Term and Conditions
Welcome to www.wildvoyager.com (hereinafter referred to as the “Website”, “Site”, “We”, “Us”, “Our”), owned and operated by Wild Voyager Pvt. Ltd (hereinafter referred to as “the Company”) with its corporate office located FF49, Omaxe Square, Jasola District Centre, Mathura Road, New Delhi 110025. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
BY CLICKING ON THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, Users (hereinafter referred to as “You” or “Your”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU MAKE ANY SUBMISSION ON THE WEBSITE YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREUNDER.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
- 2. wildvoyager.com means the online platform and the services and products provided by it and its affiliates owned and operated by Wild Voyager Pvt. Ltdwhich provides a venue/ platform to the Users to browse through the website and enroll themselves for various excursions and tours listed on the website and thereafter travel with the team of the Company and other travelers to various destinations, subject to certain terms and conditions.
- 3. “User/You/Customer” means an individual who uses the website and avails the services or buys the products provided therein.
- 4. “Traveler” shall mean the individual who joins us on our trips.
- 5. “Service” means any online facility made available through website by the Company either now or in the future.
- 6. “Merchandise”/”Products” means the various products enlisted on the website for sale.
- 7. “Content” means text, graphics, images, music, software, audio, video, information or other materials.
- 8. “User Content” means all content that a user submits or transmits to us through email, feedback, comments, forms and messages on our website.
- 9. “Our website Content” shall mean all Content that our website makes available through the website or Services, including any Content licensed from a third party, but excluding user Content.
- 10. “Collective Content” means User Content and our website Content.
- 11. “SNS” means various social networking sites such as Facebook, Twitter, Instagram, YouTube, etc.
- 1. The official language of these terms shall be English.
- 2. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
- 1. You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
- 2. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our website reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
- 3. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
- 4. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
- 5. Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
- 1. Our website offers you with the following:
- 2. You can browse through our website and choose and book a fixed departure trip which you wish to undertake. Thereafter we shall help you in planning and managing the trip and you can join us and other travelers on that trip.
- 3. You can also send your queries to us which our team can answer and then formulate a customised tour proposal for you, and collect offline payment (Swift/NEFT/Bank transfer/Cheque) for the same.
- 4. You can make purchase of various products listed and displayed for sale on the website via online or offline payments.
- 5. In order to avail the services provided on the website the user will have to do the following:
- 6. Once the user has decided on the trip, then it will have to fill in a form and provide details therein such as e-mail address, Your Name and a message. You can even contact us on the number provided therein or e-mail us on the e-mail id provided on the website, to know more about all the details of that trip. Alternately, the user also has an option to “Proceed to Payment” button which shall direct it to Payment page (only for fixed departure trips). The user will have to fill in all the relevant details and make payment accordingly.
- 7. After the receipt of the payment we shall provide you with the confirmation and all other relevant details in regard to the trip.
- 8. For customised trip, the user has to send us the requirements via any contact form on our website or via phone or email. Once our operations team reviews the requirements, they shall make a proposal for the customer with definite deliverables and a definite price.The same is then communicated to the customer over email. If the customer agrees to the proposal then he abides by all terms and conditions mentioned on this page, and agrees to make payments to us as per the payment schedule and methods laid out in the proposal.
- 9. If the user wishes to make purchase of any product (photography merchandise) listed on our website, they will have to click on that product which shall direct the user to the page wherein all the details about the product will be listed. The user shall have two options of either buying the product or adding it to cart and continue with shopping. While placing order, the user will have to fill in the details such as its name, e-mail address, contact number, shipment address, etc. The user will have to provide us with details each time it places an order on our website.
- 10. Once the user is done with the shopping it will have to click on “Proceed to Payment” button and thereafter make payment for the merchandise accordingly.
- 1. The amount for various services (fixed departure tours) and products listed on the website is in Indian currency; however the user may choose to pay in equivalent in the currency of its own Nation.
We accept the following ONLINE modes of payment
- 1. Valid Credit/Debit cards
- 2. RTGS
- 3. NEFT
- 4. PayPal
- 5. Payumoney payment gateway
- 6. Razorpay payment gateway
- 2. Users expressly agree and acknowledge that our website may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our website.
- 3. Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our website may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our website assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
- 4. Users agree that they will hold our website harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
- 6. The Company reserves the right to offer the discounts/promotional offers to any customer of its own choice and shall not be held liable to any customer for not offering the same. The discounts/offers have been made available at the sole discretion of the Company and are subject to change / amendment / modification from time to time. The Company may at its sole discretion, at any time discontinue the discounts/offers without assigning any reasons or without any prior intimation whatsoever.
- 7. The participation in discounts/offers is entirely voluntary and it is understood, that the participation by the customer shall be deemed to have been made on a voluntary basis. All disputes are subject to the exclusive jurisdiction of the competent courts/tribunals of New Delhi.
- 8. We also provide option to pay via OFFLINE modes such as bank transfer, SWIFT payment, NEFT, RTGS, IMPS, Cheque payment, and cash deposit in bank.
6. FRAUDULENT/DECLINED TRANSACTIONS
- 1. Our website reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
- 2. We as Service Providers shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder.
- 3. On our website and even offline, we never ask for credit card details from any customer, and consequentially neither store the same. We shall at no point in time be liable for any fraudulent credit card transaction that happens on the customer’s credit card before, during or after their trip with us.
7. REFUND AND CANCELLATION POLICY FOR SERVICES
- 1. If the customer wishes to cancel its trip booking then he/she will have to notify us in writing.
- 2. The percentage of cancellation charges that shall be charged shall be mentioned in the proposal of the trip and the customer shall be bound by the enlisted “cancellation of the booking policy” of the Companywhich is mutually agreed in writing at the time of proposal.
- 3. All the refunds shall be made within fourteen (14) working days from the written receipt of the confirmation of the cancellation.
- 4. The refund for booking cancellation shall be made through the same mode through which the customer had made the payment for the booking.
5. In the following cases there will be no refunds made by the company
- 1. In case customer’s flight (whether booked by us or by the customer) is cancelled or rescheduled leading to changes in the agreed program, there will be no cancellation refunds made by the company. The company shall still offer to do the original arrangements in the original cost, any changes made for the reschedule shall be charged to the client.
- 2. If we are unable to conduct the trip due safety hazards arising out of any act of God, like Tsunami, Earthquake or Volcanic eruption etc, we shall not be liable for paying any cancellation costs to the customer.
- 3. If we are unable to conduct a trip due to safety hazards arising out of manmade reasons like sabotage, accidents, riots, shortage of supplies, equipment and materials, strikes and lockouts, civil unrest, curfew etc, we shall not be liable for paying any cancellation costs to the customer.
- 4. In case of a no show by the customer (customer does not turn up for the trip), we shall not be liable to pay any refunds.
- 5. In case the tripconsists of booking permits or accommodation from any forest department of India, and the forest department cancels the permit or accommodation at last minute (at its discretion and beyond our control), our liability will only be to refund the cost of that respective permit or accommodation. The associated costs which we have incurred like vehicle, other hotels etc will not be refunded. We can also offer to make alternate arrangements at differential of cost.
8. REFUND, REPLACEMENT AND CANCELLATION POLICY FOR PRODUCTS
- 1. All the product orders once placed are non-cancellable and non-refundable except under the circumstances below. We have an effective replacement policy which is as follows-
- 2. In case the product is torn or has any defect in stitching or manufacturing, we shall replace the product free of cost. We need to be notified in writing about any such defect within 14 days of receipt of the product. Intimation later than that shall not be considered.
- 3. However if the product is found torn or damaged by the customer, and if there are wear and tear marks due to usage of the products, then it will not be considered for replacement. We expect the unsealed and unused product to be returned to us for the purpose of replacement.
- 4. The users agree and understand that the said warranty is only for a period of one year which shall commence from the date of invoice that is the date on which the customer makes payment of the product. Any warranty claims made after the expiration of the period of one year, shall in no case be entertained by us.
- 5. The claims of replacement on paper and clothes merchandise shall be entertained only when the order of such merchandise is delivered in a defective state to the customer.
- 6. The customer shall be required to notify the Company about such defects within twenty-four (24) hours of the receipt of such order. If the customer fails to notify the Company about such defects within 24 hours of the receipt of defective products then any claims made thereafter shall not be entertained by us.
9. WARRANTIES BY THE USERS
Users warrant, agree and declare as follows:-
- 1. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website without prior intimation whatsoever.
- 2. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
- 3. You shall at all times ensure full compliance with various laws regarding your use of our services.
- 4. The Delivery of the products is carried out through our Partner Courier Services. you agree not to hold us liable for any delays in the delivery of your order. The Company shall not be responsible for such delays nor shall it entertain any of your claims in this regard.
10. WARRANTIES BY TRAVELERS ACCOMPANYING US ON OUR TOURS
Travelers warrant, agree and declare as follows:-
- 1. The Company uses it best efforts to provide for proper safety during tours but it shall not be liable for any deaths, injuries or accidents that happen with any of the travelers on our tours.
- 2. The Customer is fully responsible to take care of its belongings and the Company shall in no case be responsible for any theft of the personal belongings of the traveler.
- 3. The force majeure events are out of the control of any human being and in case any such Force Majeure event happens during the trip, the Company shall not be held liable and accountable for any damages that shall incur because of the happening of such Force majeure events.
- 4. If due to certain circumstances the trip cannot be conducted then the liability of the Company shall end with the refund of the advance payment taken by it for the trip. However refund terms under certain specific conditions have been mentioned in clause #7.5 of this document. If any of those conditions arise, then refund will be governed by the conditions set in clause #7.5 of this document.
- 5. The Company uses local resources for the facilities like cabs and hotels and any issue that arises between the client and the such facility owners shall dealt by the client itself. The Company shall not be responsible and accountable for the same.
- 6. The hotel and cab may be equivalent to the specifications provided by us in the details of the trip and there may be fair chances that these facilities may not be exactly similar to what we have quoted. However Company shall use all reasonable efforts to provide a comfortable stay and travel to the client.
- 7. Though the Company shall try its best but it does not guarantee any wildlife sightings and the client shall not hold the Company liable or accountable for the same, if there is no wildlife sighting.
- 8. The customer will always follow the instructions of the tour guide/manager given by it during the game drive. The Company shall not be held responsible and accountable for any violation of laws that the customer makes or for any personal injury that is suffers because of its lack of following the instructions given by the tour guide/manager.
- 9. The Company shall not be held liable and responsible if any traveler is unable to join us on the trip due to visa issues, airline delays, etc. The customer shall not be refunded with the booking amount in such cases.
- 10. You shall be solely responsible and liable for any illegal activity carried out by you during our tours such as harassing animals, getting down at undesignated areas in national park. You shall be solely responsible for any legal action taken against you in such regard.
- 11. We may use pictures and videos of participants and activities taken during the workshop and may display the same on our website to promote our services. you allow us to use your such pictures without any obligation to pay you any royalties for the same.
- 12. The Company uses local resources for the facilities like cabs and hotels and in case the customer faces any accident, illness, injury or eventual death during the trip while traveling, the company shall not be liable for that as we are booking agents for our vendors and not directly providing a service.
- 13. In case the trip is stalled, delayed or cancelled due to any customers facing political unrest, riots, mobs, acts of vandalism, sabotage, natural disasters, natural supplies, strikes, losing passport, dacoity, theft etc, then the company shall not be liable to make any refunds or compensation to the customer as these are situations beyond our control.
- 14. In case we find the customer misbehaving with any member of our staff or designated vendors, especially female members, we may discontinue the services at the very moment without making any refunds to the customer.
- 15. Any trip extras over contracted deliverables - like early check-ins, late check-outs at hotels, travelling extra time or distance by our booked cars, availing additional entries at attractions, ordering additional meals or drinks over what is contracted, personal expenses such as laundry – shall be charged over and above at trip costs as per actual expenses incurred.
- 16. Any documents mentioned by us during our tours, workshops or talks are reference materials and the same shall not be comprehended as comprehensive and authoritative work. The facts mentioned therein will be to the best of our knowledge but we shall not be held liable for any consequences whatsoever arising out of the interpretation, use or propagation of the said information.
11. MISUSE OF THE WEBSITE:
- 1. You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libellous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
- 2. You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
- 3. You 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 website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
- 4. You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
- 5. You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
- 6. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.
- 7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
- 8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- 12. It is possible that any of the user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
- 13. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All rights, titles, and interests in and to the website (excluding postings/content provided by the users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of India. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website.
13. INTELLECTUAL PROPERTY RIGHTS:
- 1. Our website, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of our website or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
- 2. The website names and logos and all related service and our slogans are the trademarks or service marks of our website. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
- 3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this website is the property of our website or its suppliers and protected by copyright laws of India. The Contents and software on this website may be used only as a referral resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of our company and is also protected by Copyright laws of India.
- 4. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- 5. If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice at firstname.lastname@example.org requesting that the material be removed, or access to it blocked, please provide us with the following information:
- 1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- 2. identification of the copyrighted work claimed to have been infringed;
- 3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- 4. Your contact information, including your address, telephone number and an email address;
- 5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 6. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
- 7. You should assume that everything that you see or read on this website is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our website or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our internet sites are subject to the trademark rights of our website, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our website which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this website is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
14. REVIEWS, FEEDBACK, SUBMISSIONS:
- 1. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on this website or otherwise disclosed, submitted or offered in connection with your use of this website(collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- 2. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
- 3. Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
- 1. Users agree to defend, indemnify and hold harmless our website, our employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- 1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- 2. Without limiting the foregoing, we may close, suspend or limit your access to our website:
- 3. if we determine that you have breached, or are acting in breach of, this User Agreement;
- 4. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- 5. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- 6. you do not respond to account verification requests;
- 7. to manage any risk of loss to us, a User, or any other person; or
8. For other similar reasons:-
- 1. If we terminate or suspend your access to our website due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by the website.
- 2. In the event that we terminate or suspend your access to our website, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
17. GOVERNING LAW:
- 1. This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its choice of law principles.
- 2. The parties consent to exclusive jurisdiction and venue in the courts sitting in New Delhi, India
18. RESOLUTION OF DISPUTES AND JURISDICTION:
- 1. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- 2. The venue for arbitration shall be New Delhi, India
- 3. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
- 1. The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
- 2. The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- 3. Your use of or your inability to use our Website, Services and tools;
- 4. Delays or disruptions in our Website, Services, or tools;
- 5. Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
- 6. Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
- 7. The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
- 8. A suspension or other action taken with respect to your account; and
- 9. To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
- 10. The Company uses it best efforts to provide for proper safety during tours but it shall not be liable for any deaths, injuries or accidents that happen with any of the travelers on our tours.
- 11. The Customer is fully responsible to take care of its belongings and the Company shall in no case be responsible for any theft of the personal belongings of the traveler.
- 12. The Company shall not be held responsible and accountable for any violation of laws that the customer makes or for any personal injury that is suffers because of its lack of following the instructions given by the tour guide/manager.
- 13. The Company shall not be held liable and responsible if any traveler is unable to join us on the trip due to visa issues, airline delays, etc. The customer shall not be refunded with the booking amount in such cases.
- 14. The Customer shall be solely responsible and liable for any illegal activity carried out by you during our tours such as harassing animals, getting down at undesignated areas. You shall be solely responsible for any legal action taken against you in such regard.
- 15. We may cancel the tour at any time without providing for any reasons and explanations and customer agrees that our liability shall be limited only to refund of advance payment for the trip booking taken by us from the customer.
- 16. We may use pictures and videos of participants and activities taken during the workshop and may display the same on our website to promote our services.
- 17. Any documents mentioned by us during our tours, workshops or talks are reference materials and the same shall not be comprehended as comprehensive and authoritative work. The facts mentioned therein will be to the best of our knowledge but we shall not be held liable for any consequences whatsoever arising out of the interpretation, use or propagation of the said information
1. We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at email@example.com upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the website, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
22. EXPRESS RELEASE:
1. You expressly agree to release us [including our directors, agents, officers, employees, affiliates and subsidiaries] 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 your disputes amongst users or third parties through or on our website.
23. USER AGREEMENT AS DEFENCE:
1. The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
1. Any notices must be given by postal mail to us; Attn: Legal Department Wild Voyager Pvt Ltd FF49, Omaxe Square, Jasola District Centre, Mathura Road, New Delhi 110025 In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
25. OUR SERVICE AND GUARANTEES:
1. Our website reserves the right to modify or terminate the website’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our website does not guarantee continuous, uninterrupted access to the website, and operation of the website may be interfered with by numerous factors outside our control.
26. LINKS TO OTHER WEBSITES:
27. NO WAIVER IMPLIED:
1. The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
1. Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Terms.
1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
30. FORCE MAJEURE:
- 1. We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- 2. Acts of god;
- 3. Natural disasters;
- 4. Sabotage;
- 5. Accident;
- 6. Riot;
- 7. Shortage of supplies, equipment, and materials;
- 8. Strikes and lockouts;
- 9. Civil unrest;
- 10. Computer hacking; or
- 11. Malicious damage.
31. DIGITAL SIGNATURE:
- 1. By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
- 2. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
- 3. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our website. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
- 4. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at firstname.lastname@example.org.
- 1. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our website. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our website. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this website.
- 1. Our website’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at email@example.com or by clicking the unsubscribe link in our emails sent to you.
- 2. You consent to receive notices and information from us in respect of the website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
34. ENTIRE AGREEMENT:
1. The Agreement, in connection with the other obligations and rules detailed in writing on the website, constitute the entire agreement between you and the website and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the website. Nothing in this subsection will prevent the website from modifying the terms of these Terms and Conditions and posting such other modified terms and conditions.
35. CONTACT US:
- 1. For any further clarification of out Terms and Conditions, please write to us at firstname.lastname@example.org
- 2. Our Corporate Address is FF49, Omaxe Square, Jasola District Centre, Mathura Road, New Delhi 110025