrape, spider or crawl the aMadNomad Materials, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorized connection to the aMadNomad Materials, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the aMadNomad Materials; or (ii) any connection using programs, tools or software not expressly approved by aMadNomad;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the aMadNomad Materials, or to obtain any information from the aMadNomad Materials;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the aMadNomad Materials;
Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Solicit or attempt to solicit personal information from other Users of the aMadNomad Materials;
Use the aMadNomad Materials to collect, harvest, 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;
General. In connection with your use of the aMadNomad Materials, you shall not:
Make Available any Content that (i) is unlawful, tortuous, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; or (vi) promotes illegal or harmful activities;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, aMadNomad personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
Register for more than one Account or register for an Account on behalf of an individual other than yourself;
Stalk or otherwise harass any other User of our aMadNomad Materials; or
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
Investigations. aMadNomad may, but is not obligated to, monitor or review the aMadNomad Materials and Content at any time. Without limiting the foregoing, aMadNomad shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although aMadNomad does not generally monitor user activity occurring in connection with the aMadNomad Materials or Content, if aMadNomad becomes aware of any possible violations by you of any provision of the Terms, aMadNomad reserves the right to investigate such violations, and aMadNomad may, at its sole discretion, immediately terminate your license to use the aMadNomad Materials, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
Third-Party Services. The aMadNomad Materials may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the aMadNomad Materials and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of aMadNomad. aMadNomad is not responsible for any Third-Party Websites & Ads. aMadNomad provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Fees and Purchase Terms. There are no fees for browsing or using our Website.
Bookings. However, if you make a Booking, you agree to pay any and all fees or charges associated with such Booking. We may charge a fee for the service we provide when you make a Booking through the Services. You also authorize aMadNomad to charge your credit card in the event of damage caused at a Property in accordance with the Terms.
Payment. We use a third party payment provider to process payments (“Payment Provider”). By submitting your payment information to or through our Payment Provider, you authorize us to charge the applicable payment method for your Booking and any related fees or charges. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. You agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to aMadNomad hereunder (including any damage you cause at or to a Property) and that no additional notice, authorization, or consent is required. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the aMadNomad Properties or by e-mail delivery to you.
Landowners. In the event of Booking, we may act as the Landowner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Landowner.
Indemnification. You agree to indemnify and hold aMadNomad, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “aMadNomad Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the aMadNomad Materials; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; (e) your violation of any applicable laws, rules or regulations; (f) your interaction with any User or booking of a Property; and (g) the use, condition or rental of a Property by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Property. aMadNomad reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with aMadNomad in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the aMadNomad Materials.
Disclaimer of Warranties.
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE AMADNOMAD MATERIALS IS AT YOUR SOLE RISK, AND THE AMADNOMAD MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE AMADNOMAD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The AMADNOMAD PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE AMADNOMAD MATERIALS OR ANY PROPERTY ACCESSED A RESULT OF YOUR USE OF THE AMADNOMAD MATERIALS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE AMADNOMAD MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AMADNOMAD MATERIALS WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE AMADNOMAD MATERIALS WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE AMADNOMAD MATERIALS IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE AMADNOMAD MATERIALS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. AMADNOMAD MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, AND REPUTATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AMADNOMAD OR THROUGH THE AMADNOMAD MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, AMADNOMAD MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT AMADNOMAD’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT AMADNOMAD PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD AMADNOMAD PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING CUSTOMERS, LANDOWNERS, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE AMADNOMAD MATERIALS. YOU UNDERSTAND THAT AMADNOMAD DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, WHETHER CUSTOMERS OR LANDOWNERS. AMADNOMAD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE AMADNOMAD MATERIALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE AMADNOMAD MATERIALS. PLEASE TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT AMADNOMAD DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
Limitation of Liability.
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE AMADNOMAD PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AMADNOMAD MATERIALS OR ANY BOOKING, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT AMADNOMAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE AMADNOMAD MATERIALS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE AMADNOMAD MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE AMADNOMAD MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AMADNOMAD MATERIALS; OR (5) ANY OTHER MATTER RELATED TO THE AMADNOMAD MATERIALS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE AMADNOMAD PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY AMADNOMAD FROM YOU OR PAID BY AMADNOMAD TO YOU IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID AMADNOMAD ANY AMOUNTS IN SUCH PERIOD, AMADNOMAD’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).
User Content. AMADNOMAD PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AMADNOMAD AND YOU.
EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Procedure for Making Claims of Copyright Infringement. It is aMadNomad’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to aMadNomad by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the aMadNomad Materials in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the aMadNomad Materials of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Term and Termination.
Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the aMadNomad Materials, unless terminated earlier in accordance with the Terms.
Prior Use. Notwithstanding the foregoing, if you used the aMadNomad Materials prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the aMadNomad Materials (whichever is earlier) and will remain in full force and effect while you use the aMadNomad Materials, unless earlier terminated in accordance with the Terms.
Termination of Services by aMadNomad. aMadNomad has the right to suspend or terminate any Services provided to you for any reason. You agree that all terminations for cause shall be made in aMadNomad’s sole discretion and that aMadNomad shall not be liable to you or any third party for any termination of your Account.
Termination of Services by You. If you want to terminate the Services provided by aMadNomad, you may do so by (a) notifying aMadNomad at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to aMadNomad’s address set forth below.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. aMadNomad will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Violations. If aMadNomad becomes aware of any possible violations by you of the Terms, aMadNomad reserves the right to investigate such violations. If, as a result of the investigation, aMadNomad believes that criminal activity has occurred, aMadNomad reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. aMadNomad is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the aMadNomad Materials, including Your Content, in aMadNomad’s possession in connection with your use of the aMadNomad Materials, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of aMadNomad, its Users or the public, and all enforcement or other government officials, as aMadNomad in its sole discretion believes to be necessary or appropriate.
Breach. In the event that aMadNomad determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the aMadNomad Materials, aMadNomad reserves the right to:
Warn you via e-mail (to any e-mail address you have provided to aMadNomad) that you have violated the Terms;
Delete any of Your Content provided by you or your agent(s) to the aMadNomad Materials;
Discontinue your registration(s) with the any of the aMadNomad Materials, including any Services or any aMadNomad community;
Discontinue your subscription to any Services;
Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue any other action which aMadNomad deems to be appropriate.
No Subsequent Registration. If your registration(s) with or ability to access the aMadNomad Materials, or any other aMadNomad community is discontinued by aMadNomad due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the aMadNomad Materials or any aMadNomad community through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those aMadNomad Materials to which your access has been terminated. In the event that you violate the immediately preceding sentence, aMadNomad reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
International Users. The aMadNomad Materials can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that aMadNomad intends to announce such Services or Content in your country. The aMadNomad Materials are controlled and offered by aMadNomad from its facilities in India. aMadNomad makes no representations that the aMadNomad Materials are appropriate or available for use in other locations. Those who access or use the aMadNomad Materials from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Waiver against Landowners. AS A CUSTOMER, YOU HEREBY FREELY, VOLUNTARILY AND WITHOUT DURESS RELEASES LANDOWNER FROM LIABILITY UNDER THE FOLLOWING TERMS (THE “RELEASE”):
Acknowledgement and Assumption of Risk. Customer acknowledges that camping/adventure travel (the “Activity”) might cause injuries, death, property damage or other harm to third parties. Customer accepts and voluntarily incurs all risks of any such injuries, damages or harm which arise during or result from the Activity except only to the extent caused by the sole negligence or intentional misconduct of the Landowner or its agents and representatives.
Waiver and Release. Customer waives releases and forever discharges all claims against the Landowner and its agents and representatives (hereinafter collectively “Released Parties”) for any injuries, damages, losses or claims, whether known and unknown, which arise during or result from the Activity, except only to the extent caused by the sole negligence or intentional misconduct of any of the Released Parties.
Indemnification and Hold Harmless. Customer agrees to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys’ fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits brought against any of the Released Parties to recover any losses, liabilities, costs, damages or expenses which arise during or result from the Activity, except only to the extent caused by the sole negligence or intentional misconduct of any of the Released Parties.
Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without aMadNomad’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. aMadNomad shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Compliance. If you believe that aMadNomad has not adhered to the Terms, please contact aMadNomad by emailing us at support@aMadNomad.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
Limitations Period. YOU AND AMADNOMAD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE AMADNOMAD MATERIALS OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with aMadNomad and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by aMadNomad that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and aMadNomad, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to aMadNomad should be sent to: support@aMadNomad.com. After the Notice is received, you and aMadNomad may attempt to resolve the claim or dispute informally. If you and aMadNomad do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and aMadNomad, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and aMadNomad.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and aMadNomad in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND AMADNOMAD WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with aMadNomad.
Small Claims Court. Notwithstanding the foregoing, either you or aMadNomad may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in California, for such purpose.
Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of Indian Government
Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
Notice. Where aMadNomad requires that you provide an e-mail address, you are responsible for providing aMadNomad with your most current e-mail address. In the event that the last e-mail address you provided to aMadNomad is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, aMadNomad’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.