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User Agreement

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User Agreement

DEFINITIONS APPLICABILITY ELIGIBILITY TO USE CONTENT WEBSITE BOOKINGS DONE BY TRAVEL AGENTS LIMITED LIABILITY RESPONSIBILITY OF USER SECURITY AND ACCOUNT RELATED INFORMATION FEES AND PAYMENTS PLATFORM CHARGES COMMISSION CHARGES USAGE OF THE MOBILE NUMBER TRAVEL INSURANCE OBLIGATION TO OBTAIN VISA FORCE MAJEURE ADVERTISERS ON Explorify Group L.L.C, AND LINKED WEBSITES RIGHT TO REFUSE RIGHT TO CANCEL FAKE CALLS AND OTHER SIMILAR PHISHING CONFIDENTIALITY INDEMNIFICATION MISCELLEANEOUS

This User Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Explorify Group L.L.C. By accessing or using our website, mobile application, or any other services provided by us (collectively, "Services"), you agree to be bound by the terms of this Agreement.

NOW THIS AGREEMENT WITNESSES AS FOLLOWS AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

 

WHEREAS:

  1. This User Agreement (the "Agreement") outlines the Terms and Conditions governing use of our website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree with the Terms of Company
  2. The Explorify Group L.L.C. is a company incorporated under Dubai Commercial Laws and engaged in the business of making avai10lable Tours and Travel related services to its end customers.
  3. The second party refers any person who inquiries about or purchases any products or services of Explorify Group L.L.C. through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. agree to be governed by this User AgreementThe second party refers any person who inquiries about or purchases any products or services of Explorify Group L.L.C through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. agree to be governed by this User Agreement.
  4. This User Agreement (the "Agreement") outlines the terms and conditions governing your use of our website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use our Services.Your use of our Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our Services, the consent to the practices described in our Privacy Policy.
  5. Explorify Group L.L.C. offers a range of travel-related services, including but not limited to BOOKING FLIGHTS, TRAINS, HOTELS, CAR RENTALS, VACATION PACKAGES, AND OTHER TRAVEL-RELATED PRODUCTS (collectively, the "Services"). We strive to provide accurate and up-to-date information based upon availability, but we do not guarantee the completeness, reliability, or availability of any Services.
  6. To access certain features of our Services, user is required to fill his/ her Particulars and proceed for creation of account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  7. When you make a booking through our Services, you agree to pay all applicable fees and charges. All transactions are subject to our booking policies, including cancellation and refund policies. Payment must be made through the available payment methods, and you are responsible for any additional fees, late fee or any other charges that may apply.
  8. Your uses of our Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our Services, the consent to the practices described in our Privacy Policy.
  9. Explorify Group L.L.C. is responsible for maintaining your confidentiality but if any information provided through third party and/ or any third party access will not be protected by the company.

 

1. DEFINITIONS

  1. “Affiliates” includes persons which are Controlled by Company, or under common Control of a person who is controlling Company.
  2. "Benefits” shall include any form of incentive and/ or rewards provided to the Travel Agent Partner for the Bookings done through the Company Platform.
  3. “Booking” means the booking of the Platform Service, through the Company Platform, between the Service Provider and Customer.
  4. “Booking Voucher” means voucher generated subsequent to the confirming of the Booking which gives the break-up of the listing price of the Platform Services, any applicable taxes along with the details of the Customer and the name of the Travel Agent partner.
  5. “Commission” shall mean a certain amount which may either be in the form of incentives, discounts, cashbacks, etc. or in any other form as provided under this Agreement.
  6. “Company Group” means any entity which is controlled by, or controls, or under common control as the Company.
  7. “Company Platform” means any present or future booking or information platforms (like websites, mobile applications, m-sites, processes and sales channels) owned or operated by any entity forming part of the Company Group. Company Platforms include the helpdesk@explorify.ae, www.explorify.ae and their respective mobile applications.
  8. “Control” means ability to, directly or indirectly, direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract or otherwise.
  9. “Content” any text, images, graphics, Software, audio, video, or other materials that are made available through their services.
  10. “Customer” includes any person, LLP, Company, Proprietorship, Partnership, HUF or any other entity who is the ultimate user of the Platform Services made available through the Company Platform.
  11. "Intellectual Property Right" means any patent, copyright, inventions, database rights, design right, registered design, trade mark, trade name, brand, logos, service mark, know- how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world.
  12. “Platform Services” means services made available by Service Provider(s) on the Company Platform which includes websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc.
  13. “Service Provider” means a third party who is making available Platform Services on the Company Platform, directly or indirectly, and is ultimately providing Platform Services or is responsible for Platform Services.
  14. “Wallet” means real prepaid stored value account of Travel Agent Partner maintained with the Company.
  15. “Payment” shall be made to Service Provider i.e., Explorify Group L.L.C only not to the Service provider.

 

2. APPLICABILITY:

  1. 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 Explorify Group L.L.C.
  2. Any person ("User") who inquiries about or purchases any products or services of Explorify Group L.L.C through its websites, and/ or 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 Explorify Group L.L.C are collectively referred to as 'Website'.
  3. Both User and Explorify Group L.L.C are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
  4. "Terms of Service" available on Explorify Group L.L.C. website shall be subject to the conditions applicable on various services and products facilitated by Explorify Group L.L.C. The User should refer to the relevant Terms of Service applicable for the given product and service as booked by the User. Such Terms of Service are binding on the User.

 

3. ELIGIBILITY TO USE:

  1. 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 Explorify Group L.L.C.
  2. In case of minor or is below the age of 18 years are not allowed to use the platform and website.
  3. Before using the Website, approaching any Sales Channels or procuring the services of Explorify Group L.L.C, the Users shall Completely 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 Explorify Group L.L.C. If the User does not agree with any part of this Agreement, then the User must not avail Explorify Group L.L.C? services and must not access or approach the Sales Channels of Explorify Group L.L.C.
  4. All rights and liabilities of the User and Explorify Group L.L.C with respect to any services or product facilitated by Explorify Group L.L.C shall be restricted to the scope of this User Agreement.

 

4. CONTENT:

  1. All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by Explorify Group L.L.C and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
  2. User agrees to follow all instructions provided by Explorify Group L.L.C which will prescribe the way such User may use the Content.
  3. There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of Explorify Group L.L.C, as may be applicable. Explorify Group L.L.C 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.

 

5. WEBSITE:

  1. The Website is meant to be used by bonafide User(s) for a lawful use.
  2. User 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.
  3. 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 manner whatsoever.
  4. 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 Explorify Group L.L.C is true and accurate.
  5. Explorify Group L.L.C 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.
  6. Explorify Group L.L.C 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 solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
  7. Explorify Group L.L.C reserves the right to periodically make improvements or changes in 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 violate of any applicable law to helpdesk@explorify.ae. On receiving such report, Explorify Group L.L.C reserves the right to investigate and/or take such action as the Company may deem appropriate.

 

User(s) shall not host, display, upload, publish, transmit or share any information on Explorify Group L.L.C. website or app which:

  1. Belongs to another person and to which the User does not have any right;
  2. obscene, pornographic, pedophilic, invasive of another?s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  3. Impersonates another person;
  4. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
  5. Harmful to child;
  6. Infringes any patent, trademark, copyright or other proprietary rights;
  7. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence, or prevents investigation of any offence, or is insulting other nation;
  8. Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of Explorify Group L.L.C. platform;
  9. Violates any law for the time being in force;

 

PROCEDURE TO REPORT OBJECTIONABLE/INFRINGING CONTENT

  • 1. User(s) can report any content on the Website/App 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.
  • 2. If the individual is of the view that any content on or listings on Explorify Group L.L.C contains any objectionable or infringing content, User(s) may fill out and submit at helpdesk@explorify.ae. Explorify Group L.L.C shall endeavor to review all complete and valid complaints within the prescribed timeframe under applicable law.
  • 3. The information shared as part of the complaint shall
    • a.) clearly identify the violations
    • b.) Location of the material on the Website, including but not limited to the link of the infringing material
    • c.) In case of any IP violations, proof of ownership of such IP and
    • d.) contact information
  • 4. Complainant consents that Explorify Group L.L.C shall share the contents of any complaint with necessary third parties including without limitation the accused parties involved to determine the respective rights and liabilities against any allegedly illegal content.
  • 5. Explorify Group L.L.C shall make commercially reasonable efforts to resolve all content related complaints within the time period prescribed under applicable law provided that:
    • a.) Complainant shall provide all relevant information and supporting documentation requested by Explorify Group L.L.C to enable the company to evaluate the complaint; and,
    • b.) Explorify Group L.L.C acts in good faith in the determination of any complaint and shall not be liable, in any manner whatsoever, for any act or omission of Explorify Group L.L.C pursuant to such complaint, and no such act or omission shall be construed to be an admission of any liability. All of Explorify Group L.L.C? rights in such matters are fully reserved. Explorify Group L.L.C does not provide any guarantee or warranty in respect of the outcome of any.

 

6. BOOKINGS DONE BY TRAVEL AGENTS:

  1. Except with the prior registration with Explorify Group L.L.C as B2B agents, priority partner or a franchisee, and explicit permission of Explorify Group L.L.C 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, Explorify Group L.L.C reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such travel agents and also to withhold payments or any refunds thereto. Explorify Group L.L.C 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.
  2. All discounts and offers mentioned on the Website are applicable only to the User(s) of Explorify Group L.L.C for legitimate bookings.

 

7. LIMITED LIABILITY:

  1. Unless Explorify Group L.L.C explicitly acts as a reseller in certain scenarios, Explorify Group L.L.C always acts as a facilitator by connecting the User with the respective service providers like airlines, hotels, restaurants, bus operators etc. (collectively referred to as "Service Providers"). Explorify Group L.L.C. liability is limited to providing the User with a confirmed booking as selected by the User.
  2. Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the third Party/ Service Provider. Explorify Group L.L.C will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.
  3. Unless explicitly committed by Explorify Group L.L.C as a part of any product or service:
  • a.) Explorify Group L.L.C assumes no liability for the standard of services as provided by the respective Service Providers.
  • b.) Explorify Group L.L.C provides no guarantee with regard to their quality or fitness as represented.
  • c.) Explorify Group L.L.C doesn't guarantee the availability of any services as listed by a Service Provider.
  • d.) By making a booking, User understands Explorify Group L.L.C merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not Explorify Group L.L.C. Thus the ultimate contract of service is between User and Service Provider.
  1. User further understands that the information displayed on the Website with respect to any service is displayed as furnished by the Service Provider. Explorify Group L.L.C, therefore cannot be held liable in case if the information provided by the Service Provider is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force.

 

8. RESPONSIBILITY OF USER:

  1. Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions shall be in condolence with the User Agreement.
  2. If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto.
  3. The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through Explorify Group L.L.C. The User further undertakes to comply with all applicable laws, regulations, order, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.
  4. The services are provided on an "as is" and "as available" basis means Explorify Group L.L.C shall provide services on the availability basis. Explorify Group L.L.C may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. Explorify Group L.L.C expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from Explorify Group L.L.C or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
  5. User also authorizes Explorify Group L.L.C? representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.

 

9. SECURITY AND ACCOUNT RELATED INFORMATION:

  1. While registering on the Website, the User will have to choose a password to access that User's account and User shall be solely 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 Explorify Group L.L.C immediately in writing of any unauthorized use of their password or account or any other breach of security. Explorify Group L.L.C 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 time.
  2. 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.
  3. Explorify Group L.L.C 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., Explorify Group L.L.C may at times verify certain information of its Users like their credit score, as and when required.
  4. Additionally, Explorify Group L.L.C may share your Personal Information in an anonymized and/ or aggregated form with a third party service provider that Explorify Group L.L.C may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing, credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.
  5. Explorify Group L.L.C adopts the best industry standard to secure the information as provided by the User. However, Explorify Group L.L.C cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.
  6. The data of the User as available with Explorify Group L.L.C may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

 

10. FEES AND PAYMENTS:

  1. In addition to the cost of booking as charged by the Service Providers, Explorify Group L.L.C reserves the right to charge certain additional fees in the nature of convenience fees or service fees. Explorify Group L.L.C further reserves the right to alter any and all fees from time to time. 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.
  2. In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, Explorify Group L.L.C shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to Explorify Group L.L.C. In cases where the short charge is claimed prior to the utilization of the booking, Explorify Group L.L.C will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
  3. Any increase in the price charged by Explorify Group L.L.C 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 as per applicable law.
  4. Booking in Different Circumstances:
    1. In the rare circumstance of a booking not getting confirmed for any reason whatsoever, Explorify Group L.L.C will process the refund of the booking amount paid by the User and intimate the User about the same. Explorify Group L.L.C 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 Explorify Group L.L.C as the case may be.
    2. Circumstances in which booking a service or product through Explorify Group L.L.C, and User receive confirmation that your booking is confirmed, it usually means that your payment has been successfully processed and your reservation is secured.
    3. Circumstance in which payment is not made and booking is not confirmed due to failure in making payment then Explorify Group L.L.C shall not be responsible for any compensation or refund.
  5. 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.
  6. The User agrees and understands that all payments shall only be made to bank accounts of Explorify Group L.L.C. Explorify Group L.L.C 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 Explorify Group L.L.C. 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 Explorify Group L.L.C or to any personal account of any person, Explorify Group L.L.C shall not be held liable for the same. User shall not hold any right to recover from Explorify Group L.L.C any amount which is transferred by the User to any third party.
  7. 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 Explorify Group L.L.C as Explorify Group L.L.C not asked for the same. The Explorify Group L.L.C can only ask for the UPI details, Transaction Number, Last Four digits of the card, date of payment. The User shall immediately inform Explorify Group L.L.C if such details are demanded by any of its agents' employees or representatives. Explorify Group L.L.C shall not be liable for any loss that the User incurs for sharing the aforesaid details.
  8. Refunds, if any, are subject to Refund and Cancellation Policy of the company.
  9. Booking(s) made by the User through Explorify Group L.L.C are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
  10. Explorify Group L.L.C provides various modes of making payments on the Website for transacting, like UPI, Credit/Debit Cards of various banks, Net Banking facility of all major banks, Explorify Group L.L.C and third party Wallets, Gift Cards, EMI and more.
  11. The Explorify Group L.L.C shall not accept any payment of service in cash if the amount exceeds Rs. 50,000/- (Rupees Fifty Thousand Only). At the time of payment, PAN Card is mandatory.

 

11. PLATFORM CHARGES

The User agree to pay the applicable platform fees as outlined in this section. These fees are in addition to the costs of travel services or products the user book through our platform. The Platform Fees may vary as per the amount basis based on companies policy and mutual agreement done with the third party platform service provider. This fee is typically a percentage of the total booking amount, depending on the type of service and as per the company policy.

Explorify Group L.L.C reserves the right to modify platform fees at any time. Any changes to the fees will be updated in this User Agreement and will apply to bookings made after the effective date of the change. Platform fees are generally non-refundable except as required by law or as explicitly stated in our refund policy.

 

12. COMMISSION CHARGES

Explorify Group L.L.C charges commission with regards to the services provides from its platform. The commission earned by the company are chargeable to taxes as applicable in India. The end user is bound to pay for commission charges duly levied by the company.

In addition to supplier commissions, Explorify Group L.L.C may also earn commission from third- party service providers whose services are offered through our platform. Such commissions are part of the service price and are not separately disclosed to users.

The Explorify Group L.L.C may also charge commission on their services and such commission will be a part of their service price. The Minimum commission charge by Explorify Group L.L.C will be: On Freight- 5%

On Hotel- 5%

On other services- depending upon the policy of company

These commission rates may depending upon the service provider or type of service booked or avail.

13. USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY Explorify Group L.L.C:

  1. Explorify Group L.L.C 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.
  2. Explorify Group L.L.C 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 the same.
  3. The User hereby unconditionally consents that such communications via SMS, internet- based messaging applications like WhatsApp, voice call, email or any other mode by Explorify Group L.L.C are:
  • a) Upon the request and authorization of the User;
  • b) Transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and
  • c) In compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
  1. The User will indemnify Explorify Group L.L.C against all types of losses and damages incurred by Explorify Group L.L.C 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 Explorify Group L.L.C 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.

 

14. TRAVEL INSURANCE:

  1. Unless explicitly provided by Explorify Group L.L.C in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case Explorify Group L.L.C shall accept any claims arising out of such scenarios.
  2. Insurance, if any provided as a part of the service or product by Explorify Group L.L.C shall be as per the terms and conditions of the third-party insurance company. Explorify Group L.L.C merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. Explorify Group L.L.C shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

15. OBLIGATION TO OBTAIN VISA:

  1. International bookings made through Explorify Group L.L.C are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the User as per the requirement of their travel bookings and the requirements of the countries the User intends to visit or transit through.
  2. Explorify Group L.L.C is not responsible for any issues, including inability to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of Explorify Group L.L.C for the visa process too. Refund, if any, will be as per the applicable terms of booking and cancellation policy.

 

 

16. FORCE MAJEURE:

  1. There can be exceptional circumstances where Explorify Group L.L.C and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of Explorify Group L.L.C.
  2. The User agrees that in the event of 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, Explorify Group L.L.C? obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge Explorify Group L.L.C from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
  3. In no event shall Explorify Group L.L.C 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.

17. ADVERTISERS ON Explorify Group L.L.C, AND LINKED WEBSITES:

  1. The Website may contain links to third party websites. Explorify Group L.L.C does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User's risk and Explorify Group L.L.C shall assume no liability for the same.
  2. Explorify Group L.L.C 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.
  3. Explorify Group L.L.C 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.
  4. The linked sites are not under the control of Explorify Group L.L.C and hence Explorify Group L.L.C 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. Explorify Group L.L.C is providing these links to the Users only as a convenience.

 

18. RIGHT TO REFUSE:

A. RIGHT TO REFUSAL BY Explorify Group L.L.C:

  1. Explorify Group L.L.C at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.
  2. Explorify Group L.L.C will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.
  3. In addition to other remedies and recourse available to Explorify Group L.L.C under this User Agreement or under applicable law, Explorify Group L.L.C 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:
  • a) The User is in breach of this User Agreement; or
  • b) Explorify Group L.L.C is unable to verify or authenticate any information provided by the User; or
  • c) Explorify Group L.L.C 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 Explorify Group L.L.C, or Explorify Group L.L.C itself.
  1. Once a User has been suspended or terminated, such User shall not register or attempt to register with Explorify Group L.L.C with different credentials, or use the Website in any manner whatsoever until such User is reinstated by Explorify Group L.L.C. Explorify Group L.L.C may at any time in its sole discretion reinstate suspended users.
  2. If a User breaches this User Agreement, Explorify Group L.L.C reserves the right to recover any amounts due to be paid by the User to Explorify Group L.L.C, and to take appropriate legal action as it deems necessary.
  3. The User shall not write or send any content to Explorify Group L.L.C which is, or communicate with Explorify Group L.L.C using language or content which is:
  • a) Abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
  • b) Contrary to any applicable law;
  • c) Violates third parties' intellectual property rights;
  • d) A spam; or
  • e) In breach of any other part of these terms and conditions of use.
  1. If the User violates any of the aforesaid terms, Explorify Group L.L.C shall be at liberty to take appropriate legal action against the User.

 

B. RIGHT TO REFUSAL BY END SERVICE PROVIDER:

User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through Explorify Group L.L.C with/without assigning any reasons or owing to reasons including but not limited to behavioral issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of Explorify Group L.L.C and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not Explorify Group L.L.C.

 

19. RIGHT TO CANCEL:

  1. The User expressly undertakes to provide Explorify Group L.L.C 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 Explorify Group L.L.C.
  2. In case Explorify Group L.L.C discovers or has reasons to believe at any time 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, Explorify Group L.L.C 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, Explorify Group L.L.C 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.
  3. If any judicial, quasi-judicial, investigation agency, government authority approaches Explorify Group L.L.C to cancel any booking, Explorify Group L.L.C will cancel the same without approaching the concerned User whose booking has been cancelled.
  4. The User shall not hold Explorify Group L.L.C responsible for any loss or damage arising out of measures taken by Explorify Group L.L.C for safeguarding its own interest and that of its genuine customers. This would also include Explorify Group L.L.C denying or cancelling any bookings on account of suspected fraud transactions.

 

20. FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES:

  1. Explorify Group L.L.C's 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.
  2. 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.
  3. If you are ever asked for any of the aforesaid information, please report it immediately on helpdesk@explorify.ae.

 

21. CONFIDENTIALITY:

Any information which is specifically mentioned by Explorify Group L.L.C 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. The Explorify Group L.L.C shall not be responsible to maintain the confidentiality of any information received from third party.

 

22. INDEMNIFICATION:

  1. The User agrees to indemnify, defend and hold harmless Explorify Group L.L.C, 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.
  2. The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and Explorify Group L.L.C cannot be held responsible for the same.

 

23. MISCELLEANEOUS:

  1. 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.
  1. JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Uttar Pradesh.
  1. AMENDMENT TO THE USER AGREEMENT: Explorify Group L.L.C reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
  1. FEEDBACK FROM CUSTOMER: Explorify Group L.L.C would like to know the feedback of the Users for improving its services. The User hereby authorizes Explorify Group L.L.C to contact the User for their feedback on various services offered by Explorify Group L.L.C. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to Explorify Group L.L.C for specific exclusion at helpdesk@explorify.ae.
  1. PRIVACY POLICY: User shall also refer to Explorify Group L.L.C? Privacy Policy available on Explorify Group L.L.C? website which governs use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User?s personal information by Explorify Group L.L.C and its affiliates in accordance with the terms of the Privacy Policy.
  1. GRIEVANCE REDRESSAL: Explorify Group L.L.C strongly believes in resolving the issues raised by the User(s). In the event if user feels that its concern has not been resolved to its satisfaction, User may contact our grievance officer, who shall endeavor to redress the concern within 30 days from the date of escalation. To reach the grievance officer please use this link to submit the details. User(s) are advised to escalate to the grievance officer only when they have already raised their complaint which has not been resolved to their satisfaction, or their concern has not been resolved within 30 days from the date of ticket generation. User(s) will be required to share their booking reference number and the ticket ID generated for their complaint, for any escalations to the Grievance Officer through this link.