USER TERMS AND CONDITIONS
This document is an electronic record in terms of the Information Technology Act, 2000 and Rules there under in force, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Persons accessing or using our Websites are hereinafter referred to as (“You” or “Your” or “Users”) and ImmerseTrips is referred to as (“ImmerseTrips” or “We” or “Our” or “Us”)
Please read the User T&C before using or accessing the Websites. By accessing or using the Websites, booking any reservations for travel products or services or contacting our call center agents, You agree that these User T&C shall be legally binding between the User and the Websites. If you do not agree to these User T&C, please do not use this Website. ImmerseTrips may at any time change these User T&C and your continued use of this Website is conditioned upon acceptance of the updated User T&C.
Welcome to ImmerseTrips! ImmerseTrips is an online platform that enables Users to research, find and book travel experiences around the world. ImmerseTrips offers a variety of tours, tickets and services (“Travel Products”) made available by ImmerseTrips’ third party suppliers through the Websites and related applications.
Ezeego One Travel & Tours Private Limited (“Ezeego”) is exclusive owner of the Websites in the Indian Territory and is responsible for maintaining the Website and providing the technical support for the same. Ezeego reserves the right in its sole discretion to remove any content, data, information, material, service (if any), photographs, videos available on the Websites (“Website(s) Content”) from time to time. Ezeego has its registered office at 1st Floor, Cecil Court, Lansdowne Road, Colaba, Mumbai 400039, India (CIN: U63040MH2006PLC158683) and is registered under the provisions of the Companies Act, 2013.
The Websites Content is for your general information and use only. It is subject to change without notice. Unauthorised use of the Websites may give rise to a claim for damages and/ or be a criminal offence.
You warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have an ImmerseTrips account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 18 years of age or older in order to register for an account.
You shall not use any deep-link robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Websites or Websites Content, or in any way reproduce or circumvent the navigational structure or presentation of the Websites or Websites Content.
Your use of any information or materials on the Websites is entirely at Your own risk, for which We shall not be liable.
Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The Website may contain links to other third-party sites. Such sites will contain their own separate terms and conditions. Your access to and use of these interactive sites will require acceptance of these separate terms and conditions.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Websites or the Website Content therein. You agree not to add to, subtract from, or otherwise modify the Website Content, or to attempt to access any Website Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.
We make no warranties or representations about the Websites or any of the Websites Content. We are not responsible to You or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of Websites. Your use of any information or materials on the Websites is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any information of products available through this Websites meet your specific requirements.
All materials herein and all ImmerseTrips software is proprietary to Ezeego and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of ImmerseTrips.
Any violation of these User T&C may result in legal liability upon you. Nothing in these User T&C should be construed to confer any rights to any third party or any other person. Your use of the Website means you are consenting to this User T&C and agree to be legally bound by it.
You acknowledge and agree that nothing in these User T&C shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Websites or any other material or any part thereof to you or any third party.
As a condition of Your use of the Websites, You will not use the Website for any purpose that is unlawful or prohibited by these User T&C or by any domestic or international laws, statues, ordinances and regulations. Your use of Website is Your responsibility.
You shall not, display, upload, modify, publish, transmit, update or share any information on the Website, that –
Belongs to another person and to which you do not have any right;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or unsolicited commercial advertisement;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
INTELLECTUAL PROPERTY RIGHTS
The Websites, the processes and their selection and arrangement, including but not limited to the text, graphics, User interfaces, sounds and music (if any), artwork and computer design code, structure, photographs of the Travel Products on the Websites, arrangements of the Websites Content (“Content”) is owned by Ezeego and protected by the copyright, patent and trademark laws and other applicable intellectual property rights. For more information on our intellectual property please see our Intellectual Property Policy available on the Website [kindly insert link of IP Policy].
The trademark, logos and service marks displayed on the Websites (“Marks”) are property of Ezeego. You are not permitted to use the Marks without the prior written consent of Ezeego.
Ezeego owns all intellectual property rights relating to the trademark “ImmerseTrips” and variants thereof, and the domain name, including but not limited to, all rights, title and interest in the copyright, related rights, patents designs, know-how, inventions (including any pending patent applications), goodwill, source code, databases, text, graphics, icons and hyperlinks relating to the Content.
You acknowledge and agree that You shall not copy, download, republish, post, display, reproduce, distribute, transmit any Content through any medium without obtaining any prior written consent and authorisation from Ezeego. The access to the Websites do not grant You any right to copy, download, republish, post, display, reproduce, distribute, transmit any Content.
You shall not display, upload, publish, transmit, update any information on the Websites that shall infringe any patent, copyright or other intellectual property right of Ezeego.
You may use the Website without registration however, to purchase a Travel Product or participate in certain activities of the Websites you will have to register or login to the Websites. In the event You wish to register with us you may do so by completing the registration process. You agree to i) provide true, accurate, correct and complete information as prompted by the applicable registration form; ii) maintain and update true, accurate, correct and complete information provided by you during the registration process. You may be required to choose a password and user name. You are solely responsible for maintaining the confidentiality of your password and account.
If at any time ImmerseTrips believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete, ImmerseTrips reserves the right to cancel your account and block your access to Websites.
You are entirely responsible for any and all activities that occur under your account. You agree to notify ImmerseTrips of any unauthorized use of your account or any breach of security. ImmerseTrips/Ezeego will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section.
REVIEWS - FURTHER CORRESPONDENCE - RIGHTS TO USER CONTENT
By completing a booking of a Travel Product, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed review may be uploaded onto the relevant activity page on the ImmerseTrips platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Travel Product. Upon submitting a review, your account will be awarded ImmerseTrips credits, which may be used towards your next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of ImmerseTrips credits. ImmerseTrips further reserves the right to deduct any credits directly from your ImmerseTrips account without prior notice.
By posting a review, you grant ImmerseTrips the full, perpetual, free, transferable and irrevocable rights to all submitted user content. ImmerseTrips reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
You represent and warrant that (i) you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate these User T&C or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.
Reviews shall not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews shall not defame, abuse, harass, or violate the legal rights of others.
Content submitted by Users will be considered non-confidential and ImmerseTrips is under no obligation to treat such content as proprietary information. Without limiting the foregoing, ImmerseTrips reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. ImmerseTrips is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to ImmerseTrips. ImmerseTrips shall have no duty to attribute authorship of content to you and shall not be obligated to enforce any form of attribution by third parties.
Linked sites are not under the control of ImmerseTrips and ImmerseTrips is not responsible for the contents of any linked site or any link contained in a linked site. ImmerseTrips provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by ImmerseTrips. ImmerseTrips has no control over such third-party website or any offsite dealings with such third parties is at Your own risk
Some part of the Websites may contain advertising information or promotion material or other material submitted to ImmerseTrips by third parties. Responsibility for ensuring that the material submitted for inclusion on Websites complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. ImmerseTrips/Ezeego will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website. ImmerseTrips reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
TYPOGRAPHICAL OR OTHER ERRORS
While ImmerseTrips takes reasonable care and skill to provide information which is accurate and up to date when first included on the Websites, typographical and other errors may nevertheless occur. We do not undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the contents of this Websites at any time without notice to you. While we make reasonable efforts to prevent unauthorized tampering with the Websites, we do not guarantee that our efforts will always be successful. Therefore, as set out below, we do not warranty that the Websites materials will be error-free and disclaims any liability for such errors.
CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
By clicking the ‘I Agree’ button, you consent to receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the Website.
These User T & C shall be a legally binding agreement between User and us and shall be governed by and interpreted and construed in accordance with the laws of India. Notwithstanding the foregoing, we reserve the right to pursue any action or claim against you in any court of competent jurisdiction which we believe is the most appropriate to seek any relief. Subject to the arbitration provision herein, the courts at Mumbai, India shall have exclusive jurisdiction over any claims or matters arising out of these User T&C.
DISCLAIMER OF WARRANTIES
WE, OUR ASSOCIATES, OUR TECHNOLOGY PARTNERS MAKE NO REPRESENTATION OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITES MATERIALS. WE PERIODICALLY AMEND, CHANGE, ADD, DELETE, UPDATE OR ALTER THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE USER T&C, AT THE WEBSITES WITHOUT NOTICE. FURTHER, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITES. WE SPECIFICALLY DISCLAIM ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS WEBSITE.
ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
We reserve the right to modify them at any time, and without actual notice to you. All such changes to these User T&C will appear on the Websites.
By using the Websites following any modifications to these User T&C, you agree to be bound by any such modifications to these User T&C. If any changes to these User T&C are unacceptable to you, you must discontinue use of the Websites. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Websites, including for any violation of any provision of these User T&C. We also reserve the right to change the Websites without notice to you, at any time.
LIMITATION OF LIABILITY
Use of the Websites is at Your sole risk. While we make reasonable efforts to ensure the safety and functionality of our Websites, these efforts may fail, and errors may occur. IN NO EVENT SHALL IMMERSETRIPS/EZEEGO OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THE WEBSITES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITES (OR THE CONTENT PROVIDED AT THE WEBSITES ON ANY APPLICATION RELATED TO ANY THIRD PARTY), OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THE WEBSITES (OR ANY OTHER APPLICATION), ON ANY THEORY OF LIABILITY. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR ACCESSING THIS APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE USER T&C FAILS OF ITS ESSENTIAL PURPOSE.
IMMERSETRIPS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY TRAVEL PRODUCT ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH TRAVEL PRODUCTS BY IMMERSETRIPS. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IMMERSETRIPS DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE IMMERSETRIPS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMMERSETRIPS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless ImmerseTrips/Ezeego and their affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use or misuse of the Websites, without limitation, any actual or threatened suit, demand, or claim made against ImmerseTrips/Ezeego arising out of or relating to the User content, your conduct, your violation of these User T&C, or your violation of the rights of any third party.
Force Majeure: We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered by you as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of god, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, internet interruptions, bugs, virus, server breakdown or other interruptions on the worldwide web or internet which is beyond our control and in such event we may elect to cancel Your order and refund any payments made.
This User T&C shall remain in full force and effect while you use this Websites or the Travel Products. ImmerseTrips may terminate or suspend your access to the Travel Products or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. ImmerseTrips may also terminate or suspend any and all Travel Products and access to this Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this User T&C.
Modification of Websites: We reserve the right to modify or discontinue (completely or in part) our Website or any Website Content appearing therein. We will not be liable to You or any third party if we exercise this right.
- No Waiver: Our failure to exercise or enforce any right or provision of these User T&C will not be deemed to be a waiver of such right or provision.
- No Third-Party Beneficiaries or Rights: These User T & C do not create any private right of action on the part of any third party or any reasonable expectation that the Websites will not contain any content that is prohibited by these User T & C.
- Complaints: In the event You have any complaint(s) pertaining to Websites or Websites Content, please feel free to email us at firstname.lastname@example.org and kindly provide Your name, email address, physical address and contact numbers so that we may be in a position to verify details or check the authenticity of the complaints.
- Assignment: You may not assign or otherwise transfer your rights or obligations under these User T & C. We may assign our rights and duties under these User T & C without any such assignment being considered a change to these User T & C and without any notice to you.
- Notices: Any notices or other communications that you wish to send to us may be addressed to the registered office.
1st Floor, Cecil Court, Lansdowne Road, Colaba, Mumbai 400039, India
- Dispute Resolution: Any Dispute relating in any way to your visit to Website and Website Content shall be submitted to arbitration in Mumbai, India, except that, to the extent you have in any manner violated or threatened to violate this Website’s intellectual property rights, in such case, We reserve the right to seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts.
- The Arbitration under these User T&C shall be in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The Award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these User T&C shall be joined to an arbitration involving any other party subject to these User T&C, whether through class arbitration proceedings or otherwise.
- We reserve the right to make changes to our Website, policies, and these User T & C at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- Contact Information: If you have any questions or suggestions regarding our User Terms and Conditions, please contact us at email@example.com