Updated 12 May 2017
The terms and conditions published herein is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.adventureinsikkim.com (hereinafter referred to as “Website”) is owned by Adventure Zone. (Hereinafter referred to as “Adventure Zone”) a Firm registered under the office of the District Collector, Government of Sikkim with its registered office at Bojoghari,Burtuk, East Sikkim (Post Office- Bojoghari – 737103, Sikkim, India.
Buyer’s use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If the Buyers transact on the Website, The Buyers shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, The Buyers shall be impliedly contracting with Adventure Zone and these terms and conditions including the policies constitute Buyer’s binding obligations, with Adventure Zone.
For the purpose of these Terms and Conditions, wherever the context so requires “Buyer” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered Buyer using the computer systems. Adventure Zone allows the Buyer to surf the Website without registering on the Website, however to make purchases, the Buyer must be registered on the Website.
When The Buyers use any of the services provided by Adventure Zone through the Website, including but not limited to, (e.g. Product Reviews), The Buyers will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. Adventure Zone reserves the right, at Adventure Zone’s sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to The Buyers. It is Buyer’s responsibility to review these Terms and Conditions periodically for updates / changes. Buyer’s continued use of the Website following the posting of changes will mean that The Buyers accept and agree to the revisions. As long as The Buyers comply with these Terms and Conditions, Adventure Zone grant The Buyers a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
CONTENT POSTED ON THE SITE
In relation to the activities/products offered on the website, the text, graphics, Client interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is Adventure Zone generated content.
Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Adventure Zone’s express prior written consent.
The Visitor/client may use information on the products and services purposely made available on the Website for downloading, provided that The Visitor/client (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Client’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
When The Visitor/client use the Website or send emails or other data, information or communication to us, The Visitor/client agree and understand that The Visitor/client are communicating with Adventure Zone through electronic records and The Visitor/client consent to receive communications via electronic records from Adventure Zone periodically and as and when required. Adventure Zone may communicate with the Visitor/client by email or by such other mode of communication, electronic or otherwise.
PLATFORM FOR TRANSACTION AND COMMUNICATION
THE WEBSITE IS A PLATFORM THAT VISITOR/CLIENT UTILIZE TO DISCOVER ADVENTURE ZONE ACTIVITIES/PRODUCTS AND TO SHOW INTEREST IN PURCHASING THESE ACTIVITIES/PRODUCTS.
While availing any of the payment method/s available on the Website, Adventure Zone will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to The Clients due to:
- Lack of authorization for any transaction/s, or
- Exceeding the pre-set limit mutually agreed by The Clients and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by the Clients shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering Client’s order to the Clients, Adventure Zone may request the Clients to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by the Clients for Client’s purchase. This is done in the interest of providing a safe online shopping environment to Adventure Zone’s Clients.
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bi partite contractual obligations between Client and Adventure Zone and payment facility is merely used by the Client and Adventure Zone to facilitate the completion of the Transaction.
- The Clients have specifically authorized Adventure Zone or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Clients in respect of transactions through Payment Facility. Client’s relationship with Adventure Zone is on a principal to principal basis.
- The Clients understand, accept and agree that the payment facility provided by Adventure Zone is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Adventure Zone Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Adventure Zone is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
- All commercial/contractual terms are offered by and agreed to between the Visitor/client and Adventure Zone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
- The Visitor/client can take a close look at the Website for a complete description of the products. In spite of Adventure Zone doing its best to describe and present the activities/products being sold on the website as accurately as possible, some product characteristics may be altered slightly. Despite all precautions by Adventure Zone, there may be inadvertent errors, and Adventure Zone shall not under any circumstances be held liable should this arise. The photographs of products shown on the Website are not contractually binding. Under no circumstances may Adventure Zone be held liable on the basis of said photographs or description of the activities/products being sold.
- Adventure Zone attempts to keep the elements mentioned on its website accurate and complete. In particular the information about pricing, specifications and in general case all information about Adventure Zone’s activities/products is subject to change without notice. It is possible that there could be errors or omissions in the information provided in this website. The information could also be incomplete. Adventure Zone is not responsible for any errors, omissions or representations on any of Adventure Zone’s pages or any links on any of Adventure Zone’s pages.
The prices displayed on activities/products are expressed in Indian Rupees and shall include all taxes applicable by law. Product prices shall not include delivery charges, the cost of certain forms of packing or charges for certain optional services selected by the Customer. ADVENTURE ZONE shall have the right to refuse or cancel any orders placed by the Customer. Pricing on any product(s) as is reflected on the Website may be subjected to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event Adventure Zone may cancel Client’s order(s).
The Visitor/client release and indemnify Adventure Zone and representatives from any cost, damage, liability or other consequence of any of the actions of the visitor on the Website and specifically waive any claims that the Visitor/client may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Adventure Zone cannot take responsibility or control the information provided by other Visitor/client which is made available on the Website. The Visitor/client may find other Client’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive.
The Visitor/client understand that upon initiating a transaction the Visitor/client are entering into a legally binding and enforceable contract with ADVENTURE ZONE to purchase the package/products using the Payment Facility, and The Visitor/client shall pay the Transaction Price through client Issuing Bank to ADVENTURE ZONE using Payment Facility.
The Visitor/client shall electronically notify Payment Facility using the appropriate Adventure Zone Website features immediately upon successful payment within the time period as provided in the Policies.
The Visitor/client shall be entitled to claim a refund of the Transaction Price in case The Visitor/client wants to cancel the package/product.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refund shall be conditional and shall be with recourse available to Adventure Zone in case of any misuse by Visitor/client.
Refund shall be subject to Visitor/client complying with Policies.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Visitor/client and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Visitor/client. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Visitor/client and the respective Issuing Bank.
When you book with us, we recommend that you read our cancellation policy before committing or entering into an agreement with us. Cancellations can have a big impact on us, especially if we have turned away potential clients and closed our advance booking after reaching our per day limit. However, we understand that plans change and that life gets in the way – and that’s why we offer several options on how to change/cancel your booking.
If you wish to cancel your scheduled adventure, a minimum of 3 days notice applies prior to activity date.
In the event of a cancellation up to 3 days prior to the scheduled date, we will offer you a full refund.
If you cancel your reservation within 2 days before of the scheduled adventure date, a cancellation charge of 25% of the total amount will be charged.
You are also welcome to reschedule to suitable date.
If you do not cancel, but you fail to arrive without notification, you agree that 50% of the total amount will be charged.
There will be no refund in case you decide to cancel the activity even if the weather is suitable for the activity after reaching the takeoff point for paragliding.
If we could not record your video/stills due to any technical issue with our video/still camera equipment we will refund the video/still charges.
Cancellation by Adventure Zone in the Event of Inclement Weather
Certain activities are weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, Adventure Zone has the discretion as to whether the weather conditions will prevent the activity from taking place.
Subject to the Visitor/client’s consent, Adventure Zone and the Visitor/client may choose to reschedule the activity for another date. If the dates cannot be rescheduled, 100 % refund of the Payment for such booking will be done within a commercially reasonable time(5-10days) of the cancellation.
We are not responsible for any incidental expenses that you may have incurred as a result of your booking including local taxi fare and other charges which you have incurred.
Refunds are issued to the payment method used at the time of transaction.
Refunds cannot be processed to third-party accounts. The name on your refund page should match with the name of the bank account holder.
NEFT refunds will typically be processed in one business day from our end and will be credited to your account in two business days.