Agreement Between User and Royal Adventure Moto Tours
APPLICABILITY
This user agreement along with terms of service (collectively, the “user agreement”) forms the terms and conditions for the use of services and products of Royal Adventure Moto Tours Private Limited (“Royal Adventure Moto Tours”)
Any person (“user”) who inquiries about or purchases any products or services of Royal Adventure Moto Tours through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (All the aforesaid platforms collectively referred to as “sales channels”) agree to be governed by this user agreement. The websites and the mobile applications of Royal Adventure Moto Tours are collectively referred to as ‘website’.
Both user and Royal Adventure Moto Tours are individually referred to as ‘party’ and collectively referred to as ‘parties’ to the user agreement.
“Terms of service” available on Royal Adventure Moto Tours’ website details out terms & conditions applicable on various services or products facilitated by Royal Adventure Moto Tours. The user should refer to the relevant terms of service applicable for the given product or service as booked by the user. Such terms of service are binding on the user.
ELIGIBILITY TO USE
The user must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a user and use the services of Royal Adventure Moto Tours. If you are a minor or are below the age of 18 years, you shall not register as a user of the website and shall not transact on or use the website.
As a minor if you wish to use or transact on the website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We retain the right to terminate your membership and/or block access to the website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false.
Before using the website, approaching any sales channels or procuring the services of Royal Adventure Moto Tours, the users shall compulsorily read and understand this user agreement, and shall be deemed to have accepted this user agreement as a binding document that governs user’s dealings and transactions with Royal Adventure Moto Tours. If the user does not agree with any part of this agreement, then the user must not avail Royal Adventure Moto Tours’ services and must not access or approach the sales channels of Royal Adventure Moto Tours.
All rights and liabilities of the user and Royal Adventure Moto Tours in relation to any services or product facilitated by Royal Adventure Moto Tours shall be restricted to the scope of this user agreement.
CONTENT
All content provided through various sales channels, including but not restricted to audio, images, software, text, icons and such similar content (“content”), are registered by Royal Adventure Moto Tours and protected under applicable intellectual property laws. User cannot use this content for any other purpose, except as specified herein.
User agrees to follow all instructions provided by Royal Adventure Moto Tours which will prescribe the way such user may use the content.
There are a number of proprietary logos, service marks and trademarks displayed on the website and through other sales channels of Royal Adventure Moto Tours, as may be applicable. Royal Adventure Moto Tours does not grant the user a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the content, will be in violation of the applicable law.
Royal Adventure Moto Tours respects the intellectual property rights of others. If you notice any act of infringement on the website, you are requested to send us a written notice/ intimation which must include these information;
- Clear identification of such copyrighted work that you claim has been infringed
- Location of the material on the website, including but not restricted to the link of the infringing material
- The proof that the alleged copyrighted work is owned by you
- Contact information
The aforesaid notices can be sent to Royal Adventure Moto Tours by email at hello@royaladventuremoto.com
WEBSITE
The website is meant to be used by bonafide user(s) for a lawful use.
User shall not distribute exchange, modify, sell or transmit anything from the website, including but not restricted to any text, images, audio and video, for any business, commercial or public purpose.
The user agreement grants a limited, non-exclusive, non-transferable right to use this website as expressly permitted in this user agreement. The user agrees not to interrupt or attempt to interrupt the operation of the website in any way.
Access to certain features of the website may only be available to registered user(s). The process of registration, may require the user to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to Royal Adventure Moto Tours is true and accurate.
Royal Adventure Moto Tours retains the right, in its sole discretion, to terminate the access to the website and the services offered on it or any portion thereof at any point, without notice, for general maintenance or any other reason whatsoever.
Royal Adventure Moto Tours will always make its best endeavors to ensure that the content on its websites or other sales channels are free of any virus or such other malwares. 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 exclusively responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
Royal Adventure Moto Tours retains the right to periodically make improvements or changes in its website at any point 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 if it violates any applicable law to hello@royaladventuremoto.com
On receiving such report, Royal Adventure Moto Tours retains the right to investigate and/or take such action as Royal Adventure Moto Tours may deem appropriate.
BOOKINGS BY TRAVEL AGENTS
Except with the prior registration with Royal Adventure Moto Tours as b2b agents, priority partner or a franchisee, and explicit permission of Royal Adventure Moto Tours to use the website, all travel agents, tour operators, consolidators or aggregators (“travel agents”) are barred from using this website for any commercial or resale purpose. If any such bookings are detected, Royal Adventure Moto Tours retains the right, including, but not restricted to, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. Royal Adventure Moto Tours shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such travel agents. The liability in case of such cancellations shall be solely borne by such travel agents.
All discounts and offers mentioned on the website are applicable only to the user(s) of Royal Adventure Moto Tours for legitimate bookings.
SECURITY AND ACCOUNT RELATED INFORMATION
While registering on the website, the user will have to choose a password to access that user’s account and user shall be exclusively responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the user to notify Royal Adventure Moto Tours immediately in writing of any unauthorized use of their password or account or any other breach of security. Royal Adventure Moto Tours will not be liable for any loss that may be incurred by the user as a result of unauthorized use of the password or account, either with or without the user’s knowledge. The user shall not use anyone else’s account at any point.
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.
Royal Adventure Moto Tours keeps all the data in relation to credit card, debit card, bank information etc. Secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., Royal Adventure Moto Tours may at times verify certain information of its users like their credit score, as and when required.
Royal Adventure Moto Tours adopts the best industry standard to secure the information as provided by the user. However, Royal Adventure Moto Tours cannot guarantee that there will never be any security breach of its systems which may have an impact on user’s information too.
The data of the user as available with Royal Adventure Moto Tours may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the user.
FEES AND PAYMENT
As well as the cost of booking as charged by the service providers, Royal Adventure Moto Tours retains the right to charge certain fees in the nature of convenience fees or service fees. Royal Adventure Moto Tours further retains the right to alter all fees periodically. Any such additional fees, including fee towards any modifications thereof, will be displayed to the user before confirming the booking or collecting the payment from such user.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., Owing to any technical error or other reason, Royal Adventure Moto Tours shall reserve the right to deduct, charge or claim the balance amount from the user and the user shall pay such balance amount to Royal Adventure Moto Tours. In cases where the short charge is claimed before the utilization of the booking, Royal Adventure Moto Tours will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by Royal Adventure Moto Tours on account of change in rate of taxes or imposition of new taxes, levies by government shall have to be borne by the user. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be in accordance with applicable law.
In the rare circumstance of a booking not getting confirmed for any reason, Royal Adventure Moto Tours will process the refund of the booking amount paid by the user and intimate the user about it. Royal Adventure Moto Tours 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 in accordance with the defined policies of the service provider and Royal Adventure Moto Tours 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, in accordance with the applicable laws.
The user agrees and understands that all payments shall only be made to bank accounts of Royal Adventure Moto Tours. Royal Adventure Moto Tours 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 Royal Adventure Moto Tours. The user agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by Royal Adventure Moto Tours or to any personal account of any person, Royal Adventure Moto Tours shall not be held liable for it. User shall not hold any right to recover from Royal Adventure Moto Tours any amount which is transferred by the user to any third party.
The user will not share his 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 Royal Adventure Moto Tours. The user shall immediately inform Royal Adventure Moto Tours if such details are demanded by any of its agents’ employees or representatives. Royal Adventure Moto Tours will not be liable for any loss that the user incurs for sharing the aforesaid details.
Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) From which payment was made for that booking.
Booking(s) made by the user through Royal Adventure Moto Tours are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY Royal Adventure Moto Tours
Royal Adventure Moto Tours will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the user, via sms, internet-based messaging applications like whatsapp, voice call, e-mail or any other alternate communication detail provided by the user at the time of booking.
Royal Adventure Moto Tours may also contact the user through the modes mentioned above for any pending or failed bookings, to know the preference of the user for concluding the booking and also to help the user for it.
The user hereby unconditionally consents that such communications via sms, internet-based messaging applications like whatsapp, voice call, email or any other mode by Royal Adventure Moto Tours are:
- Upon the request and authorization of the user
- ‘Transactional’ and not an ‘unsolicited commercial communication’ in accordance with 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 Royal Adventure Moto Tours against all types of losses and damages incurred by Royal Adventure Moto Tours due to any action taken by trai, access providers (in accordance with trai regulations) or any other authority due to any erroneous complaint raised by the user on Royal Adventure Moto Tours in relation to the communications mentioned above or due to a wrong number or email id being provided by the user for any reason.
FORCE MAJEURE
There can be exceptional circumstances where Royal Adventure Moto Tours and / or the service providers may be unable to honor the confirmed bookings due to various reasons like act of nature, labor unrest, insolvency, business exigencies, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, casualty, strikes, lock-outs, labor troubles, riots, sabotage, embargo, war, delay in issuance or processing of visa/permit, change of laws and regulations, government decisions, terrorist activity, any operational and technical issues, route block due to landslides or any other natural calamity and flight cancellations or any other reason beyond the control of Royal Adventure Moto Tours. If Royal Adventure Moto Tours has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the user or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The user agrees that Royal Adventure Moto Tours being merely a facilitator of the services and products booked, cannot be held responsible for any such force majeure circumstance. The user has to contact the service provider directly for any further resolutions and refunds.
The user agrees that if non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) Or any other similar failures, Royal Adventure Moto Tours’ obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge Royal Adventure Moto Tours from all liabilities in relation to that transaction. Additional liabilities, if any, shall be borne by the user.
In no event shall Royal Adventure Moto Tours 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.
ADVERTISERS ON Royal Adventure Moto Tours, AND LINKED WEBSITES
The website may contain links to third party websites. Royal Adventure Moto Tours does not control such websites and is not responsible for its contents. If a user accesses any third-party website, it shall be done entirely at the user’s risk and Royal Adventure Moto Tours shall assume no liability for it.
Royal Adventure Moto Tours is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the service providers or the advertisers.
Royal Adventure Moto Tours does not endorse any advertisers on its website, or any linked sites in any manner. The users are requested to verify the accuracy of all information provided on the third-party web pages.
The linked sites are not under the control of Royal Adventure Moto Tours and hence Royal Adventure Moto Tours is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. Royal Adventure Moto Tours is providing these links to the users only as a convenience.
RIGHT TO REFUSE
Royal Adventure Moto Tours at its sole discretion retains the right to not accept any booking without assigning any reason thereof.
Royal Adventure Moto Tours will not provide any service or share confirmed booking details till such time the complete consideration is received from the user.
As well as other remedies and recourse available to Royal Adventure Moto Tours under this user agreement or under applicable law, Royal Adventure Moto Tours may limit the user’s activity, warn other users of the user’s actions, immediately suspend or terminate the user’s registration, or refuse to provide the user with access to the website if:
- The user is in breach of this user agreement or
- Royal Adventure Moto Tours is unable to verify or authenticate any information provided by the user or
- Royal Adventure Moto Tours believes that the user’s actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the user, other users of Royal Adventure Moto Tours, or Royal Adventure Moto Tours itself
Once a user has been suspended or terminated, such user shall not register or attempt to register with Royal Adventure Moto Tours with different credentials, or use the website in any way until such user is reinstated by Royal Adventure Moto Tours. Royal Adventure Moto Tours may at any point in its sole discretion reinstate suspended users.
If a user breaches this user agreement, Royal Adventure Moto Tours retains the right to recover any amounts due to be paid by the user to Royal Adventure Moto Tours, and to take appropriate legal action as it deems necessary.
The user shall not write or send any content to Royal Adventure Moto Tours which is, or communicate with Royal Adventure Moto Tours using language or content which is:
- Abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
- Contrary to any applicable law;
- Violates third parties’ intellectual property rights;
- In breach of any other part of these terms and conditions of use.
If the user violates any of the aforesaid terms, Royal Adventure Moto Tours shall be at liberty to take appropriate legal action against the user.
RIGHT TO CANCEL
The user expressly undertakes to provide Royal Adventure Moto Tours with correct and valid information while making use of the website under this user agreement, and not to make any misrepresentation of facts. Any default on part of the user would disentitle the user from availing the services from Royal Adventure Moto Tours.
In case Royal Adventure Moto Tours discovers or has reasons to believe at any point during or after receiving a request for services from the user that the request for services is either unauthorized or the information provided by the user or any of the travelers is not correct or that any fact has been misrepresented by that user, Royal Adventure Moto Tours shall be entitled to appropriate legal remedies against the user, including cancellation of the bookings, without any prior intimation to the user. In such an event, Royal Adventure Moto Tours shall not be responsible or liable for any loss or damage that may be caused to the user or any other person in the booking, as a consequence of such cancellation of booking or services.
If any judicial, quasi-judicial, investigation agency, government authority approaches Royal Adventure Moto Tours to cancel any booking, Royal Adventure Moto Tours will cancel it without approaching the concerned user whose booking has been cancelled.
The user shall not hold Royal Adventure Moto Tours responsible for any loss or damage arising out of measures taken by Royal Adventure Moto Tours for safeguarding its own interest and that of its genuine customers. This would also include Royal Adventure Moto Tours denying or cancelling any bookings on account of suspected fraud transactions.
FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES
Royal Adventure Moto Tours’ employees or authorized representatives will never contact a user asking for his/ her credit or debit card number, expiry date, cvv, net banking login, passwords, otp etc. Nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a user to install any third-party applications that enable them to view a user’s mobile or computer screen.
Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.
If you are ever asked for any of the aforesaid information, please report it immediately on hello@royaladventuremoto.com
INDEMNIFICATION
The user agrees to indemnify, defend and hold Royal Adventure Moto Tours harmless, its affiliates and their respective officers, directors, lawful successors and assigns from and against 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 Royal Adventure Moto Tours cannot be held responsible for it.
MISCLLEANEOUS
- Severability: if any provision of this user agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this user agreement shall continue to be in full force and effect.
- Jurisdiction: this agreement is subject to interpretation in accordance with the laws of india, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in delhi.
- Amendment to the user agreement: Royal Adventure Moto Tours retains the right to change the user agreement periodically. The user is accountable for regularly reviewing the user agreement.
- Confidentiality: any information which is specifically mentioned by Royal Adventure Moto Tours as confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this user agreement and the obligations of both the parties herein.
- Feedback from customer: Royal Adventure Moto Tours would like to know the feedback of the users for improving its services. The user hereby authorizes Royal Adventure Moto Tours to contact the user for their feedback on various services offered by Royal Adventure Moto Tours. Such feedback may be collected through emails, telephone calls, sms or any other medium periodically. In case the user chooses not to be contacted, such user shall write to Royal Adventure Moto Tours for specific exclusion at hello@royaladventuremoto.com