POLICIES
POLICIES
- PURSE AND PASSBOOK
Purse - Money that is owed by Adventure Monk to the Member is shown here. This is transferable into current account or savings account provided by the Member on requesting transfer by the Member. Use Purse Money within the Adventure Monk Website for additional discounts/earn additional shells/best prices.
Passbook - This Tab reflects any/all pending/due/Payments/transfers.
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SHELLS
Shells are basically non-transferable currency, to be availed of on the website. For use of discount & Adventure Monk paid services and can be only used on the platform. Shells are valid for the Financial Year in which they were issued. They will expire and will be deducted from the total sum of points in your Adventure Monk Account.
21.1 Shells will reset to zero for all members of Adventure Monk a week before each financial year. These will not be returned. Hence, users must try and use Shells that they earn within the same financial year.
Shells that will be given out are solely to the disclosure and discretion of Adventure Monk.
- GONGS
Gongs are instruments to measure and maintain a chronology of Experiences that Members have had with Adventure Monk and may lead to future benefits to Adventure Monk’s sole discretion. Gongs can be divided into Air adventures, Land adventures, Water adventures, Cultural and Experiential. A single Listing can be a part of multiple categories.
Gongs = (difficulty level) * (average rating by Guest) * (number of categories).
difficulty level (1=1; 2=2; 3=3; 4=4; 5=5; 6=6 and so on)
rating by Guest(1star=1/5; 2star=1/2; 3star=1; 4star=2; 5star=3)
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ELIGIBILITY
All Vendors must be at least eighteen (18) years of age or above and by proceeding to the conditions, obligations, affirmations, representations, and warranties set forth in these Terms, the Vendor is fully competent to understand and agree to these Terms. Furthermore, the Vendors must be in compliance with all laws and regulations applicable in the country in which they reside or are conducting business in while accessing/using the Services. The Vendors should not use these Services in a manner violative of any legal rights of Adventure Monk or those of any third parties. Any Vendor found not adhering to these aforementioned requirements at any stage shall be dealt with action as deemed appropriate by Adventure Monk.
- ACCOUNT REGISTRATION
- An unregistered Vendor or a visitor may view Listings on the website but can only create a Listing or make a Booking post registration on the Adventure Monk website.
- Tour operators/Vendors wishing to take advantage of Adventure Monk’s Services by uploading their Listings on the https://www.adventuremonk.com need to first be invited by either Adventure Monk or an existing Adventure Partner or Professional. Vendors to register at http://peacepartners.adventuremonk.com/ for creation of Adventure Partner Profiles. During sign up The operator/Vendor must compulsorily provide the information of their Organization name, email-id, phone number, set a password (For more clarity on personal information, see Privacy Policy). This information will then be put to verification so as to avoid fraudulent and frivolous registration requests.. Further, the Vendor must carefully read, understand and agree to Adventure Monk’s Terms and Conditions and requirements before signing up. If the sign up is successful, the operator/Vendor will be asked to fill out an application form and submit it to the Adventure Monk team in order to become an Adventure Partner.
- All application requests are subject to approval by Adventure Monk. The onus is on the tour operator/Vendor to comply with the prevailing Government acts, rules, regulations and notifications. If a tour operator/Vendor is found in non-compliance of the same later on, appropriate action shall be taken by Adventure Monk. However. Adventure Monk shall not liable in any such case.
- Adventure Monk then reviews all application requests and assesses the capability of the tour operator/Vendor with regard to the product/activities/tours offered, the credentials of the applicant, the market fit, bonding, safety, global reputation of the applicant,etc.
- Upon completion of the review process, Adventure Monk duly notifies the tour operator/Vendor of their successful registration as Adventure Partners if found eligible. Adventure Monk will guide the Adventure Partner through the next steps, which includes uploading listings, assists the operator wherever possible. Adventure Monk reserves the right to decline the application at this stage, or any other stage for that matter.
- INVITING OTHERS
Upon successful creation of profiles, Adventure Partners can invite and add to their referral chain other Vendors, Guests & Adventure Professionals and earn rewards as per the applicable Referral Policy. Each Adventure Partner can invite a maximum of 10 new Vendors for free after which charges shall be levied. All communications for the same shall be made through SMS or email verification.
- SERVICE FEE
- In consideration for facilitating the provision of the Services, Adventure Monk collects a fee from the Adventure Partner ("Service Fee"). Service Fee(s) is/are non-refundable.
- A Service Fee is based upon a percentage of the total booking amount of the selling price of the Listing, or as specified by Adventure Monk, exercising its discretion. Wherever applicable, Taxes may also be charged in addition to the Service Fee. Services Fees are deducted from the Listing Cost before remitting the balance to the Adventure Partner.
ADVENTURE PARTNERS HEREBY ACKNOWLEDGE AND AGREE THAT ADVENTURE MONK RESERVES THE RIGHT TO INTRODUCE AND COLLECT OTHER FEES FROM THEM IN ACCORDANCE WITH THE MODIFICATION AND ALTERATION CLAUSE OF THESE TERMS. PLEASE NOTE THAT ADVENTURE MONK WILL PROVIDE ADVANCE NOTICE OF NEW FEES VIA THE SERVICES, PRIOR TO IMPLEMENTING SUCH NEW FEATURES.
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LISTINGS
- Only Adventure Partners may create Listings. A variety of questions would be raised before the Adventure Partners including, but not limited to, the location, capacity, itinerary, features, availability of the Experiences/Products and pricing and related rules and financial terms contained therein. Adventure Partners working with Adventure Monk are responsible for making sure that their Listings on the https://www.adventuremonk.com are up-to-date so that Guests who wish to book their Experiences or order Products are presented with correct information.
- Adventure Partners are responsible for updating their Experience/Product information either manually using the Adventure Monk Dashboard, or by supplying the Adventure Monk team with a detailed description over email. Listings will be made publicly available via the Services. Other Users will be able to make Bookings via the Services based upon the information provided in your Listing. The onus is on the Adventure Partner to provide correct and verified information and shall be held responsible for any incorrect details.
- When you create a Listing, you may also choose to include certain requirements, which must be met by the Users who are eligible to request a Booking of your Listings. Any User wishing to book a Listing must meet the requirements as specified by the respective Adventure Partners.
- Adventure Monk recommends that Adventure Partners obtain appropriate insurance for their Listings. Please review any insurance policy that you may have for your Listings carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests while participating in your Listings.
- Any Adventure Partner can make changes to their approved Listings. Changes to existing Listings may be reviewed by the Adventure Monk team before being updated on the website. However, any changes in prices can only be made once in seven (7) days, (See Pricing and Billing).
- All Listings shall be ultimately reviewed by Adventure Monk before being posted on the website. Adventure Monk reserves the right to disapprove any Listings it deems fit. Adventure Monk reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Adventure Monk, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. Adventure Monk reserves the right to make any additions/deletions/alterations to the Listings at any point if it deems fit.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY/ALL LISTINGS YOU POST. ADVENTURE MONK DOES NOT EXERCISE ANY CONTROL AND IS NOT RESPONSIBLE FOR THE CONDITIONS, LEGALITY OR SUITABILITY OF ANY LISTINGS. ADVENTURE MONK FORSAKES ANY AND ALL LIABILITY RELATED TO ALL LISTINGS MADE.
- PRICING AND BILLING
- B2B will be applicable only for bulk purchases by Members.
- The Adventure Partner shall determine any/all costs related to the Listings and all such costs should be mentioned in their respective Listings. All these costs can either be mentioned as inclusive of the Listings or as Add-Ons.
- The Selling Price of the entire Listing should either be lesser or equivalent to the MRP (inclusive of all applicable taxes) as decided by the Adventure Partner.
- Adventure Partners to ensure that all prices are clearly shown on the websites in their respective Listings. Selling Prices can only be altered once in 7 Days and the notice of the same to be provided to the Adventure Monk team in advance.
- Adventure Monk to provide separate invoices, one to the Adventure Partner and the other to the Guest once Adventure Monk receives a message of successful Check-Out/Delivery message via an auto-generated mail. If you have not received this message or are facing any issue with this regard, contact adventuremonk.com@gmail.com.
- The Selling Price for each Listing is based at the moment of the request for a Listing being made unless there are any alterations/changes/additions/deletions in the Listing post confirmation (See Bookings).
- SHIPPING AND DELIVERY OF PRODUCTS
- The Adventure Partner is solely responsible for the packaging of the Product before Shipping.
- For Shipping, Adventure Monk has employed third-parties.Our shipping fees are calculated by weight, volume and the type of shipping. These charges are applicable per order. The Adventure Partner must share (at the time of creating a product Listing) the length (in centimeters), breadth (in centimeters), height (in centimeters) and weight (in grams) of the per unit final packaged product that is ready to ship.
- Post confirmation of the Product Listing, Adventure Monk shall provide the Adventure Partner with a slip with the shipping details. The Adventure Partner must ensure that this slip is visibly affixed upon the packaged Product before being provided to the Shipping third-parties. Without this slip, a Product would not be shipped resulting in a penalty to be levied on the Adventure Partner.
- For orders being shipped to countries outside of the Adventure Partner’s country, the packages may be subject to the customs fees and export duties of the country from which the order is shipped from. The Guest may be subject to the customs fees and import duties of county where the Product has to be delivered.
- On the Delivery, the courier charges shall be borne by the Guest directly. However, in case of cancellations/refunds/returns/replacements, the courier charges shall be borne by the Adventure Partner for the same Product.
- As taxes and customs may also depend on product category as well as declared amount, we are not able to provide you with any further details. We would recommend that you consult with your local Customs office, which will happily assist you with further information.
- Adventure Partners can avail of insurance for Products being shipped through either Adventure Monk Services or directly through any third-parties. All insurances are ultimately provided by third-parties rendering Adventure Monk not liable in any cases of breach thereto (See Insurance Policy).
- PERMITS AND LICENSES
- All permits or necessary documentation must be acquired by the Adventure Partner on behalf of the Guestsfor all Listings. Any requirement for Visa, inner line permits, forest department permits or Government permissions, or tickets to enter parks, etc. mentioned in the Listing must be clearly put under either in the inclusion/exclusion section either included as part of the itinerary or put under Add-Ons.
- Any difference in cost of permits/licenses owing to nationality or any Government Rules/Regulations/Notifications must be mentioned in the Listing by the Adventure Partner.
- Any changes in costs of permits/licenses at the time of or after the confirmation of the Booking shall be informed to Adventure Monk and the Guest through an Email, SMS and phone call within 24 hours of the change being made.
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BOOKINGS
- If a Listing is requested via the Services, it shall be converted into a Booking. Bookings can be made by Guests, Adventure Professionals or Adventure Partners. When a Booking is requested via the Services, the first and last name of the User making the request may be shared, other details will be shared after entering the cancellation period based on the User’s comfort and type of Listing booked. The Selling Price, inclusive of all taxes, displayed on the Bookings page is determined by the Adventure Partner at a cost lower/at par to what is stated on the Adventure Partner’s website or any where else for the time being.
- Each Booking request will appear on the Adventure Partner Dashboard under the Bookings tab. Once a Booking is requested, the Adventure Partner will be required to either confirm or decline the same using the Adventure Partner Dashboard System on the website within the specified timeframe (not beyond 24 hours from the time of request made, subject to Adventure Monk’s discretion) after which the request will automatically decline (this may lead to deduction of Shells/future Shells).
- If a Booking request is declined within the specified timeframe, any amount collected by Adventure Monk for that particular booking will be refunded to the Guest. Repetitive declining of a particular Listing or multiple declines by an Adventure Partner shall trigger a review of the same by Adventure Monk and appropriate action will be taken if it is deemed fit by Adventure Monk.
- It is understood that when a User requests a Booking of a Listing and/or participates in a Listing, any agreement entered thereto is between the User and the Adventure Partner who uploaded that particular Listing and Adventure Monk is neither a party nor an intermediary in the said agreement. Thus, an Adventure Partner is responsible for their own acts and omissions and are responsible for the acts and omissions of any affiliates, subsidiaries, staff or individuals who are present during the execution of the Listing at the request of the Adventure Partner excluding the Guest. Furthermore, Adventure Monk has NO control over the conduct of Guests and any/other Users of the Services with regard to any/all Bookings made or any rentals, and therefore, shall NOT be liable in any case.
- If a Listing/Booking is found to be fraudulent by the Adventure Monk Team, the Adventure Partner will be notified of the same and the Listing/Booking shall be cancelled. If a request for a Booking is cancelled as per the Adventure Monk Cancellation Policy, then the Adventure Partner will receive payment for the same as per terms and conditions mentioned therein.
- An existing Listing may be disabled or the Adventure Partner’s Account may be deactivated or (?) at any point by the Adventure Partner or Adventure Monk (See Deactivation and Deletion of Account) but any Bookings made prior to such deactivation will have to be fulfilled by the Adventure Partner. Once confirmed, the Adventure Partner has to ensure that everything mentioned in the confirmed Booking is successfully completed.
- If an Adventure Partner cannot or is unable to fulfill anything contained in a Listing and wishes to cancel the same, the Cancellation Policy shall apply. Furthermore, a notice must be sent to the Adventure Monk team and to the Guest through an Email, SMS and phone call as applicable therein.
YOU UNDERSTAND AND AGREE THAT ONCE A GUEST REQUESTS A BOOKING OF A LISTING, THE PRICING AND DETAILS MENTIONED BY YOU FOR SUCH BOOKING MAY NOT BE ALTERED AFTER THE REQUEST HAS BEEN MADE OR THE BOOKING HAS BEEN CONFIRMED BY THE ADVENTURE PARTNER. IF THE ADVENTURE PARTNER HAS TO MAKE ANY CHANGES/ALTERATIONS/ADDITIONS/DELETIONS POST THE REQUEST OR/AND CONFIRMATION, THE WRITTEN CONSENT OF THE GUEST HAS TO BE OBTAINED. ALL AMENDMENTS TO CHANGES SHALL ONLY BE APPLICABLE TO LISTINGS REQUESTED POST THE CHANGES BEING UPLOADED. FURTHERMORE, ADVENTURE MONK DOES NOT EXERCISE ANY CONTROL AND IS NOT RESPONSIBLE FOR THE CONDITIONS, LEGALITY OR SUITABILITY OF ANY BOOKINGS. ADVENTURE MONK FORSAKES ANY AND ALL LIABILITY RELATED TO ALL BOOKINGS MADE.
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CANCELLATION POLICY
If an Adventure Partner cancels a confirmed booking made via the Services, the reasoning for the same should be supplied to Adventure Monk. The Cancellation Policy shall apply as per the following cases:
- Cancellation for Fixed Departure Tours
- If a booking is cancelled 30 days prior to the start of the tour, no penalty will be levied on either party and no payments will be made to the Adventure Partner.
- If a booking is cancelled 15 days prior to the start of the tour, either by the Adventure Partner or the Guest, no payments will be made to the Adventure Partner. However, in the former case, 5% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the Account.
- If a booking is cancelled 7 days prior to the start of the tour, either by the Adventure Partner or the Guest, no payments will be made to the Adventure Partner. However, in the former case, 10% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In the latter case, the Adventure Partner shall receive 5% of the Selling price of the cancelled Booking by way of Shells.
- If a booking is cancelled 48 hours prior to the start of the tour, either by the Adventure Partner or the Guest, no payments will be made to the Adventure Partner. However, in the former case, 15% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In the latter case, the Adventure Partner shall receive 10% of the Selling price of the cancelled Booking by way of Shells.
- If a booking is cancelled by the Adventure Partner within 48 hours to the date of departure of the tour, no payments will be made to the Adventure Partner. Furthermore, 25% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In the case of cancellation by the Guest, the Adventure Partner shall receive 25% of the Selling price of the cancelled Booking by way of Shells and 25% of the amount shall be transferred to the bank account as provided by Adventure Partner on the website portal. (For more information, see Payments and Refunds.)
- If a booking is cancelled by the Adventure Partner after the start of the tour, or at the time/after Check-In, no payments will be made to the Adventure Partner. Furthermore, 100% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In the case of cancellation by the Guest, the Adventure Partner shall receive 100% of the amount, transferred to the bank account as provided by Adventure Partner on the website portal. (For more information, see Payments and Refunds.)
II. Cancellation for On Demand, Educational, Corporate Tours
- If a booking is cancelled 60 days prior to the start of the tour, no penalty will be levied on either party and no payments will be made to the Adventure Partner.
- If a booking is cancelled 30 days prior to the start of the tour, either by the Adventure Partner or the Guest, no payments will be made to the Adventure Partner. However, in the former case, 5% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account.
- If a booking is cancelled 15 days prior to the start of the tour, either by the Adventure Partner or the Guest, no payments will be made to the Adventure Partner. However, in the former case, 10% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In the latter case, the Adventure Partner shall receive 5% of the Selling price of the cancelled Booking by way of Shells.
- If a booking is cancelled 7 days prior to the start of the tour, either by the Adventure Partner or the Guest, no payments will be made to the Adventure Partner. However, in the former case, 15% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In the latter case, the Adventure Partner shall receive 15% of the Selling price of the cancelled Booking by way of Shells.
- If a booking is cancelled by the Adventure Partner within 7 days to the date of departure of the tour, no payments will be made to the Adventure Partner. Furthermore, 50% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In the case of cancellation by the Guest, the Adventure Partner shall receive 25% of the Selling price of the cancelled Booking by way of Shells and 25% of the amount shall be transferred to the bank account as provided by Adventure Partner on the website portal. (For more information, see Payments and Refunds.)
- If a booking is cancelled by the Adventure Partner after the start of the tour, or at the time/after Check-In, no payments will be made to the Adventure Partner. Furthermore, 100% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In case of cancellation by the Guest, the Adventure Partner shall receive 100% of the amount, transferred to the bank account as provided by Adventure Partner on the website portal. (For more information, see Payments and Refunds.)
III. Cancellation for Fixed Departure Activities
- If a booking is cancelled 15 days prior to the start of the activity, no penalty will be levied on either party and no payments will be made to the Adventure Partner.
- If a booking is cancelled 7 days prior to the start of the activity, either by the Adventure Partner or the Guest, no payments will be made to the Adventure Partner. However, in the former case, 5% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account.
- If a booking is cancelled 24 hours prior to the start of the activity, either by the Adventure Partner or the Guest, no payments will be made to the Adventure Partner. However, in the former case, 10% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In the latter case, the Adventure Partner shall receive 5% of the Selling price of the cancelled Booking by way of Shells.
- If a booking is cancelled within 24 hours to the start of the activity, either by the Adventure Partner or the Guest, no payments will be made to the Adventure Partner. However, in the former case, 25% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In the latter case, the Adventure Partner shall receive 10% of the Selling price of the cancelled Booking by way of Shells.
- If a Booking is cancelled by the Adventure Partner after the start of the activity, or at the time/after Check-In, no payments will be made to the Adventure Partner. Furthermore, 100% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In case of cancellation by the Guest, the Adventure Partner shall receive 100% of the amount, transferred to the bank account as provided by Adventure Partner on the website portal. (For more information, see Payments and Refunds.)
IV. Cancellation for On Demand, Educational, Corporate Activity
- If a booking is cancelled 30 days prior to the start of the activity, no penalty will be levied on either party and no payments will be made to the Adventure Partner.
- If a booking is cancelled 15 days prior to the start of the activity, either by the Adventure Partner or the Guest, no payments will be made to the Adventure Partner. However, in the former case, 5% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account.
- If a booking is cancelled 7 days prior to the start of the tour/activity, 10% penalty in terms of point deduction from Adventure Partner on cancellation by Adventure Partner and no payments will be made to the Adventure Partner. Cancellation by a Guest would accrue 10% penalty which the Adventure Partner will receive as Shells and no payments will be made to the Adventure Partner. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account.
- If a booking is cancelled 3 days prior to the start of the activity, 15% penalty in terms of point deduction from Adventure Partner on cancellation by Adventure Partner and no payments will be made to the Adventure Partner. Cancellation by a Guest would accrue 15% penalty which the Adventure Partner will receive as Shells and no payments will be made to the Adventure Partner. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account.
- If a Booking is cancelled by the Adventure Partner within 3 days to the start of the activity, no payments will be made to the Adventure Partner. Furthermore, 50% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In the case of cancellation by the Guest, the Adventure Partner shall receive 25% of the Selling price of the cancelled Booking by way of Shells and 25% of the amount shall be transferred to the bank account as provided by Adventure Partner on the website portal. (For more information, see Payments and Refunds.)
- If a Booking is cancelled by the Adventure Partner after the start of the activity, or at the time/after Check-In, no payments will be made to the Adventure Partner. Furthermore, 100% of the Selling Price of the cancelled Booking shall be deducted by way of Shells from the Adventure Partner’s account on the website portal. In case of insufficient or zero Shells, deduction will be made in the future on availability of Shells in the account. In case of cancellation by the Guest, the Adventure Partner shall receive 100% of the amount, transferred to the bank account as provided by Adventure Partner on the website portal. (For more information, see Payments and Refunds.)
V. Cancellation of Products
- If a Guest makes a request to cancel an order which has not yet been confirmed for shipment by the Adventure Partner, it can be cancelled.
- Once cancelled, Adventure Monk automatically updates the order status in the Guest’s account and sends an email notification to the Guest as well as the Adventure Partner.
- If the Guest requests for cancellation after the order has been shipped, then the cancellation, return, warranties and refunds shall apply as mentioned in the Listings by the Adventure Partner along with Adventure Monk’s Cancellation Policy.
- If an order is cancelled by mistake, the Adventure Partner should contact Adventure Monk for the next course of action.
VI. Cancellation in the event of Unforeseen Circumstances/Force Majeure
Notwithstanding the foregoing, in the event of any of the scenarios/circumstances explained below, the Adventure Partner and Adventure Monk will have the sole discretion to cancel the Booking so made if it is deemed fit. For the purpose of this Clause, ‘Force Majeure/Unforeseen Circumstances’ shall mean acts, events, omissions or accidents beyond the reasonable control of Adventure Monk or the Adventure Partner, including but not limited to any of the following:
(a) acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
(b) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
(c) terrorist attack, civil war, civil commotion or riots;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) compliance with any law (including a failure to grant any licence or consent needed or any change in the law or interpretation of the law);
(f) fire, explosion or accidental damage;
(g) loss at sea;
(h) adverse weather conditions;
(i) collapse of building structures, failure of plant machinery, other machinery, computers or vehicles;
(j) any labour dispute, including but not limited to strikes, industrial action or lockouts;
(k) non-performance by suppliers or subcontractors; and
(l) interruption or failure of utility service, including but not limited to electric power, gas or water;
Therefore, if any Booking has to be cancelled by an Adventure Partner for reasons such as mentioned above, the Guest and Adventure Monk must be contacted at adventuremonk.com@gmail.com at the earliest.
- If a booking is cancelled 48 hours prior to Check-In, no payments will be made to the Adventure Partner. The Selling Price of the Booking shall be refunded to the Guest. Alternatively, the Adventure Partner may choose to reschedule the Booking for another date/time subject to the Guest’s consent.
- If the Guest requests for an altogether different Listing, the difference in Selling Price must be calculated, and if the price is more than that of the original Listing, the Guest would be required to pay the additional sum. If the price is lesser than that of the original Listing, the surplus amount shall be returned to the Guest.
- If the Booking cannot be rescheduled or the Adventure Partner is unable to find a replacement Listing, the Selling Price of the Booking shall be refunded to the Guest within a commercially reasonable time of the cancellation. Replacement Listings suggested by the Adventure Partner should be listed on Adventure Monk before being forwarded to the Guest.
- If a Booking is cancelled by the Adventure Partner at the time/after Check-In, no payments will be made to the Guest. The Adventure Partner shall receive 100% of the amount, transferred to the bank account as provided by Adventure Partner on the website portal. (For more information, see Payments and Refunds.)
- All non-cancellable and non-refundable arrangements (Arrangement Costs) made in connection to the Bookings made by the Adventure Partner shall be refunded to the Adventure Partner with a limitation clause (only applicable within 7 days to the start of the tour). Subject to the evidence/respective cancellation policies of the particular transport provider, permits and stay rules.
ADVENTURE MONK RESERVES THE RIGHT TO CANCEL, RESCHEDULE OR DELAY THE COMMENCEMENT OR CONTINUANCE OF A BOOKING OR TO ALTER THE ITINERARY OR TO DEVIATE FROM THE ROUTE OF THE JOURNEY OR TO CHANGE THE MODE OF TRANSPORT IN USE WITHOUT INCURRING ANY LIABILITY IN DAMAGES OR OTHERWISE TO THE GUESTS OR ADVENTURE PARTNERS OR ANY OTHER PERSON WHATSOEVER. ALL CANCELLATIONS/TERMINATIONS SHALL BE SUBJECT TO A PROBE BY ADVENTURE MONK INVESTIGATING THE REASON(S) BEHIND THE SAME.
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FOREIGN CURRENCY
As part of the Services, Adventure Monk may provide a feature through which Adventure Partners may receive payments in their choice of currency. You understand and agree that once a Guest requests such a Booking, the Adventure Partner will be notified of the currency in which the Payment will be made to them after the successful completion of the Booking. The currency in which the Guest will be charged may be determined by Adventure Monk based on the Payment method selected by the Guest, the location of the Listing or Delivery of the Listing booked and the place where the guest is accessing the website from. If the currency of the Guest is different from the currency chosen by the Adventure Partner to receive payment, Adventure Monk will be responsible for the required currency conversion processing, which will be calculated based on the most current applicable foreign exchange rate as of the date and time that your booking is confirmed ("Applicable Exchange Rate"). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because although Adventure Monk would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis; and the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate and the rate and/or charges applicable by the banks.
- RETURNS OR REFUNDS
- Products are returnable within the applicable return window if the Guest has received them in a condition that is beyond/close to the expiry date, physically damaged, has missing parts or accessories, defective or different from their description on the product detail page on Adventure Monk. Any such issues if found to be due to Shipping by third-parties, the insurance procured by the Adventure Partner shall be applicable. However, Adventure Monk shall not be liable in such a case.
Note: If an Adventure Partner dispatches a non-returnable product in a damaged/defective condition, such Products can be returned within 10 days from the Delivery of the Product.
- Return will be processed only if:
- It is determined that the Product was not damaged before Shipping.
- The Product is not different from what was ordered by the Guest.
Please see Cancellation Policy for more clarity.
- HIRING OF ADVENTURE PROFESSIONALS
- All staff, any affiliates, subsidiaries, individuals who are present during the execution of the Listing at the request of the Adventure Partner (excluding the Guest) interacting with Guests and/or Bookings from www.adventuremonk.com must be registered under Adventure Professionals by the Adventure Partner, through Adventure Partner Account Dashboard.
- Only registered and approved Adventure Professionals must be allotted to guests from www.adventuremonk.com by the Adventure Partner. Approval and disapproval of Adventure Professionals is to Adventure Monk’s discretion.
- The Adventure Professionals will also be reviewed by Guests (either by Comments, Rating and Shells, as the case may be). The Adventure Partner must inform Adventure Monk of the team of Adventure Professionals who will be managing the Bookings from the Guests, through the Adventure Partner Account Dashboard.
- Payments made to Adventure Professional by Adventure Partners is solely to the discretion between Adventure Partner and Adventure Professional.
- While it is compulsory for the Adventure Partners to have adequate insurance for their staff/team, Adventure Monk recommends that Adventure Professionals also obtain appropriate insurance for themselves. Please review any insurance policy carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions in any case. This is solely to the discretion between adventure partner and adventure professional. (See also Adventure Monk Insurance Policy).
- All permits or necessary documentation for the adventure professional is to the sole discretion between the adventure partner and the adventure professional. Any requirement for Visa, inner line permits, forest department permits or Government permissions, or tickets to enter parks, etc. mentioned in the Listing.
- Any agreement entered thereto is between the Adventure partner and the Adventure Professional, Adventure Monk is neither a party nor an intermediary in the said agreement. Thus, an Adventure Partner or/and Adventure professional are responsible for their own acts and omissions and are responsible for the acts and omissions of any affiliates, subsidiaries, staff or individuals who are present during the execution of the Listing at the request of the Adventure Partner or/and Adventure professional excluding the Guest. Furthermore, Adventure Monk has NO control over the conduct of the Adventure Professional/Guests and any/other Users of the Services with regard to any/all Bookings made or any rentals, and therefore, shall NOT be liable in any case.
- Notwithstanding the foregoing, Adventure Monk serves as no agent between the Adventure Partner and the adventure professional.
- REPORTING BEHAVIOURAL MISCONDUCT
If you have a complaint against a Member who you feel is acting or has acted inappropriately, including but not limited to, anyone who engages in offensive, violent or sexually inappropriate behaviour, you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Adventure Monk by sending an email at adventuremonk.com@gmail.com providing the relevant details of the incident/misconduct. However, this complaint will not obligate Adventure Monk to take any action beyond that required by law (if any) or cause Adventure Monk to incur any liability to you.
- ANTI- BRIBERY POLICY
Neither Adventure Monk or any Adventure Professional or Adventure Partner or any of their respective directors, officers, employees or, to the Adventure Monk’s knowledge, agents or any other person acting on their behalf has directly or indirectly made any bribes, rebates, payoffs, influence payments, kickbacks, illegal payments, illegal contributions of any sort, or other payments, in the form of cash, gifts, or otherwise, or taken any other action, in violation of any anti-bribery or anti-corruption laws (collectively, the “Anti-Bribery Laws”). Neither Adventure Monk nor any of its subsidiaries promote or support bribery. Please contact adventuremonk.com@gmail.com incase you wish to report an incident of bribery in relation to an Adventure Partner, Adventure Professional or any/other User. However, this report will not obligate Adventure Monk to take any action beyond that required by law (if any) or cause Adventure Monk to incur any liability to you.
- PRIVACY POLICY
This Privacy Policy governs the collection, handling and processing of data and information of Adventure Partners, Adventure Professionals, Guests, other Members and Users on the website.
- The Website- This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies with all India's national laws and requirements for user privacy.
- Use of Cookies - This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user's computer / device. Cookies are small files saved to the user's computers hard drive that track, save and store information about the user's interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website. Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
- This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google's privacy policy here for further information [ http://www.google.com/privacy.html
- Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
- Email- Although this website only looks to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites.)
- External Links- Although this website only looks to include quality, safe and relevant external links, Users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links could be any clickable text / banner / image links to other websites.)
- Adverts and Sponsored Links- This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
- Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computer's hard drive. Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
- Social Media Platforms- Communication, engagement and actions taken through external social media platforms that this website and Adventure Monk participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
- Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. Neither this website nor Adventure Monk will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
- This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
- Shortened Links in Social Media- This website and Adventure Monk through their social media platform accounts may share web links to relevant web page or shortened Uniform Resource Locators (“URLs”).
- Users are advised to take caution and good judgement before clicking any shortened URLs published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine URLs are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
ADVENTURE MONK DOES NOT GUARANTEE OR VERIFY THE CONTENTS OF ANY EXTERNALLY LINKED WEBSITE DESPITE THEIR BEST EFFORTS. USERS SHOULD THEREFORE NOTE THEY CLICK ON EXTERNAL LINKS AT THEIR OWN RISK AND THIS WEBSITE AND ADVENTURE MONK IS NOT LIABLE FOR ANY DAMAGES OR IMPLICATIONS CAUSED BY VISITING ANY EXTERNAL LINKS MENTIONED.
17. REFERRAL MARKETING, REWARD AND REFERRAL REWARD POLICY
Adventure Monk may from time to time introduce referral and/or incentive based policies for its Members. These policies will be governed by their respective terms and conditions in addition to the Adventure Monk Terms which shall be binding on the Members participating in the same. Further, Adventure Monk reserves the right to terminate / suspend the Member's Account and Shells earned and/or participation of the Member in the policy if Adventure Monk determines in its sole discretion that the Member has violated the rules of the policies and/or has been involved in activities that are in contravention of the Terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Adventure Monk reserves the right to modify, cancel and discontinue its policies without any notice to the User.
- Referral Policy - Adventure Partners, after registration, can invite Guests, Adventure Professionals and other Adventure Partners to the website. Users that join using this invitation will be added to that particular Adventure Partner’s referral chain as per the Referral Policy. Each Adventure Partner should compulsorily add 1 Vendor to the referral chain within 45 of becoming an Adventure Partner. Each Adventure Partner can invite a maximum of 10 Vendors in a particular Financial Year. Non-adherence to this would lead to lapsing of Referral Reward policy until an addition to the referral chain is made.
- Referral Reward Policy - Adventure Partners may receive Shells from the Adventure Monk on purchases and sales made by their referral chain. Shells received will vary based on the ratings received and discount coupons availed by that referral chain. If more than 40% of the Referral Vendors invited by the Adventure Partner receive an average rating below 2.5 stars, this service will be blocked for 45 days. If in a Referral Chain, an individual Adventure Partner’s rating is below 2.6 stars, then that Adventure Partner shall not be entitled to receive any awards as per this policy.
- Reward Policy - On successful completion of Bookings, the Adventure Partner and the Guest will be asked to rate each other. Based on the rating received by the Guest, tht particular Adventure Partner may receive Shells from the service fee that was charged. If the Adventure Partner’s average rating is below 2.1 stars, the Deactivation Policy would apply.
18. PROMO CODES
Adventure Monk may offer Promo Codes from time to time by providing credits for Bookings made on www.adventuremonk.com. Unless otherwise stated anywhere, Promo Codes have an expiry period of 30 days and are limited to one Promo Code per Booking. Promo Codes can only be used for Bookings and only one Promo Code can be added/used per Booking and they may be combined with Shells. There will be two types of Promo Codes, one that can be created by Adventure Partners (Colour Code - Orange) and the other,that is created by Adventure Monk (Colour Code - Blue). Promo Codes created by Adventure Monk will apply on the Service Fee applicable on that particular Listing. Promo Codes created by Adventure Partners will apply on the Selling Price of that particular Listing and the Service Fee will apply after the discount. A maximum of two Promo Codes can be used in a single combination which will consist of one Promo Code from the Adventure Partner and the other Promo Code from Adventure Monk (Colour Code= Blue + Orange).
19. Adventure Monk Gift Cards
Adventure Monk Gift Cards (“Gift Cards”) are issued by Adventure Monk to Members which can be redeemed online for any available Listing on the website only.Gift Cards can be purchased by Members on the website using the following payment modes only - Credit Card, Debit Card and Net Banking. Gift Cards can be redeemed by selecting the Payment mode as Gift Card at the time of Check-Out. Gift Cards cannot be used to make bulk purchases on the Platform and cannot be clubbed with any/other discounts, offers, promo codes etc.
Gift cards can be received via email and post(additional charges applicable) and you are able to add a message(charges applicable by the characters in the message) to each Gift Card (optional) plus you are able to choose from different Gift Card themes. Adventure Monk reserves the right to run any Special Gift Card offers.
Gift Card Policy
- If the total price of the Listing exceeds the Gift Card amount, the balance must be paid by Credit Card/Debit Card/Internet Banking. The Cash on Delivery payment option cannot be used to pay the balance amount.
- If the order value is less than the amount of the Gift Card, the outstanding balance (after deduction of order value) will reflect under the same Gift Card and can be used for subsequent transactions.
- Gift Cards are valid for a period of 12 months from the date of issuance.
- Gift Cards cannot be redeemed for Cash or Credit.
- Gift Cards issued to you on account of damaged, defective or missing products must not be transferred to any other account. Adventure Monk reserves the right to cancel such Gift Cards if the same have been found to be transferred to any other account.
- You are solely responsible for the safety and security of the Gift Cards. Adventure Monk is not responsible for any acts of omission or commission if Gift Card is lost, stolen or used without permission.
- Once the Gift Card has been sent to you, you are bound to protect the Gift Card PIN or Gift Card number as confidential. In the event of any misuse of the Gift Card due to loss of any such confidential details due to the fault of the purchaser, Adventure Monk shall not be responsible for the same and no refund will be issued.
- You can combine a maximum of 15 Gift Cards in a single order at the time of checkout. In case you wish to redeem more than 15 Gift Cards on a single order, please add the Gift Cards to your Shells.
- Adventure Monk assumes no responsibility for the products purchased using the Gift Cards and any liability thereof is expressly disclaimed.
- Gift Cards once purchased, cannot be cancelled by the Purchaser. Any cancellations shall be at the sole discretion of Adventure Monk.
- You can only purchase 100 Gift Cards in a 30-day period and the aggregate value of the Gift Cards purchased cannot be more than Rs. 100,000/- (Rupees One Lac only) in a month. Purchases exceeding these limits shall be cancelled automatically.
- Adventure Monk reserves the right to cancel Gift Cards if the same have been found to be purchased using fraudulent means. In such cases, the funds shall be credited back to the same source from where these were received.
- In the event that the beneficiary/Know Your Customer ("KYC") details as per RBI Guidelines are found to be incorrect/insufficient, Adventure Monk retain the right to cancel the Gift Card issued.
- You agree and understand that Gift Cards are a pre-paid payment instrument subjected to regulations by the RBI under the RBI guidelines. Adventure Monk may be required to share KYC details of the purchaser/ redeemer of the Gift Card and/or any other information with relation to the purchase of the Gift Cards and/or transaction undertaken using the Gift Card with RBI or such statutory authorities. Adventure Monk may contact the purchaser/redeemer of the Gift Card for any such information.
- Gift Cards cannot be reloaded or resold.
- Any offer on Gift Cards including offers by banks and instant cash backs could be withdrawn anytime at the sole discretion of Adventure Monk.
20. INSURANCE POLICY
Adventure Monk may, as per discretion purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of Adventure Monk, or is or was serving at the request of Adventure Monk as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against any liability asserted against him or her and incurred by him or her in any such capacity, or arising out of his or her status as such, whether or not the corporation would have the power to indemnify him or her against such liability under the provisions of the laws of India. (See also, Limitation of Liability and Indemnification). Adventure Monk also makes available third-party insurances to Guests, Adventure Partners and Adventure Professionals in which case, Adventure Monk shall neither be responsible nor liable for the same as these insurances will be governed by the Terms and Conditions as put forth by the third-party insurers.
21. ENVIRONMENT POLICY
Adventure Monk upholds the preservation of nature and environment and takes all necessary efforts in the pursuance of same. Considering the nature of business as dealt by this website, Adventure Partners, Adventure Professionals and Guests recognise that their operations might cause some impact on the environment, either directly or indirectly. Accordingly, in performance of the Agreement, the Parties shall conduct themselves with due regard to concerns with respect to protection of the environment and comply with the requirements of applicable Indian laws and the reasonable requirements of the Government from time to time.
22. FEEDBACK
Adventure Monk welcomes and encourages Members to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). Members may submit Feedback by emailing us at adventuremonk.com@gmail.com. The Members acknowledge and agree that all Feedback will be the sole and exclusive property of Adventure Monk and any/all your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, and other proprietary or intellectual property rights therein is hereby irrevocably assigned to Adventure Monk.
- Rating
After the successful completion of each Listing/Booking, Guests and Adventure Partners both, have the opportunity to rate one another from *insert Rating Policy*, based on their level of satisfaction with regard to the Experience/Product Delivery.
An Adventure Partner’s overall rating may influence certain aspects of this Agreement as listed out in Deactivations, Terminations etc.
Ratings are anonymous. Neither Guests nor the Adventure Partner or even any other User can view individual ratings tied to a particular Experience/Product Delivery. Providing a rating fosters mutual respect between Guests and Adventure Partner. This strengthens our community and helps everyone maximize their satisfaction while using Adventure Monk Services.
Average calculation from first sale client rating/feedback/response.
- Comments
Adventure Monk encourages its Members to comment on Listings, of which they were a part of in any way or are connected with directly or indirectly, provided, that the comment so posted does not match the elements of the below-mentioned criteria:
- Comments that are excessively long *insert Limits*, irrelevant, or off-topic. Examples include, but are not limited to, spam, advertisements, and gibberish.
- Excessive or unnecessary profanity, obscenity, or words that are racist, sexist, homophobic, or hateful in any other way.
- Threats or encouragement of violence and/or other illegal behavior.
- Disclosure of personal and private information about any individual, including (but not limited to) those of the commentator or of any/other Member on the website.
- The comment is written under the name or username of an individual other than the commentator.
- If the comment policy is repeatedly violated on a single Listing, discussions on that Listing may be closed as deemed fit by Adventure Monk. If a commenter repeatedly violates the policy, whether on one or multiple Listings, that commenter may be banned from making further comments on the Adventure Monk website. The application of this policy, including decisions to delete comments, close commenting, or ban commenters, is at the sole discretion of Adventure Monk.
- Journals
A Journal is an online ‘diary’ that Members receive at the time of registration on the website, free of cost. However, if Members exceed the content limit of the same, they can avail another one for a 100 Shells. Members can choose to blog therein after the completion of their Listing(s) about their thoughts, which they can share on the Adventure Monk website if they wish to. If they decide to share the Journal on the website, other Members can Comment & Reply and Rate (count of number of ratings) on that Journal. Certain Tags and Hashtags may be added by default by Adventure Monk based on the information of the purchase made (Using Purchase Id). Additional 5 tags and 5#tags can be filled in by the uploading user. However, strict adherence must be placed on the Feedback Policy and the Privacy Policy.
Content of a Journal:
- Heading of any journal (50 Characters)
- Written body Content (1,500 words)
- Photos (max size full HD pxs; max uploads 36 photos). members can Rate the photos (count of number of ratings), comments & reply on the photos. A Photo Note for each photo (300 characters)
- Videos links can be Embedded from youtube links (10 links maximum).
23. DISABLING OF LISTINGS, DEACTIVATION AND SUSPENSION OF ACCOUNT
- Disabling of Listings by Adventure Partner
Any Adventure Partner may choose to disable their listings by going into the listings Tab and clicking on the option. They can make those Listings active or available again by notifying Adventure Monk.
- In the period of disability, Users won’t be able to search for or view the Listings. However, some information may remain visible to Members (example: unfinished/active Listings/Bookings).
- Some information, such as messaging history, isn't stored in the Listing. This means Users may still have access to messages sent by Adventure Partners after their Listing has been disabled.
- Copies of some material (example: log records) may remain in the Adventure database but is disassociated from personal identifiers.
Notwithstanding anything contained herein, Adventure Monk reserves the right to disable a Listing at any time if it is deemed fit. However, any/all remaining/pending dues, third party obligations, unfinished bookings, any/all levied penalties, etc. will be dealt as deemed fit by Adventure Monk post disabling of the Listing any which ways*.
- Deactivation of Account by Adventure Partner
Any Adventure Partner may choose to deactivate their Account by going into the Profile Tab and clicking on the option.
If an Adventure Partner deactivates their Account:
- They can reactivate it whenever they want by notifying Adventure Monk of the same.
- Users won’t be able to search the Adventure Partner’s Profile or view their Listings while the Account remains deactivated. However, some information may remain visible to Users/Members (example: unfinished/active Listings/Bookings).
- Some information, such as messaging history, isn't stored in the Account. This means Users may still have access to messages sent by Adventure Partners after their Account has been deactivated.
- Copies of some material (example: log records) may remain in the Adventure database but is disassociated from personal identifiers.
Notwithstanding anything contained herein, any remaining/pending dues, third party obligations, unfinished bookings, any/all levied penalties, etc. will be dealt with as deemed fit by Adventure Monk post deactivation of the Account.
- Deactivation of Account by Adventure Monk
Adventure Monk reserves the right to deactivate an Adventure Partner’s Account at any point if it is deemed fit due to reasons mentioned below:
- If the Shells in the Adventure Partner’s Purse and Passbook tab are reflected as -500, the Account shall be deactivated until the balance of Rs 500/- is paid up to Adventure Monk and any/all remaining dues are cleared.
- If the rating of an Adventure Partner and/or of their respective Listing(s) is below 2.1* for the first time, the respective Account or Listing will be deactivated and/or disabled for 7 days continuously, or a penalty of 500 Shells or Rs 250/- to be levied on the Adventure Partner as the case may be.
- If the rating of an Adventure Partner and/or of their respective Listing(s) is below 2.1* for the second time, the respective Account or Listing will be deactivated and/or disabled for 28 days continuously, or a penalty of 5,000 Shells or Rs 2,500/- shall be levied on the Adventure Partner as the case may be.
- If the rating of an Adventure Partner and/or of their respective Listing(s) is below 2.1* for the third time, the respective Account or Listing will be deactivated and/or disabled for 6 months continuously, or a penalty of 50,000 Shells or Rs 25,000/- shall be levied on the Adventure Partner as the case may be.
- If the Account of an Adventure Partner is deactivated for a fourth time due to the aforementioned reasons, then the Account shall be subject to either Suspension or Termination as deemed fit by Adventure Monk.
- Notwithstanding anything contained above, if an Adventure Partner Account remains deactivated for a period exceeding 2 years, the Account shall be automatically deleted by Adventure Monk. However, any/all remaining/pending dues, third party obligations, unfinished bookings, any/all levied penalties, etc. will be dealt with as deemed fit by Adventure Monk
- Suspension
deactivation of account or disabling of listing by Adventure Monk will be treated as suspension of the same for the period mentioned or for the time period as deemed fit by adventure monk.
24. DELETION OF ACCOUNT AND TERMINATION OF LISTING
- DELETION OF ACCOUNT AND TERMINATION OF CONTRACT BY ADVENTURE PARTNER
Any Adventure Partner may choose to delete their Account by going into the Profile Tab and clicking on the option.
- No access to any User/Member/Adventure Partner Content can be regained post deletion.
- Adventure Monk delays deletion a few days after it's requested. A deletion request is cancelled if the Adventure Partner emails or calls Adventure Monk to undo the cancellation.
- It may take up to 90 days (“Suspension Period”) to delete data stored in backup systems. The Adventure Partner content isn't accessible on the Adventure Monk website during this time.
- Some information, such as messaging history, isn't stored in the Account. This means Users may still have access to messages sent by Adventure Partners after their Account has been deleted.
- Copies of some material (example: log records) may remain in the Adventure database but is disassociated from personal identifiers.
Any remaining/pending dues, third party obligations, unfinished bookings, any/all levied penalties, etc. will be dealt with as deemed fit by Adventure Monk during the Suspension Period.
- DELETION AND TERMINATION OF LISTING BY ADVENTURE PARTNER
Any Adventure Partner may choose to delete their Listings by going into the Listings Tab and clicking on the option.
- No access to any User/Member/Adventure Partner Content can be regained post deletion.
- Adventure Monk delays deletion a few days after it's requested. A deletion request is cancelled if the Adventure Partner emails and calls Adventure Monk to undo the cancellation.
- It may take up to 30 days (“Suspension Period”) to delete data stored in backup systems. The Listing isn't accessible on the Adventure Monk website during this time.
- Some information, such as messaging history, isn't stored in the Listing. This means Users may still have access to messages sent by Adventure Partners after their Listing has been deleted.
- Copies of some material (example: log records) may remain in the Adventure database but is disassociated from personal identifiers.
Any remaining/pending dues, third party obligations, unfinished bookings, any/all levied penalties, etc. will be dealt with as deemed fit by Adventure Monk during the Suspension Period.
- TERMINATION AND DELETION OF ACCOUNT BY ADVENTURE MONK
25.1 Adventure Monk reserves the right to terminate this Agreement for any reason by providing 30 (Thirty) Business days’ (Suspension Period) Notice to the Adventure Partner:
25.1.1 Termination for Material Breach- Adventure Monk may terminate this Agreement with immediate effect by delivering Notice of Termination to the Adventure Partner, if
- the Adventure Partner fails to perform, has made, or makes any inaccuracy in, or otherwise materially breaches any of its obligations, conditions, or representations set out in these Terms and
- the failure, inaccuracy, or breach continues for a period of [02] Business Days' after the injured party delivers Notice to the breaching party reasonably detailing the breach.
25.1.2 Termination for Failure of Condition- Adventure Monk may terminate this Agreement with immediate effect by providing Notice of Termination to the Adventure Partner, if either
- any of the conditions precedent set out in these Terms have not been, or it becomes apparent that any such conditions will not be fulfilled by the Adventure Partner at a future date either, and
- such non-fulfillment was due to the failure of the Adventure Partner to perform or comply with any of its representations, warranties, covenants, or conditions to be performed or complied with, or
- any of the conditions specifically applicable to the Agreement have not been, or it becomes apparent that any such conditions will not be fulfilled by the Adventure Partner at a future date either.
25.2 Adventure Monk reserves the right to terminate this Agreement for any reason, at any time without providing any Notice to the Adventure Partner in certain cases as deemed fit. However, any remaining/pending dues, third party obligations, unfinished bookings, any/all levied penalties, etc. will be dealt with as deemed fit by Adventure Monkthe defaulting Adventure Partner any which ways*.
25.2.1 Termination for Insolvency. If either party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, the other party may terminate this agreement with immediate effect.
25.2.2 Termination Because of Law or Order. Adventure Monk may terminate this Agreement with immediate effect if
- there is or becomes any Law that makes the performance of the Terms of this Agreement illegal or otherwise prohibited, or
- any Governmental Authority issues any Notification/Regulation/Guidelines/Order restraining or enjoining the transactions under this agreement.
25.2.3 Termination in cases of misconduct, any legal action against the Adventure Partner by the Guest or any other Individual/group, or in case of death of either of the contracting parties, the fate of the Agreement shall be decided solely by the discretion of Adventure Monk.
TERMINATION OF THIS AGREEMENT WOULD LEAD TO AUTOMATIC DELETION OF THE ADVENTURE PARTNER ACCOUNT ON THE WEBSITE AND SEVERING OF ANY/ALL TIES WITH ADVENTURE MONK.
- TERMINATION AND DELETION OF LISTING/BOOKING BY ADVENTURE MONK
25.1 Adventure Monk reserves the right to terminate a Listing/Booking for any reason, at any time without providing any Notice to the Adventure Partner as deemed fit by Adventure Monk. However, any remaining/pending dues, third party obligations, unfinished bookings, any/all levied penalties, etc. will be dealt with the defaulting Adventure Partner any which ways*.:
25.1.1 Termination for Material Breach- Adventure Monk may terminate any Listing/Booking with immediate effect, if the Adventure Partner fails to perform, has made, or makes any inaccuracy in, or otherwise materially breaches any of its obligations, conditions, or representations set out in these Terms.
25.1.2 Termination for Failure of Condition- Adventure Monk may terminate a Listing/Booking with immediate effect, if either
- any of the conditions precedent set out in these Terms have not been, or it becomes apparent that any such conditions will not be fulfilled by the Adventure Partner at a future date either, and
- such non-fulfillment was due to the failure of the Adventure Partner to perform or comply with any of its representations, warranties, covenants, or conditions to be performed or complied with, or
- any of the conditions specifically applicable to the Agreement have not been, or it becomes apparent that any such conditions will not be fulfilled by the Adventure Partner at a future date either.
25.2.2 Termination Because of Law or Order. Adventure Monk may terminate a Listing/Booking with immediate effect if
- there is or becomes any Law that makes the execution of a Listing/Booking illegal or otherwise prohibited, or
- any Governmental Authority issues any Notification/Regulation/Guidelines/Order restraining or enjoining the transactions under a Listing/Booking.
TERMINATION OF A LISTING/BOOKING WOULD LEAD TO AUTOMATIC DELETION OF THE LISTING/BOOKING ON THE WEBSITE.