TERMS AND CONDITIONS OF SERVICE AND USE
1. GENERAL
Escapenfly hereinafter referred to as the Company (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to Your privacy with regard to the protection of your invaluable information. This document contains information about the Website www.escapenfly.com hereinafter collectively referred to as the Platform).
2. DEFINITION
For the purpose of these Terms of Use (Terms), wherever the context so requires,
i. We, Our, and Us shall mean and refer to the Platform and/or the Company, as the context so requires.
ii. User shall mean and refer to natural and legal individuals who use the Website and who is of sound mind and competent to make sound and informed decisions.
iii. Services refer to providing a platform for Users to avail Tour bookings Hotel booking, Domestic and International Ticketing,Passport Assistance,Foreign exchange,Travel Insurance,Visa Assistance and Car Rentals for national and international travel plans.
iv. Third Parties refer to any Application, company or individual apart from the User and the creator of this Website.
v. The term Platform refers to the Website which provides the user with the facility to seek information through product guides published by the Company.
3. GENERAL TERMS
i. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
ii. The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
iii. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the Users act of visiting any part of the Platform constitutes the Users full and final acceptance of these Terms and the aforementioned Policy.
iv. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
4. SERVICE OVERVIEW
The Company shall operate a platform which shall provide the services like Tour Package bookings, Hotel Booking,Domestic and International Ticketing,Passport Assistance,Foreign exchange,Travel Insurance,Visa Assistance and Car Rentals for national and international travel destinations and also present the users with blogs on travel destinations and travel tips.
5. REGISTRATION
The Platform is only for the purpose of providing travel assistance to its users,and registration is not mandatory to view the services of the Platform but the users can link their Facebook and Gmail accounts on the platform.
6. ELIGIBILITY
a. The User has to be of sound mind and must be capable of making informed decisions after referring to the guides on the website.
b. In the event of a minor accessing the website, it would be the responsibility of his immediate guardian to monitor the minors use, the platform or the Company will not be liable for any consequences.
7. CONTENT
a. All the Content displayed including but not limited to the illustrations, photographs and write-ups on the Platform is created by the Company and is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
b. The Users/Readers can submit their own guides/ write-ups. The same shall be reviewed by the Company before it is displayed on the website. The creator of the guide shall be credited as an author but all rights over the content, including but not limited to the copyright shall be vested with the Company.
c. The Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading, offensive or promotes a business not legally permissible under the laws of the land.
d. The User shall be solely responsible for making good any financial losses or legal expenses incurred through the creation/sharing/submission of Content in the form of reviews or recommendations or part thereof that is deemed to be untrue/inaccurate/misleading. All the information provided by the User about themselves should be up to date and authentic.
8. PAYMENT
Charges
a. Registration on the Platform is free of cost at present. However, in case of availing any paid services on the Platform, the Customer shall pay an amount for the the services availed through the Platform directly to the Company in any of the prescribed modes of Payment Methods
ii. Debit Card
iii. Credit Cards
iv. Amex Card
v. Net Banking
vi. UPI
vii. E-Wallets
viii. Online Payment Gateways: Tech Process
b. The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. An additional processing charge of 2.5% would be levied on the payments made and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
c. The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions. Currently the payment gateway through which payments are processed on the Platform is Tech Process, but the same may be changed at any point of time at the sole discretion of the Platform. Any change in information with regard to the third-party payment gateway will be updated on the Platform by the Company.
d. The User cannot seek a refund on the payment or cancellation of services made at any point of time. The only ground on which the Company shall process a refund is when payment has been deducted twice from the User’s account.
9. INDEMNITY
The Users undertake to indemnify the Platform and keep it indemnified against all proceedings, claims, expenses, and liabilities whatsoever which may be taken or made against or incurred by the Platform or by reasons of the premises for any comments, feedback or any other form of content created by them, which has been published by the Company on the Platform.
10. TERM & TERMINATION
a. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
b. A User may terminate their use of the Services and the Platform at any time.
c. The Company may terminate these Terms without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
d. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
e. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
f. The Company and its members reserve the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
i. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
11. COMMUNICATION
a. By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receive calls, e-mails or SMS from the Company any of its representatives at any time.
b. Users can report to the Company any grievances or suggestions that they have through e-mail, if they find any discrepancy with regard to the information generated on the Platform, the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time that is taken for investigation.
12. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted user of this Platform and that they:
a. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, reviews and ratings, comments and feedback for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
b. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
c. Expressly agree and acknowledge that the Content displayed on the Platform is for purpose of reference only, under no circumstance shall the User construe the same as expert/ professional advice. The User may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
d. Expressly agrees to make good any losses suffered by the Company or platform which result as a consequence of any act committed by the User including but not limited to acts of fraud, misrepresentation of information provided on the Company as expert advice or posting slanderous or libellous content in the form of comments or feedback.
e. Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.
f. Agrees that the platform will be used by him solely for non-commercial use with the intent of gaining information about the featured products in the form of guides. No commercial endorsements will be made on the platform. This includes providing links to other platforms which may or may or may not be competitors of the Company. In the event of detection of commercial activity by a user, the Platform will have the right to bar him from posting further comments or content on the Platform.
Further:
a. The User hereby expressly authorizes the Company /Platform to disclose any and all information relating to the User in the possession of the Company /Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company /Platform might with to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
b. The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
c. The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which the User has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophile, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
ii. violates any law for the time being in force;
iii. deceives or misleads the other users
12. DOS AND DONTS ON THE PLATFORM
The Platform shall provide the services like Tour Package bookings, Hotel Booking,Domestic and International Ticketing,Passport Assistance,Foreign exchange,Travel Insurance,Visa Assistance and Car Rentals for national and international travel destinations. Hence the list of do’s and don’ts limit what the User can and cannot do with the services offered on the Platform. a. Does The Users agrees that they will: i. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; ii. Provide accurate information on the Platform and keep it updated; iii. Use their real names on their profile; and iv. Use the Services in a professional manner and lawful manner. b. Don’ts Users agree that they will not: i. Create a false identity on the Platform, misrepresent your identity, create a Member profile for anyone other than that of themselves (a real person), or use or attempt to use another User’s account;
ii. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add- ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Platform;
iii. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
iv. Copy, use, disclose or distribute any information obtained from the Platform or through the Services offered, whether directly or through third parties (such as search engines), without the consent of the Company;
v. Disclose information that User does not have the consent to disclose (such as confidential information of any third party;
vi. Violate the intellectual property rights of any third Party, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
vii. Violate the intellectual property or other rights of the Platform, including, without limitation:
· Copying or distributing any content generated by the Platform or other materials or
· Copying or distributing our technology, unless it is released under open source licenses;
· Using the name of the Company or its logos in any business name, email, or the name of the platform and its associated logos and trademarks;
viii. Post anything that contains software viruses, worms, or any other harmful code;
ix. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
x. Imply or state that the User is affiliated with or endorsed by the Company or Platform without seeking the express consent of the Company;
xi. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Company’s express consent;
xii. Deep-link to the Services of the Platform for any purpose other than to promote the User’s profile or a Group on our Services, without the Company’s consent;
xiii. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
xiv. Monitor the Services availability, performance or functionality for any competitive purpose;
xv. Engage in Mirroring or otherwise simulating the appearance or function of the Services;
xvi. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
xvii. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
xviii. Violate the Terms and conditions and Privacy Policy of the Platform or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
13. DISCLAIMER
a. Description or prices shown on the Platform with regard to the services will be tentative, The Company will not responsible for any delay. Any changes in the fare are subject to changes in factors including but not limited to market conditions, demands for service, etc.
b. The facilities and Services on the Platform are intended to be subject to availability, without any promises or guarantees on the same by the Company. The Company bears no responsibility whatsoever for any consequences arising from the use of the said Services by Users. The Company shall in no way be responsible for losses incurred due to reckless or incorrect use of the services by the user.
c. Any advertisement available on e-mail or website with respect to the third- party website or the products and services is for information purpose only.
d. The Company clearly states that any information of whatsoever nature provided or received from the Customers taken in good faith, without least suspecting the authenticity of the Customers claims and the Platform does not confirm, acknowledge, or subscribe to the claims and representation made by the Customers.
14. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s Content which includes but is not limited to trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, illustrations, photographs, write-ups save and other distinctive brand features according to the provisions of these Terms.
15. FORCE MAJEURE
a. Neither the Company nor the Platform 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, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
16. DISPUTE RESOLUTION AND JURISDICTION
a. It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution ( ADR ) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
i. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
ii. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, 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 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 Mumbai, Maharashtra, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
17. GRIEVANCES
a. Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to vineet.b@escapenfly.com
18. MISCELLANEOUS PROVISIONS
a. 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.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. 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.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at vineet.b@escapenfly.com.
