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.
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.
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.
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.
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.
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
SHIPPING AND DELIVERY OF PRODUCTS
PERMITS AND LICENSES
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 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 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)
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.
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 email@example.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.
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.
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
II. Cancellation for On Demand, Educational, Corporate Tours
III. Cancellation for Fixed Departure Activities
IV. Cancellation for On Demand, Educational, Corporate Activity
V. Cancellation of Products
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 firstname.lastname@example.org 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
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.
Please see Cancellation Policy for more clarity.
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 (“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
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 email@example.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.
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.
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:
Content of a Journal:
HIRING OF ADVENTURE PROFESSIONALS
DISABLING OF LISTINGS, DEACTIVATION AND SUSPENSION OF ACCOUNT
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*.
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.
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:
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
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.
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.
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.
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
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.
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 firstname.lastname@example.org 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 email@example.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.
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.
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
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
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.
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.
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.
The Members undertake not to disclose (whether in writing, verbally or by any other means of communication) to any person whosoever:
However, this Clause shall not apply to:
*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.