Terms & Conditions
These Terms and Conditions ("Terms") govern the use of the Application (as defined below) by Users and the provision of Services via this Application to the Users by ExploreLifeTraveling Tours and Travels Private Limited ("ExploreLifeTraveling / We / Company / us").
These Terms, the Application and / or the Services may be changed at any time without any prior notice to You. Your continued use of the Application and/or the Services after any such change constitutes Your acceptance of the new terms, Application or Services. If You do not agree to abide by these Terms or any future terms, please do not use the Application or the Services.
It is hereby acknowledged and agreed by both ExploreLifeTraveling and the User that these Terms constitute an agreement between ExploreLifeTraveling and the User.
"Application" means this software application named 'Explore' or any other application launched by us which the Users may download on their personal mobile device or any other smart devices (not limited to i-pads, tablets, notebooks etc), or the website -http://www.explorelifetraveling.com/, via which Users can access the Services.
"Personal Data" means such information that is capable of identifying the User and which may be considered to be personal / sensitive information as per applicable law including the following kinds of information; (i) name, (ii) age, (iii) date of birth, (iv) email address, (v) address, (vi) phone numbers, (vii) password, and (viii) geo location information.
"Services" means [browsing and reservation services in relation to lodging accommodation for unique experience stays and/or listing services including managing bookings for hosts and other related services offered to You by us via the Application].
"User" or "You" or "Your"(and variations of the term) mean any person who accesses the Application.
"User Content" means any content or information posted by the User on the Application using the Services .
Registration and use of the Application / Services
You represent that You are of the legal age of majority and can enter into binding contracts. If you do not satisfy this criteria, please do not download the Application.
All Users will be required to download the Application and register on the Application for the purpose of using Services. The User will be required to provide a mobile phone number (which will be verified by Us) and a name and profile picture at the time of registration on the Application.
Upon downloading the Application, Servicesmay be available to You.
Each User is responsible for maintaining the secrecy of any passwords, login name/user-id and account information in relation to the Application at all times and shall be personally responsible for any and all use of the Application by such User and anyone using such User's login information and password whether with or without the User's permission.
Use of the Application and User Content
Subject to the Terms set forth herein, ExploreLifeTraveling grants to each User a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Application, the Services for the User's personal (and not commercial) use.
You may not use the Application:
for any purpose that is unlawful, illegal or forbidden by law.
In any manner that harms ExploreLifeTraveling, its directors, employees, affiliates, distributors, partners, service providers, and / or any other User of the Application
to remove any copyright and other proprietary notices contained in any content on the Application.
to transfer the content to any other person unless the User gives such person notice of, and such person agrees to accept, the obligations arising under these Terms.
to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Application and / or Services other than as agreed in the Terms.
to gain access to Our servers / User Content in an unauthorized or illegal manner.
to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material.
in any manner other than as agreed in the Terms.
You are responsible for the User Content that You upload, post, transmit or otherwise make available on the Application. You acknowledge that ExploreLifeTraveling does not endorse any User Content on the Application and is not responsible or liable for any User Content.
ExploreLifeTraveling may, at its sole discretion, at any time and without prior notice or liability, suspend, terminate or restrict any User's access to all or any component of the Application and the Services; or remove any User Content that violates these Terms or the rules of any groups that the User Content maybe posted in.
As a matter of convenience to Users, We may provide links to various third party websites on the Application. If a User uses any of these links, such User may be directed/redirected to such external website and may leave the Application.
If You decide to visit any such external link, You agree to do so at your own risk, responsibility and liability. We make no warranty or representation regarding, and does not endorse, any website linked to the Application or the information appearing thereon or any of the products or services described thereon. We do not endorse or represent any service provider listed on the Application.
The information that we disclose about third parties is based on the information provided to us by such third parties including all rates, availability, description, pictures, booking conditions or accommodation policies. Any display of third party goods / services offered through the Application does not in any way imply, suggest, or constitute any reputation, sponsorship or approval by ExploreLifeTraveling of such third party(ies) services.
The User agrees that We are in no way responsible for the accuracy, timeliness or completeness of information obtained from these third parties and which may be posted on the Application. The User's interaction with any third party accessed through the Application is at the User's own risk, and We will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, cancellations, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from the User's interactions with such third parties or availing any goods / services from such third parties.
The User and We also agree that no third party (including the application store service providers) will be responsible for providing any services (including maintenance and support services) in relation to the Application.
All intellectual property in and to the Application / Services, any software, techniques and all processes used in connection with the Application / Services, belongs exclusively to ExploreLifeTraveling or its licensors(as the case may be).
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Application are the registered and unregistered Trademarks of ExploreLifeTraveling and/or its licensors or affiliates(as the case may be). All rights to such Trademarks are reserved.
The User acknowledges that the Application may contain information which is designated confidential by ExploreLifeTraveling and agrees that the User shall not disclose such information without ExploreLifeTraveling's prior written consent.
You hereby grant to ExploreLifeTraveling, a perpetual, irrevocable, worldwide, royalty free, non-exclusive license and right to access, store, use, copy, distribute, display, adapt, reproduce, sub-license (to any third parties for any purpose) and / or modify any User Content made available by You on the Application. To clarify, You agree that ExploreLifeTraveling shall have the right to sub-license the User Content made available by You, to other Users of ExploreLifeTraveling who are subject to these Terms.
You represent that you are the owner of / have obtained all relevant consents and approvals in order to post any User Content made available by You. ExploreLifeTraveling is not responsible or liable for any Content.
You acknowledge that ExploreLifeTraveling may share and disclose any User Content if required under law, or by an order passed by a court or other government authority / agency.
THE APPLICATION AND SERVICES PROVIDED ON THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPLORELIFETRAVELING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
EXPLORELIFETRAVELING MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE CONTENT ON THE APPLICATION / SERVICES WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO THE USER'S CIRCUMSTANCES; (B) THE APPLICATION / SERVICES WILL MEET ANY USER'S REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION OR SERVICES OFFERED THROUGH THE APPLICATION WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY GOODS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY THE USER THROUGH THE APPLICATION WILL MEET THE USER'S EXPECTATIONS.
THE APPLICATION CONTENT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. EXPLORELIFETRAVELING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY SUCH CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APPLICATION / SERVICES. THE USER ACKNOWLEDGES THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM OR INFORMATION SHALL BE AT THE USER'S SOLE RISK. EXPLORELIFETRAVELING DOES NOT ENDORSE OR REPRESENT ANY THIRD PARTY LISTED ON THE APPLICATION.
Limitation of Liability and Indemnity
SUBJECT TO APPLICABLE LAWS, EXPLORELIFETRAVELING (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARTNERS AND PROVIDERS) WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY INJURY, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE APPLICATION OR THE SERVICES), IN THE PROVISION OF THE SERVICES, OR (II) ANY USE OF THE APPLICATION OR CONTENT AVAILABLE ON THE APPLICATION, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY EXPLORELIFETRAVELING, OR ANY THIRD PARTY PARTNER OR SERVICE PROVIDER, EVEN IF EXPLORELIFETRAVELING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY, OR (B) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT A USER'S COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF THE USER'S ACCESS TO THE APPLICATION OR THE USER'S DOWNLOADING OF ANY CONTENT FROM THE APPLICATION.
SUBJECT TO APPLICABLE LAWS, IN ANY EVENT EXPLORELIFETRAVELING'S LIABILITY ARISING OUT OF THESE TERMS SHALL NOT EXCEED INR 100 (INDIAN RUPEES ONE HUNDRED ONLY).
You hereby indemnify, defend, and hold ExploreLifeTraveling and its affiliates, licensors and partners and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Application / Services (ii) Your breach of provisions of these Terms and (iii) any negligent or intentional wrongdoing on Your part.
Your violation of these Terms may result in ExploreLifeTraveling suspending or terminating your account. ExploreLifeTraveling may also terminate your account and the Services if so required under any applicable law.
ExploreLifeTraveling may also, at its sole discretion ban Your access to the Application by blocking Your IP address and / or email address. ExploreLifeTraveling also reserves the right to initiate appropriate civil or criminal action against You in the event of violation of these Terms or applicable law.
You agree that ExploreLifeTraveling may, at its sole discretion, terminate or suspend Your user account on the Application with or without notice and for any reason.
Upon User account termination or suspension, regardless of the reasons, Your right to use the Application, User Content or Services immediately ceases, and you acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Application. ExploreLifeTraveling shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of Your User account or any other actions taken by Us in connection with such account termination or suspension.
Additional Terms and Conditions
You may not assign or otherwise transfer the Application or your rights or obligations under these Terms. ExploreLifeTraveling may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to You.
Usage of the Application following the posting of notice of any modification will be subject to the Terms in effect at the time of usage. If a User objects to these Terms or any subsequent modifications to these Terms or become dissatisfied with the Application and/or the Services in any way, the User's only recourse is to immediately terminate use of the Application and/or the Services.
If any of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will continue to remain valid and enforceable.
These Terms, together with those agreements and policies made a part of these Terms by reference, make up the entire agreement between ExploreLifeTraveling and the User relating to such User's use of the Application and the Services.
The laws of the India, without regard to its conflict of laws rules, will govern these Terms, as well as the observance of such Terms by ExploreLifeTraveling and the User them. If the User takes any legal action relating to your use of the Application or these Terms, the User agrees to file such action only in the courts located in Bangalore, India. In any such action or any action ExploreLifeTraveling may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.
To the extent that the Application is downloaded from any application store, provided by third parties, the User agrees and acknowledges that any terms and conditions set forth by such third party store will be applicable to the User and their actions in relation to downloading and using the Application / Services.
Each User acknowledges that such User has read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
If You have any questions or concerns regarding these Terms or the Application, please contact us at: firstname.lastname@example.org
Last updated on: September 25, 2015