“Company”; “Hopintown”; “us”; “we”; “our” shall mean Koolrootz Interactive Private Limited, a Company registered under the Companies Act, 2013 having its registered office at C- 205, 2nd Floor, Gardenia, Thakur Village, Kandivali [East], 400101.
“Register” shall mean Registering to the Website to avail [the Services provided by the Website.
“Services” shall mean and include Services of making available under one platform various experiential products including but not limited to [•••].
“Service Provider” shall mean the Service Providers enrolled with the Website for extending Services to Users.
“Users” shall mean Users that visit and access the Website and Register to avail of the Company’s Services.
“Website” shall mean www.hopintown.com, owned, operated and managed by us.
“You” or “Your” or “Yourself” refers to the Users or viewers of this Website.
2. SCOPE OF SERVICES
Website is to provide experiential Services that are aggregated or co-created by Service Providers to the Users. Your use of this Website and the Services provided by the Website is at your own risk.
3. SERVICES DESCRIPTION & AVAILING SERVICES
You shall be able to review all the Services available on the Website, but to avail the Services you need to Register to the Website.
Once you Register to the Website, you shall be eligible to book any Services subject to realisation of payment, which are displayed by Service Providers on the Website. You understand and acknowledge that it is your responsibility to get all information about each Service before you book such Services.
Before You make payment to avail any Services provided by a Service Provider, please make sure You fill in correct data such as number of persons, location, dates, timings etc.
You understand and acknowledge that pictures, photographs displayed on the Website by the Service Provider and the experience that you get may vary due to location, timing, climate, weather, holiday, crowd or any other reason which is beyond the control of Service Provider and/or of the Website. You understand and acknowledge that the Website is prone to unintentional inaccuracies in content. E.g. typographical errors, improper linkages etc.
In case you are booking any Service that includes any adventure including but not limited to sky jumping, diving, trekking, snorkelling, scuba diving, paragliding, white water rafting or any other activity that causes danger, you understand and acknowledge that such activity may cause danger to You, others who are availing that service in terms of physical damage, partial or full incapability or death. You understand, acknowledge and agree that You shall be solely responsible for availing such Service and the Website and Company shall not be responsible or liable in any manner whatsoever.
You may provide an idea on the Website named as “design your experience’. Users can share any original idea to make the experience better and the Website may extend to you any rewards in the form of gift vouchers, coupons etc. The Website may provide space to provide reviews of such experience. In case of “design your experience” activity of the Website, the idea of the User may be used by the Website for creating experience or new Services. Any Service Provider or the Website may independently develop the idea given by You. You shall not be entitled for any monetary compensation.
In case any Service that is not available due to any Force Majeure event, the Website shall not be liable to refund you your booking amount in whatsoever manner. If you are not able to avail any Service due to any reason including but not limited to medical reason, the Website shall not provide any refund to you. In case of any Service deficiency of Website, You are not able to login or view, You can write to the Website on email@example.com.
If there is a dispute between You and any Service Provider, You understand and agree that Website is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more Service Providers, you hereby release the Website, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
4. REGISTRATION, PASSWORD
For Users, there is no fees to access the Website. As a guest, any viewer can navigate and browse but cannot avail any Services. For availing Services, Users have to Register.. Registration can be done through Facebook, Google Plus or email. In case you login through Facebook, Google Plus or any other such website, you authorise the Website to obtain and verify your credentials with such Websites. You agree that any registration information provided by You shall always be accurate, correct and complete. If you use the Services, You shall be responsible for maintaining the confidentiality of Your Account and password and you agree to accept responsibility for all activities that occur under Your Account. You can change your profile information and any other details that You have shared with the Website. You shall provide any additional information as required by the Website from time -to- time.
We also reserve the right to refuse registration, or cancel accounts at our sole discretion.
5. ACCESS TO THE WEBSITE
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Website system by Website for any reason whatsoever. If You do not confirm to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Website through Your legal guardian in accordance with the applicable laws.
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless You are authorized to do so.
No Registration of the Website or using of the Services deem to make You a shareholder or affiliate of Website for any purposes whatsoever, nor shall You have any of the rights of statutory Users of Website.
You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the Account.
6. MODE OF PAYMENT
Payment to Service Provider shall be made by way of credit card, debit card, net banking, mobile wallet and/or any other authorised payment mechanism available.
User agrees to abide by and adhere to the terms and conditions of Payment Gateway providers as well as the terms and conditions of the Service Providers from where the Users avail the Services and the Website shall not be concerned with the same in any manner whatsoever. The Website is not a party to any transaction between You and Service Provider, thus the User shall be a customer of the relevant Service Provider for the services of Service Provider and shall approach the Service Provider for the services of the Service Provider and for any remedy or claim in relation to any deficiency in such Services. The User hereby agrees and acknowledges the fact that the Website only collects payments for booking Services on behalf of the Service Provider.
In case a User intends to cancel a particular Service availed, a cancellation request can be placed through the call center. The Company shall evaluate the case offline and accept or reject the request for refund. The order status shall be updated accordingly. The Company shall determine the appropriate amount to be refunded as well as the means of refund. In case of refund, the User may receive refund after deduction of applicable cancellation and administration charges. The Company shall provide refund to the same entity through which you had paid to book particular Service. In any case you shall not be entitled to receive refund in cash. The Company may provide you option to avail any other Service or gift coupons or vouchers instead of refund, once you avail such facility, you shall not be entitled to receive any refund in any other manner whatsoever. Appropriate refunds would be processed and credited to the customer in 10 to 15 days from the approval.
7. CONTENT AVAILABLE
You acknowledge that Website does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Users, Service Providers or any other content provider (collectively, the “Content”) which You may have access to as part of the Services, or through your use of this Website. Under no circumstances, Website is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Website. You understand that by using this Website, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. Videos, photos which are provided by Service Providers may or may not be checked by Website.
8. CONTENT SUPPLIED BY YOU
You represent, warrant, and agree that no Content/Details shared by You with Website (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable and nonexclusive right to use the Content and Details including but not limited to Trademarks, Service Marks, logos etc. submitted by You for providing the Services, You also grant us the right (i) to display your Content and Details on the Website (ii) promote or distribute it for the access of other Users.
You agree that you are solely responsible for your Content made available by you through the Website including but not limited to any liabilities arising out of any third party infringement claims.
We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtain necessary permission to post the material.
9. LINKS TO THIRD PARTY SITES
This Website may contain links to other Websites owned and operated by third parties who are not related to the Website (“Linked Websites”). The Linked Websites are not under the control of www.hopintown.com and Website is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.
www.hopintown.com provides these links to You as convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Hopintown. Your link to any such Linked Website is entirely at your own risk. Website is not a party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.
The Website may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by of the relevant advertiser, its products or Services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or Services. Website accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
10. PROHIBITED CONDUCT
You agree not to engage in any of the following activities:
Violating laws and rights:
You shall not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You shall not use the Website or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You shall not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.
You shall not share or transmit Content or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
You shall not intimidate or harass another through the Websites; and, You may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to so through the Website.
Impersonation or unauthorized access:
You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Website;
You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking password mining or any other means.
User can write to the Website about any complaint at e-mail id as mentioned above.
11. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS
You acknowledge and agree that the Website shall not be liable for your interactions with any Users on the Website. This includes, but is not limited to, payment and Services, if any, and any other terms, conditions, warranties or representations associated with any interaction You may have with other Users. These dealings are solely between You and such other Users. You agree and acknowledge that Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Users on the Website, or between Users and any third party, You understand and agree that Website is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other Users, you hereby release Website, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Website.
12. CHANGE IN TERMS
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE THE SERVICES AND YOUR USE THEREOF. WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE WEBSITE'S CONTENT OR THE DETAILS AND CONTENT SHARED BY THE USERS OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR 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 WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SERVICE PROVIDER OR A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEBSITE SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE DATA RELATED TO THE CREDIT CARD WHICH IS USED BY THE USERS WHILE MAKING THE PAYMENT SHALL NOT BE STORED IN THE SYSTEM.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WEBSITE SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS CONTROLLED AND OFFERED BY THE WEBSITE FROM ITS FACILITIES IN INDIA.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
16. ANTI-SPAM POLICY
18. OWNERSHIP OF INTELLECTUAL PROPERTY
The Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Website are owned by the Company and its affiliates, subsidiaries, licensors, Users, Service Providers as the case may be. The Website respects copyright, and we prohibit Users of the Services from submitting, uploading, posting, or otherwise transmitting any Content or Details on the Website that violates another person’s proprietary rights.
If You believe that the Website contains elements that infringe your intellectual property rights in your work, please notify Us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, We may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
All materials on this Website, including but not limited to audio, images, software, text, icons and such like (the “Website Content”), are protected by copyright under the copyright laws. You cannot use the Website Content, except as specified herein.
Hopintown is the trademark solely owned by Koolrootz Interactive Private Limited. There may be proprietary logos, service marks and trademarks found on the Website whether owned/used by us or otherwise. By displaying them on the Website, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
20. MISCELLANEOUS TERMS
FORCE MAJEURE:Without limiting the foregoing, under no circumstances shall the Website is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Service Provider or the Website.