The following terms and conditions (the “User Agreement”) govern all use of the www.terraveller.com website and Terraveller mobile website, app (the “Site”) and the products and services available at the Site (referred to collectively with the Site, as the “Service”).
The Service includes the booking and scheduling of various experiential accommodation, activities, experiences, and adventures and information relating thereto. The Service is provided by Terraveller (“Company” or “terraveller”). The Service is offered subject to acceptance by you (the “User” or “you”) without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Company. BY USING, ACCESSING OR AVAILING ANY PART OF THE SERVICE, OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICE YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN WHETHER OR NOT YOU HAVE REGISTERED WITH TERRAVELLER.; IF YOU DO NOT AGREE TO EACH AND EVERY TERM AS SET OUT IN THIS USER AGREEMENT, DO NOT USE OR ACCESS THE SERVICE. Company reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this User Agreement at any time. It is the User’s responsibility to check this User Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this User Agreement constitutes acceptance of those changes.
Certain services available at the Site may be subject to additional terms and conditions, which the User will be required to read and accept prior to availing of such service(s). To the extent such terms and conditions conflict with this User Agreement, such additional terms and conditions shall prevail.
Terraveller is the aggregator/facilitator of the Service that is offered and provided by independent activity providers, tour and transport operators, accommodation providers and other suppliers (each a “Merchant”) and connects the User to such Merchant through the Site. The Merchant may itself provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Merchant with whom the User elects to deal, including without limitation terms and conditions set forth in a Merchant’s fare rules, rules relating to any offers, safety guidelines and rules etc.
THE SERVICE COMPRISE AN ONLINE PLATFORM THROUGH WHICH MERCHANTS MAY CREATE LISTINGS FOR ACCOMMODATION, EXPERIENCES OR ACTIVITIES ON A STAND- ALONE BASIS OR AS A PACKAGE AND USERS (AS THE CUSTOMER) MAY LEARN ABOUT AND BOOK SUCH ACCOMMODATION, EXPERIENCES OR ACTIVITIES.
Terraveller’ responsibilities are limited to facilitating the availability of the Service and serving as the limited agent of each Merchant for the purpose of accepting payments from Users on behalf of the Merchant.
YOU UNDERSTAND AND AGREE THAT TERRAVELLER IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN THE MERCHANTS AND THE USERS, NOR IS TERRAVELLER AN AGENT OR INSURER. TERRAVELLER DOES NOT OWN, SELL, RESELL, FURNISH, PROVIDE OR MANAGE ANY ACCOMMODATION, EXPERIENCE OR ACTIVITY LISTED ON THE SITE OR HAVE ANY CONTROL OVER THE CONDUCT OF MERCHANTS AND USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. TERRAVELLER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS ON THE SITE AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATION, EXPERIENCE OR ACTIVITY LISTED ON THE SITE AND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE USER’S OWN RISK.
Subject to the terms and conditions of this User Agreement, Terraveller grants the User a limited, non-exclusive, non-transferable license to access and view any content on the Site and to avail the Service provided on the Site solely for User’s personal and non-commercial use. Company may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and Service or restrict User’s access to parts or all of the Service without notice or liability.
User certifies to Company that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This User Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. The Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content (as defined hereinafter), or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Company reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Company server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Company’s systems or networks, or any systems or networks connected to the Service or to Company.
User shall not use any device, software or routine to damage, interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
In connection with your use of the Service, User may not and agrees that User will not violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations.
User shall not use the Service or any Content for any commercial or other purpose that is not expressly permitted under this User Agreement or for any purpose unlawful or prohibited by this User Agreement. User shall not engage in any activities, including but not limited to posting, publishing or transmitting any text, graphics or material, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another’s privacy; (iv) are obscene, pornographic or offensive or otherwise deemed by Company, in its sole discretion, to be inappropriate for distribution; (v) promote bigotry, racism, hatred or harm against any individual or group; (vi) infringe another’s rights, including any intellectual property, privacy, publicity or contractual rights; (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (viii) use the Service for, as a part of, or in connection with any illegal purpose whatsoever.
User shall not use the Service to 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. Further, the User shall not use the Service in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to the Service; “stalk” or harass any other user of the Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as a terraveller User;
User shall not contact a Merchant directly for any purpose other than asking a question related to a booking or regarding such Merchant’s listings or contact another User for any purpose other than asking a question related to a booking or such User’s use of the Service.
User shall not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s listing);
User shall not use automated scripts to collect information or otherwise interact with the Service or use the Service to find a Merchant or another User and then complete a booking of an accommodation, experience or activity independent of the Service, whether or not you do so in order to circumvent the obligation to pay any fees related to Terraveller’s provision of the Service.
3. Booking with Terraveller.
Terraveller allows Users to book experiential accommodation, activities, adventures, and experiences (each an “Experience”) with independent activity providers, tour operators, boutique resorts, hotels, homestays and other suppliers (each a “Merchant”). Terraveller does not endorse any Merchant or Experience. When booking an Experience, User will have to provide certain identifying information (such as telephone number or email address among others) that will be used by the Merchant to confirm User’s identity prior to participation in the Experience. Once booked, Company will provide User with an e-mail confirmation. Other uses of User information may include, but are not limited to, responding to requests for certain services, customizing the content you see, promoting the Company offers & Experience and communicating with you about new services.
For security purposes, a Merchant may require that User present a valid Photo ID, such as a passport or driver’s license. This is for identification purposes and helps Company, and Merchants, prevent fraud.
THE MERCHANTS REFERENCED THROUGH TERRAVELLER ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF COMPANY. COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH MERCHANTS / SUPPLIERS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
4. Use of Terraveller by Merchants.
Merchants must enter into a “Merchant Agreement” with Company prior to establishing an account on Terraveller. The Merchant Agreement includes additional terms governing the relationship with Company and use of terraveller platform, including the economic terms of such Merchant’s relationship with Company. Merchant’s use of terraveller is subject to compliance with this User Agreement and the Merchant Agreement. To the extent that there is a conflict between this User Agreement and the Merchant Agreement, the Merchant Agreement shall govern vis-à-vis a Merchant.
5. Terms of sale and refund.
Products and services, available at the Site (including, but not limited to experiential accommodation, activity, experiences and event packages) are subject to the Company’s Terms of Sale and Refund.
6. Registration; Security.
As a condition to using certain products and services of the Service, User may be required to register with Company and select a password and User name (“Company User ID”). Instead of registering with the Site directly, Company may offer User an option to register (where registration is required) by logging into the User’s account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via the Site. The Company User ID and a Third Party Account through which the User registers and logs in to the Site shall be collectively referred to as the “Company Account”. As part of the functionality of the Service, User may be able to link Company Account with the Third Party Accounts, by either: (I) providing User’s Third Party Account login information to Company through the Service; or (II) allowing Company to access User’s Third Party Account, as is permitted under the applicable terms and conditions that govern User’s use of each Third Party Account. User represents that User is entitled to disclose User’s Third Party Account login information to Company and/or grant Company access to User’s Third Party Account (including for, but not limited to, use for the purposes described herein), without breach by User of any of the terms and conditions that govern User’s use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, User understand that Company may access, make available and store (if applicable) any content that User has provided to and stored in User’s Third Party Account (“SNS Content”) so that it is available on and through the Service via Company Account. User agrees that Company may request for User’s email address, access to photos; friends list to help verify User’s identity; share User’s updates and photos; and to be contacted by Company. Depending on the Third Party Accounts User chooses and subject to the privacy settings that User has set in such Third Party Accounts, personally identifiable information that User posts to User’s Third Party Accounts, may be available on and through Company Account on the Service. Please note that if a Third Party Account or associated service becomes unavailable or Company’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Service.
PLEASE NOTE THAT USER’S RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH USER’S THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY USER’S AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Company is not responsible for any SNS Content. Company will create User’s Company Account for your use of the Service based upon the personal information provided by the User to Company or that Company obtains via an SNS as described above.
User shall provide Company with and maintain accurate, complete, and updated registration information for obtaining a Company Account. Failure to do so shall constitute a breach of this User Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a Company Account a name of another person with the intent to impersonate that person; or (ii) use as a Company Account a name subject to any rights of a person other than User without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company Account in its discretion. User shall be responsible for maintaining the confidentiality and security of User’s Company password and other account information and agrees to take sole responsibility for any activities or actions under User’s username and password. Company shall not be responsible for any direct, indirect loss or inconvenience resulting from misuse of your Company Account or password. User shall immediately notify Company of any unauthorized use of User’s username or password. User shall ensure that the User logs off at the end of each session at the Site. Company shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this requirement. User grants Company the right to disclose to third parties the registration information provided for the sole purpose of carrying out the Service.
8. Special Offers/Referrals.
From time to time Company may offer Users special offers for referring other Users to the Site and Service, as described on the Site. In order to participate in such special offers, a referring User (Referrer) must log in to their account on the Site, and receive a custom link for the special offer. User may forward the custom link to any number of individuals who are not presently registered users of the Site (“Referee”). A registered User is someone who already has an existing account with the Company. There is no limit to the number of Referrals that Referrer can make, nor the cumulative credits that the Referrer may receive through such special offer, unless otherwise indicated on the Site. For each Referee that follows the custom link sent by the Referrer and registers on the Site for the Service, and then makes a qualifying purchase using that newly created account, the Company will automatically credit the Referrer’s account with the specific amount of that particular special offer. All Referees must be first-time recipients of the offer to join the Service, and multiple referrals to the same individual will be disregarded. Company reserves the right to not issue to Referrer or Referee and reserves the right to revoke from Referrer and Referee the special offer at Company’s discretion for any reason or for no reason whatsoever. Unless otherwise specified on the Site, all credits issued pursuant to such special offers, for both Referrer and Referee, shall automatically expire after 12 months if not used. In order to be eligible to receive special offers, Company may require Referrer or Referee to have a valid credit card on file in Referrer or Referee account. If Company determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Company reserves the right to (a) revoke any credits issued to either Referrer or Referee and/or (b) charge the Referrer’s or Referee’s credit card for any credits used by Referrer or Referee prior to such revocation and for any credits issued by Company to any ineligible Referrer or Referee. Company reserves the right to modify or terminate any special offers at any time. All special offers are subject to any other terms, conditions and restrictions set forth on the Site or presented in connection with the special offer.
9. Travel Considerations.
When User uses the Service to gather information or make bookings, please keep in mind that certain destinations and activities may involve greater risk than others, and that experiences and adventures are inherently unpredictable activities. Company urges User to review travel prohibitions, warnings, announcements and advisories issued by the Indian Government, other global governing bodies and other sources prior to booking travel. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be obtained from state and national government websites and other online and offline sources.
User is responsible for knowing and complying with all applicable passport, visa, and other travel documentation requirements, for obtaining proper and adequate insurance coverage, and for ensuring that User and/or User’s travel group (where group bookings are made) take appropriate health, safety, and security precautions prior to, during, and after your travel. While Company may, from time to time, provide information through the Service relevant to these topics or any other aspect of the travel experience, such information is for convenience only, and is not warranted to be current, complete, or accurate.
BY INFORMING USER OF OR FACILITATING ANY ARRANGEMENTS INVOLVING ANY PARTICULAR EXPERIENCE, COMPANY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO THOSE DESTINATIONS OR PARTICIPATION IN THAT EXPERIENCE IS ADVISABLE OR WITHOUT RISK. INFORMING USER OF SPECIFIC RISKS ASSOCIATED WITH PARTICULAR EXPERIENCES, DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THERE ARE NOT OTHER RISKS ASSOCIATED WITH THE SAID EXPERIENCES. USER ACKNOWLEDGES AND AGREES THAT USER IS NOT LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY PROPERTY DAMAGE, THEFT, PERSONAL INJURY, ILLNESS, OR DEATH) THAT MAY OCCUR DURING OR RESULT FROM ANY EXPERIENCE. USER WILL BE IN THE BEST POSITION TO EVALUATE CURRENT CONDITIONS AND DETERMINE THE RELATIVE SAFETY AND WISDOM OF USER’S ACTIONS WHILE PARTICIPATING IN AN EXPERIENCE AND USER MUST USE INDEPENDENT JUDGMENT AND CAUTION WHEN CHOOSING WHETHER TO PARTICIPATE IN PARTICULAR EXPERIENCES.
User is responsible for all of its activity in connection with the Service. User shall release, defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from User’s (i) use or misuse of the Service; (ii) access to any part of the Service or Content, (iii) violation of this User Agreement; (iv) your interaction with any User or Merchant (v) the use, condition or quality of an Experience 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 participating in or booking an Experience.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT HAVE ANY OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USERS OR MERCHANTS OR ANY OTHER PERSON PROVIDING EXPERIENCES OR AVAILING SERVICE ON THE SITE, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS. COMPANY MAKES NO WARRANTY THAT THE SERVICE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS RELATING TO EXPERIENCES OR ANY MERCHANT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS RELATING TO AN EXPERIENCE, MERCHANTS, THE SERVICE OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM terraveller OR THROUGH THE SITE, SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY MERCHANT OR USER. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE OR TO REVIEW, VISIT OR EVALUATE ANY MERCHANT OR EXPERIENCE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, USERS AND MERCHANTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TERRAVELLER OR TAKE PLACE DURING ANY EXPERIENCE BOOKED THROUGH TERRAVELLER. NOTWITHSTANDING COMPANY’S APPOINTMENT AS THE LIMITED AGENT OF THE MERCHANTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM USERS ON BEHALF OF THE MERCHANTS, COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
12. Limitation of liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICE AND CONTENT, YOUR BOOKING OF ANY EXPERIENCE VIA THE SERVICE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR WITH A MERCHANT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOSS OF PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES EVEN IF FORESEEABLE , (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) RS. 5,000/- (PROVIDED THAT, FOR USERS WHO HAVE MADE PURCHASES FROM COMPANY, SUCH MONETARY CAP WILL BE THE AMOUNTS PAID BY USER TO COMPANY FOR THE PURCHASE DIRECTLY CONNECTED WITH THE LIABILITY CLAIM). IN ADDITION, COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM USER’S INABILITY TO ACCESS OR OTHERWISE USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, DATE DATA PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Third party website and products.
The Site may permit User to receive services or goods from or link to other websites, service providers (including Merchants), or resources on the Internet, and other websites, service providers (including Merchants) may contain links to the Site. These other websites, service providers, and resources (collectively “Third Party Services”), are not under Company’s control in any way, and User acknowledges that Company is not responsible or liable for the content (including without limitation a link contained in such third party websites), functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. For the avoidance of doubt, User’s purchase or use of any Third Party Service’s (including any Merchant’s) goods or services shall be subject solely to that Third Party Service’s Terms of Service. The inclusion of any such link does not imply endorsement by Company of any such website or any association with the operators or owners of such third party websites including the legal heirs or assigns thereof. User further acknowledges and agrees that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such Third Party Services. User shall indemnify and hold Company harmless against any claims arising out of or relating to User’s use, purchase, or receipt of Third Party Services, User’s acts or omissions, or User’s breach of any terms or conditions applicable thereto. If User has a dispute with a Merchant, User releases Company from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Company may temporarily/indefinitely suspend or terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice (which may be via email) thereof to User and without any liability to Company whatsoever. Upon issuance of a termination notice from Company, User will no longer access (or attempt to access) the Service. Company may at any time in its sole discretion reinstate suspended users. Once the User have been indefinitely suspended, the User may not register or attempt to register with Company or use the Site in any manner whatsoever until such time that the User is reinstated by Company. Notwithstanding the foregoing, if the User breaches this User Agreement, the Terms of Sale and Refund or the documents it incorporates by reference, Company reserves the right to recover any amounts due and owing by the User to Company and/or the Merchant and to take strict legal action as Company deems necessary.
Should the User object to any terms and conditions of this User Agreement, any term in the Terms of Sale and Refund or becomes dissatisfied with the Service in any way, the User’s only recourse is to immediately: (a) discontinue use of the Site/Service; and (b) notify Company of such discontinuance. Upon termination of the Service and/or this User Agreement, User’s right to use the Site and Service shall immediately cease. The User shall have no right and Company shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Service is terminated, cancelled or suspended, any data that the User has stored on the Site may not be retrieved later. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
15. Export and trade controls.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all Indian, foreign and other applicable laws and regulations.
17. Intellectual property rights.
All trademarks, service marks, logos, trade names and any other proprietary designations of Terraveller used herein are trademarks or registered trademarks of Terraveller. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. All Content included on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by Indian and international copyright, trademark and other intellectual property rights laws. The compilation of all Content on the Site is the exclusive property of Company and protected by Indian and international copyright laws. You acknowledge and agree that the Service, Site and Content, including all associated intellectual property rights is the exclusive property of terraveller and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, Site or Content. All software used on (or provided through) the Site is the property of Company or its software suppliers and protected by Indian and international copyright laws.
Terraveller respects copyright law and expects its Users to do the same. It is Company’s policy to terminate in appropriate circumstances the accounts of Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, kindly contact us.
Company welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by emailing us at email@example.com. User acknowledges and agrees that all Feedback will be the sole and exclusive property of Company and User hereby irrevocably assigns to Company and agree to irrevocably assign to Company all of User’s right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Company’s request and expense, User will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
User understands and agrees that User is solely responsible for determining User’s applicable tax reporting requirements in consultation with User’s tax advisors. Company cannot and does not offer tax-related advice to any User. Additionally, please note that each Merchant is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes relating to Experiences offered by them and Company does not assume any liability or responsibility for errors or omissions relating thereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this User Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this User Agreement shall otherwise remain in full force and effect and enforceable. This User Agreement is not assignable, transferable or sub-licensable by User except with Company’s prior written consent. Company may transfer, assign or delegate this User Agreement and its rights and obligations without consent. This User Agreement shall be governed by and construed in accordance with the laws of the Govt. of India. Both parties agree that this User Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this User Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this User Agreement and User does not have any authority of any kind to bind Company in any respect whatsoever.
Terms of Sale and Refund
The Terms of Sale and Refund (these “Terms”) apply to purchases (“Vouchers”) for activities, adventures, experiential accommodation, activities and experiences (each an “Experience”)as well as to the booking and scheduling of various Experiences (“Terraveller Services”). THESE TERMS OF SALE AND REFUND ARE ALL TIMES TO BE READ IN CONJUNCTION WITH THE USER AGREEMENT OR THE TERMS AND CONDITIONS OF USE OF THE TERRAVELLER SERVICES AS SET OUT IN THE www.terraveller.com WEBSITE AND TERRAVELLER MOBILE WEBSITE APP (COLLECTIVELY THE “SITE”). KINDLY ENSURE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS SET OUT IN THE USER AGREEMENT PRIOR TO PURCHASING, BOOKING OR SCHEDULING AN EXPERIENCE IN ACCORDANCE WITH THESE TERMS. All capitalised terms used in these Terms, which are not defined herein, shall have the meanings assigned to them in the User Agreement.
Voucher Purchases – The Fine Print
Voucher purchases can only be made by users of the Terraveller Services (“User” or “you”) having a Terraveller account. You can create an account by either using Facebook, Google or by signing up for a Terraveller user account at www.terraveller.com while you are making your purchase. For details regarding creating an account, kindly refer to the User Agreement or the terms and conditions of use as set out in this Site.
Vouchers can be applied only to the specific Experience offered by terraveller’ merchant partners (“Merchant”). Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by the applicable Merchant. Vouchers have no cash value. If used for items of lesser value, cash will not be refunded by terraveller. Merchant refunds are at the applicable Merchant’s sole discretion.
If you redeem a Voucher for less than its face value, you will not be entitled to a credit, cash or a new Voucher equal to the difference between the face value and the amount you redeemed. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for a Voucher exceeds the amount you redeemed. Continuing redemptions are the responsibility of the applicable Merchant (not Terraveller).
Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by applicable Merchant.
Neither terraveller nor the Merchants are responsible for lost or stolen Vouchers or Voucher reference numbers.
Except as explicitly stated otherwise in the “Special Terms” section of a specific Experience, if you change your mind about your Experience purchase, just write to us at firstname.lastname@example.org to inform us of the Experience that you wish to cancel and regarding your reasons for cancellation.
Refunds for cancelled Experiences will be subject to the cancellation and refund policy of the relevant Merchant who is offering the Experience, as provided on the booking page of the said Experience. If no cancellation policy has been specifically prescribed for the said Experience on the booking page, then the reservation would fall under the Terraveller default cancellation policy as set out on “Cancellation and Refund policies” page.
You understand and acknowledge that certain Experiences may be weather-dependent. In the event of inclement weather, the Merchant has the discretion as to whether the weather conditions will prevent the Experience from taking place. If a Merchant needs to cancel a booking for reasons of inclement weather, Terraveller shall send an email informing you of the same at your registered email id with Terraveller. Subject to your consent and Merchant’s availability, you may choose to reschedule the booking for another date and the payment made by you will be set off against this. If you do not have an alternate date available, Terraveller will either choose to refund you the full amount within a reasonable time or give you credit for the said payment for future Experiences that you may book via Terraveller. If the Merchant cancels any confirmed Experience for any other reason, (i) Terraveller will refund any payment for such booking to you within a commercially reasonable time of the cancellation and (ii) the you may receive an email or other communication from Terraveller containing alternative listings and other related information. If you request a booking from one of the alternative Experience listings this will be treated like a new Experience booking. If a Merchant cancelled a confirmed booking and you, as a User, have not received an email or other communication from terraveller, please contact Terraveller at email@example.com
Merchant Out of Business
In addition, Terraveller will always honour your request for a refund in the unlikely event that a Merchant goes out of business before the Voucher expiration date.
No full or partial refunds are given to customers who fail to redeem a date-specific experience, experiential accommodation on the date(s) specified on the Voucher. If for some reason the Date- Specific experience is cancelled or rescheduled by Terraveller or the Merchant, Terraveller will send you an email notifying you of such cancelation or rescheduling. If the Date-Specific experience is rescheduled, the email to you will include the new date for the Date-Specific experience. If you cannot make the new date for the Date-Specific experience, you will be entitled to a refund of the amount paid upon request sans any applicable service charge. If, however, the Date-Specific experience is cancelled and will not be rescheduled, Terraveller will automatically refund you the amount paid.
Terraveller booking engine
With regard to the Terraveller booking engine, Company accepts payments through the payment methods detailed on the applicable payment screen. Charges occur at the time of purchase or shortly thereafter. Company does not accept payment forms other than those specified on the applicable payment screen. User agrees to pay for its purchases through Terraveller and agrees that Company may charge User’s selected payment instrument for any such payments. Company reserves the right to charge additional fees and service charges that may be charged to Users in connection with transactions on the Terraveller Services.
The Merchants, not Terraveller, are solely responsible for honouring any confirmed bookings and making available any Experience reserved through the Service. If you, as a User, choose to make the booking of an Experience, you agree and understand that you will be required to enter into an agreement (including releases) with the Merchant and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Merchant. If a booking has not yet been confirmed by a Merchant, the Merchant may change the price, details, add discounts, local payments and other services requested by you but the Merchant must notify you of this change (via Terraveller) and you must consent to this change before the Merchant can confirm your booking. You acknowledge and agree that you, and not Terraveller, will be responsible for performing the obligations of any such agreements, that terraveller is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Terraveller disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that terraveller is not a party to any agreements between you and the Merchant, terraveller acts as the Merchant ‘s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant.
User is responsible for paying any governmental taxes imposed on its use of the Service, including, but not limited to, sales, use or value-added taxes. To the extent Company is obligated to collect such taxes, the applicable tax will be added to User’s billing account.
USER AGREES TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO USER’S ACCOUNT IN WRITING TO COMPANY WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE. USER ALSO AGREES TO ATTEMPT IN GOOD FAITH TO RESOLVE ANY SUCH DISPUTE DIRECTLY WITH COMPANY PRIOR TO RESORTING TO ANY ALTERNATE REMEDY OR DISPUTE RESOLUTION MECHANISM, INCLUDING WITHOUT LIMITATION ISSUING A CHARGEBACK REQUEST TO USER’S PAYMENT PROVIDER.
By making a purchase through terraveller you agree to receive our terraveller newsletters, email (with special experience offers in your area) and special promotional offers. If you do not want to receive such emails, please let us know at firstname.lastname@example.org
These Terms of Sale and Refund are void to the extent prohibited by law. Terraveller reserves the right to change these terms from time to time and any such modifications will become effective once they are posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes to the terms.