IMPORTANT: Kaadoo Trails, a brand of Krab Media and Marketing Pvt Private LimitedLtd., a company incorporated under the Companies Act, 2013, with its registered office at 766, 24th Cross, Off K R Road, BSK 2nd Stage, Bangalore 560 070[Insert registered address of the Company] (hereinafter referred to as “Company”), is the sole owner of the website https://kaadootrails.com/ (“Website”, which expression shall include any versions of the Website designed for use on mobile phones and other devices) and associated domain names, trademarks and mobile applications. These Terms of Service (“Terms”) constitute a binding contract between Company and you or the business you represent (“User”) as an account holder on the Website. User’s booking, use or access to the Services shall be governed by these Terms. If User does not agree to these Terms, User must not access or use the Website in any manner. Without prejudice to any other specific requirement which may be laid out in these Terms, User’s use of the Services and specifically, User’s acceptance of these Terms as aforesaid shall be deemed to be a representation from the User that the User is fully able and competent to lawfully enter into and form contracts, and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Headings of clauses are only for convenience and are not intended to be used to interpret the contents thereunder. Please read these Terms fully.
- The Company offers the following Services: (a) photography Tours conducted by the Company under the guidance of a lead photographer; (b) wildlife safari Tours, including non-photography Tours; and/or (c) customized Tours conducted by the Company, in all cases (a), (b), and (c) involving end to end planning of the itinerary, arranging through third party service providers, local transport, food and beverages and accommodation booking, procuring permits and approvals etc., which may include safaris, expeditions, trekking and hiking, rock climbing, river crossing, boating or similar forms of adventure as part thereof. (hereinafter all referred to as “Services” or “Tour”).
- Not withstanding anything to the contrary in these Terms, if the User becomes aware of any errors on the Website, the User shall contact the Company with the details of the errors and corrections. The Company shall make all reasonable efforts to carry out the corrections but shall not have any further liability to the User in respect thereof.
- Applicability of the Terms
- By the User’s use of the Website, User hereby gives unconditional consent to:
- These Terms.
- Any other notice, disclaimer, policy, or term of use, by whatever name called, which may be applicable to the use of the Services from time to time.
- Monitor and improve the Website including by calculating the number of visitors to the Website, identifying the geographical locations of the visitors and their demographics, preferences, interests, and behaviour. We may share such Website usage statistics with our sponsors, advertisers or other third parties (which do not include Company marketing partners and network providers).
- Communicate with you about, and administer your participation in, special events, contests, offers, surveys and market research.
- Respond to your queries.
- Operate, evaluate and improve our business.
- Besides the above, this information may be used when you contact Company through any means such as chat or email. Company reserves the right to include your email ID for marketing communications.
- By the User’s use of the Website, User hereby gives unconditional consent to:
- As a pre-condition to participate in a Tour, User shall be required to book a Tour on the Website. The User may make the booking on the Website by filling the specified forms and providing the Company with copies of the requisite personal details, including but not limited to User’s name, phone number, E-mail id, proof of identity, PAN, AADHAR as specified by the Company from time to time. Upon providing the foregoing details, and upon accepting any Special Terms presented to the User, the User will be required to make the payment on the Website for the Services. Subject to the successful payment of the Fees (defined below), the User’s booking shall be completed.
- The Company shall not be liable for any loss, damage, injury or any liability, whether in tort, contract or other theory of liability, resulting from the User’s use of the Website.
- Subject to successful booking, and User’s continued adherence to these Terms and any other terms and conditions prescribed from time to time, the Company shall permit User to access the Website and use the Services.
- Except as expressly provided herein, the Company does not grant any express or implied permission to use the Services. In addition to the restrictions specified in these Terms, User shall also comply with any special terms and conditions in respect of any specific Service.
Notwithstanding anything to the contrary in these Terms, the Company reserves the right to restrict access to some or all parts of this Website or to discontinue any aspect of the Services at any time.
Consideration, Payment Terms and Cancellation Policy
- The User shall, in consideration of being rendered the Services, pay to the Company such charges as the Company determines in its sole discretion (“Fees”). If the Company decides to provide the Services on a ‘no charge’ basis for a period of time, the Company shall have the right to charge such charges as it determines in its sole discretion from time to time. Notwithstanding anything to the contrary, all charges shall be non-refundable.
- All payments shall be made by credit card, debit card or such other method as the Company may specify from time to time.
- Unless stated otherwise in the Special Terms, or unless mutually agreed otherwise by the Company and the User, the Fees shall be payable by the User in accordance with the following tranches:
- 50% (fifty percent) of the Fees shall be payable at the time of making the booking for the Tour;
- Balance 50% (fifty percent) of the Fees shall be payable 60 (sixty) days prior to the start date of the Tour.
- The Fees shall be inclusive of accommodation and all meals for the duration of the Tour, and as applicable the entry fees, still camera fees and/or guide charges.
- The Fees shall be exclusive of applicable goods and services tax, and all costs incurred by the User including but not limited to the travel cost, personal expenses during the trip, emergency expenses, and any other expenses.
- Unless stated otherwise in the Special Terms, or unless mutually agreed otherwise by the Company and the User, in the event the User cancels a booking made with the Company, the following amount will be refunded by the Company to the User:
- 60% (sixty percent) of the amount will be refunded via a re-usable voucher if the cancellation is done 45 (forty five) days prior to the start date of the Tour;
- 15% (fifteen percent) of the amount will be refunded via a re-usable voucher if the cancellation is done 15 (fifteen) days prior to the start date of the Tour.
- In the instance the Tour is cancelled by the Company, the entire Fees will be refunded to the User. Notwithstanding the foregoing, the Company will not be responsible for any other expenses incurred by the User in preparation for the Tour.
- Notwithstanding the foregoing, unless permitted otherwise by the Company, any other charges shall be paid in advance of availing of the Services and shall be non-refundable. For the avoidance of doubt, Company may, in its sole discretion, not refund any amount regardless of the reason for the termination or annulment of these Terms.
- Fees shall exclude GST and any other central, state or local tax (“Taxes”) which shall be charged at applicable rates in addition to the Fees and User shall pay the same.
- Except as provided herein, the User shall be responsible for all of User’s expenses related to these Terms.
- User shall have no right to set off or adjust amounts due from User to the Company from any amounts that are actually or allegedly due by the Company to the User. However, the Company shall have the right to set off any amounts that are payable by the User to the Company (in reimbursement or otherwise) against any payments the Company may make to User.
- Non-payment of charges and such other amounts shall result in suspension or termination of these Terms and User’s ability to use the Services.
- While availing any of the payment method/s available on the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to User due to:
- Lack of authorization for any transaction/s; or
- Payments exceeding the preset limit mutually agreed by User and between bank/s; or
- Any payment issues arising out of the transaction; or
Decline of transaction for any other reason/s
Representations and Warranties
User hereby represents and warrants that:
- User has the required legal capacity to enter into these Terms, and is authorized to accept these Terms and perform all User’s obligations hereunder.
- User shall perform User’s obligations diligently and in a manner that always reflects well on the Website.
- Any information the User provides for the purpose of booking the Services is correct and complete in all material respects. The User shall be solely responsible to keep such information updated from time to time. Further, it shall be the User’s sole responsibility to ensure that all such documents are genuine, legible, not expired or otherwise invalid.
- User shall be solely responsible for making travel and transport arrangements from the User’s home or other starting location to the designated departure location of any Tour and the Company shall have no responsibility in that behalf
- The security of all the User’s belongings remains the User’s sole responsibility throughout the Tour. The User agrees that The Company will not assume any responsibility for loss of, or damage to, baggage or other possessions.
- The User understands, acknowledges and accepts that the Services offered by the Company may involve risks beyond those that may be encountered in a more conventional holiday. The User understands and acknowledges that the User may be traveling to geographical areas where, inter alia, the standard of accommodation, transport, safety, hygiene, cleanliness, medical and telecommunication facilities and basic infrastructure expected of any traditional Tourist destination may or may not be available. The User further understands that with respect to the activities that the User may undertake upon availing the Services of the Company, the Company makes no representations about the safety or quality thereof, or the standard of the independent operator running it. The User also understands that the Company is in no way responsible for the User’s safety in this regard.
- The User agrees and acknowledges and is aware that Services offered by the Company may be conducted in well accessible and/or remote/unstable areas and may involve use of multi-mode of transport including plane, train, two wheelers or four wheelers, boat, other conveyance, or on foot, and involve inherent dangerous risks of illness, diseases, personal injury, psychological trauma, emotional distress, mental suffering or loss and damage of property, which may be caused by reasons such as wild animal attacks, forces of nature, civil unrest, the User’s unfamiliarity with such terrains and situations and other causes known or unknown with or without any means of quick evacuation and adequate medical assistance or facilities may or may not be available. The User is also aware that the Services may involve mountaineering, trekking or traversing treacherous or dangerous terrains, safaris and expeditions, in and outside wildlife parks and/or other remote areas, difficult or dangerous terrains. The User recognizes that such risks may be present at any time. The User is further aware that the Company relies on third party service providers for transportation services, equipment that may be used, camping, hotel accommodations and lodging, restaurant services and other services and therefore, is not and cannot be held liable for any death, personal injury, property damage or other loss that may occur due to any act or omission. Under all the circumstances mentioned hereinabove, the User hereby fully assume these risks.
- The User agrees and acknowledges that the User is exposed to certain risks like, risks of personal injury and death attributable to accidents, landslides, earthquakes, floods, wildlife attacks, riots and civil unrest, terrorist attacks, robbery, mountain sickness, development of medical complication, and any force majeure events, among others (“Risks”). Accordingly, to the fullest extent permitted by the applicable law, the User expressly assumes any and all Risks arising from or caused by or connected with or attributable to the Services. The User acknowledges and agrees that the User has understood completely and is fully aware of the Risks and the User is solely responsible for, and that the Company has no responsibility to the User or to any third party for, any risk to the User’s life and properties, including risks of personal injury attributable to such reasons as likely to be involved in any adventures, while using the Services and for the consequences of the User’s actions, including any loss or damage which the Company may suffer by doing so.
- The User confirms and declares that the User does not have any medical conditions, disability, mental or physical conditions that affect the User’s ability to travel and undertake and complete the Tour. The User hereby confirms that the User is physically and mentally fit for undertaking the Tour.
The User undertakes full responsibility for procuring and carrying all necessary documents required for domestic as well as international travel. In the event the User’s entry to a region is denied due to non-availability of essential documents such as visa and permits with the User, the User will not hold the Company responsible for this. The User understands and agrees that the Company will not provide any refunds in such instances where the User may be denied travelling to a destination owing to not possessing relevant permits, visa or other essential document as deemed legally essential.
- These Terms may be amended at any time by the Company. All such amendments shall be binding on the User effective 24 (twenty-four) hours after the amended Terms are made available on the Website. It shall be User’s sole responsibility to check this page regularly to take notice of any changes the Company may have made to these Terms. If User does not agree with any amendment, the User shall stop User’s usage of the Services with no liability from the Company to User except in case of Tours booked prior to the amendments.
Although the Company may attempt to notify the User when major changes are made to these Terms, it shall be solely the User’s responsibility to read and understand the most up-to-date version of the Terms on the Website. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Use of the Services
- The User acknowledges and agrees that the form and nature of the Services which the Company provides may change from time to time at the sole discretion of the Company without prior notice to the User, including on account of any Force Majeure Event.
- The Company reserves the exclusive right to change the instructor/guide/lead photographer for the Tour any time before/during the Tour without any obligation to serve advance notice to the User. Such changes will be at the sole discretion of the Company and shall be binding on the User.
- User hereby represents and warrants that the User shall make use of the Services as a prudent, reasonable and law-abiding citizen.
- The Company may, in its sole discretion, suspend User’s use of the Services or terminate User’s contract under these Terms.
- The User agrees and acknowledges that the Tour itinerary is subject to fair weather and other factors as determined by the Company in its sole discretion. The Company reserves the right to make changes to the Tour itinerary at its sole discretion for any reason including the safety of the User and other individuals on the Tour.
- The minimum age for participating in a Tour is 12 years. Notwithstanding the foregoing, minimum and/or maximum age requirement in respect of any particular Tour may be modified by the Company at its sole discretion. Every person below the age of 18 years will need to be accompanied by his/her parent/guardian. A booking for any person below the age of 18 years shall be made only by his/her parent/guardian on his/her behalf.
- The Company shall not be responsible for the unavailability of the Website or any delay or failure resulting from any reason whatsoever, including but not limited to infrastructure issues, server uptime, network availability and connectivity.
- User agrees not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Services.
- User shall not use the Services to do anything that is contrary to the law, decency or morality.
- User shall not use the Service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others.
- User shall not take any action that would cause the Company to suffer any types of losses.
- User agrees not to collect or harvest from the Services any personally identifiable information, including account names, or to use the communication platforms provided by the Services (e.g., comments, email) for any commercial solicitation or other purposes.
- In User’s use of the Services, User shall always comply with all domestic or international (as applicable) laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over the User, whether those laws, etc. are now in effect or later come into effect during the time the User is availing the Company’s Services.
- User shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the content on the Website.
- User agrees not to hack, circumvent, disable, corrupt or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. User shall also not attempt to affect the performance or functionality of any facilities available on the Website.
- In User’s use of the Services, User shall not transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene hack into any aspect of the Services.
- The Company will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses or other technologically harmful material that may infect User’s computer equipment, computer programs, data or other proprietary material due to User’s use of the Website or download of any material from the Website.
Breach of the above clauses shall amount to a criminal offence under the National Cyber Security Policy 2013. The Company shall report any such breach and disclose User’s identity to the relevant law enforcement authorities.
Termination and Suspension
- Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between User and the Company, Company may terminate the Services at any time with or without notice, and for or without any reasons, with absolutely no liability to User.
Without prejudice to the foregoing:
- Company reserves the right to terminate these Terms without notice and without liability to User on becoming aware that the User has violated these Terms or any other guidelines and rules published in respect of the Services.
- If the Company reasonably concludes based on information available to the Company that User’s actions and/or performance in connection with the Terms may result in a significant number of customer disputes, chargebacks or other claims in connection with the Website, Company may block, restrict, disable, suspend or terminate User’s access to all or part of the Services at any time in Company’s discretion, without prior notice or liability to the User.
Without prejudice to its other rights and remedies, the Company may, without prior notice, restrict User’s access or use of Website (or any features within the Website), indefinitely suspend or immediately terminate this contract with the User or stop the User from using the Services if it is discovered that the details the User gave at the time of registration or login are materially inaccurate or false, or if the User fails to keep such details updated from time to time, in its sole discretion. The Company may also launch, change, upgrade or impose conditions to suspend or stop any Services or any features without prior notice.
- No advice or information, whether oral or written, obtained by User through the Services will constitute or create any representation or warranty not expressly stated herein as against the Company.
- User expressly agrees that use of the Services is at User’s sole risk. The Services and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the Services are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied.
The User hereby agrees that the Company does not provide any insurance regarding any of the Services rendered by it on its own, or through its affiliates, agents or assignees.
- The Company and its licensors, if any, shall be the sole and absolute owners of the Services, including but not limited to the idea behind the Services, the copyright in all content on the Website and all trademarks, designs, logos and other insignia of trade used on the Website and elsewhere during the performance of the Services, all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other countries. User may use the content supplied solely for User’s own personal use. User is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to User or which appears on this Website nor may User use any such content in connection with any business or commercial enterprise. Any copying of any part of the Services or marks shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the Company, including for civil wrongs and criminal offences.
- The User hereby grants the Company an irrevocable, worldwide, perpetual and royalty-free license to display, feature, and communicate to the public the photographs taken by the User during the Tour and shared with the Company by any means on the Website for the purposes determined by the Company in its sole discretion including but not limited to marketing, and promotion of the Services of the Company.
In consideration of the Services, the User hereby grants the Company a non-exclusive, perpetual, worldwide, fully paid up and royalty free license to any photographs shared by the User with the Company. Pursuant to the license, the Company may display, feature and otherwise communicate to the public the photographs, with or without editing. The Company shall attribute the photograph to the User.
- Limitation of Liability
- The Company has undertaken great care to ensure that all the information on the Website is accurate, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall the Company, its officers, partners and employees, or its contractors, agents, licensors, partners, or suppliers be liable to the User for any direct, special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever), whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or an authorized representative has been advised of the possibility of such damages, arising out of or relating to (i) the use or the inability to use the Services; (ii) unauthorized access to or alteration of User’s transmissions or data; (iii) delay or inability to use the Website or related Services, the provision of or failure to provide Services, or for any information, software, products, Services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, or (iv) any other matter relating to the Services, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. To the extent the foregoing limitations and exclusions are not enforceable, and notwithstanding anything to the contrary herein, the maximum liability of the Company shall be limited to the Fees paid by the User for the relevant Tour or Service.
- User acknowledges and agrees that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the User and the Company, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between User and Company. The Company would not be able to provide the Service to the User on an economically reasonable basis without these limitations.
- The Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company’s control. User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at User’s own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
The Services are controlled and offered by the Company from its facilities in India. If you are a User outside India, please take note the Company is subject only to Indian law and only to the jurisdiction of Indian courts. The Company makes no representations that the Services are appropriate or available for use in other locations. Therefore, if you are a User outside India, you may use the Services solely on your own volition and at your own risk. You shall be solely responsible for compliance with local law.
User hereby agree to defend, indemnify and hold harmless the Company, its affiliates, officers, partners, employees, consultants and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) User’s use of the Services; (ii) User’s violation of any provision of these Terms; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation shall survive these Terms and use of the Services.
- User hereby agree to defend, indemnify and hold harmless the Company, its affiliates, officers, partners, employees, consultants and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) User’s use of the Services; (ii) User’s violation of any provision of these Terms; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation shall survive these Terms and use of the Services.
Governing Law and Arbitration
- These Terms are governed by and shall be construed in accordance with the laws of the Republic of India.
Disputes, if any, shall be attempted to be resolved amicably for 30 (thirty) days. Unresolved disputes shall be referred first to a mediator of not less than 15 years’ experience and in the event the dispute remains unresolved by mediation as aforesaid, to an independent, sole arbitrator appointed by the parties jointly in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. The seat of the arbitration shall be Bangalore. Subject to the foregoing, User hereby consents to the exclusive jurisdiction of the Courts in Bangalore.
- Headings. All headings used in these Terms are for convenience only and shall not affect the construction hereof.
- Waiver. No failure or delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No waiver of any provision hereof shall be effective unless the same shall be in writing and signed.
- Severability. If any provision of these Terms is prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or enforceable nor the remaining provisions hereof, nor render unenforceable such provision in any other jurisdiction. In the event any provisions of these Terms shall be held to be invalid, illegal or unenforceable, the parties hereto shall use their best efforts to substitute valid, legal and enforceable provisions which, insofar as practical, implement the purposes hereof.
- Cumulative Remedies.The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
- Force Majeure: If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under these Terms despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.
- Assignment: The right to use the Services is personal to the User and is not transferable by assignment, sublicense, or any other method to any other person or entity.