Terms And Conditions

1.1. In this Agreement, the following terms have the meanings this Clause 1.1 ascribes to:

• "Applicable Law" means all laws, statutes, regulations, rules, ordinances, decrees, judgments, orders, notifications, or other requirements of any governmental, regulatory, or judicial authority that are in force in India and applicable to the use of the Platform, the parties, or any transactions or conduct arising under these Terms.
• "Affiliate" means, with respect to any person or entity, any other person or entity that directly or indirectly controls, is controlled by, or is under common control with such person or entity.
• "Content" means all text, images, video, reviews, and other materials posted or shared on the Platform by the User.
• "Confidential Information" means any information disclosed in connection with the use of the Platform that is reasonably understood to be confidential in nature. This includes, without limitation, information relating to a user's personal details, travel preferences, planned itineraries, location data, and any other information considered proprietary by the disclosing party.
• "Intellectual Property"/ "IP" means all current and future intellectual property rights, whether registered or unregistered, including but not limited to copyrights, trademarks, logos, trade names, trade secrets, patents, software, source code, design rights, databases, algorithms, content, goodwill and all other proprietary rights, inventions, and materials related to or arising from the Platform.
• "Local" means any user who offers travel advice, local knowledge, personalised guidance, itinerary support, and engages with Travellers.
• "Personal Data" will carry the same meaning as the Digital Personal Data Protection Act, 2023 (DPDP Act), which currently states that it means any data about an individual who is identifiable by or in relation to such data. WindowSeat has the discretion to further define this in its Privacy Policy, as amended from time to time. In case of any contradiction between the definitions as stated in these Terms or the Privacy Policy, the Privacy Policy shall be applied.
• "Sensitive Personal Data or Information or SPDI" will carry the same meaning as the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, which states that Sensitive Personal Data or Information of a person means such personal information relating to passwords, financial information such as bank account or credit/debit card or other payment instrument details, physical, physiological, or mental health condition, sexual orientation, medical records and history, biometric information, or any information relating to the foregoing provided to any Company or its authorised third-party vendors for the purpose of providing services, or otherwise received, processed, or stored under a lawful contract. For the avoidance of doubt, any information that is freely available in the public domain, or furnished under the Right to Information Act, 2005, or any other applicable law, shall not constitute Sensitive Personal Data or Information. This definition will stand modified automatically upon amendments in the law, if any.
• "Traveller" means any individual who accesses or uses the Platform to seek information, recommendations, travel planning support, or local experiences from registered Locals.

1.2. In these Terms, unless the context otherwise requires:

1. any clause, schedule or other headings in these Terms is included for convenience only and shall have no effect on the interpretation of these Terms;
2. a reference to a 'party' includes that party's personal representatives, successors and permitted assigns;
3. words in the singular include the plural and vice versa;
4. any words that follow 'include', 'includes', 'including', 'in particular' or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

2.1. The services offered by WindowSeat include, but are not limited to ("Services"):

1. Facilitating communication between Travellers and Locals;
2. Facilitating bookings for experiences through Locals or third-parties;
3. Enabling Travellers to ask questions and receive guidance from Locals regarding travel destinations, cultural experiences, food, logistics, itinerary support and other such activities;
4. Allowing Travellers to voluntarily tip Locals as a token of appreciation for the guidance or recommendations received through the Platform. Tips are optional and do not constitute payment for services;

2.2. These Services are provided by us through our website, mobile apps, and other related means, which are all collectively referred to as the "Platform".

2.3. It is understood by all parties that the Platform is merely an intermediary and is intended to allow Travellers and Locals to communicate, share information and allow Travellers to plan their travels with the assistance of the Locals. WindowSeat does not participate in the communications or arrangements between Locals and Travellers, and bears no responsibility for any such communications or exchanges. WindowSeat does not provide or operate any tour services, make travel bookings directly, provide transportation or accommodation, or book any other services directly. WindowSeat is not responsible for the views or tips or suggestions of the Locals, and they should be accepted by the Travellers at their discretion. WindowSeat does not directly collect, retain, or process any SPDI of Travellers or Locals.

2.4. It is further clarified that Locals are independent and interact with all Users in their individual capacity. Locals are not engaged by WindowSeat, nor are they the employees, agents, or representatives of WindowSeat.

4.1. To the maximum extent permissible by law, Travellers and Locals are responsible and liable for their own acts and omissions. The Platform is merely an intermediary, and does not verify/ recommend the content posted by the Locals, which responsibility is on the Locals only. WindowSeat does not have access to, nor does it supervise, the private communications or data exchanged between Locals and Travellers.

4.2. Travellers and Locals undertake to act with integrity, treat others with respect and comply with applicable laws at all times. WindowSeat is not involved in, and shall not be liable for, any arrangements, understandings, or disputes arising directly between Travellers and Locals. WindowSeat is not responsible for the acts and omissions of anyone with whom Travellers have contracted through the Platform for any Services.

4.3. Travellers acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the risk arising out of your access to and use of the Platform and the Services being undertaken by the Traveller including participation in any Service or tailored experience as given by the Local, or any other interaction you have with other Users. This means it is the Traveller's responsibility to do their own due diligence on any Local to determine whether it is suitable for the Traveller.

4.4. The Traveller acknowledges that in case a Local endorses any product or service, such an endorsement is the genuine and reasonable current opinion of the Local. Notwithstanding the above, the Traveller shall reasonably expect the existence of a connection (including without limitation, connection made as a result of payment of commissions or any other form of remuneration) between the Local and the party whose product or service is being endorsed. The Traveller also agrees that the existence of such a connection shall not, in any way, materially affect the value or credibility of the endorsement for them. The Traveller undertakes to exercise their discretion and follow the recommendations of the Local.

4.5. WindowSeat is not responsible for the views/ tips/ suggestions of the Locals, and they should be accepted by the Travellers at their discretion.

5.1. To register as a Local and access the features of the Platform available to Locals, you must create an account and submit a Local profile for approval. Registration is only permitted for natural persons who are 18 years of age or older and who are legally capable of entering into binding contracts under applicable law.

5.2. By registering as a Local, you represent and warrant that the information you provide during registration is accurate, current, and complete, and you will keep it up-to-date at all times.

5.3. Locals are solely responsible for maintaining the confidentiality of their account credentials and must not share them with any third party. Locals must promptly notify WindowSeat if they suspect that their account has been accessed without their authorization or if their credentials have been lost or stolen. Locals will be held responsible for any activity conducted through their profile unless it is proven to have occurred without their knowledge and despite their reasonable precautions.

6.1. Locals may be subject to identity verification and other screening processes by WindowSeat, including submission of identification documents or other information as required. However:

1. WindowSeat does not guarantee the authenticity or skill level of any Local; and
2. Users are encouraged to review ratings, profiles, and exercise their own personal judgment when selecting a Local to receive recommendations from;
3. The views/ suggestions/ recommendations of the Locals are theirs only and WindowSeat takes no responsibility for the same.

6.2. WindowSeat reserves the right to approve or reject any Local profile at its sole discretion, with or without assigning reasons. Submission of verification documents or registration as a Local does not guarantee acceptance onto the Platform.

6.3. WindowSeat also reserves the right to remove or deactivate a Local profile as per the provisions contained in the Termination clause or for any reason deemed necessary in the interest of the Platform.

7.1. In addition to the representations and warranties provided, Locals are expected to act in good faith and contribute meaningfully to the WindowSeat community. By registering as a Local, you agree to:

1. Provide and share travel recommendations that are accurate, helpful, and based on personal experience or reasonable knowledge. Locals should avoid making exaggerated, misleading, or unsafe suggestions;
2. Exercise basic due diligence before suggesting locations, such as confirming the safety, appropriateness, and general accessibility of the place;
3. All communication with Travellers must occur through the WindowSeat platform. Sharing personal contact information or coordinating meet-ups outside the Platform or asking for Traveller's contact details is strictly prohibited and may result in removal from the Platform;
4. Refrain from making suggestions that could jeopardize a Traveller's health, safety, or well-being. This includes avoiding recommendations involving risky behaviour, unauthorized areas, or sensitive cultural/heritage places;
5. Keep your recommendations updated and to withdraw or edit content that is no longer accurate;

7.2. Locals are prohibited from recommending or promoting any business, service, or venue with which they have a financial interest, commercial arrangement, commission-based relationship, or any form of incentive or tie-up, without first declaring it in writing (by email) to WindowSeat. All suggestions and recommendations provided through the Platform to the Traveller must be impartial, based on your personal experiences and in the genuine interest of the Traveller.

7.3. Locals shall not undertake in any fraud, illegal or criminal activity. Locals shall use their best endeavours to share only those tips and suggestions, that are verified by them. If anything misleading or fraudulent is shared by the Locals with the Travellers, then without prejudice to any rights the Travellers may have under applicable law, WindowSeat reserves the right to take action against such Locals, including terminating access to the Platform.

8.1. Travellers may, at their discretion, offer voluntary tips to Locals in appreciation of their time, effort, or guidance shared through the Platform. These tips are not mandatory and do not represent or create any employment, agency, or service arrangement between the Traveller, the Local, or WindowSeat, even though a part of the tips will be paid to WindowSeat as facilitation fees.

8.2. Payment Handling and Dispute Resolution:

1. When you tip a Local for the recommendations provided by them on the Platform, you may be asked to provide your name, contact information, and payment account details. You will be redirected to the authorized third-party payment gateway Stripe to complete the payment.
2. Users must comply with the terms, privacy policies, and dispute resolution processes of the third-party payment gateway, including Stripe (https://stripe.com/privacy), which govern all payments, refunds, and dispute resolution.
3. Such payment gateways may collect your information, including name, address, phone number, email address, and credit/debit card, net banking, or digital wallet information. All payments and payment information are processed and stored directly by the payment gateway. Please note that no payment information is passed through or retained by WindowSeat.
4. Users acknowledge and agree that WindowSeat does not hold, process, or refund any payments, and cannot be directly approached to recover money related to any transaction or tip. All financial liability rests with the payment gateway and the user.
5. WindowSeat shall not be liable for any loss, delay, or error arising from payment processing by the payment gateway.

8.3. All tips must be made through the Platform. No refund will be payable in any circumstance. Any arrangement to send payments or tips outside the Platform is strictly prohibited and may result in removal from the Platform.

8.4. WindowSeat is not responsible for the amount, nature, or outcome of any tip offered or received. WindowSeat does not guarantee any outcomes based on tipping and is not responsible for the conduct, performance, or quality of advice given by Locals.

8.5. Users are solely responsible for declaring and paying any applicable taxes on tips received or paid through the Platform.

11.1. WindowSeat does not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User (Local or Traveller), recommendation, tips or third party. To the maximum extent permitted by law, we do not warrant the performance or non-interruption of the Platform and we do not warrant that verification, identity or background checks conducted on Locals will identify past misconduct or prevent future misconduct. Any references to a Local being "verified" (or similar language) indicate only that the Local has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Platform. WindowSeat may, temporarily and under consideration of the Members' legitimate interests (e.g. by providing prior notice), restrict the availability of the Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform.

11.2. WindowSeat disclaims any and all warranties, representations and conditions, whether express, implied or statutory regarding the Services to the full extent permitted by law. Without limiting the generality of the foregoing, the Services are provided "as-is" and without warranties of any kind, including, without limitation, any warranties of performance or implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Further, WindowSeat does not make, and has not made, any representation or warranty that the Services are accurate, complete, reliable, current, error-free, or virus-free or that the operation of the Services will be uninterrupted.

11.3. Tipping is entirely voluntary and does not constitute a fee for professional services. WindowSeat does not guarantee any outcomes based on tipping, and is not responsible for the conduct, performance, or quality of advice given by Locals. WindowSeat does not monitor or validate the value, purpose, or destination of any tip made through the Platform. Users are solely responsible for ensuring that any tipping activity complies with applicable laws.

11.4. To the fullest extent permitted by applicable law, in no event will WindowSeat, its partners, service providers, affiliates or any of their respective directors, officers, employees or agents be liable to the other party for any special, incidental, indirect, punitive, exemplary or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with these Terms, regardless of whether either party has been apprised of the possibility or likelihood of such damages occurring, or whether claims are based or remedies are sought in contract or tort otherwise.

12.1. Users of the Platform may, in the course of using the Platform, gain access to or share certain confidential or sensitive information with WindowSeat or with other Users. All Users agree to treat such information with strict confidentiality.

12.2. Confidential Information disclosed for the Services under these Terms shall only be used by the receiving Party for the or the performance of their obligations. The receiving Party agrees not to use the disclosing Party's Confidential Information for its own benefit or for the benefit of any third party.

12.3. Parties shall exercise the same degree of care to avoid the publication or dissemination of the Confidential Information as it affords to its own Confidential Information of a similar nature which it desires not to be published or disseminated, which in any event shall not be less than reasonable care.

12.4. Notwithstanding the foregoing, neither Party shall be obliged to protect Confidential Information of the other party which:

1. is rightfully received by the receiving Party from another party without confidential obligation to such party, or
2. is known to or developed by the receiving Party independently without use of the Confidential Information, or
3. is, or becomes generally known to the public by other than a breach of duty hereunder by the receiving Party;

12.5. The receiving Party may disclose Confidential Information that is required to be disclosed pursuant to a requirement of a government agency or law so long as the receiving party provides prompt notice to the disclosing party of such requirement prior to disclosure (where permitted under applicable law).

13.1. All rights, title, and interest in and to the Platform, including its software, design, branding, features, content created by or for WindowSeat, and all related intellectual property, are and shall remain the exclusive property of WindowSeat and its affiliates. No user acquires any ownership rights by using or accessing the Platform.

13.2. WindowSeat grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for personal, non-commercial purposes, in accordance with these Terms.

13.3. Users grant WindowSeat a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, and reproduce the content for purposes related to the operation, improvement, and promotion of the Platform. This license does not allow WindowSeat to sell or commercially exploit the content independent of the Platform without seeking consent.

13.4. Users must not copy, modify, distribute, reverse engineer, decompile, or attempt to extract source code from the Platform or use any of WindowSeat's intellectual property except as expressly permitted under these Terms.

14.1. The Parties consider that data sharing is necessary in order to fulfil the provision of the Services, under the Terms.

14.2. The Parties agrees that it shall at all times during the use of the Platform and the Services, comply with the applicable jurisdiction's Data Protection Legislation.

14.3. WindowSeat will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Personal Data of Users as described in our Privacy Policy which can be found at https://windowseat.co/privacy-policy.

15.1. If the User submits or posts any content on the WindowSeat platform, you grant WindowSeat a non-exclusive, worldwide, royalty-free and transferable license to use, reproduce, display, modify, adapt, publish, distribute, and otherwise make the content available solely for non-commercial purposes related to the operation, improvement, and promotion of the Platform. It is clarified that You will retain full ownership of any content so submitted or posted.

15.2. However, WindowSeat has the right to moderate, remove, or restrict content that violates the Platform Terms or any applicable laws or in the best interest of the Platform or other Users.

16.1. WindowSeat may, in the course of providing the services, utilise Artificial Intelligence ("AI") systems on the Platform, which operate on a prompt-based model to support the generation of recommendations, develop user prediction features for easier use, and enhance overall user experience. For this purpose, Locals and Travellers consent to the use of their chats and communications, which shall be anonymised by WindowSeat prior to processing. At no stage shall any Personal Data be used, shared, or relied upon for the training, prediction, or operation of such AI systems. Any recommendations or predictive features are intended solely to assist users and shall not be construed as assurances, guarantees, or professional advice.

16.2. WindowSeat may, from time to time, collate and anonymise such data into repositories for the purpose of enhancing the operation of the Platform, including the refinement of recommendation tools and predictive features. Such repositories may, at WindowSeat's discretion, also be used for future business purposes in the interest of the Platform, provided that the data is intended to remain anonymised and not directly attributable to any individual. In the event that any Personal Data or PII is inadvertently captured, WindowSeat may take such steps as it deems appropriate and reasonable in the circumstances, having regard to applicable law and the interests of the Platform and its users.

16.3. Data that may be utilised for the training, improvement, or predictive functioning of AI systems and may be retained for such period as WindowSeat considers appropriate for the purposes for which it was originally processed. In certain circumstances, such data may also be retained for longer durations, including for compliance with legal requirements, to address potential misuse, or in connection with legal claims or proceedings.

16.4. The AI Policy is intended to remain adaptive to future technological changes. WindowSeat reserves the right to amend, expand or refine its approach towards recommendations and predictive features in line with evolving business needs, applicable laws, and industry practices. Any material changes to the AI Policy shall be notified to Users through updates on the Platform or by updation of these Terms or through other reasonable means, and continued use of the Platform after such notification shall constitute acceptance of the revised Policy.

16.5. All AI-based features, recommendations, or outputs provided on the Platform are intended solely to assist users and shall not constitute professional, verified, or guaranteed advice. WindowSeat shall not be liable for any reliance placed on such AI-generated suggestions or outcomes.

17.1. WindowSeat acts solely as a facilitator of communication between Locals and Travellers and operates only in the capacity of an intermediary as recognised under Applicable Law. WindowSeat does not originate, control, or in any manner participate in the communications or data exchanged between Locals and Travellers and is not privy to, nor responsible for, any such exchanges.

17.2. Any information, content, or data shared between a Local and a Traveller is the sole responsibility of the User from whom such information originates. WindowSeat does not undertake to verify or guarantee the accuracy, completeness, or reliability of such information and shall not be deemed to have endorsed or adopted it.

17.3. WindowSeat may, at its discretion or upon receiving a report, review, restrict, or remove content on its Platform in accordance with these Terms or Applicable Law. Any such action shall not be interpreted as WindowSeat assuming responsibility for or control over communications or data exchanged between Users.

20.1. The agreement between you and WindowSeat reflected by these Terms is effective when you access the Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

20.2. You may terminate this agreement for any reason and at any time by sending us an email or by deleting your account. WindowSeat may terminate this agreement, stop providing access to the Platform, deactivate your account, remove your Local profile, or any combination thereof, for any reason (including if your account has been inactive for more than two years) by providing you 30 days' notice via email or using any other contact information you have provided for your account.

20.3. WindowSeat may terminate this agreement, stop providing access to the Platform, deactivate your account, remove your Local profile, or any combination thereof, immediately and without prior notice if (i) you materially breach these Terms or any other Policies (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety of its Users, or third parties (for example in the case of fraudulent behaviour of a User).

20.4. WindowSeat shall retain your anonymised or aggregated data, including but not limited to chat transcripts, comments, feedback, and recommendations, for AI training, platform improvement, advertising campaigns, market analysis and the like. Such data shall not identify you and would remain WindowSeat's property even after account deletion or termination.