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Terms of Use

Applicability

This Terms of Use ((hereinafter referred to as “Agreement” provide for terms and conditions for the use of any services, feature and products of Ecoplore India Private Limited, a company incorporated under the Companies Act, 2013 ((hereinafter referred to as “Ecoplore”, “We”, “Our” “Us”) by any natural or legal person who is competent to enter into this agreement (hereinafter referred to as “User”). Both User and Ecoplore are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the Agreement.

The user who uses our Sales Channel (websites, mobile applications, social platforms, salespersons, offices, call centers, branch offices, franchisees, agents etc. collectively referred to as “Sales Channels”) to enquire about or to purchase any products, features or services of Ecoplore, agree to be governed by this Agreement.

Users shall be deemed to have accepted this Agreement after duly reading and understanding the terms and conditions, as a binding document that governs the use of any product, feature or service of Ecoplore. None of the rights and liabilities with respect to the use of our product, feature or services are beyond the scope of this Agreement. You shall require to review the Agreement and be deemed to agree to updated guidelines and procedures if you continue to use our Sales Channels to enquire about or to purchase any products, features or services. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement at any time and without any prior written notice to you

User Eligibility

The User must be competent to contract as per the Indian Contract Act, 1872. The User must be 18 years of age to use Ecoplore’s platform. Use of the website by minors must be under the guidance of a legal guardian or parents of the minor. Ecoplore reserves the right to terminate your membership to Ecoplore’s website if it is discovered that you are incompetent to contract.

Copyright

All content provided through our various Sales Channels, including but not limited to audio files, images, software, text, icons, logo, customer review, ratings, and such similar content (“Content”), are copyright of Ecoplore and protected by worldwide copyright laws and treaty provisions. Users can use this Content only for the purpose specified herein subject to rules, guidelines, policies, terms and conditions applicable to such services. We do not grant any express or implied rights under Intellectual Property Rights to the User. Any use of the Content in violation of the applicable law is subject to legal action. If you notice any Content which is an infringement of your copyright content, you are requested to send us a written notice/ intimation with proof of your copyright ownership of the particular content placed at the particular location of our website. The aforesaid notices can be sent to us at ecoplore@gmail.com.

Use of the Website

The Lawful user of the website shall not distribute, exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. This Agreement grants a personal, non-exclusive, non-transferable right to use this Website as expressly permitted in this Agreement. Only Registered User(s) can access certain features of the Website after completion of the registration process, it may require the User to provide certain mandatory and non-mandatory information that may or may not be personal in nature. User shall provide true and accurate information to Ecoplore. Ecoplore reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever. Ecoplore will always make its best endeavors to ensure that the content on its websites or other sales channels is free of any virus or other malware. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information. Ecoplore reserves the right to periodically make improvements or changes to its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to ecoplore@gmail.com. On receiving such report, Ecoplore reserves the right to investigate and/or take such action as the Company may deem appropriate.

B2B Partners

Only registered travel agents, tour operators, consolidators or aggregators (“B2B Partners”) are allowed to use this Website for any commercial or resale purpose. If any unauthorized use is being noticed, Ecoplore reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such booking agent and also to withhold payments or any refunds thereto. Ecoplore shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such booking agents. The liability in case of such cancellations shall be solely borne by such a booking agent. All discounts and offers mentioned on the Website are applicable only to the Registered User(s) of Ecoplore for legitimate bookings.

Limited Liability of Ecoplore

Ecoplore serves as a booking platform for eco-hotels. User accept and agree to book any product or service from the eco-hotel owners, hotel managers, hospitality management companies ( “Service Providers”) using our website. Ecoplore always does quality checks but the ultimate liability rests on the respective Service Provider and not on Ecoplore. Thus the ultimate contract of service is between User and Service Provider.

Responsibility of User

Users are advised to book any product or service after reading the description of the eco-hotel thoroughly. User(s) agree to be bound by all the conditions as contained in the booking confirmation or as laid out in the confirmed booking voucher, to be read in consonance with this Agreement. The user shall be responsible for the booking done on behalf of another person. The User undertakes to act in accordance with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body. The services are provided on an “as is” and “as available” basis. User permits our representative to contact by call, email or message. This consent shall supersede any preferences set by such User through the national customer preference register (NCPR) or any other similar preferences. User can also unsubscribe to our services, materials or opinions.
User account and password are to be created while registering on the website. The user shall be solely responsible for maintaining the confidentiality of the User account. Any unauthorized use of their password or account or any other breach of security, with or without the knowledge of User, and any loss or damage occurred due to this shall be considered as negligence of User. User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end. Users can write to Ecoplore at ecoplore@gmail.com, if any unauthorized use is detected.

Privacy of User

User privacy and security of data is our prime concern. Ecoplore stores, processes and secured all the data in relation to credit card, debit card, bank information, other financial information entered (as defined under the Information Technology Act, 2000) in an encrypted form, in compliance with the applicable laws and regulations. We may disclose your personal information, without your consent to third parties, as and when required, to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. User shall read and agree to our Privacy Policy. Do not use the website if you disagree with the Privacy Policy.

Payment and Charges

Ecoplore does not charge any membership fee. Ecoplore reserves the right to increase, decrease, withdraw or change any fees from time to time, for the existing and new services as the case may be. This change may be due to internal policy change or changes in government or statutory changes. The new fee is immediately applicable after it is posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to Ecoplore India Private Limited.
We reserve the right to charge certain fees in the nature of convenience fees or service fees. In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, Ecoplore shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to Ecoplore. In cases where the short charge is claimed prior to the utilization of the booking, Ecoplore will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Ecoplore will process the refund of the booking amount paid by the User, if the booking is not confirmed. Ecoplore is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and Ecoplore as the case may be.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws
The User agrees and understands that all payments shall only be made to bank accounts of Ecoplore. Ecoplore or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of Ecoplore. Cancellation policy is applicable to any booking made or refund on cancellation of the booking. The refund amount shall be processed according to terms mentioned in the Cancellation policy and in the same account or banking instrument, from which the payment is made for the booking.
Ecoplore shall not be liable for any loss that the User incurs for sharing his/ her personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of Ecoplore. Ecoplore does not grant the right of recovery in aforesaid cases to the User. In case of fake calls and other similar phishing, spamming or fraudulent activities, if you are ever asked for any of the aforesaid information, please report it immediately on ecoplore@gmail.com.

Communication Details

Ecoplore will communicate to User by email, call, voice or text message, bulk messaging app, WhatsApp or by any other means of communication to send offers, booking and payment confirmations, cancellation and refund process, policy updates or any such other information relevant for any transaction, inquiries or booking made by the User. The User(s) gives free consent that such communications by Ecoplore are transactional and authorized by User as per the guidelines of Telecom Regulation Authority of India (TRAI) and in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Ecoplore against all types of losses and damages incurred by Ecoplore due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on Ecoplore with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

Third-Party Insurance

Unless explicitly provided by Ecoplore in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. Insurance, if any provided as a part of the service or product by Ecoplore shall be as per the terms and conditions of the third-party insurance company. Ecoplore merely acts as a facilitator in connecting the User with the insurance company. The User shall contact the insurance company directly for any claims or disputes. Ecoplore shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

Compliance Of Liberalized Remittance Scheme (LRS)

The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which includes any international booking made on the Website or through Sales Channels. The User warrants and confirms that PAN details of the User/traveler will be shared by the User on or before the cut-off date prescribed by Ecoplore either at the time of booking or after the booking is made. In case the traveler is a minor, Ecoplore will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance with this requirement may result in the cancellation of the booking. The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. The User further confirms that foreign exchange, if any, purchased by the User for the purpose of international travel under the current booking will be utilized for the purpose indicated above. The User authorizes Ecoplore to share User/traveler data with a third party(ies) for collecting or verifying PAN details of User/traveler.

VISA Requirements

User (s) must meet valid visa requirements for International bookings made through Ecoplore, as per the requirement of their travel bookings and the requirements of the countries the User intends to visit or transit through. User(s) is liable for cancellation of booking, arising out of such Visa requirements due to absence or denial of visa. In such case, Ecoplore process refund as per the applicable terms of booking and cancellation policy.

Force Majeure

In case of acts of God, a pandemic, an epidemic, government decisions, terrorist activity, labor unrest, insolvency, any operational and technical issues or any other reason beyond the control of Ecoplore and Service Providers shall not be held responsible for partial or non-confirmation of bookings. Ecoplore reserves the right of refund in the aforesaid situation of force majeure.

In no event shall Ecoplore and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.

Refusal of booking by Eoplore and Service Provider

Ecoplore and Service Provider reserve the right to non-acceptance of any booking without assigning any reason thereof.
If a User breaches the Agreement or infringe on any third-party rights or breach any applicable law or otherwise result in suspensions, termination of User account or denial of access to the website by User until such User is reinstated by Ecoplore. Ecoplore may at any time in its sole discretion reinstate suspended users. If a User breaches this User Agreement, Ecoplore reserves the right to recover any amounts due to be paid by the User to Ecoplore, and to take appropriate legal action as it deems necessary.

Profanity Policy

Ecoplore prohibits the use of language or content which is abusive, threatening, offensive, defamatory, coercive, racist, belligerent, glorifying violence, hateful, vulgar, sexually explicit, pornographic, illicit, obscene or otherwise objectionable in nature, contrary to any applicable law, violates third party(ies’) intellectual property rights, spam or in breach of any other part of these terms and conditions of use. This policy extends to your posting including but not limited to reviews, feedback, suggestions, complaints, electronic or physical, to all the areas accessible to the public. If the User violates any of the aforesaid terms, Ecoplore shall be at liberty to take appropriate legal action against the User.

Blogs

Any person (including but not limited to employees of Ecoplore who are referred to as “Bloggers” hereafter) may contribute articles and opinions on this Website entirely at the sole discretion of Ecoplore, in the form of “blogs”. User(s) hereby acknowledge and agree that these blogs constitute the opinion of the Bloggers in their personal capacity, and may not represent official positions of Ecoplore in any manner. These blogs are copyright of Ecoplore. Users may be permitted to post comments, share or reshare the blogs subject to our “Profanity Policy”.

Right to Cancel Booking

Ecoplore reserves the right to cancel any booking, with or without intimation to the User, if directed to do so by any judicial, quasi-judicial, investigation agency, government authority. The User shall not hold Ecoplore responsible for any loss or damage arising out of measures taken by Ecoplore for safeguarding its own interest and that of its genuine customers. This would also include Ecoplore denying or canceling any bookings on account of suspected fraud transactions.

Indemnification

The User agrees to indemnify, defend and hold harmless Ecoplore, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User. The User shall be solely liable for any breach of any country-specific rules and regulations or general code of conduct and Ecoplore cannot be held responsible for the same.

Disclaimer of Warranties And Liability

This Website, including but not limited to software and services, included on or otherwise made available to User through this website are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Ecoplore does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to User through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Covid-19 Related Terms & Conditions:

User agrees that due to the recent outbreak of COVID-19 pandemic, there may be instances, where the end Service Provider, with or without reason, refuses to provide the services or cancel the booking, due to the reasons including but not limited to User(s) having any symptoms of COVID 19 or suffering from any ailment making the User vulnerable to the virus or refusing to comply with COVID guidelines issued by Ministry of Home Affairs and State guidelines for COVID for Travel. In such cases, Ecoplore will assume no liability for the refusal of service by the end Service Provider. The User also agrees that refund, if any, for such bookings will be processed by Ecoplore to the User subject to receipt of the same from the end Service Provider.

Miscellaneous

Ecoplore reserves the right to list eco-hotels, rooms, packages (‘Accommodation’) by unique names. The user who books any Accommodation via our Sales channels in a manner stated in this agreement will get a booking confirmation mail with the name, address, and contact details of the Accommodation for which booking is made.

Ecoplore cannot be held liable for any damage or loss, injury, accident, death of the User in the course of availing any or all activities including adventure sports, rides, trekking, safari, wildlife encounters, sightseeing or any other activity that may pose a threat of death or injury taken up by the User during the entire trip.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.ecoplore.com website.
This electronic record is generated by a computer system and does not require any physical or digital signatures.

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