- FindmyOuting Terms and Conditions
1.1 This Terms & Conditions is legally binding between person accessing website or downloading app (which expression shall include its successors and assigns). which operates from its registered office located at: 8/4115, V K Heights, 26thMain Road, 9th Block, Jayanagar, Bengaluru – 560102, KARNATAKA, INDIA.
- By accessing this website or downloading this application you shall be giving your consent to defined terms & conditions & will be bound by existing Information technology Act 2000 / 2008 & Rules defined and other law as applicable in India.
- These Terms constitute an 'electronic record' within the meaning of the applicable law (including the Information Technology Act, 2000, IT Act 2008 Amendment) and is generated by a computer system and does not require any physical or digital signatures.
2.1 Service provided by Findmyouting is to provide platform in order to bring customers and those resorts providing experience, adventure camp and allied services with findmyouting partners/vendors.
2.2 User - states any person who has attained majority under Indian Law and any other country law, who has registered with the website or downloaded application on mobile in order to utilize the services provided by Findmyouting.
Please read these Terms carefully before you use the Application or any Service offered by Findmyouting through the Application. These terms control the relationship between Findmyouting and you. They do not create any third-party beneficiary rights.
- 4.ACCESS AND USE
4.1 This Website, the domain name (www.findmyouting.com), subdomains, features, contents and application services, logos, pictures offered periodically by Findmyouting in connection therewith are owned and operated by Findmyouting.com.
4.4 If you link to is Website, Findmyouting.com may revoke your rights to so link at any time, at Findmyouting’s sole discretion. Findmyouting reserves the right to require prior written consent before linking to this Website.
- Website and Content
5.2 If Findmyouting agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. Findmyouting may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
5.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party data or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
- Findmyouting’sLiability for the Website and Content
6.1 Findmyouting cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. Findmyouting cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
6.2 Under no circumstances will Findmyouting be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
- 7. INTELLECTUAL PROPERTY
7.1 The format and content included on the web site / application, including logo, graphics, button icons, video, audio, digital data, text and software is the property of FINDMYOUTING and is protected by Indian and international Intellectual & copyright and authors' right.
7.2 All rights are reserved in relation to any trademarks registered and unregistered licensed or owned by FINDMYOUTING which exist on website / application.
7.3 Web site or application or any part of web site / application should not be copied, downloaded or sold or otherwise used for any commercial / Non commercial purpose without express written consent of FINDMYOUTING.
7.4 You acknowledge and agree that the website / application, the Services, including without limitation any content available on the website / application and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and will remain, the property of Findmyouting and its licensors, as applicable. All content related to Findmyouting corporate and business activities embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Findmyouting or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement and assembly) of any and all content on the Application and Services is also the exclusive property of the Findmyouting and is protected by applicable laws.
7.5 All software used on the website / application and the Services is the property of Findmyouting or its licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Application or the Services is strictly prohibited.
7.6 All Findmyouting graphics, logos and service names are trademarks of the Findmyouting or its affiliates. Findmyouting’s trademarks should not be used in connection with any product or service that is not Findmyouting's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Findmyouting. The logos and trademarks of third parties on the Application belong to respective third parties / brands and Findmyouting has no connection whatsoever with such third parties / brands.
- 8. Users Representations, Warranties and Undertakings
8.1 You represent, warrant and undertake to Findmyouting that you will not provide any User Data or otherwise use this Website or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Findmyouting’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Findmyouting; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
8.2 Removal of User Data
- Findmyoutingreserves the right to remove any User Data from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Findmyouting is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
- Responsibility for UserData
9.1 You remain solely responsible for all User Data that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website.
9.3 You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to Findmyouting that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via this Website or Mobile Application; (c) use this Website or Mobile Application for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run mail list, listserv, or any other form of auto-responder, or "spam" on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Website’s infrastructure; or (g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of this Website; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
9.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
10 Registration and Security
10.1 Opening of the Findmyouting Account. While using the Services, you may be required to open and maintain an account with Findmyouting.com (“Findmyouting Account”).
10.2 As a condition to using some aspects of the Services, you may be required to register with Findmyouting and select a Username and Password (“Findmyouting User ID”). If you are accessing the Services through a Third Party Website or service, Findmyouting may require that your Findmyouting User ID be the same as your user name for such Third Party Website or service.
10.4 You represent that you shall not: (a) Select or use as a Findmyouting User ID a name of another person with the intent to impersonate that person; or (b) Use as a Findmyouting User ID a name subject to any rights of a person other than you without appropriate authorization.
10.5 Findmyouting reserves the right to refuse registration of or to cancel a Findmyouting Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
- 11. Booking Confirmation, Fees and Payment
11.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Website is solely for reference only. Actual time required for confirmation may vary.
11.2 Findmyouting reserves the right to require payment of fees or charges for any Services offered by Findmyouting. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you.
11.3 Findmyouting reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website. Your use, or continued use, of the Services offered by Findmyouting following such notification constitutes your acceptance of any new or revised fees or charges.
11.4 Findmyouting reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Findmyouting’s sole discretion.
11.5 Findmyouting intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
11.6 Whilst the Operators are required to provide Findmyouting with accurate and updated prices of the Services on this Website, Findmyouting cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
11.7 The above terms and conditions & return policies are applicable to all Findmyouting users worldwide.
12.1 (meaning Indemnify. v. to guarantee against any loss which another might suffer. Example: two parties settle a dispute over a contract, and one of them may agree to pay any claims which may arise from the contract, holding the other harmless).
12.2 You agree to indemnify, defend and hold harmless Findmyouting, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the website / application and Services; (ii) any breach of these Terms; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or misconduct. These obligations will survive termination of these Terms.
12. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION OR SERVICES IS AT YOUR SOLE RISK AND DISCRETION.
THE APPLICATION IS LICENSED TO YOU "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. Findmyouting AND/ OR ITS AFFILIATES GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION OR SERVICES. Findmyouting AND/ OR ITS AFFILIATES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
FINDMYOUTING LLP MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION OR SERVICES; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION AND/ OR SERVICES; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/ OR SERVICES; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AND/ OR ANY SERVICE AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR SERVICES; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE APPLICATION AND/ OR SERVICES; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION AND/ OR SERVICES. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION AND/ OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Findmyouting OR ANY PARTY OR THROUGH THE APPLICATION/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
WHILST FINDMYOUTING WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, FINDMYOUTING WILL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/ OR STORAGE OF INFORMATION TO OR THROUGH Findmyouting THAT MIGHT OCCUR FROM TIME TO TIME INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU WILL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION/ OR SERVICES.
13. Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance will Trade Pass or its affiliates, their respective directors, employees or agents be liable to you or any third party for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if Trade Pass or any or all of its agents have been advised of the possibility of such damages. Not withstanding anything to the contrary, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the amount paid by you, if any, for using any Services giving rise to the cause of action or Rupees one thousand only (Rs. 1000), whichever is lesser.
- 14. Interaction with Third Parties
14.1 This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Findmyouting, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Findmyouting of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
14.3 Findmyouting has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Findmyouting will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Findmyouting harmless from any and all liability arising from your use of any Third Party Website.
14.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
14.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
15 Findmyouting’s Responsibility
15.1 You agree that Findmyouting shall not be responsible or liable for any loss or damage of any sort incurred as part of event in resort or adventure camp and other allied services. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Findmyouting is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Findmyouting, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
- 16. Payment
16.1 In order to ensure adequate operational support for customers in respect of refunds and cancelations (where applicable), Findmyouting entities shall be responsible for transactions conducted in the following currencies:
(a) in respect of transactions conducted in Indian Rupees, Findmyouting Private Limited.
- 17. Termination
17.2 Effects of Termination
(meaning: A Force Majeure clause (French for "superior force") is a contract provision that allows a party to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.) Findmyouting will not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Findmyouting's reasonable control.
19.Governing Law and Arbitration
19.1 These Terms are governed by and shall be construed in accordance with the contact law, Information Technology Act 2000, 2008 & further rules & other laws of India without respect to its conflict of laws’ provisions.
19.2. Disputes, if any, shall be attempted to be resolved amicably. Unresolved disputes shall be referred to an independent, sole arbitrator in Bangalore appointed by Company in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the Courts in Bangalore Urban District.
If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
© 2019 Findmyouting Private Limited. All Rights Reserved.