This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website “https://adventureholidayzz.com“ and (hereinafter referred to as the “Website”) which is owned and operated by ‘Adventure Holidayzz’ (hereinafter referred to as the “Company”), having office at Coimbatore; where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”
We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY Adventure Holidayzz IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Adventure Holidayzz will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use. Any changes to the Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users. Adventure Holidayzz may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
Overview: We provide the Website and Services as an online network and service to provide individuals seeking campsite information and reservations (“Campers”) with resources about camping, camping experiences, campsites, and other land (“Property”). We enable Campers to make reservations for short-term stays (“Booking”) on Property with landowners who have created Listings for such Property (each, a “Landowner”). We also provide customized events and wide range of options to choose from depending on the geographic location, climatic conditions, season, activities etc. Our users include Campers and Landowners.
Adventure Holidayzz IS NOT A REAL ESTATE BROKER, REAL ESTATE SALESPERSON, INSURER, OR REAL ESTATE AGENT. Adventure Holidayzz HAS NO CONTROL OVER THE CONDUCT OF LANDOWNERS, CAMPERS, OR OTHER USERS OF THE WEBSITE AND SERVICES OR ANY PROPERTY OR OTHER THIRD PARTY. We are not an owner, operator, or provider of any Property, nor do we manage and/or control Properties or transportation or travel services, booking property. In some cases, we redirect you to a third-party website for you to book Property. In such event, Section 1.1 will not apply and we have no involvement in any such booking (but the provisions of Section 9 below will apply). In situations where you, as a Camper, have the ability to book a Property on our Website, we refer to such booking as a “Booking”. However, any Booking is directly between the Camper and entity that owns or manages such Property; we are not a party to such Booking or any transaction or agreement related thereto.
Disclaimer: By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Adventure Holidayzz with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users regarding any Listings (defined below), or potential or actual Bookings. The foregoing limitation shall not apply to any claim by a Landowner against us regarding the remittance of payments received from a Camper by Adventure Holidayzz on behalf of a Landowner.
The following terms apply only to Users in their role as a Camper: Booking. These Terms of Use shall govern any Booking. In addition, separate terms and conditions may apply to Property (defined below) you book, including policies that are set by the applicable entity that owns or manages such Property (“Property Rules”). These Property Rules may be set forth on the Service or otherwise communicated to you via a Booking confirmation email.
In Bookings, Adventure Holidayzz acts solely as a technology service that facilitates communication and is not a party to any transaction between Campers and Landowners. Pricing is set by the applicable Landowner. You acknowledge and agree that you, and not Adventure Holidayzz, will be responsible for performing the obligations of any agreement you may have with a Landowner, that Adventure Holidayzz is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Adventure Holidayzz disclaims all liability arising from or related to any such agreements.
When we provide Bookings, our responsibilities are limited to: (i) facilitating the availability of the Website and Services and (ii) serving as the limited payment collection agent of Landowners for the purpose of accepting payments from Campers on behalf of the Landowners of such amounts stipulated by the Landowners.
In the event that a Landowner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items or property with equivalent items.
After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Account. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Property to the applicable Landowner or to Adventure Holidayzz (if applicable). Both Campers and Landowners agree to cooperate with and assist Adventure Holidayzz in good faith, and to provide Adventure Holidayzz with such information and take such actions as may be reasonably requested by Adventure Holidayzz, in connection with any complaints or claims made by Landowners.
If you are a Camper, upon Adventure Holidayzz’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Landowner, at no cost to you, which process will be conducted by Jungle Hikers or a third party selected by Adventure Holidayzz, with respect to losses for which the Landowner is requesting payment from Adventure Holidayzz.
As a Camper, you will comply with all applicable Property Rules and Regulations, and laws, rules, regulations, and local ordinances, which are Supplemental Terms for any Booking you make. Use of any Property will be subject to: (i) availability of the Property; (ii) payment of all fees and charges incurred in reserving and/or using the Property; and (iii) compliance with the terms and conditions and/or Property Rules. Unless otherwise agreed in writing, settlement of all fees and charges incurred in reserving and/or using the Property is to be made by you prior to your use and shall not be considered guaranteed until written confirmation has been provided to you. You understand that a violation of Property Rules may result in cancellation of your Booking(s), in your being denied access to any Booking, or in your forfeiting any monies paid for such reservation(s). You hereby authorize us to debit or charge your account (via the method of payment associated with your account) for any costs we incur as a result of such violation (including any property damage or physical injury you cause).
As a Camper, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Camper, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property. You agree that we are authorized to immediately charge your Account for all fees and charges due and payable to Adventure Holidayzz hereunder and that no additional notice or consent is required.
From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes for Property. Unless otherwise indicated on the Website, we may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Website or Services. Promotional codes are generally limited to one use per customer. We may post additional terms of a promotion on the Website.
If you are a Landowner, the following provisions apply to you: Listings. If you wish to list a Property as a Landowner, you may create a listing of that Property by answering a variety of questions about it and providing the Property Rules and pricing (“Listing”). Listings are made publicly available on our Website. You acknowledge and agree that you are responsible for any and all Listings you post. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
YOU SHOULD UNDERSTAND HOW THE LAWS WORK IN THE JURISDICTION OF YOUR PROPERTY. SOME JURISDICTIONS REQUIRE REGISTRATION AND CERTAIN LICENSING AND PERMITS. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH COMPLIANCE. You represent and warrant that any Listing you post and any subsequent Booking (and use) of a Property: (i) will not breach any agreements you have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Property (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Adventure Holidayzz assumes no responsibility for any compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. PLEASE REVIEW LOCAL LAWS BEFORE LISTING A PROPERTY.
Any agreement you enter into with a Camper is between you and the Camper and we are not a party thereto.Availability You can set your own schedule of availability for your Property. You can accept or reject prospective bookings through the Services or in other communications with us. However, once a Camper makes a booking request, you may not request the Camper to pay a higher price than in the booking request on the Website. Once you accept a Booking or receive a Booking through INSTA Book, you agree to fulfill that commitment to us and to the Camper and you may not charge any User additional or supplemental fees for the Booking (other than required taxes). We may make tools available to you to help you to make informed decisions about which Campers you choose to confirm for booking for your Property, but you acknowledge and agree that, as a Landowner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are otherwise present on the Property at your request or invitation, excluding the Camper and his or her invited guests.
Relationship with Landowners. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Adventure Holidayzz and you. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Adventure Holidayzz that is inconsistent with your being an independent contractor (and not an employee) of Adventure Holidayzz. You are not the agent of Adventure Holidayzz and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of Adventure Holidayzz. Without limiting the generality of the foregoing:
You are not entitled to or eligible for any benefits that Adventure Holidayzz may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, Adventure Holidayzz will not withold taxes of any kind, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf, nor will you be entitled to any of the foregoing.
You are solely responsible for filing all tax returns and submitting all payments as required by any government , state, local, or foreign tax authority arising from payments to you under this Agreement, and you agree to do so in a timely manner. You will comply with all applicable government, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, disability and other contributions Use of the Services and Adventure Holidayzz Materials. The Website, the Services, the Application, and the information and content available on the Website and in the Services (as these terms are defined below) (collectively, the “Adventure Holidayzz Materials”) are protected by copyright laws throughout the world. Subject to the Terms, Adventure Holidayzz grants you a limited license to reproduce portions of the Adventure Holidayzz Materials for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Adventure Holidayzz in a separate license, your right to use any Adventure Holidayzz Materials is subject to the Terms.
You understand that the Adventure Holidayzz Materials are evolving. As a result, Adventure Holidayzz may require you to accept updates to the Adventure Holidayzz Materials that you have installed on your computer or mobile device. You acknowledge and agree that Adventure Holidayzz may update the Adventure Holidayzz Materials with or without notifying you. You may need to update third-party software from time to time in order to use the Adventure Holidayzz Materials.
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Adventure Holidayzz Materials or any portion of the Adventure Holidayzz Materials, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Adventure Holidayzz Materials (including images, text, page layout or form) of Adventure Holidayzz; (c) you shall not use any metatags or other “hidden text” using Adventure Holidayzz’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Adventure Holidayzz Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Adventure Holidayzz Materials in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Adventure Holidayzz Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Adventure Holidayzz Materials. Any future release, update or other addition to the Adventure Holidayzz Materials shall be subject to the Terms. Adventure Holidayzz, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Adventure Holidayzz Materials terminates the licenses granted by Adventure Holidayzz pursuant to the Terms. Third-Party Materials As a part of the Adventure Holidayzz Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for Jungle Hikers to monitor such materials and that you access these materials at your own risk.
User Responsibility You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that Adventure Holidayzz reserves the right, but has no obligation, to intercede in such disputes. You agree that Adventure Holidayzz will not be responsible for any liability incurred as the result of such interactions.
Content Provided by Other Users The Adventure Holidayzz Materials may contain User Content provided by other Users. Adventure Holidayzz is not responsible for and does not control User Content. Adventure Holidayzz has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
Third-Party Services The Adventure Holidayzz Materials may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Adventure Holidayzz Materials and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Adventure Holidayzz. Adventure Holidayzz is not responsible for any Third-Party Websites & Ads. Adventure Holidayzz provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Fees and Purchase Terms There are no fees for browsing or using our Website. Bookings. However, if you make a Booking, you agree to pay any and all fees or charges associated with such Booking. We may charge a fee for the service we provide when you make a Booking through the Services. You also authorize Adventure Holidayzz to charge your credit card in the event of damage caused at a Property in accordance with the Terms.
Payment We use a third party payment provider to process payments (“Razorpay” or “RazorPay”). By submitting your payment information to or through our Payment Provider, you authorize us to charge the applicable payment method for your Booking and any related fees or charges. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. You agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to Adventure Holidayzz hereunder (including any damage you cause at or to a Property) and that no additional notice, authorization, or consent is required. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Adventure Holidayzz Properties or by e-mail delivery to you. Landowners In the event of Booking, we may act as the Landowner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Landowner.Payment processing services for Landowners are provided by Razorpay and are subject to the Razorpay Connected Account Agreement, which includes the Razorpay Terms of Service (collectively, the “Razorpay Services Agreement”). By agreeing to these terms, or continuing to operate as a Landowner, you agree to be bound by the Razorpay Services Agreement, as the same may be modified by Razorpay from time to time. As a condition of Adventure Holidayzz enabling payment processing services through Razorpay, you agree to provide Adventure Holidayzz accurate and complete information about you and your business, and you authorize Adventure Holidayzz to share it and transaction information related to your use of the payment processing services provided by Razorpay. Disputes You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to infotele@adventureholidayzz.com
Indemnification You agree to indemnify and hold Adventure Holidayzz, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Adventure Holidayzz Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Adventure Holidayzz Materials; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; (e) your violation of any applicable laws, rules or regulations; (f) your interaction with any User or booking of a Property; and (g) the use, condition or rental of a Property by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Property. Adventure Holidayzz reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Adventure Holidayzz in asserting any available defenses.
No Liability for Conduct of Third Parties YOU ACKNOWLEDGE AND AGREE THAT JUNGLE HIKERS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Adventure Holidayzz PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING CAMPERS, LANDOWNERS, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE Adventure Holidayzz MATERIALS. YOU UNDERSTAND THAT Adventure Holidayzz DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, WHETHER CAMPERS OR LANDOWNERS. Adventure Holidayzz MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE Adventure Holidayzz MATERIALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE Adventure Holidayzz MATERIALS. PLEASE TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT Adventure Holidayzz DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
LANDOWNERS Adventure Holidayzz MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE Adventure Holidayzz MATERIALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE Adventure Holidayzz MATERIALS. PLEASE TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT Adventure Holidayzz DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
Disclaimer of Certain Damages YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE JUNGLE HIKERS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE Adventure Holidayzz OR ANY BOOKING, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Adventure Holidayzz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE Adventure Holidayzz MATERIALS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE Adventure Holidayzz MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE Adventure Holidayzz MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Adventure Holidayzz; OR (5) ANY OTHER MATTER RELATED TO THE Adventure Holidayzz MATERIALS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability UNDER NO CIRCUMSTANCES WILL THE Adventure Holidayzz PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY Adventure Holidayzz FROM YOU OR PAID BY Adventure Holidayzz TO YOU IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID Adventure Holidayzz ANY AMOUNTS IN SUCH PERIOD, Adventure Holidayzz’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO TWO THOUSAND RUPEES (Rs.2,000)
User Content Adventure Holidayzz PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Adventure Holidayzz AND YOU. EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Procedure for Making Claims of Copyright Infringement. It is Adventure Holidayzz’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Adventure Holidayzz by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Adventure Holidayzz Materials in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Adventure Holidayzz Materials of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Adventure Holidayzz’s Copyright Agent for notice of claims of copyright infringement is as follows: Adventure Holidayzz, LLP,
Term The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Adventure Holidayzz Materials, unless terminated earlier in accordance with the Terms. Prior Use Notwithstanding the foregoing, if you used the Adventure Holidayzz Materials prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Adventure Holidayzz Materials (whichever is earlier) and will remain in full force and effect while you use the Adventure Holidayzz Materials, unless earlier terminated in accordance with the Terms.
Termination of Services by Adventure Holidayzz Adventure Holidayzz has the right to suspend or terminate any Services provided to you for any reason. You agree that all terminations for cause shall be made in Adventure Holidayzz’s sole discretion and that Adventure Holidayzz shall not be liable to you or any third party for any termination of your Account. Termination of Services by You If you want to terminate the Services provided by Jungle Hikers, you may do so by (a) notifying Adventure Holidayzz at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Adventure Holidayzz’s address set forth below.
NO 7B / 7th - FLOOR MAYFLOWER SIGNATURE AVINASHI ROAD PEELAMEDU. OPP TO PSG TECH COIMBATORE. - 641004. Effect of Termination Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Adventure Holidayzz will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Violations If Adventure Holidayzz becomes aware of any possible violations by you of the Terms, Adventure Holidayzz reserves the right to investigate such violations. If, as a result of the investigation, Adventure Holidayzz believes that criminal activity has occurred, Jungle Hikers reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Adventure Holidayzz is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Adventure Holidayzz Materials, including Your Content, in Adventure Holidayzz’s possession in connection with your use of the Adventure Holidayzz Materials, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Adventure Holidayzz, its Users or the public, and all enforcement or other government officials, as Adventure Holidayzz in its sole discretion believes to be necessary or appropriate. Breach In the event that Adventure Holidayzz determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Adventure Holidayzz Materials, Adventure Holidayzz reserves the right to: Warn you via e-mail (to any e-mail address you have provided to Adventure Holidayzz) that you have violated the Terms; Discontinue your registration(s) with the any of the Adventure Holidayzz Materials, including any Services or any Adventure Holidayzz community;
Electronic Communications The communications between you and Adventure Holidayzz use electronic means, whether you visit the Adventure Holidayzz Materials or send Adventure Holidayzz e-mails, or whether Adventure Holidayzz posts notices on the Adventure Holidayzz Materials or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Adventure Holidayzz in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Jungle Hikers provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Acknowledgement and Assumption of Risk. Camper acknowledges that camping (the “Activity”) might cause injuries, death, property damage or other harm to third parties. Camper accepts and voluntarily incurs all risks of any such injuries, damages or harm which arise during or result from the Activity except only to the extent caused by the sole negligence or intentional
Waiver and Release Camper waives releases and forever discharges all claims against the Landowner and its agents and representatives (hereinafter collectively “Released Parties”) for any injuries, damages, losses or claims, whether known and unknown, which arise during or result from the Activity, except only to the extent caused by the sole negligence or intentional misconduct of any of the Released Parties.
Indemnification and Hold Harmless Camper agrees to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys’ fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits brought against any of the Released Parties to recover any losses, liabilities, costs, damages or expenses which arise during or result from the Activity, except only to the extent caused by the sole negligence or intentional misconduct of any of the Released Parties.
Other The Camper expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of India and that this Release shall be governed by and interpreted in accordance with the laws of India . Camper also agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
Assignment The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Adventure Holidayzz prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure Adventure Holidayzz shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. Compliance If you believe that Adventure Holidayzz has not adhered to the Terms, please contact Adventure Holidayzz by emailing us at infotele@adventureholidayzz.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
Limitations Period. YOU AND ADVENTURE HOLIDAYZZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE ADVENTURE HOLIDAYZZ MATERIALS OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Adventure Holidayzz should be sent to: support@Adventure Holidayzz.com. After the Notice is received, you and Adventure Holidayzz may attempt to resolve the claim or dispute informally. If you and Adventure Holidayzz do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
In the event that the You and Adventure Holidayzz are unable to amicably resolve a dispute by amicably within 30 days after the Notice is received, either party may begin an arbitration proceeding and the said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Coimbatore.
Survival of Agreement This Arbitration Agreement will survive the termination of your relationship with Adventure Holidayzz. Entire Agreement The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
If you have any questions about this Agreement, the practices of the Website, or your
experience with the Service, you can write to us at
infotele@adventureholidayzz.com
The Terms of Use shall be applicable including but not limited to the user of the website, to the third parties associated with User, persons benefiting from the booking, use of services along with the User, claiming on behalf of User.