Terms & Conditions
The Terms and Conditions for accessing the content & services of www.dubare.com are as follows:
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these Terms the following definitions shall apply:
LLP Means Coorg.com Services LLP;
Website Means www.dubare.com, owned by the LLP;
User Means any person who views, navigates or accesses the Website;
Seller Means a third party Adventure Service provider who provides Adventure Activities like Trekking, Paint ball shooting, River Rafting etc;
Services Means the services pertaining to the Adventure Activities provided by the Seller(s);
Buyer Means any User who books/purchases the Service(s) offered by the Seller(s) through the Website;
Terms Means the standard terms set out in these terms and conditions.
1.2 By using the Website, User agrees and bounds himself or herself to these Terms. If a User does not agree to be bound by these Terms then that User must not use or access the Website and the Services offered by the Website.
1.3 The LLP reserves the right to change, modify, alter and / or update these Terms at any time with or without prior notice. Any aspect of the Website may be changed, updated, supplemented or deleted or discontinued (temporarily or permanently) without notice at the sole discretion of the LLP. Please check this page frequently and regularly for any change. A User’s continued usage of the Website after any change to these Terms will mean that the User has accepted the changes.
1.4 The Website pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at the discretion of the LLP as and when they are found. The information on the different web pages of the Website are updated regularly but inaccuracies may remain or occur when changes occur between updates.
2. TERMS FOR THE USE OF THE WEBSITE
2.1 ELIGIBILITY: The LLP shall provide services only to those Users who have attained the minimum age of 18 years.
2.2 The LLP grants a limited license to each User to access and make personal use of the contents, materials, services etc of the Website or any third party content in accordance with these Terms and subject to the following conditions:
i. The Website’s content, and materials shall only be used for information and non-commercial purposes (other than the transactions contemplated in accordance with these Terms) and no other use of the content or information is authorised;
ii. A User shall not alter, modify, re-design, reproduce, display, publicly perform, import, distribute, republish, sell, offer for sale, or resell otherwise use any part of the any of the Service offered by the Website or the Website’s Content in any way, unless expressly permitted to do so by the LLP.
2.3 The LLP does not give the User the right to create any derivative work of contents, services, products of the Website or of any third party content available via the Website.
2.4 LLP TRADEMARKS AND INTELLECTUAL PROPERTY
i. Any and all intellectual property associated with the Website and its contents are the sole property of the LLP, except as expressly provided in these Terms.
ii. All custom graphics, icons, business names and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of the LLP except as otherwise expressly authorised by these Terms.
iii. No license to use any of these Marks is given or implied. A User shall not copy, download, reproduce, modify, sell, create derivative works from, upload, transmit, or distribute these trademarks in any way without prior permission of the LLP.
3. LISTING AND BOOKING OF SERVICES
3.1 LLP, through the Website, provides the platform to Users to book the Services provided by the Sellers.
3.2 LLP will display and list the Services provided by each Seller on the Website. The Services listed and offered for sale by the Sellers on the Website can be booked and purchased by a User through the Website by filling up the relevant Booking form and making the payment for the Services.
3.3 The LLP shall acknowledge and confirm the Order on behalf of the Seller after receiving the payment from the Buyer. The contract for the sale and purchase of the Services shall be between the Buyer and the Seller and will be come into force upon the confirmation of the Booking by the Website.
3.4 The Buyer agrees that the responsibility of the Website under these Terms shall be limited only to provide the booking of the Services offered by the Seller(s).
3.5 The Buyer acknowledges that the LLP is only acting as a booking agent for each Seller displaying and offering its Services through the Website and the LLP provides administration services to each Seller, including confirmation and processing of Orders and collection of payment from the Users on behalf of each Seller. The LLP shall charge a Commission, from the seller of the Services, on each and every Service booked by the User through the Website.
3.6 The Buyer agrees that the contract for the purchase of any Service booked through the Website shall be between the Buyer and the Seller of that particular Service.
3.7 The Buyer agrees that the LLP is neither the owner nor the provider of the Services that the Buyer may book or purchase through the Website. The LLP or the Website will not actually provide the Services booked through the Website and the actual provider of a particular Service shall be the Seller displaying that particular Service on the Website.
4. FEES AND PAYMENT
4.1 The Fees for a particular Service shall be the price set out by the Seller on the Website from time to time, unless there is an obvious error. The prices displayed do not include any applicable taxes. The Buyer agrees to pay any and all the taxes wherever applicable.
4.2 The Seller of a Service can change the Price at any time, but any price changes will not affect the orders already confirmed by the Website.
4.3 The Buyer shall make the payment for the Items purchased through the Website through an online payment method only. All the online methods accepted by the Website shall be set out in the Check Out area as part of the booking process.
5. DELIVERY, QUALITY AND LIABILITY OF SERVICES
5.1 The Buyer agrees that the Website shall not in any way be liable or responsible for the delivery, quality, or genuineness of the Services booked through the Website.
5.2 The Buyer agrees that the Seller(s) shall be responsible and liable for the delivery or quality of any and all the Services provided by the Seller(s). In case of dispute / grievance regarding the delivery or quality of services provided, the User agrees to claim all the refunds etc from the Seller(s) and not from the LLP.
5.3 The LLP shall not be responsible and liable for any deficiency in Service provided by Sellers. Buyer agrees that only the Sellers, and not the LLP, shall be responsible and liable for any loss, damage, injury, etc caused due to any deficiency or negligence in the Services provided by the Sellers.
5.4 The Seller of the Services represents and warrants that they shall be solely liable for the Services booked by the LLP through the Website on behalf of the Seller.
6. REPRESENTATION AND WARRANTIES
6.1 The Seller warrants that any and content provided by the Seller to the LLP for the purposes of posting a Service on the Website is accurate and complies with all the relevant and applicable laws, standards, and guidelines.
6.2 The Seller warrants that any descriptions, photographs or images used by the Seller in the content or material provided by the Seller will not be misleading in any way.
7. DUTIES AND OBLIGATIONS OF THE USERS
7.1 User undertakes not to use the Website for illegal purposes and the User shall not violate any law, statute, ordinance or regulation relating to the use of the Website and the services provided by the LLP through the Website.
7.2 User shall not indulge in any activity or transaction, through the Website, that could cause the LLP to violate any applicable law, statute, ordinance or regulation.
7.3 User shall not interfere with or disrupt the Website, or networks connected to, or any activity conducted on the Website in any manner including, but not limited to, use of viruses or other similar computer programming.
8. DISCLAIMER OF WARRANTIES
8.1 The Services, the content and the information on the Website are provided on an “as is” basis. The LLP, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the Website. The User shall avail the Services, content and information provided through the Website at his/her own risk.
8.2 In addition, the LLP specifically disclaim all warranties that the sites or the services offered will meet User’s requirements.
8.3 The LLP shall not be liable if for any reason the Website is unavailable at any time for any period. Access to the Website may be suspended temporarily and without notice in case of system failure, maintenance or repair or for any other reasonable cause.
9. COPYRIGHT AND INTELLECTUAL PROPERTY
9.1 If any User believes that material posted on the Website constitutes infringement of that User’s work(s), then the User may provide the LLP with the following information:
i) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
ii) A description of where the material that User claims is infringing is located on the Site;
iii) A description of the copyrighted work that User claims has been infringed;
iv) User’s address, telephone number, and email address;
v) A written statement by User that he/she has a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
vi) A statement by the User made under penalty of perjury, that the above information in User’s notice is accurate and that User is the copyright owner or authorised to act on behalf of the copyright owners.
9.2 In case the LLP receives a Notice, from any other party, regarding the copyright violation of any content of material posted on Website by the User, the LLP shall immediately remove that content or material, notify the User regarding the receipt of such notice.
9.3 In case the User believes that he/she is the rightful posted or submitted the content or material in question, then the User may provide the LLP with a written counter-notice specifying his/her full name, communication address (including Email Address and Telephone number) and a statement that he/she is the rightful owner or has obtained the consent of the rightful owner of the Content and intends to contest the allegations made by the party who has given the Notice of copyright violation.
9.4 The LLP will provide the full details of the counter-notice to the party who has filed the Copyright violation notice. The party alleging the violation of his/her Copyright will then have 10 days to file a lawsuit against the User. In case the party filing the Copyright violation notice does not inform the LLP that a law suit has been filed within 14 days after the LLP provide the details of the User’s Counter Notice, the LLP will restore the removed material. If it is found that a User posted any material which is owned by any other party and for which he has not acquired the necessary rights then the LLP shall permanently remove that material and may delete the Account of that User.
10. THIRD PARTIES LINKS AND SERVICES
10.1 The Website may contain links to other sites on the World Wide Web and Internet which are not under the control of, or maintained by, the LLP. The LLP undertakes no obligation to monitor such sites, and User agree that the LLP shall not be liable or responsible, in any manner whatsoever, for the content or services provided by such sites or any technical or other problems associated with any such third-party Sites, Links or usage.
21.1 The LLP makes all reasonable attempts to exclude viruses and other form of harmful computer attacks from these pages, but it cannot ensure this exclusion and no liability is accepted for viruses etc. Please take all appropriate safeguards before using or downloading information from the Website.
12.1 The User agrees to indemnify and hold harmless the LLP, its employees and agents against all liabilities, legal fee, damages, losses, costs and other expenses in relation to any claims or actions brought against the LLP by any third party due to or arising out of any breach by the User of these Terms or other liabilities arising out of or relating to Website and Services provided through the Website.
13. LIMITATION OF LIABILITY
13.1 The LLP, its affiliates or licensors, directors, employees, or its third-party partners shall not be liable to User whether in contract, tort or otherwise at law, for any incidental, direct or indirect, punitive or consequential loss or damage whatsoever, and/or loss of profits, revenue, goodwill business opportunity or damages arising out of or in connection with the use of the Website, including inaccuracy of the content, or services and / or availability of the Website or the Modification, suspension or termination of any part or aspect of the Website and/ or resulting business interruption, or lost data or from third Party Transactions resulting from the use of Website. This shall apply even where such a loss was reasonably foreseeable or the LLP had been made aware of the possibility of such loss.
14.1 These Terms shall be governed by and construed in accordance with the laws of the State of Karnataka (India) and the Courts of Bangalore shall have the exclusive jurisdiction to try all disputes between the parties.
14.2 All the Notices and other communications given under this Agreement shall be in writing and delivered through Mail, Courier at the registered office of the parties or via electronic mail at the designated Email Address of the parties.
14.3 These Terms (including all of the policies and other Agreements described in these Terms), are the entire agreement between the User and the LLP and replaces all previous agreements between them relating to the same subject matter.
14.4 Unless these Terms provide otherwise, nothing in it creates a partnership or employment relationship between the LLP and the User.
14.5 The LLP may assign or transfer these Terms or any part of it at any time. The User cannot assign or transfer his/her rights granted under these Terms or any part of it without the prior written consent of the LLP.
14.6 If any provision of these Terms are found under the laws of any jurisdiction to be invalid, illegal or unenforceable, the validity, legality or enforceability of that provision in that jurisdiction shall not in any way affect the validity, legality or enforceability of all the provisions of these Terms in any other jurisdiction.
14.7 If any court or competent authority decides that any of the provisions in these Terms are invalid, unlawful or unenforceable to any extent, that provision will to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
14.8 No waiver of a breach of any part of these Terms shall affect a party’s right to enforce that part or any other part of these Terms for a later breach. The failure of a party to insist upon strict performance of any part of these Terms shall not be construed as a waiver of any prior or later default of the same or similar nature.
14.9 No party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labour strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the parties.