SERVICE means the website operated by Adventure Play, and all its offerings through
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
3. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
4. Type of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
0.1. Email address
0.2. First name and last name
0.3. Phone number
0.4. Address, Country, State, Province, ZIP/Postal code, City
0.5. Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through any device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time by way of your device settings.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
0.1. Session Cookies: We use Session Cookies to operate our Service.
0.2. Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
0.3. Security Cookies: We use Security Cookies for security purposes.
0.4. Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, actual address, telephone number (work, mobile), information on marital status, family members and other data.
5. Use of Data
Adventure Play uses the collected data for various purposes:
0.1. to provide and maintain our Service;
0.2. to notify you about changes to our Service;
0.3. to allow you to participate in interactive features of our Service when you choose to do so;
0.4. to provide customer support;
0.5. to gather analysis or valuable information so that we can improve our Service;
0.6. to monitor the usage of our Service;
0.7. to detect, prevent and address technical issues;
0.8. to fulfil any other purpose for which you provide it;
0.9. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
0.10. to provide you with notices about your account and/or services used, including expiration and renewal notices, email-instructions, etc.;
0.11. to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
0.12. in any other way we may describe when you provide the information;
0.13. for any other purpose with your consent.
6. Retention of Data
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
7. Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside India and choose to provide information to us, please note that we transfer the data, including Personal Data, to India and process it there.
8. Disclosure of Data
We may disclose personal information that we collect, or you provide:
0.1. Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
0.2. Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
0.3. Other cases. We may disclose your information also:
0.3.1. to our subsidiaries and affiliates;
0.3.2. to contractors, service providers, and other third parties we use to support our business;
0.3.3. to fulfill the purpose for which you provide it;
0.3.4. for the purpose of including your company’s logo on our website;
0.3.5. for any other purpose disclosed by us when you provide the information;
0.3.6. with your consent in any other cases;
0.3.7. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
9. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
10. Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
12. CI/CD Tools
We may use third-party Service Providers to automate the development process of our Service.
13. Behavioral Remarketing
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
15. Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
17. Contact Us
TERMS & CONDITIONS
Welcome to the Adventure Play website and mobile properties located at www.adventureplay.co, related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”; more generally, the Adventure Play website and mobile properties shall hereinafter be referred to herein as “website”).
The Services are offered to you conditioned upon your acceptance of the terms, conditions and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorised to use the Services. If you have a Adventure Play account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services.
Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “Adventure Play” refer to Adventure Play, located in India. For the avoidance of doubt, the websites are all owned and controlled by Adventure Play. However, some specific Services made available via the websites may be owned and controlled by Adventure Play’s corporate affiliates.
The term “you” refers to the individual, company, business organisation or other legal entity using the Services and/or contributing Content to them.
The Services are provided solely to:
Assist customers in gathering outdoor sport information, connect with schools or other individuals in the field, posting Content and searching for and booking travel services and reservations; and
Assist travel, tourism and hospitality businesses in engaging with customers and potential customers, by way of free and/or paid-for services offered by Adventure Play.
We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. Be sure to return to this page periodically to review the most current version of this Agreement.
USE OF THE SERVICES
As a condition of your use of the Services, you warrant that (i) all information supplied by via the Services to Adventure Play is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 18 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein. Adventure Play do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with Adventure Play. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of Adventure Play. To request permission, please direct your request to: email@example.com
In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.
If you are creating an Adventure Play account for commercial purposes and are accepting this Agreement on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative”.
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Adventure Play provide details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Adventure Play is in no way responsible or liable for any such third party sites or apps.
Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that Adventure Play may place advertising and promotions on the Services alongside, near, adjacent or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.
Adventure Play may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that Adventure Play have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.
We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.
The infrastructure used to provide the Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) is proprietary to Adventure Play or licensed to Adventure Play by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:
(i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by Adventure Play;
(ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of the Services for any purpose without our express written permission;
(vi) "frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written authorisation;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by Adventure Play in connection with the Services;
(viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
(ix) download any Content unless it’s expressly made available for download by Adventure Play.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENCE GRANT
If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by Adventure Play or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release Adventure Play and their licensees, successors and assigns, from any claims that you could otherwise assert against Adventure Play by virtue of any such moral rights.
Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
The Services may contain discussion forums, bulletin boards, review services, travel feeds or other forums in which you may post your Content, such as reviews of travel experiences, messages, materials or other items ("Interactive Areas"). If Adventure Play provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Adventure Play does not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that Adventure Play provides any form of private communication channel between Account Holders, you agree that Adventure Play may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that the Adventure Play may edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums for safeguarding the community and maintaining a friendly environment. However, in the failure to do so, Adventure Play will not be in any way responsible or liable for any such messaging. Adventure Play reserves the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of Adventure Play and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact Adventure Play at firstname.lastname@example.org to make your objections. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Adventure Play’s published guidelines, as are in force at the time of submission and made available to you by Adventure Play. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law.
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Adventure Play;
Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, national ID numbers and banking related/ credit card numbers.
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
In the sole judgment of Adventure Play (a) violates the previous subsections herein, (b) violates Adventure Play’s related guidelines as made available to you by Adventure Play, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose Adventure Play or their users to any harm or liability of any type.
Adventure Play takes no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services or for any loss or damage thereto, nor is Adventure Play liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Adventure Play is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although Adventure Play has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Adventure Play reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.
Adventure Play is not a travel agency and does not provide or own transportation services, accommodations, restaurants, tours, activities or experiences. Although Adventure Play conducts its own due diligence as per its best efforts before affiliating with properties, transportation, courses and content owned by third-party suppliers, it is however in no way responsible for any real-time negligence caused by such third-parties. Adventure Play does not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation or advice expressed therein, and Adventure Play expressly disclaim any and all liability in connection with such Content. You agree that Adventure Play is not responsible for the accuracy or completeness of information they obtain from third-party suppliers and display on the Services.
International Travel. When you book international travel reservations with third-party suppliers or plan international trips using the Services, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Adventure Play accept no liability for travellers who are refused entry onto a flight or into any country because of the traveller’s failure to carry the travel documents required by any airline, authority or country, including countries the traveller may just be passing through en route to his or her destination.
It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. Adventure Play urges travellers to investigate and review travel prohibitions, warnings, announcements and advisories issued by their own governments and destination country governments prior to booking travel to international and domestic destinations. Adventure Play shall have no liability in the event of a failure by travellers to follow the aforesaid travel directions.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR DOMESTIC OR INTERNATIONAL DESTINATIONS, Adventure Play DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS Adventure Play’s LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.
THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT, AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY, SEASONAL INACCURACIES, AND PRICING ERRORS. Adventure Play DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ACCOMMODATION, EXPERIENCES, TRAINING INFORMATION, ADVENTURE GEAR, TRIP PREPARATION, AIR, CRUISE, RESTAURANT OR ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF ACCOMMODATION, EXPERIENCE, AIR, CRUISE, RESTAURANT OR OTHER TRAVEL PRODUCT AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.).
THE THIRD PARTY SUPPLIERS PROVIDING ACCOMMODATION, FLIGHT, RENTALS, EXPERIENCES, RESTAURANTS OR CRUISE INFORMATION, TRAVEL OR OTHER SERVICES ON OR THROUGH THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF Adventure Play. Adventure Play IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. Adventure Play HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SUBJECT TO THE FOREGOING, YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL Adventure Play (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; 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; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF Adventure Play OR ITS CORPORATE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend and indemnify Adventure Play and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of the Services, including Adventure Play website.
SOFTWARE AS PART OF SERVICES; ADDITIONAL MOBILE LICENCES
As noted above, the Services include software, which at times may be referred to as “apps”. Any software that is made available to download from the Services ("Software") is the copyrighted work of Adventure Play or other party as identified. Your use of such Software is governed by the terms of the end user licence agreement, if any, which accompanies, or is included with, the Software. You may not install or use any Software that is accompanied by or includes a licence agreement unless you first agree to the terms of such licence agreement. For any Software made available for download by way of the Services and which is not accompanied by a licence agreement, we hereby grant to you, the user, a limited, personal, nontransferable licence to use the Software for viewing and otherwise using the Services in accordance with this Agreement’s terms and conditions (including those policies referenced herein) and for no other purpose.
Please note that the Software, including, without limitation, all HTML, XML, Java code and Active X controls contained in the Services, is owned or licensed by Adventure Play, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENCE AGREEMENT OR THIS AGREEMENT (AS APPLICABLE).
COPYRIGHT AND TRADEMARK NOTICES
The look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the copyright, service mark, trademark and/or trade dress of Adventure Play and may not be copied, imitated or used, in whole or in part, without the prior written permission of Adventure Play. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Adventure Play.
All rights reserved. Adventure Play is not responsible for content on websites operated by parties other than Adventure Play.
Notice and Take-Down Policy for Illegal Content
Adventure Play operates on a "notice and takedown" basis. If you have any complaints or objections to Content, including user messages posted on the Services, or if you believe that material or content posted on the Services infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure at email@example.com. Adventure Play will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time.
MODIFICATIONS TO THE SERVICES; TERMINATION
Adventure Play may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.
Adventure Play may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content. Adventure Play may also impose limits or otherwise restrict your access to all or parts of the Services, or stop providing the Services, without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where Adventure Play and/or its corporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where Adventure Play and/or its corporate affiliates decide to discontinue providing any aspect of the Services.
YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
Adventure Play may terminate this Agreement with you at any time, without advanced notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of Adventure Play and/or others users of the Services. That means that we may stop providing you with Services.
JURISDICTION AND GOVERNING LAW
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the India.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied is believed to be accurate, but Adventure Play does not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution and use of this information for commercial purposes.
We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you.
You agree that no joint venture, agency, partnership or employment relationship exists between you and Adventure Play and/or its corporate affiliates as a result of this Agreement or use of the Services.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Adventure Play with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Adventure Play with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
1. We facilitate the processing and booking of courses, accommodation, gear rental, transportation and other travel services (the “travel services”) on behalf of travel services providers. Our role is to facilitate you finding and choosing sport and travel services and we do not act on your behalf. We do not provide, own or run any sport travel services ourselves and in particular we do not provide, own or run any sport school.
2. You confirm that you are of sufficient age to use the AdventurePlay Sites lawfully, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of the AdventurePlay Sites.
3. On making a booking, you will be required to pay a deposit (being a part payment towards the total value of your booking).
4. When a booking is confirmed we will issue the booking confirmation on behalf of the travel services provider for each booking, but will not provide information about any charges for additional services.
5. You may cancel your booking in accordance with the cancellation policy of the particular programme. Refund, if any, will be processed within 1 month of cancellation.
6. Full payment of booking is required to be made by you before the start of the services. If full payment is not received, AdventurePlay holds the right to terminate offering of Services at its discretion.
The websites and/or apps on which Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law. Fictitious names of companies, products, people, characters and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product or event. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, save that Adventure Play’s corporate affiliates shall be deemed express third party beneficiaries of this Agreement. You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent.
Any rights not expressly granted herein are reserved.
IMPORTANT: INDEMNITY AGREEMENT
I am aware that participating in adventure sports like skiing, snowboarding, kayaking, paragliding, scuba diving, surfing, mountain biking, cycling, trekking, climbing, swimming in open water, and all associated activities has some inherent risks of illness, injury or death. This may be a result of the negligence of others, myself, forces of nature or other agencies known or unknown. Rescue and medical services may not be able to reach me in time.
I represent and warrant that I am willing and fit to undertake such adventure sports or that I have obtained medical advice prior to undertaking such adventure sports. I hereby fully assume all risk of illness, injury or death, and discharge Adventure Play, its owners, employees, consultants, agents and associates from all actions, claims or demands from any damages resulting out of my participation in this sporting event. This obligation is binding upon me personally as well as on my heirs, executors, administrators, assigns and all members of my family.
I hereby authorize any medical treatment deemed necessary in the event of any emergency, injury or mishap. I agree to bear all costs of rescue and/or medical services that may be incurred on my behalf.
I recognize that as the provider of services, Adventure Play will operate under a covenant of good faith and fair dealing, but that it may be necessary to terminate any event or adventure excursion due to forces of nature, medical necessities or other reasons. I accept their right to take such actions for the safety of all participants including me.
I understand that though precautions will be taken to provide a safe and enjoyable experience, there can be no guarantee of absolute safety against illness, injury and/or accident, and that there are grave and unpredictable elements of risk in any adventure, sport or activity associated with the outdoors.
I agree that any film or photographs of me as a participant becomes the property of Adventure Play and may be used for promotional and commercial purposes.
This agreement is between AdventurePlay LLP, further referred to as "AdventurePlay", "we", "us", "our", "its" and third-party partners associated with us working in the field of outdoor sports, accommodation, transportation, food and other related services, further referred to as "partners", "you", "your".
By agreeing to receive customers via AdventurePlay, you agree to our Partner Agreement.
1. You will honour all booking made by AdventurePlay on your behalf., and duly fulfill the execution of the Services to the respective customer as per the agreement made in any form, be it verbal, instant messaging or email, with you or any representing personnel. If you fail to do so, you will provide compensation to AdventurePlay and its customers by making a payment to the tune of two times the service amount to AdventurePlay within 1 month of failure.
2. You will maintain safety related to your property, gear, staff training and behaviour to the best of your ability, ensuring constant checks and upkeep as per latest safety standards. AdventurePlay is in no way liable for any lapse in safety related to your property, gear and staff training and behaviour.
3. As experts of the field, you and your personnel will guide the customers to best safety practices, to ensure safety of customers and other persons, creatures and property of the area, including damage to gear. AdventurePlay is in no way liable for any accidents taking place owing to mistake(s) made by its customers.
4. In case of customer cancellation due to force majeure, you will provide free cancellation.
5. You give AdventurePlay the right to display information about your services (including text, images, videos) as part of our effort for general marketing and promotion, or to facilitate bookings made by customers.
6. AdventurePlay may share information of customers with you (including contact information) for facilitating Services. You agree to honour privacy of such information and not use it in any way or share it outside of the purview of the current booking. You will not contact the customers directly in future to sell future services without the permission of AdventurePlay.
7. You will provide services to AdventurePlay and its customers at the pre-decided rate for the entire season/ year, as is the case with the sport. Payment to you will be made after completion of Services by AdventurePlay or directly by customers as pre-decided. In case you offer additional services to customers, outside of the purview of the booking terms, you will do so by first intimating the customer of the price of the additional service, and you will be responsible for collecting payment from the customer directly for such additional services. You will give advice to customers for availing of such additional services keeping their best interest in mind rather than to serve your own commercial gain.
8. AdventurePlay is simply a marketing and booking platform You should treat customers coming to you via AdventurePlay as your own customers with respect to liability and safety terms and conditions.
For answers to your questions, write to us at: firstname.lastname@example.org
Last updated 15th July, 2021.