1.0 General Terms
The following Terms and Conditions, together with any other terms incorporated by reference (the “Terms”) govern your (“you” or the “User”) use of NomadicStay.com, owned by Om Galactic, a limited liability company registered in Delaware, US (the “Company”). User and Company may be referred as Party or Parties in below.
The Terms govern and apply to your use and/or reliance on the website NomadicStay.com. Please read the Terms carefully before using the services described by the Company. By using the website, you acknowledge that you have read these Terms and you agree to be bound by them. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE COMPANY AT email@example.com.
BEFORE ACCESSING THIS WEBSITE NOMADICSTAY.COM, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS WEBSITE NOMADICSTAY.COM. ACCORDINGLY, PLEASE EXIT THIS WEBSITE.
OM GALACTIC LLC (owner of the site) MAY REVISE THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT FURTHER NOTICE BY UPDATING THIS POSTING. YOUR ACCESS OR USE OF NOMADICSTAY.COM INDICATES YOUR ACCEPTANCE OF THESE TERMS, AND YOUR REPRESENTATION THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF REGISTRATION AND USE OF THE SITE.
2.0 Disclaimer of warranties and limitation/exclusion OF liability
Om Galactic LLC will use reasonable efforts to include accurate and up-to-date information on its website, but all information is provided "As Is." Om Galactic LLC makes no warranties or representations as to the accuracy of information presented on NomadicStay.com and disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement to the full extent permitted by applicable law.
The Company intends to operate in a highly competitive business which requires signing up hosts who are willing to sign up and list their properties on the platform. The Company disclaims all liability and responsibility to the maximum extent of the law for any statement or informative material communicated. In addition, any information presented on NomadicStay as of a particular date may only be accurate as of such date and Om Galactic LLC disclaims any responsibility to update such information. Om Galactic LLC shall not be held responsible for any action taken that is based on the information presented on NomadicStay.com, and all users of NomadicStay.com website that all access and use of NomadicStay.com, and any and all content presented on NomadicStay.com, is at the user's own risk.
Neither Om Galactic LLC nor any of its agents or affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of user's access, use, or inability to use NomadicStay.com, or any errors or omissions in the content of NomadicStay.com.
Any communication or material you transmit to NomadicStay.com is transmitted by you on a non-confidential basis. Om Galactic LLC makes no promise, express or implied, not to use such communication or material for any purpose whatsoever, including reproduction, publication, broadcast and posting.
3.0 Complete agreement
4.0 Types of users on our platform
4.1 When a new user registers for a new account it is a generic account. When the user creates a new property listing they automatically become a host. Users can either create new accounts using email address or use Facebook accounts.
Hosts are users who advertise or offer their vacation or rental properties (known as listings) to guests on our platform. We require both our hosts and guests to verify their phone number to increase credibility within our platform.
Guests are users who use the services offered by hosts to book accommodations. They can create and customize their profile, upload photos and create favorites.
5.0 Booking, Cancellation and refund policy
5.1 We rely on our users (both guests and hosts) to enrich our platform.
5.2 Both our guests and hosts are responsible for making any modifications to their reservation. They do this by logging into their account and going to My Bookings (for guests) and View Guests (for hosts).
5.3 Guests can cancel their booking up-to 7 days (One week) prior to check-in date for a full refund of the commission fee which Nomadic Stay charges the guest for every confirmed reservation. In extreme cases (like accident or other emergency situation) guests are allowed to cancel (even if the check-in date less than a week) and get a full refund on the commission fee provided they send us proper evidence.
5.4 Hosts may cancel the reservation one week prior to guest's check-in. Currently hosts do not pay any commission fee for bookings. However hosts are ONLY allowed to cancel a confirmed booking three (3) times in a year.
5.5 When a guest make a booking inquiry, hosts get a notification by inbox message and email. At this point hosts can either accept or deny the request based on availability and other factors.
5.6 When a host makes an offer to a potential guest arriving in their city, hosts can withdraw the offer prior to reservation. Guests will get the notification of the offer by messaging and/or email. Upon receiving the offer guests can either accept of deny the offer.
5.7 In case of any dispute that may arise after booking Nomadic Stay will do its best to help mediate between the host and the guest. But we cannot guarantee a positive outcome from this intermediation. We may consider refunding the commission fee based on the outcome of the investigation.
6.0 Member identity, profile and communication
6.1 Hosts are required to verify their identity before making their property listing public to all guests. They have to go through phone verification on our site. We encourage both hosts and guests to verify their profile using both phone and Facebook verification process. This can help improve their credibility within the platform. For Facebook verification we only collect the minimal amount of data which includes your email address and profile picture. Users are expected to complete their profile after successful registration by going to My Profile page. For phone verification a one time password is sent to user's phone for verification.
6.2 Members (both guests and hosts) create a profile within our platform. Some of this information will be available for all registered users on the site. However we do not expose any of their privacy details such as phone numbers of email addresses on this profile page.
6.3 Members (both guests and hosts) can communicate with each other (through our in-built messaging service) either during the booking inquiry or offer process. However we strongly recommend that you don't expose any personal information such as email address or phone number during the initial inquiry or offer stage. This is to protect your identity within our platform. Once the booking is confirmed you may wish to exchange your phone number and email address.
7.0 Payment Terms
7.1 Commission Fee
Our platform charges guests a commission fee to book a property. This commission fee is a fixed percentage fee on the total rent depending on the length of the rental period. The commission fee structure is outlined below.
|Stay Duration||Commission %|
|Upto Two Weeks||8%|
|Two Weeks to Six Months||6%|
|Six Months and above||4%|
7.2 How does the guest pay the host?
Currently our platform does not collect the rental payment for the accommodation from the guests. It is the responsibility of the guests to pay directly the hosts upon arrival on the first day of check-in date mentioned in the reservation confirmation. Guests will pay the rent in equivalent of local currency. The total rent the guest owe the host will be notified at the time of booking. It is shown in the booking confirmation email, View Bookings and Booking history screen. This value is assessed based on the exchange rate established on the day of booking.
Since Nomadic Stay does not collect the rental payment from the guests through our platform, the host is not eligible to claim the rental payment in any form of payment directly from Nomadic Stay. In case of dispute with payments we can only mediate between the guest and host. Nomadic stay should not be held liable for refunding the rental payment.
7.3 Refund processing
In accordance to the terms set forth in the cancellation policy (section 5.0) we refund the commission fee to guests if they are eligible to receive a refund. This refund will be processed through Stripe payments and deposited back into guest's account within 5-7 business days.
7.4 Credit card processing
We do not store any credit card information (card number, expiration date, address) in our database or anywhere on our site. We simply pass the card information to Stripe for processing and store a transaction token in our database. We use tokens to capture and process payments. However your browser may have the ability to store card information for future use on our website.
The User and the Company agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
9.0 No waiver
The failure of the Company to require or enforce strict performance by the User of any provision of these Terms or the Company’s failure to exercise any right under these Terms shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by the Om Galactic LLC Team shall be deemed a modification of these Terms nor be legally binding.
10.0 Updates and changes to the terms
The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time during the operation of the website platform by posting the amended Terms on the Website. Any User will be deemed to have accepted such changes by visiting/registering on the website. The relationship between the Company and the User is regulated by the version of the Terms in effect at the time of deciding on relevant right or obligation.
11.0 Cooperation with legal authorities
The Company will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions.
To the fullest extent permitted by applicable law, the Users will indemnify, defend and hold harmless the Company and Om Galactic LLC Team from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your use of the NomadicStay.com website; (ii) your responsibilities or obligations under these Terms; (iii) your violation of these Terms; or (iv) your violation of any rights of any other person or entity.
13.0 Force Majeure
The Company or the Om Galactic LLC Team shall not be held responsible for non-compliance with these Terms, if the non-compliance is caused by a Force Majeure event which separately of in combination with other similar risks is beyond the reasonable control of the Company.
14.0 Applicable law and disputes
All rights and obligations arising from use of the NomadicStay.com website are governed by the laws of the United States and by the laws of the State of Delaware.
The Company, any reader of this document and any person who intends to use the NomadicStay.com website shall make good faith efforts to amicably resolve any dispute, controversy or claim between them relating to Om Galactic LLC and their respective rights and obligations hereunder.
In case a settlement is not reached between the parties, the dispute shall be resolved in accordance with applicable legislation of the United States and the State of Delaware.
Currently, only English versions of any communications with the Company is considered official. The English version shall prevail in case of differences in translation.
17.0 Intellectual property rights
All material contained on NomadicStay.com, unless otherwise indicated, is protected by law including, but not limited to, the United States and the State of Delaware copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Om Galactic LLC does not grant any express or implied right to you.
18.0 Acceptable site use
Users are prohibited from violating or attempting to violate the security of NomadicStay.com, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to NomadicStay.com, overloading, 'flooding', 'spamming', 'mailbombing' or 'crashing', (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software or routine to interfere or attempt to interfere with the proper working of NomadicStay.com or any activity being conducted on this site.