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Terms and Conditions

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using this website (the “Service”) operated by India Nearby (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms of Service apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”) you may be asked to supply certain information relevant to your Purchase including: name, email address, mailing address, phone number, credit card information, billing address, shipping information.

You represent and warrant that: You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, The information you supply to us is true, correct and complete. You expressly agree that India Nearby is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information provided to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the product or service description or price, error in your order or other reasons. You expressly agree that India Nearby cannot accept any liability for loss or damage arising out of such cancellation. We reserve the right to refuse or cancel your order if we suspect fraud or an unauthorized or illegal transaction.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to reveal your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of India Nearby and its licensors. Original content consists of, but not limited to, articles, information, maps, illustrations, designs, graphics and animations. The Service is protected by copyright, trademark, and other laws of both the India and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of India Nearby.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by India Nearby. We have no control over any website we are linked to so we cannot be responsible for safeguarding any information which you provide such sites and this privacy statement does not govern such sites. Caution should be exercised when visiting linked websites and the privacy statement of the website in question should be examined.

India Nearby has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that India Nearby shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

In no event shall India Nearby, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service, any conduct or content of any third party on the Service, any content obtained from the Service, unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

India Nearby, its subsidiaries, affiliates, and its licensors do not warrant that: the Service will function uninterrupted, secure or available at any particular time or location, any errors or defects will be corrected, the Service is free of viruses or other harmful components, the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will India Nearby ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by India Nearby or any person for whom India Nearby is responsible, and even if India Nearby has been advised of the possibility of such loss or damage being incurred.

Your Acceptance of These Terms

By using this Site, you signify your acceptance of this policy and https://indianearby.com/terms. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Governing Law

These Terms shall be governed and construed in accordance with the laws of India without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes to This Privacy Policy

India Nearby has the discretion to update this privacy policy at any time. When we do, we revise the updated date at the bottom of this page. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Contacting Us

If you have any questions about these Terms of Service, the practices of this site, or your dealings with this site, please contact us at: policychampion@indianearby.com

Terms of Service Ver 1.0 Updated 22 Dec 2017

Terms and conditions for Trips

1. Safety | Trips that are organized by India Nearby are a combination of education – about natural and human history and environment, and adventure-trekking & exploration. We make an honest attempt to provide safety and follow itineraries during the trip, but there may be unforeseen events such as injuries/fall. We indicate the intensity of the trip on our website and to participants before the trip. It becomes important for the individual to make informed choice of participating in the trip. In choosing to participate, individual takes complete ownership of their safety at all times during the trip. India Nearby is not responsible for the eventualities/damage caused during the trip. Possibility of incidents is very low.

2. Registration | Registration for India Nearby trips will be on first come basis. If in case we are unable to register or need to cancel or reschedule a trip, we may have to request you accept refunds or choose any of our other trips.

3. Itinerary changes and cancellation | Itinerary schedule and spots that are covered can change based on the participants’ rhythm and pace. We do not encourage been-there-done-that, rather “being there”! Estimated/suggested trip duration, is subject to delays or change, being influenced by many factors like road conditions, weather, traffic, change in permissions etc. There will be no refund of an item dropped in the proposed itinerary.

4. Transport | We partner with third party transport agency for travel and therefore have no direct control over the vehicle or their drivers. Any issues specifically with transport should be brought to our notice and we will attempt to sort and take up with the agency. Such occurrences are very rare.

5. Pickup points | The pickup and drop points are designated for the trips to ensure we more or less stick to our itinerary. You will have to make your own arrangement to arrive at the pickup point. The pickup and drop points may differ due to route choices or traffic conditions.

6. Cancellation | For any cancellation, we will refund you as per our cancellation policy.

7. Emergencies | In any emergency situation, India Nearby team and organisers are authorised to take necessary action in case of emergency hospitalisation/ treatment and the participant shall bear the full cost thereof.

8. Extensions | Any cost incurred due to extension of stay or change in itinerary due to bad weather, political unrest or any circumstances beyond our control will have to be borne by the participants, although changes of such occurrences are rare.

9. Photography | Camera fees (unless mentioned) and fees for activities other than those mentioned in the itinerary will have to be borne by the participants. Most ASI sites do not permit use of tripods and flash, and require separate per camera fee.

10. Promotions | Any kind of commercial activity or promotion during the tour is strictly prohibited. After all, the trips are to get away from it all!

11. Sightings | India Nearby does not guarantee sightings of any kind, be it wildlife, birds or butterflies. Participants should be aware that wildlife sightings happen by a stroke of serendipity!

12. ACKNOWLEDGMENT AND ASSUMPTION OF RISK | All Participants are required to sign an acknowledgement and assumption of risk form, where, as typically for outdoor activities, you acknowledge the risks and assume voluntary responsibility of yourself and your property/belongings, and not hold India Nearby and it’s staff liable in case of any eventuality, damage or loss.

During the Trip:

What to expect and accept

12. Please be respectful to nature, local people, their customs and traditions.

13. Don’t carry any music system or inflammables to light fire in the forest or wilderness area.

14. Don’t tease or feed any wild or untamed animal or disturb their habitat in any way.

15. Don’t collect any objects (rocks, feathers, animals-eggs or bones etc.) from the wilderness areas, not even for your scrap book! Instead make sketches and draw the things you would like to possess!

16. Don’t wear strong perfumes or deodorants.

17. No smoking or alcohol is allowed on our trips. We are there to take a whiff of fresh air!

18. Carry only re-usable items like water bottles, cloth hankies etc.

19. Collect all your wrappers and plastic waste in your backpack pocket, should you generate any like energy-bars and chocolate wrappers.

20. The instruction medium for trips will be English and/or Hindi, also local languages whenever possible.

21. The itinerary for trip is tentative, it may change, including some listed spots being dropped.

22. Lastly, be respectful, helpful and engage with your team of participants – they may of different ages, come from different places, speak different languages, have different world views! Some keep quiet, some want to talk!

Cancellation Policy

1. India Nearby will have the authority to cancel a trip and provide the full refund of the trip. India Nearby will not be responsible for any liabilities that are caused as a result of the cancellation.

2. Information about the cancellation of the trip will be conveyed to the participants.

3. India Nearby holds the right to change any of the rules and regulations mentioned above, with or without prior notice.

Cancellation and refunds for day-trips:

Before 3 weeks of trip date100% refund
Before 2 weeks of the trip date70% refund
Before 1 week of the trip date60% refund
Less than a week of trip date50% refund
24 hours before the trip dateNo refund

Cancellation and refunds for overnight and vacation tours:

Before 3 weeks of trip date100% refund
Before 2 weeks of the trip date50% refund
Less than 2 weeks of trip dateNo refund

 

Terms of Service Ver 1.1 Updated 23 Sep 2019

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