Introduction, Parties and Definitions
This document sets out the Terms of Use (Part A), the Privacy Policy (Part B) and the General Provisions applicable to both (Part C) that govern your access to and use of the NIXOTEL platform and services.
Nixotel Software Private Limited, a company incorporated under the Companies Act, 2013 (CIN: U62091GA2023PTC015874), having its registered office in Goa and its corporate office at 511, Global Foyer, Golf Course Road, Sector 43, Gurugram, Haryana, India (“NIXOTEL”, “NIXI”, “we”, “us” or “our”), operates the website www.nixotel.in / www.nixotel.com and the related hotel-technology platform and services.
In this document:
- Platform — the NIXOTEL website, hotel-technology platform (including PMS, Channel Manager, Booking Engine, analytics and related tools) and all related services.
- you — the hotel client, website visitor or other person accessing or using the Platform.
- Data Principal — have the meanings given under the Digital Personal Data Protection Act, 2023.
Acceptance and eligibility
By accessing or using the Platform, you acknowledge that you have read and understood, and agree to be bound by, this document (comprising the Terms of Use and the Privacy Policy). If you do not agree, you must not access or use the Platform and should discontinue use immediately.
You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) and legally competent to enter into contracts under Indian law.
Territorial scope
The Services are intended for hotels located and operating in India. Our primary processing facilities are in India, and this document is governed by Indian law (Part C).
PART A — TERMS OF USE
A1. Account registration and security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify NIXOTEL immediately of any unauthorised use of your account or any other security breach.
A2. Services provided
NIXOTEL provides cloud-based software and technology solutions for the hospitality industry, including property management, booking engines, channel management, analytics and related tools. NIXOTEL may integrate with third-party services and is not responsible for the acts, omissions or performance of such third parties (see A7).
A3. Intellectual property
All content, software, trademarks and intellectual property on the Platform are owned by NIXOTEL or its licensors. You are granted a non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose, subject to these Terms. You will not copy, modify, distribute, sell or lease any part of the Platform or its software, nor reverse engineer or attempt to extract the source code.
A4. User content
You are solely responsible for any content you upload, post or transmit via the Platform, and you will not post content that is unlawful, defamatory, infringing, obscene or otherwise objectionable. By posting content, you grant NIXOTEL a worldwide, royalty-free, non-exclusive licence to use, reproduce, modify and display such content for the purpose of operating and improving the Platform. NIXOTEL reserves the right, but is not obliged, to remove content that violates these Terms or is otherwise objectionable.
A5. Subscription, fees and billing
Non-refundable fees: All subscription payments made under any promotional or standard offer are non-refundable and non-adjustable. Once onboarding has begun, subscription fees are non-refundable, and no credits, refunds or prorated billing will be provided for mid-term or mid-month cancellations.
Commencement of billing: The billing period begins on the date you receive a welcome communication confirming activation of the Services. Any delay in submitting required onboarding documentation or data beyond 7 days will result in the billing cycle commencing regardless.
Rate adjustments: Subscription rates are subject to change, in particular where additional rooms or units are added to an existing property; updated rates reflect the prevailing pricing at the time of such additions.
Hosting cost escalation: Pricing is inclusive of public-cloud hosting charges, which we pay to hosting providers in INR based on the prevailing USD exchange rate. In the event of a significant depreciation of the Indian Rupee against the US Dollar, the resulting increase in hosting costs may be reviewed.
Payment gateway charges: Commissions related to booking engines, quick-payment options and electronic collections are governed by applicable payment-gateway charges and platform fees, including charges for international cards, based on your contract with the payment processor. Onboarding with payment-gateway partners is subject to the availability of mandatory documentation and approval by the relevant financial institutions, and is separate from these subscription terms.
Late payment: Penal interest of 18% per annum applies to invoices unpaid beyond 7 days.
Taxes: You are responsible for all applicable taxes.
Acceptance: By proceeding with any subscription or payment, you acknowledge and agree to all terms in this document.
A6. Deactivation
Service deactivation requests must be sent from your official registered email ID to the designated support channels. You remain liable for all dues up to the point of deactivation. Where specific bundles are discontinued, revised pricing for the remaining bundles will apply at the then-current rate. Refunds on deactivation are governed by A5.
A7. Third-party integrations, services and links
Sync features with third-party platforms may be enabled, but registering and managing accounts with those third parties (for example, listing portals or ad platforms) is solely your responsibility; the absence of a required payment method (such as a credit card) on your end will not warrant a refund. The Platform may also contain links to third-party websites or services that NIXOTEL does not own or control. NIXOTEL assumes no responsibility for, and shall not be liable for, the content, privacy practices, goods or services of any third party, or any damage or loss caused by your use of or reliance on them.
A8. Limitation of liability
The Platform is provided “as is” and “as available” without warranties of any kind, express or implied. To the fullest extent permitted by law, NIXOTEL, its affiliates and licensors shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data, use or goodwill, arising from: (a) your use of or inability to use the Platform; (b) any unauthorised access to or use of our servers or the personal information stored therein; (c) any interruption or cessation of transmission to or from the Platform; (d) any bugs, viruses or malicious code transmitted through the Platform by a third party; or (e) any errors or omissions in any content. In no event shall NIXOTEL’s aggregate liability for all claims relating to the Services exceed the amount you paid to NIXOTEL in the twelve (12) months preceding the claim.
A9. Indemnification
You agree to indemnify, defend and hold harmless NIXOTEL, its affiliates, directors, officers, employees and agents from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees) arising from: your use of or access to the Platform; your violation of these Terms; your violation of any third-party right, including any intellectual-property or privacy right; or any claim that your content caused damage to a third party.
A10. Term and termination
NIXOTEL may suspend or terminate your access to the Platform if you breach these Terms. Upon termination, your right to use the Platform ceases immediately; accrued payment obligations and clauses intended to survive (including A8, A9 and Part C) continue in force.
A11. Data protection
Your personal data is handled in accordance with the Privacy Policy in Part B, which forms part of this document. For hotel-guest data processed through the Platform, NIXOTEL acts as a Data Processor under a data-processing agreement executed with the hotel client, who is the Data Fiduciary. NIXOTEL implements reasonable security measures but cannot guarantee absolute security of data.
PART B — PRIVACY POLICY
B1. Introduction and our role
This Privacy Policy explains how we collect, use, disclose and safeguard your information when you visit our website, use our hotel-technology platform, or interact with our Services. It applies where we act as a Data Controller / Data Fiduciary (determining the purposes and means of processing) for our website visitors and direct clients. For hotel-guest data processed through the Platform, we act as a Data Processor on behalf of the hotel client, who is the primary Data Controller / Data Fiduciary, under a data-processing agreement executed between NIXOTEL and the hotel client.
B2. Information we collect
Personal & account data (directly provided): name, email address, phone number, company name, job title, billing address and payment details provided during registration, demo requests or newsletter subscriptions. This data is protected in accordance with the Digital Personal Data Protection Act, 2023 and the rules made thereunder.
Customer relationship data: information relating to our business relationship, including communications between you (or your employer) and NIXOTEL.
Publication data: information you post for publication on our website or through our Services.
Hotel & guest data: when hotels use our platform (PMS, Channel Manager, Booking Engine), we process operational data including reservation details, guest names, contact details, stay preferences, room inventory and financial records, strictly as directed by the hotel.
Automatically collected usage data: IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and navigation paths.
B3. How we use your information
We process personal data on the basis of consent, performance of a contract, compliance with legal obligations, or our legitimate business interests, for the following purposes: service delivery (processing your data for the operations mandated by the hotel); communication (responding to enquiries, service updates and support); marketing (promotional materials and newsletters, subject to your consent); operations (billing, accounting, auditing and backups); and legal & risk (establishing or defending legal claims, complying with law, obtaining professional advice and managing risk).
B4. Cookies and tracking technologies
We use cookies to identify you, store your preferences and analyse traffic. These include strictly necessary cookies (essential for authentication, security and functionality) and functional cookies (remembering settings such as language and region). You can manage or block cookies through your browser settings (Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge); blocking all cookies may affect website usability.
B5. Data sharing and third parties
We may share data with: service providers (cloud hosting — AWS; payment processing — Razorpay; and email services); channel partners (OTAs and distribution channels, as directed by the hotel client); professional advisers (insurers, lawyers or auditors, for risk management and legal defence); and legal / regulatory authorities where required by law.
B6. Data security
We implement technical and organisational measures including: encryption of passwords using PBKDF2 hashing; secured AWS infrastructure; role-based access control and multi-factor authentication for staff; and automated backups and disaster-recovery procedures.
B7. Data retention
We retain personal information only as long as necessary: account and client data for the duration of your active relationship with us; transaction records for 7 years for financial and tax compliance; and, where no specific period is defined, based on the frequency of your interaction and communication with us.
B8. Your rights
Subject to applicable law, you have the right to: access and correction of your data; erasure of data that is no longer necessary; withdrawal of consent at any time (without affecting prior lawful processing); and grievance redressal, including nominating another person to exercise your rights in the event of death or incapacity. To exercise these rights, contact our Data Protection Officer (see Part C).
B9. International access and data transfers
Our primary processing facilities are in India, and the Services are intended for hotels operating in India. Where personal data is transferred outside India, we do so in compliance with applicable Indian law, including the Digital Personal Data Protection Act, 2023.
PART C — GENERAL PROVISIONS
C1. Governing law and jurisdiction
This document is governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles. The parties submit to the exclusive jurisdiction of the competent courts at [New Delhi / Panaji, Goa — to be confirmed], India.
C2. Modification of terms
NIXOTEL may modify or replace this document at its discretion. Where a revision is material, we will provide at least 15 days’ notice before the new terms take effect. By continuing to access or use the Platform after revisions become effective, you agree to be bound by the revised terms.
C3. Miscellaneous
Severability: if any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.
Entire agreement and waiver: this document constitutes the entire agreement between you and NIXOTEL regarding the Platform; no waiver of any term is a further or continuing waiver of that or any other term.
Force majeure: NIXOTEL is not liable for any failure to perform due to causes beyond its reasonable control, including natural disasters, war, strikes or internet outages.
No professional advice: information provided on the Platform is for general informational purposes only and does not constitute professional advice.
C4. Contact us and grievance redressal
For any questions regarding this document or your data, or to raise a grievance, please contact:
Grievance Officer: amlanghsose@nixotel.com
Data Protection Officer: darshan@nixotel.com
Legal enquiries: kohli@nixotel.com
General support: assist@nixotel.com
Address: 511, Global Foyer, Golf Course Road, Sector 43, Gurugram, Haryana, India