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The website https://www.wildvoyager.com is fully owned and operated by
Wild Voyager Pvt Ltd
F93, First Floor, Okhla Phase 3,
New Delhi 110025, India
The same website is used by our following subsidiaries
Wild Voyager LLC in United States
Wild Voyager Ltd in Kenya
Collectively, we are referring all these three companies as the brand name “Wild Voyager” in the rest of this document. However all legal interactions and notices with regards to website https://www.wildvoyager.com/ or the brand "Wild Voyager" are to be with Wild Voyager Pvt Ltd, India, which is the sole owner of this website. The word “Company” or “Our” or “Us” or “Wild Voyager” in this agreement collectively refers to all these four entities. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
BY BOOKING ANY TOUR WITH US OR BUYING ANY PRODUCT FROM US, 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.
Our website is an online platform that manages and plans various excursions such as Photography Tours, Customised Tours, Group Tours and also provides for an online platform for the sale of various products. Please read carefully these Terms and our Privacy Policy, which may be found at wildvoyager.com/privacy-policy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties. This website reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the “Terms of Use” link that appears at the bottom of the Website. Any contract you enter with any of the "Wild Voyager" companies in any country, shall be deemed to be a contract with the parent company, Wild Voyager Pvt Ltd (India), and any such contracts shall be subject to exclusive jurisdiction of the courts of New Delhi in India.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
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.
1. Definitions
1. “Agreement” means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the website and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
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. Ltd (India) which provides a venue/platform to the Users to browse through the website and enrol themselves for various excursions and tours listed on the website and thereafter travel with the team of the Company and other travellers to various destinations, subject to certain terms and conditions.
3. “User/You/Customer/Client/Guest” means an individual who uses the website and avails the services or buys the products provided therein.
4. “Traveler” or “Guest” shall mean the individual who joins us on our trips.
5. “Service” means any online facility made available through the 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.
2. Interpretation
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.
3. Eligibility
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 violates this Agreement. Our website reserves the right to terminate your membership and refuse access if we discover that you are under 18 years of age. The Service is not available to any Users previously removed from the Service unless we provide 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 the website, directly or indirectly. Any such unauthorized use is strictly forbidden and constitutes a violation of applicable state and local laws.
5. Our website may, at its sole discretion, refuse to offer access to or use of the website to any person or entity and may change its eligibility criteria at any time.
4a. Services
1. Our website offers you the following:
2. You can browse through our website and choose and book a fixed departure trip that you wish to undertake, or you can request a customised trip for yourself and your group. Thereafter, we shall assist you in planning, booking, and organising the trip, which you can undertake after making the due payments. Payments can be made via online credit/debit card, internet banking, or offline payment methods (Swift/Wire Transfer/NEFT/IMPS/RTGS/Bank transfer/Cheque deposit). Payments may be collected by any of the four Wild Voyager companies listed above based on mutual agreement at the time of booking.
3. You can send your queries to us, which our team shall respond to, and then formulate a tour proposal for you.
4. You can also purchase various products listed on the website using online or offline payment modes such as online credit/debit card, internet banking, or offline payments (Swift/Wire Transfer/NEFT/IMPS/RTGS/Bank transfer/Cheque deposit). Payments may be collected by any of the four Wild Voyager companies listed above based on mutual agreement at the time of product purchase.
5. In order to avail the services provided on the website, the user must complete the following steps:
6. Once the user decides on a trip, they must fill out a form on our website providing details such as email address, name, phone number, and message. Users may also contact us via phone or email to obtain details. For fixed departure trips, users may click the “Proceed to Payment” button which redirects to the payment page. The user must fill in the required details and proceed with payment.
7. After receipt of payment, we shall provide confirmation and all relevant details regarding the trip.
8. For customised trips, the user must send their requirements through any contact form on our website or via phone or email. After reviewing the requirements, our team will create a proposal with definite deliverables, pricing, cancellation policy, and payment terms. Once the customer agrees to the proposal, they agree to all the terms and conditions listed on this page and must make payments as per the proposal.
9. Supplier defaults – We shall not be liable if any vendor or supplier defaults or goes bankrupt between the time of booking and the actual tour dates. We make best efforts to scrutinise vendors, but they are independent companies whose finances are beyond our control. Once tour-related payments are made on your behalf, recovering such funds is beyond our control if the supplier defaults. In such cases, the loss shall be borne by the customer. To avoid this, we strongly recommend purchasing supplier default insurance.
10. Supplier quality – If the client is dissatisfied with any supplier such as car provider, guide, hotel, or flight, we will make best efforts to address the issue with the supplier. However, our liability is limited to making such efforts; we cannot be held responsible for refunds or compensation as long as broad deliverables are provided. Compensation claims must be made directly with suppliers, though we can help coordinate. Examples where we are not liable for compensation include foul smell in hotel, delayed/cancelled flights, unclean cars, car accidents, or dissatisfaction with guide. However, compensation will be provided if basic deliverables fall short, such as: fewer hotel nights booked than agreed, wrong language guide supplied, wrong flight time/date/class booked, or booking a lower-category hotel than promised.
11. We may provide travel insurance or supplier default insurance as a complimentary inclusion or as an add-on paid service. All insurance is provided by third-party insurance companies, not by us. We will share the policy copy at booking. All insurance claims must be settled with the insurance company directly, though we will assist with required documentation. We shall not be liable for any disputes with the insurance company, and you agree not to make us a party to such proceedings.
4b. Products
1. If the user wishes to make purchase of any product (photography merchandise or otherwise) 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.
2. 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.
5. Payments
1. The amount for various services (fixed departure tours) and products listed on the website is in Indian Rupees or US Dollars; however, the user may choose to pay in the equivalent currency of their own nation.
2. We accept the following ONLINE modes of payment: Valid Credit/Debit Cards / Internet Banking / Wallets via the following payment gateways:
(a). PayPal
(b). Stripe payment gateway
(c). Razorpay payment gateway
3. Users expressly agree and acknowledge that our website may employ or collaborate with third-party payment gateways using secure connections to facilitate, distribute, transact, and receive payments for services offered on or through our website.
4. Our website reserves the right to change or replace the payment gateway at its sole discretion without prior notice. We do not store or process card/bank information. All transactions occur through third-party payment gateways, and we assume no liability for any loss of data, wrongful payment, or invalid payment processing by such third parties.
5. Users agree to hold our website harmless against any disputes or legal claims arising from payment issues and agree not to initiate legal proceedings for such matters. A payment is considered complete only when the payment gateway transfers the money to our bank account (usually within 2 days). Automatically generated invoices during attempted payment are invalid until actual receipt of funds. If a customer disputes a charge and the payment is held, it will not be treated as a valid receipt.
6. We take utmost care in working with third-party payment providers but cannot control their systems, technology, and workflows. We are not responsible for faults at their end. For security and privacy details, users may refer to the third-party provider’s policies. In case of double charges or any additional charges beyond our proposal, we will not be accountable; such issues must be taken up with the card issuer or payment gateway. We will assist with supporting documentation.
7. The Company reserves the right to offer discounts/promotional offers to customers at its discretion. We shall not be liable for not offering the same to any customer. Discounts/offers may be altered, modified, or withdrawn at any time without prior notice.
8. Participation in discounts/offers is entirely voluntary and shall be considered voluntary by the customer. All disputes are subject to the exclusive jurisdiction of the courts/tribunals of New Delhi.
9. We also provide OFFLINE payment options such as bank transfer, SWIFT, NEFT, RTGS, IMPS, cheque payment, and cash deposit in bank. Payment is considered complete only when money reflects in our bank account.
10. All bank charges, SWIFT charges, wire transfer charges, intermediary bank charges, payment gateway charges etc. must be borne by the customer. We will only consider the net amount received in our bank account as the valid receipt.
11. If the total receipts are less than the total tour invoices (due to short payment or deductions as per clause 10), it will be treated as short payment and may result in cancellation of tour services. The tour cancellation policy will apply. After each payment, we generate and share invoices with full transparency.
6. Fraudulent/Declined Transactions
1. Our company reserves the right to recover the damages, 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. Online payments are handled by our online payment gateway partners, which are reputed companies in payments space. 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 their trip booking, they must notify us in writing.
2. The percentage of cancellation charges applicable shall be mentioned in the trip proposal, and the customer shall be bound by the “cancellation of booking policy” mutually agreed in writing at the time of proposal.
3. Refund shall always mean credits for future tours, not cash refunds. Cash refunds will be given only if we cancel the tour due to circumstances beyond our control. If the cancellation is initiated by the customer, the refund will always be provided as credit vouchers that can be used for future tours. Credit means the refunded amount will lie with us and be adjusted against future tour costs.
4. In cases where cash refund is applicable, the refund shall be made through the same payment mode used by the customer and to the same payer. In addition to the agreed cancellation charges, the customer must bear actual bank/transaction fees. Such credits are non-transferable and non-endorsable.
5. In the following cases, there will be no refunds from the Company:
(a). In case the 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. The Company will try to provide alternate arrangements at no extra cost, but any additional cost incurred due to rescheduling shall be borne by the client.
(b). If we are unable to conduct the trip due to safety hazards arising from acts of God such as tsunami, earthquake, pandemic, volcanic eruption etc., we shall not be liable for any cancellation refunds.
(c). If we are unable to conduct the trip due to manmade safety hazards such as sabotage, accidents, riots, shortage of supplies, equipment and materials, strikes, lockouts, civil unrest, curfew etc., we shall not be liable for paying any cancellation refunds.
(d). In case of a no-show by the customer, we shall not be liable to pay any refunds. However, if the tour proposal includes an exception, that will apply.
(e). In case the trip includes permits or accommodation issued by any forest department (in India or abroad) and the forest department cancels the permit/accommodation at the last minute or denies entry into the protected area (at their discretion and beyond our control), our liability is limited to refunding the cost of that specific permit/accommodation once we receive the refund from the authority. Costs already incurred such as vehicles, other hotels etc., will not be refunded. We may offer alternate arrangements at additional 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, which is the date on which the customer makes payment for 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 within 24 hours of receiving 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
1. The Company uses its 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 Travellers 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 traveller any time during the trip.
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. Such events include acts of god like earthquake, volcano, tsunami, cyclones, pandemics, natural disasters and events like accidents, riots, sabotage, shortage of supplies, equipment, and strikes/lockouts among others.
4. If due to certain circumstances the trip cannot be conducted then the maximum liability of the Company shall be refund of the advance payment taken by it for the trip. However refund terms under certain specific conditions have been mentioned in Section #7 of this document. If any of those conditions arise, then refund will be governed by the conditions set in Section #7 of this document.
5. Please read the following for our arrangements with our service providers and our limitation of liability in case of disputes arising from their services.
(a). The safaris are booked with the local government (often the forest department) authorities or private conservancies as applicable. The entry to the park is governed by the respective authorities and we have no control over that. The authorities reserve the right to refuse entry to the park at last moment without assigning us any reason. In such a case our maximum liability shall be refund of the cost of safari which we get from the authorities, once refunded. Also there may not be adequate or clean toilet facilities in the safari parks. Further safari rides may be bumpy and dusty and we cannot be held responsible for any discomfort or illness arising from this.
(b). The cabs/surface transportation are sourced from local vendors whom we empanel after checking their credentials. However these vendors are independent legal entities. In case of issues with vehicle cleanliness, driver behaviour or driving style, we will try to resolve the issue but we cannot be held legally accountable for losses arising out of transportation services unless the vehicle is owned by us.
(c). We recommend and book hotels after due research but we do not own them and cannot control their operations. In case of cleanliness issues, behaviour problems, bad food, delays, or accidents inside hotel premises, we will intervene as representatives but cannot be held liable. If a lower category room is provided, we will pay the cost difference. Requests like early check-ins/late check-outs are not guaranteed and may cost extra.
(d). We handpick guides but they are usually freelancers. If the client is unhappy with knowledge or behaviour, we can arrange an alternate guide if notified in reasonable time. But we are not liable to refund for these issues. Only if a guide is absent or late, we will refund apportioned guide cost.
(e). Air, rail or water transport booked by us are serviced by third-party providers. In case of accidents, delays, refusal of service, misbehaviour or discrimination, we will take up the matter with the vendor as representatives but we cannot be held liable as these services are beyond our control.
6. The hotel and cab provided may be equivalent to the specifications promised but may not be exactly identical. However, we use reasonable efforts to ensure comfortable stay and travel.
7. The Company does not guarantee any wildlife sightings. Clients shall not hold the Company liable if sightings do not happen as per expectations.
8. The customer will always follow the instructions of the tour guide/manager during game drives. The Company is not responsible for violations of law or injuries arising from failure to follow instructions.
9. The Company shall not be held liable if any traveller misses the trip due to visa issues, immigration problems, airline delays, baggage loss etc. No refund of booking amount will be provided.
10. You shall be solely responsible for any illegal activity during tours such as harassing animals, stepping out in undesignated areas in national parks. You shall face any legal action directly.
11. We may use pictures/videos taken during tours to promote our services. You allow us to use such media without royalties unless you request us in writing at [email protected] not to use them.
12. The Company uses local resources for cabs, safaris and hotels, and is not liable for accidents, illness, injury or death during the trip as these services are sourced from third-party providers.
13. If the trip is stalled, delayed or cancelled due to political unrest, riots, vandalism, sabotage, natural disasters, pandemic, strikes, losing passport, theft etc., the Company will not provide refunds or compensation as these are beyond our control.
14. Any extras beyond contracted items—such as early check-ins, late check-outs, extra travel distance, additional attraction entries, extra meals/drinks, personal expenses—will be charged separately as per actuals.
15. If a customer misbehaves or manhandles our staff or any vendor (especially women), services may be denied without refund. The customer also indemnifies us from any legal claims in such cases.
16. Any documents shared during tours, workshops or talks are reference materials only and not authoritative. The proposal sent at booking time shall be the only legally binding document and is governed by these terms and conditions.
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 the 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 or 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.
9. You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of our website and/or others.
10. You shall solely enable us to use the information (such as feedback, comments, messages etc.) you supply us with, so that we are not violating any rights you might have in your Information. You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the website.
11. We reserve the right, but have no obligation, to monitor the materials posted on the website. Our website shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
12. It is possible that any of the users (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 groups of people, intentionally or unintentionally, in DoS/DDoS (Distributed Denial of Services).
We reserve the right to monitor and remove content violating laws or these terms.
12. Ownership
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 Wild Voyager Pvt Ltd. 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 [email protected] requesting that the material be removed, or access to it blocked, please provide us with the following information:
a. physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b. identification of the copyrighted work claimed to have been infringed;
c. 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;
d. Your contact information, including your address, telephone number and an email address;
e. 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
f. statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
g. 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, non-commercial 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.
15. Indemnity
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.
16. Termination
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:
a. 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.
b. 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, irrespective of whether booking happens through the respective companies in USA, Kenya, India, or Singapore.
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 jury or a judge/bench of judges in court of law, 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. Such arbitrator shall be appointed on mutual agreement or shall be appointed by a competent court
3. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
4. The party initiating the dispute, shall bear the entire cost of arbitration.
19. Disclaimers
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:
a. Your use of or your inability to use our Website, Services and tools;
b. Delays or disruptions in our Website, Services, or tools;
c. 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;
d. Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
e. The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
f. A suspension or other action taken with respect to your account; and
g. 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.
3. 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 Travellers on our tours.
4. 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 Traveller.
5. 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.
6. The Company shall not be held liable and responsible if any Traveller 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.
7. 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.
8. 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.
9. 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.
10. 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.
20. Privacy
We respect the privacy of our users and take all possible measures to protect them. Our Privacy Policy has all the practices, measures and steps we have to protect your privacy.
21. Security
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 protected] 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
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
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
24. Notices
Any notices must be given by postal mail to us; Attn: Legal Department Wild Voyager Pvt Ltd FF-01, 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
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
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content and their privacy policy and terms and conditions. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this website, you do this entirely at your own risk.
27. No Waiver Implied
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.
28. Severability
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.
29. Assignment
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
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.
12. Global pandemic.
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 [email protected]
32. Modification
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.
33. Communications
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 protected] 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
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
For further clarification, contact: [email protected]
Corporate Address: Wild Voyager Pvt Ltd, F93, First Floor, Okhla Phase 3, New Delhi 110025, India.
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