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Terms and Conditions, Privacy Policy and Terms of Use

Terms and Conditions, Privacy Policy and Terms of Use

 

Adventure Monk Services Private Limited (hereinafter referred to as "Adventure Monk") is  an online domain bringing together customers/clients (hereinafter referred to as “Guests”) and  individuals/entities having knowledge, experience and conduct to sell a particular travel destination/activity or adventure/cultural/experiential travel (hereinafter referred to as "Experiences"), or to facilitate the provision and delivery of travel and indigenious products or adventure and sports equipment (hereinafter referred to as “Products”), collectively referred to as the "Services". 

The Services are accessible at https://www.adventuremonk.com and any/other websites through which Adventure Monk may specify/direct and any related application(s) (collectively, the "Site"). By using the Services,  the user agrees to comply with and be legally bound by the Terms and Conditions (hereinafter referred to as “Terms”) provided here under. These Terms govern the access and usage of the Site,  the Services contained therein and constitute a binding legal agreement between the user and Adventure Monk.

Adventure Monk does NOT manufacture, own, sell, resell, rent, furnish, provide, manage and/or control any transportation, tour or travel services or products.

Please carefully read these Terms before proceeding towards registration. If you do not agree to these Terms, you have no right to obtain information from our platform or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.

 

Services

The Services can be used to facilitate the listing, reviewing, searching, comparing of Listings, meeting other people, entering contests and Booking of Experiences/Products. You may view Listings as an unregistered visitor to the Services; however, if you wish to book or create a Listing, you must either register to create an Account at the Adventure Monk website. As stated above, Adventure Monk only makes available a platform or marketplace with related technology for Guests, Adventure Partners and Professionals to meet online, write reviews, search, compare, enter contests and arrange for Bookings of Experiences/Products. Adventure Monk is not an operator of Experiences/Product Deliveries nor is it a provider of Experiences/Product Deliveries and Adventure Monk does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services.

For any kind of visa, inner line permits, forest department or government permissions and tickets to entertainment parks which are part of your itinerary, please check with the Adventure Partner or plan them in advance. Adventure Monk does not provide these services or checks any of these services. Adventure Monk only facilitates Booking of Listings and does not take any guarantee of any kind of permissions or tickets required for the Experiences/Product Delivery. In case you miss and do not have required documents due to which you are not able to complete your Experience/Product Delivery, neither Adventure Monk nor the Adventure Partner will be liable for the same.

Adventure Monk 's responsibilities are limited to: facilitating the availability of the Services and serving as the limited agent of each Adventure Parter for the purpose of accepting payments from Guests on behalf of the Adventure Partner.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF GROUP TOURS. ADVENTURE MONK CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LISTINGS/BOOKINGS. ADVENTURE MONK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOOKINGS.

KEY TERMS 

  1.  "Adventure Monk’s Content" means Content that Adventure Monk makes available through the Services, including any Content licensed from a third party, but excluding Member Content.
  2. "Adventure Partner" means a Vendor duly registered with Adventure Monk to provide Experiences/Products as specified by the Listings. 
  3. "Content" means text, graphics, images, music, software (excluding the Application and Site), audio, video, information or other materials as may be specified by Adventure Monk.
  4.  "Collective Content" means Member Content and Adventure Monk Content.Certain aspects of the Services or Collective Content may have different terms and conditions or may require an additional agreement between the Vendor and Adventure Monk. If there is any repugnancy between these Terms and the additional terms and conditions specified for that particular portion of the Services/Collective Content, the additional terms and conditions shall be adopted with respect to the usage of or access to that particular portion of the Services/ Collective Content. 
  5.  "Contract" shall mean the agreement between the Vendor and Adventure Monk, duly signed by the parties, or through their authorized representatives, for the execution of the work as described under Services and all terms and conditions mentioned therein under.
  6.  "Force Majeure" shall have the meaning ascribed in the Unforeseen Circumstances Clause.
  7. "Listing" means an activity relating to a particular travel destination or adventure/cultural/experiential travel (Experiences) or provision, rental or delivery of a travel/indigenious products or adventure/sports equipment (Products) that is listed by an Adventure Partner on the website as available for opting under the Services defined.
  8.  "Member" means a person who completes Adventure Monk’s account registration process, either as an Adventure Partner, a Guest or and Adventure Professional, as described under "Account Registration" below. 
  9. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
  10. “Organization Head” - means the individual who will be the communication point for Adventure Monk and Guests. This individual will also be held responsible for dealing with the Guests and shall be registered with  an Adventure Professional Account.
  11. “Selling Price” is the amount due and payable by a Guest solely relating to an Adventure Partner’s Listing are the "Listing Selling Price".
  12.  "Tax" or "Taxes" shall include any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. 
  13. “User” shall mean any visitor/Vendor or an Adventure Partner, an Adventure Professional or a Guest viewing the contents of the website.
  14.  "Vendor" means collectively, all persons, firms, companies or any other organisations, including the Vendor, with whom Adventure Monk has entered into a Vendor Agreement

 

MODIFICATIONS AND ALTERATIONS

Adventure Monk reserves the right to modify or alter the Services or any part/portion of it  at any time and without prior notice, as per discretion. In such a case, the modification(s)/alteration(s) so made shall be notified on the Site or the application(s) or via the Services. A "Last Updated Date" shall be displayed at all times at the top of these Terms to indicate when the changes were last made. If the User continues to use the Services after the notice of modification, it shall be assumed that the User accepts and consents to be bound by the new Terms. If the modified/altered Terms are not acceptable to the User, the sole recourse shall be cessation of Services or termination of the Contract, as applicable in the case.

 

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

  1. 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.
  2. 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. 
  3.  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.
  4.  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. 
  5. 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.


 

REFERRAL, 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.

 

  1. 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.

 

  1. 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. 

 

  1. 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.


 

SERVICE FEE

  1. 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. 
  2. 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.

 

TAXES

You understand and agree that you are solely responsible for determining any/al; applicable Tax reporting requirements in consultation with your tax advisors (if any). Adventure Monk cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Adventure Partner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

 

LISTINGS

  1. 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.
  2. 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. 
  3.  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. 
  4.  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.
  5.  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).
  6.  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

  1. B2B will be applicable only for bulk purchases by Members.
  2. 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. 
  3. 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. 
  4.  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.
  5.  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 . 
  6.  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

  1. The Adventure Partner is solely responsible for the packaging of the Product before Shipping. 
  2.  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.
  3.  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.
  4. 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.
  5.  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.
  6.  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.
  7.  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

  1. 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.
  2. 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. 
  3. 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.


 

BOOKINGS 

  1. 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.
  2. 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).
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.


 

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.


 

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.

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)

 

TERMS OF PAYMENT

All payments shall be made after the successful execution of the Booking i.e the completion of the Experience/Product delivery. The payment made will be after deduction of the Service Fees that is 20% or as mutually agreed upon between Adventure Monk and the particular Adventure Partner.

Each Adventure Partner agrees that payment made by a Guest to Adventure Monk shall be considered the same as a payment made directly to the Adventure Partner and the Adventure Partner will make the Booking available to Guests in the agreed upon manner as if the Adventure Partner has received the Payment. Adventure Monk shall withhold payment to the Adventure Partner after the completion of the Experience/Product delivery in case of default or dispute in any of the Bookings.

Payments will be remitted by Adventure Monk to Adventure Partners through netbanking as made available on the Site or via the Application, or as mutually agreed upon later by Adventure Monk and the Adventure Partner. All transfer requests must be made by the Adventure Partner through the Purse and Passbook tab in the Dashboard. All costs relating to their respective banks to be borne separately by the Parties. (Note: Adventure Monk is not responsible for any delays in remittance owing to differences in banks, currency, location, etc).

Once the Booking is successfully completed, the Booking amount will be reflected within (fifteen) 15 days in the Purse and Passbook tab of the Adventure Partner on the website. The Adventure Partner must ensure that the correct amount is reflected. In case of any technical difficulties or in case the amount fails to show on the tab, the Adventure Partner must contact adventuremonk.com@gmail.com at the earliest.

Once the amount is reflected, there will be an option shown on the website to generate a transfer request. On requesting transfer, the amount will be transferred to the Adventure Partner’s bank account provided by them at the time of sign-up. Adventure Monk will pay the Net Amount (defined as being the selling price minus the Service Fee) to your nominated bank account. We are responsible for emailing the Guest with a booking receipt for their payments. You are responsible for emailing any documentation, other necessary details and vouchers to the Guests. Adventure Monk will invoice you for each successfully ended booking. 

In case of incorrect payments/cancellations/returns being made or technical errors/bugs beyond the sphere of control of Adventure Monk or Adventure Partner or the Guests shall be dealt with appropriately by Adventure Monk.

Notwithstanding the foregoing, Adventure Monk serves as the limited authorized agent of the Adventure Partner solely for the purpose of accepting payments from the Guests on behalf of the Adventure Partner and is responsible for transmitting such payments to the Adventure Partner, subject to these Terms. However,  the Adventure Partner shall be responsible and liable for any/all acts and omissions with regard to Payments.

 

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.


 

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:

 

I.  Cancellation for Fixed Departure Tours

  1. 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.
  2. 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. 
  3. 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. 
  4. 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. 
  5. 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.)
  6. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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. 
  5. 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.)
  6. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.)
  6. 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

  1. 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. 
  2. 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.
  3. 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.
  4. 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. Contact Adventure Monk at adventuremonk.com@gmail.com at the earliest. 

 

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.

 

 

RETURNS OR REFUNDS

  1. 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.

 

  1.  Return will be processed only if:

 

 Please see Cancellation Policy for more clarity.

 

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).

 

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

 

 

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. 

 

  1.  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.


 

  1. 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:

 



 

  1. 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:


 

HIRING OF ADVENTURE PROFESSIONALS 

  1. 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. 
  2. 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.
  3. 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.
  4. Payments made to Adventure Professional by Adventure Partners is solely to the discretion between Adventure Partner and Adventure Professional.
  5. 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).
  6. 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. 
  7.  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.
  8. Notwithstanding the foregoing, Adventure Monk serves as no agent between the Adventure Partner and the adventure professional.


 

DISABLING OF LISTINGS, DEACTIVATION AND SUSPENSION OF ACCOUNT 

  1.  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.

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*.

 

  1. 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:

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.

 

  1. 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:

 

  1. 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.


 

DELETION OF ACCOUNT AND TERMINATION OF LISTING

  1. 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.

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.

  1. 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.

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.

  1. TERMINATION AND DELETION OF ACCOUNT BY ADVENTURE MONK

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:

Termination for Material Breach-  Adventure Monk may terminate this Agreement with immediate effect by delivering Notice of Termination to the Adventure Partner, if

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

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*.

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.

Termination Because of Law or Order. Adventure Monk may terminate this Agreement with immediate effect if

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.

  1. TERMINATION AND DELETION OF LISTING/BOOKING BY ADVENTURE MONK

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*.:

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.

Termination for Failure of Condition- Adventure Monk may terminate a Listing/Booking with immediate effect, if either

Termination Because of Law or Order. Adventure Monk may terminate a Listing/Booking with immediate effect if

TERMINATION OF A LISTING/BOOKING WOULD LEAD TO AUTOMATIC DELETION OF THE LISTING/BOOKING ON THE WEBSITE.

 

 

DURATION AND RENEWAL

  1. This Agreement shall be effective from the date of signing-up on the website (“Effective Date”) until Termination. 
  2. Renewal of Adventure Partner’s Accounts shall be the sole discretion of Adventure Monk.


 

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.



 

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.

 

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.

 

  1. 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.

 

  1. 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.

 

  1. 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

 

  1. 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.

 

  1. 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.)

 

  1. 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.)

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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”). 

 

  1. 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.

 


 

WRONG USAGE OF SERVICES

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Group Tours; "stalk" or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Guest or an Adventure Partner; offer, as an Adventure Partner, any Experiences/Products that you do not yourself have permission to provide (without limiting the foregoing, you will not list Experiences/Products as an Adventure Partner if you are serving in the capacity of an agent for a third party); offer, as an Adventure Partner, any Experience/Product that may not be provided pursuant to the terms and conditions of an agreement with a third party; register for more than one Account  on Adventure Monk or register an Account on behalf of an individual other than yourself; contact an Adventure Partner for any purpose other than asking a question related to a Listing/Booking, such Adventure Partner’s Listings; contact a Guest for any purpose other than asking a question related to a Listing/Booking or such Guest's use of the Services; when acting as a Guest or otherwise, recruit or otherwise solicit any Adventure Partner or other Member to join third party services or websites that are competitive to Adventure Monk , without Adventure Monk's prior written approval (for clarity and without diminishing any of = "Adventure Monk " | 's rights to enforce these Terms, Adventure Monk may cancel such offending Member's Account, permanently block such Member from access to the Services, and take any legal action Adventure Monk deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law); impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer's Listing); use automated scripts to collect information or otherwise interact with the Services; use the Services to find an Adventure Partner or Guest and then complete a Booking of an Experience/Product transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Adventure Monk 's provision of the Services; as an Adventure Partner, submit any Listing with a false or misleading information, or submit any Listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that:infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;is fraudulent, false, misleading or deceptive;is defamatory, obscene, pornographic, vulgar or offensive;promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;is violent or threatening or promotes violence or actions that are threatening to any other person; or promotes illegal or harmful activities or substances; systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame any portion of the Services, or any individual element within the Services, Adventure Monk 's name, any Adventure Monk trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Adventure Monk 's express written consent; access, tamper with, or use non-public areas of the Services, Adventure Monk's computer systems, or the technical delivery systems of = "Adventure Monk " | 's providers; attempt to probe, scan, or test the vulnerability of any Adventure Monk  system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Adventure Monk or any of Adventure Monk 's providers or any other third party (including another user) to protect the Services or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.


 

REPRESENTATION AND WARRANTIES

THE ADVENTURE PARTNER REPRESENTS AND WARRANTS THAT ANY LISTING THAT THEY POST WILL NOT BREACH ANY AGREEMENTS THEY HAVE ENTERED INTO WITH ANY THIRD PARTIES (SUCH AS ANY AGREEMENTS WITH OR RULES OF EMPLOYERS OR LOCAL TOURISM AGENCIES) AND WILL BE IN COMPLIANCE WITH ALL APPLICABLE LAWS, TAX REQUIREMENTS, AND RULES AND REGULATIONS THAT MAY APPLY TO ANY LISTING INCLUDED IN A LISTING POSTED, INCLUDING, BUT NOT LIMITED TO, TOURISM, TOUR GUIDE LICENSING LAWS, AND OTHER LAWS GOVERNING EVENTS AND TOURS OF PUBLIC SPACES AND OTHER VENUES AND NOT IN CONFLICT WITH THE RIGHTS OF THIRD PARTIES. 

 

DISPUTES 

Any disputes/objections/issues must be first raised by the Adventure Partner by an email to Adventure Monk at the earliest possible time of the occurrence/incidence but not exceeding 7 (seven) days (“Grievance Period”).  Thereafter, Adventure Monk and the Adventure Partner may try to amicably settle the disputes/objections/issues so raised within a period mutually decided upon (“Resolution Period”).

 

 

CONTROLLING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of India applicable to any/all contracts to be wholly performed within the National Capital Region of Delhi  and without regard to conflicts of laws or provisions. Any legal action or proceeding arising out of or relating to this Agreement, its Terms and any/or related documents may be instituted in the courts of the National Capital Region of New Delhi and the parties hereto irrevocably submit to the jurisdiction of such court in any action or proceeding. The Adventure Partner hereby irrevocably waives and agrees not to assert, by way of motion, as a defense, or otherwise, in every suit, action or other proceeding arising out of or based on this Agreement. In case of any repugnancy with the laws of the Adventure Partner’s country of residence or region of doing business, the laws of India shall prevail.  Nothing contained in this Clause will preclude Adventure Monk from applying for and obtaining any injunctive, prohibitory, equitable or other similar urgent or interim relief from a court of law against the Adventure Partner, if such judicial process is necessary to prevent serious and irreparable injury that may be caused to Adventure Monk.. 

 

OWNERSHIP OF CONTENT AND PROPRIETARY RIGHTS

Adventure Monk has the sole and exclusive ownership of the Services and Terms. Adventure Monk also exclusively owns the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Services and Terms, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. 

 

You agree to protect Adventure Monk’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Adventure Monk; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Adventure Monk’s Content in whole or in part except as expressly authorized by Adventure Monk.

 

To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe upon the rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, intellectual, statutory, or common law rights. Furthermore, if Adventure Monk receives any complaint of any infringement by any individual, User, Member, Guest, Adventure Professional or another Adventure Partner, it shall be dealt with as deemed appropriate by Adventure Monk.

 

YOU ACKNOWLEDGE THAT THE SERVICES CONTAIN ORIGINAL WORKS AND HAVE BEEN DEVELOPED, COMPILED, PREPARED, REVISED, SELECTED, AND ARRANGED BY ADVENTURE MONK AND OTHERS THROUGH THE APPLICATION OF METHODS AND STANDARDS OF JUDGMENT DEVELOPED AND APPLIED THROUGH THE EXPENDITURE OF SUBSTANTIAL TIME, EFFORT, AND MONEY AND CONSTITUTES VALUABLE INTELLECTUAL PROPERTY OF US AND SUCH OTHERS. YOU FURTHER ACKNOWLEDGE THAT THE SERVICES MAY CONTAIN INFORMATION WHICH IS DESIGNATED AS CONFIDENTIAL BY ADVENTURE MONK AND THAT YOU SHALL NOT DISCLOSE SUCH INFORMATION WITHOUT ADVENTURE MONK’S PRIOR WRITTEN CONSENT.

 

 

PROPRIETARY RIGHTS NOTICE

All trademarks, service marks, logos, trade names and any other proprietary designations of Adventure Monk used herein are trademarks or registered trademarks of Adventure Monk . Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.


 

REPRESENTATIONS REGARDING VENDOR/USER CONTENT

With regard to the Listings, the Adventure Partner is solely responsible and liable for the content contained therein. The Adventure Partner represents and warrants that they are the sole author of, own, or otherwise control all of the rights of their content or have been granted explicit permission from the rights holder to submit the same; that the content is not copied from or based in whole or in part on any other content, work, or website; that the content was not submitted via the use of any automated process such as a script bot; use of that content by Adventure Partner, third party services, and our and any third party users will not violate or infringe any rights of Adventure Partner or any third party; the content is truthful and accurate; and the content does not violate the Terms and Policies or any applicable laws for the time being in force.

 

The Adventure Partner hereby agrees to assume all risks associated with their content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure of information in the content that makes the Adventure Partner personally identifiable. While Adventure Monk reserves the right to remove any content it deems fit, it does not control actions or content posted by Users and does not guarantee the accuracy, integrity or quality of any content posted on the website whatsoever. You acknowledge and agree that any content posted by Users and any and all liability arising from such content is the sole responsibility of the User who posted the content, and not Adventure Monk.


 

THIRD PARTY CONTENT AND EXTERNAL LINKS

Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services. Please note that the use of such third party services will be governed by the Terms and Privacy Policy applicable to the corresponding third party. Adventure Monk may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.

 

Adventure Monk  has no control over, and makes no representations or endorsements regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. Hence, in cases of any disputes later on, Adventure Monk shall not be liable for the same.

 

Adventure Monk reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the content accessible on the Services. Where appropriate, Adventure Monk may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. 

 

You acknowledge and agree that Adventure Monk is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

 

Third party content, including content posted by the Users, does not reflect Adventure Monk’s views or that of its subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is not endorsed or certified by Adventure Monk. Hence, Adventure Monk assumes no responsibility or liability for any third party content.

 

You further acknowledge and agree that Adventure Monk is not liable for any loss or damage which may be incurred by the User as a result of the availability of those external sites or resources, or as a result of any reliance placed on the completeness, accuracy or existence of any advertising, products or other materials on, or available from such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

 

The Services may contain links to third-party websites or resources. You acknowledge and agree that Adventure Monk is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Adventure Monk of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.


 

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADVENTURE MONK, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADVENTURE MONK MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ADVENTURE MONK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVENTURE MONK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY ADVENTURE MONK, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

 

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVENTURE MONK BE LIABLE TO THE USERS FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVENTURE MONK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING BY MEMBERS, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVENTURE PARTNER OR MEMBER WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ADVENTURE MONK'S REASONABLE CONTROL. IN NO EVENT SHALL ADVENTURE MONK BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.


 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Adventure Monk and affiliates and subsidiaries, and their officers, directors, employees and agents from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal and accounting fees) suffered or reasonably incurred by Adventure Monk arising as a result of, or in connection with: (i) User/Member/Collective Content, (ii)  unauthorized use of the Services, or Experiences/Products included or advertised in the Services; (iii) access to and use of the Services; (iv) violation of any rights of another party; or (v) breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in a Booking. Adventure Monk  retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. Adventure Monk reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. Adventure Monk will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


 

ASSIGNMENT

These Terms cannot be transferred or assigned by operation of law or otherwise, without Adventure Monk 's prior written consent. Any attempt by an Adventure Partner  to assign or transfer these Terms, without such consent, will be null and of no effect and might also attract penalties on the Adventure Partner as deemed fit by Adventure Monk. Adventure Partner may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.


 

NOTICES

Any Notices or other communications permitted or required hereunder, including but not limited to those regarding modifications of these Terms, will be in writing and given by Adventure Monk via email (in each case to the address provided by the Adventure Partner at the time of signing-up) or by posting on the Site or via the Application. For notices made by E-mail, the date of receipt will be deemed the date on which such Notice is conveyed.


 

CONFIDENTIALITY

The Members undertake not to disclose (whether in writing, verbally or by any other means of communication) to any person whosoever:

  1. any of the Terms of this Agreement;
  2.  any information termed as ‘Confidential Information’ under this Agreement; and
  3. any communications, arrangements or dealings between the Adventure Partners, Adventure Professionals, Guests or any other Members in connection with this Agreement and any matter, cause, issue or thing whatsoever relating to this Agreement.

However, this Clause shall not apply to:

  1. any disclosure which any Member is required to make pursuant to and in accordance with any applicable Indian laws or regulations, to which such Member is subject provided that such disclosure is made in a form agreed between the Parties;
  2.  any information which has entered the public domain without any breach by the disclosing Member of its obligations under this Agreement.



 

*YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR COLLECTIVE CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS.

 

 

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