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Terms of Use

These terms and conditions of use (“Terms of Use”) of the Website (as defined below) between Kundalika Rafting (hereinafter referred to as “Kundalika Rafting”) and the users/ registrants of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on which Kundalika Rafting offers You access to the Website and the Services (as defined below) through the Website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE

General

The domain name www.kundalikarafting.org (hereinafter referred to as “Website”) is an Internet based portal owned and operated by Kundalika Rafting, a company with its registered office at L-350, Dreams Mall, Bhandup West, Mumbai – 400078. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Kundalika Rafting at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

Kundalika Rafting shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.kundalikarafting.org to view the most current Terms of Use. You can determine when Kundalika Rafting last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Kundalika Rafting may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage, www.kundalikarafting.org. Kundalika Rafting assumes no liability for the quality and genuineness of responses. Kundalika Rafting cannot monitor the responses that a person may receive in response to information he/she has displayed on the site. The individual/company would have to conduct its own background checks on the bonafide nature of all response(s).

Kundalika Rafting will not be liable on account of any inaccuracy of information on this web site. It is the responsibility of the visitor to further research the information on the site. Any breach of privacy or of the information provided by the individual/company to Kundalika Rafting to be placed on the website by technical or any other means is not the responsibility of Kundalika Rafting. Kundalika Rafting does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on the website.

Kundalika Rafting uses technological means to exclude Robots etc from crawling the website and scraping content. The user undertakes not to circumvent these methods.

Users undertake that the services offered by Kundalika Rafting shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Kundalika Rafting reserves the right to filter and monitor and block the emails sent by you/user using the servers maintained by Kundalika Rafting to relay emails. All attempts shall be made by Kundalika Rafting and the user to abide by International Best Practices in containing and eliminating Spam.

Users shall not spam the database maintained by Kundalika Rafting or indiscriminately and repeatedly forward mail that may be considered spam etc. etc. Any conduct of the user in violation of this clause shall entitle Kundalika Rafting to forthwith terminate all services to the user without notice.

The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.

Services

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Kundalika Rafting is not and cannot be a party to or control in any manner any transaction between the Website’s Users.

Kundalika Rafting can be used to facilitate the listing & booking of Travel Services. Such Services are included in Listings on the Website. Kundalika Rafting makes available a platform with related technology for Users to meet online and arrange for bookings of these Travel Services. Kundalika Rafting is not an owner or operator of travel services.

PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE IS INTENDED TO BE USED TO FACILITATE THE BOOKING OF TRAVEL RELATED SERVICES. Kundalika Rafting CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICES. Kundalika Rafting IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TRAVEL RELATED SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE USER’S OWN RISK.

Kundalika Rafting is not and cannot be a party to or control in any manner any transaction between the Website’s Users.

Henceforward:

1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation: price, payment methods, payment terms, date, period, inclusions & exclusions for services. Kundalika Rafting does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

2. Kundalika Rafting does not make any representation or Warranty as to specifics (such as quality, value etc) of the services proposed to be sold or offered to be sold or purchased on the Website. Kundalika Rafting does not implicitly or explicitly support or endorse the sale or purchase of any services on the Website. Kundalika Rafting accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

3. Kundalika Rafting is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Kundalika Rafting cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Kundalika Rafting shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

4. Kundalika Rafting does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bonafides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.

5. Kundalika Rafting does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the services offered by Seller nor does it at any point gain title to or have any rights or claims over the services offered by Seller to Buyer.

6. At no time shall Kundalika Rafting hold any right, title or interest over the services nor shall Kundalika Rafting have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Kundalika Rafting is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of unavailability of services as offered by the Seller.

7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell services. Kundalika Rafting is only providing a platform for communication and it is agreed that the contract for sale of any of the services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Kundalika Rafting hold any any right, title or interest over the products nor shall Kundalika Rafting have any obligations or liabilities in respect of such contract.

8. You shall independently agree upon the manner and terms and conditions, price, payment methods, payment terms, date, period, inclusions & exclusions for services etc. with the seller(s) that You transact with.

Disclaimer : Pricing on any product(s) / service(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your booking(s).

9. You release and indemnify Kundalika Rafting and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Kundalika Rafting cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Eligibility to Use

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Kundalika Rafting system by Kundalika Rafting for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.

Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Kundalika Rafting through Your legal guardian in accordance with the applicable laws.

Kundalika Rafting reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

Account, Password & Security

Kundalika Rafting makes the Services available to You through the Website and also gives you the option of registering by creating an account only if You have provided Kundalika Rafting certain required User information and created an account (“Account”) through Kundalika Rafting ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

In order to access certain features of the Website or create a Listing, you must register to create an account (“Kundalika Rafting Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Website as described below. As part of the functionality of the Website, you may link your Kundalika Rafting Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Kundalika Rafting through the Website; or (ii) allowing Kundalika Rafting to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Kundalika Rafting and/or grant Kundalika Rafting access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Kundalika Rafting to pay any fees or making Kundalika Rafting subject to any usage limitations imposed by such third party service providers. By granting Kundalika Rafting access to any Third Party Accounts, you understand that Kundalika Rafting will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Kundalika Rafting Account and Kundalika Rafting Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Kundalika Rafting Account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Kundalika Rafting’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website. You have the ability to disable the connection between your Kundalika Rafting Account and your Third Party Accounts, at any time by writing to us at help@kundalikarafting.org. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Kundalika Rafting makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Kundalika Rafting is not responsible for any SNS Content.

We will create your Kundalika Rafting Account and your Kundalika Rafting Account profile page for your use of the Site and based upon the personal information you provide to us or that we obtain via an SNS as described above. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Kundalika Rafting reserves the right to suspend or terminate your Kundalika Rafting Account and your access to the Website if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Kundalika Rafting Account, whether or not you have authorized such activities or actions. You will immediately notify Kundalika Rafting of any unauthorized use of your Kundalika Rafting Account by writing to us at help@kundalikarafting.org

The Website also allows restricted access to the Services for unregistered Users.

You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Kundalika Rafting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kundalika Rafting has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

Pricing

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Kundalika Rafting expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card. Kundalika Rafting shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Kundalika Rafting with our acquiring bank from time to time.

Subject to compliance with the Terms of Use, Kundalika Rafting grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website in accordance with Terms of Use

You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Kundalika Rafting. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Kundalika Rafting disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to us at help@kundalikarafting.org

If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:

    • Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
    • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
    • Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
    • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
    • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
    • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Kundalika Rafting server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
    • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Kundalika Rafting, including any Kundalika Rafting Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
    • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
    • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
    • Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
    • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kundalika Rafting or other third parties;
    • Conduct or forward surveys, contests, pyramid schemes or chain letters;
    • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    • Violate any applicable laws or regulations for the time being in force within or outside India;
    • Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
    • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

We reserve the right, but have no obligation, to monitor the materials posted on the Website. Kundalika Rafting shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Kundalika Rafting views. In no event shall Kundalika Rafting assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us includingthe terms Kundalika Rafting, kundalikarafting.org, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Kundalika Rafting or sellers on platform or otherwise tarnish or dilute any Kundalika Rafting’s trade or service marks, trade name and/or goodwill associated with such trade or service marks,trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Kundalika Rafting’s systems or networks, or any systems or networks connected to Kundalika Rafting.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

Kundalika Rafting shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to,products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kundalika Rafting and / or others.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Yourinformation in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

You agree that You are solely responsible to Kundalika Rafting and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which Kundalika Rafting or its affiliates or its vendors may suffer) for any such breach.

You agree and acknowledge that Kundalika Rafting is not the seller of the services and Kundalika Rafting shall in no manner be deemed to be the seller of the services on this Website. Kundalika Rafting is only facilitating purchase of the services by You from the Seller by providing the Services to You.

You agree that Kundalika Rafting may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Kundalika Rafting has no control over such third party user generated content as Kundalika Rafting is merely an intermediary for the purposes of this Terms of Use Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Kundalika Rafting’s express prior written consent. You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Usage Conduct

You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

Kundalika Rafting shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Kundalika Rafting with our acquiring bank from time to time.

Intellectual Property Rights

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Kundalika Rafting and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Kundalika Rafting or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Kundalika Rafting, the vendor or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Kundalika Rafting owns all intellectual property rights to and into the trademark “Kundalika Rafting”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Kundalika Rafting or thirty party owner of such Content.

Third Party Content

The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other sdata from external sources (“Third Party Content”). Similar Third Party Content would also be available to You on the email received by You from Kundalika Rafting. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Kundalika Rafting does not provide any guarantee with respect to any the Third Party Content and Kundalika Rafting shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

THIRD PARTY ADVERTISEMENTS: Kundalika Rafting SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

Listings

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. You may create Listings for which you will be asked a variety of questions about the Services to be listed, including, but not limited to, the location, capacity, size, features, availability and pricing and related rules and financial terms. In order to be featured in Listings via the Website you need to provide accurate information without misleading Buyers. Listings will be made publicly available via the Website. Other Users will be able to book your Services via the Website based upon the information provided in your Listing. You understand and agree that once a User requests a booking, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of any Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Services in a Listing you post, including, but not limited to, laws of the Land (b) not conflict with the rights of third parties. Please note that Kundalika Rafting assumes no responsibility for a Seller’s compliance with any applicable laws, rules and regulations. Kundalika Rafting reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Kundalika Rafting, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website.

You understand and agree that Kundalika Rafting does not act as an insurer or as a contracting agent for you as a Seller. If a User requests a booking, any agreement you enter into with such User is between you and the User and Kundalika Rafting is not a party thereto.

You acknowledge and agree that, as a Seller offering services, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals providing the service at your request or invitation.

No Endorsement

Kundalika Rafting does not endorse any Sellers or any Listings. In addition, although these Terms require Sellers to provide accurate information, we do not attempt to confirm, and do not confirm, any Seller’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Website.

By using the Website, 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 and you agree not to attempt to impose liability on, or seek any legal remedy from Kundalika Rafting with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Website regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a User against Kundalika Rafting regarding the remittance of payments received from a User by Kundalika Rafting on behalf of another User, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorization for any transaction/s, or

2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or

3. Any payment issues arising out of the transaction, or

4. Decline of transaction for any other reason/s

Further:

1. Transactions, Transaction Price and all commercial terms for services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Kundalika Rafting liable or responsible for the breach of representations and warranties, non-provision of services or fraud as regards the services listed on Kundalika Rafting’s Website.

2. You have specifically authorized Kundalika Rafting or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Users in respect of transactions through Payment Facility. Your relationship with Kundalika Rafting is on a principal to principal basis and by accepting these Terms of Use you agree that Kundalika Rafting is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Kundalika Rafting’s Website that are paid for by using the Payment Facility. Kundalika Rafting does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

3. You understand, accept and agree that the payment facility provided by Kundalika Rafting is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Kundalika Rafting Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Kundalika Rafting is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers:

  • You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
  • You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the services and the Transaction shall stand amended to such extent. Any such extension / increase or subsequent innovation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
  • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain listings and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those services
  • Refund(s) if any, shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  • For electronic payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  • Refund(s) if any, shall be conditional and shall be with recourse available to Kundalika Rafting in case of any misuse by Buyer.
  • Refund shall be subject to Buyer complying with Policies.

4. Kundalika Rafting reserves the right to impose limits on the number of Transactions or Transaction Price which Kundalika Rafting may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

5. Kundalika Rafting reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Kundalika Rafting or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

6. Kundalika Rafting may do such checks as it deems fit before approving the receipt of Buyers commitment to pay Transaction Price from the Buyer for security or other reasons at the discretion of Kundalika Rafting. As a result of such check if Kundalika Rafting is not satisfied with the credibility of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay the Transaction Price.

7. Kundalika Rafting may delay notifying the payment confirmation i.e. informing Seller to make booking arrangements, if Kundalika Rafting deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Kundalika Rafting may hold Transaction Price and Kundalika Rafting may not inform Seller to make booking arrangements or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

8. The Buyer and Seller acknowledge that Kundalika Rafting will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Kundalika Rafting.

Compliance with Laws:

9. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information andTechnology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Kundalika Rafting Website.

Buyer’s arrangement with Issuing Bank:

10. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

11. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Kundalika Rafting including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Kundalika Rafting that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Kundalika Rafting harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to contrary, Kundalika Rafting ‘s entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific service, under which the unlikely liability arises.

In no event shall Kundalika Rafting, its Proprietor, officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Kundalika Rafting has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws of India.

Trademark, Copyright and Restriction

This site is controlled and operated by Kundalika Rafting and listings are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Kundalika Rafting respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Kundalika Rafting at help@kundalikarafting.org with subject: TRADEMARK INFRINGEMENT

Description of Services

At Kundalika Rafting, we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Violation of the Terms of Use

You agree that Kundalika Rafting may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Kundalika Rafting determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Kundalika Rafting, for which monetary damages would be inadequate, and You consent to Kundalika Rafting obtaining any injunctive or equitable relief that Kundalika Rafting deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Kundalika Rafting may have at law or in equity.

You agree that Kundalika Rafting may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems. If Kundalika Rafting does take any legal action against You as a result of Your violation of these Terms of Use, Kundalika Rafting will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Kundalika Rafting.

Termination

The Terms of Use will continue to apply until terminated by either You or Kundalika Rafting as set forth below. If You want to terminate Your agreement with Kundalika Rafting, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use.

Kundalika Rafting may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

  • You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
  • Kundalika Rafting is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
  • The provision of the Services to You by Kundalika Rafting is, in Kundalika Rafting’s opinion, no longer commercially viable;
  • Kundalika Rafting has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

Kundalika Rafting may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

You agree that all terminations shall be made in Kundalika Rafting’s sole discretion and that Kundalika Rafting shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Kundalika Rafting chooses to terminate them.

If You or Kundalika Rafting terminates Your use of the Website, Kundalika Rafting may delete any content or other materials relating to Your use of the Website and Kundalika Rafting will have no liability to You or any third party for doing so.

Governing Law

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Kundalika Rafting shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Kundalika Rafting shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.

Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to the following e-mail id: help@kundalikarafting.org.

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Kundalika Rafting in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You. Communications

You hereby expressly agree to receive communications by way of SMS, e-mails, calls from Kundalika Rafting relating to Services provided through the Website.

Contact Us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to help@kundalikarafting.org

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Mr. Gaurav Agarwal
Kundalika Rafting
L-350, Dreams Mall,
Bhandup West, Mumbai,
Maharashtra – 400 078
INDIA
Phone: +91- 022-65346477
Email: help@kundalikarafting.org
Time: Mon – Sat (10:00 – 18:00)

General Provisions

Notice: All notices of Kundalika Rafting will be served by email or by general notification on the Website. Any notice provided to Kundalika Rafting pursuant to the Terms of Use should be sent to help@kundalikarafting.org with subject line –” Attention: TERMS OF USE “.

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Kundalika Rafting’s rights under the Terms of Use are freely transferable by Kundalika Rafting to any third parties without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver: Any failure by Kundalika Rafting to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Kundalika Rafting of that provision or right.

Feedback and Information

Any feedback You provide to this Website shall be deemed to be non-confidential. Kundalika Rafting shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Kundalika Rafting is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Kundalika Rafting may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Kundalika Rafting for the feedback under any circumstances.

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