Agreement between User and Starfish Adventures Private Limited
Applicability of the Agreement:
This agreement (User Agreement) incorporates the terms and conditions for Starfish Adventures Pvt. Ltd. and its affiliate Companies (Starfish) to provide services to its users (User) intending to purchase or inquire for any products and/or services of Starfish by using Starfish ‘s websites or using any other customer interface channels of Starfish which includes its sales persons, offices, call centres, advertisements, information campaigns etc.
Both User and Starfish are individually referred to as ‘party’ to the agreement and collectively referred to as ‘parties’.
User’s responsibility of cognizance of this agreement:
The Users availing services from Starfish shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Starfish for all purposes, and shall be binding on the User.
Starfish reserves the right, in its sole discretion, to terminate the access to any or all Starfish websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever. In addition to this Agreement, there are certain Terms of Service (TOS) specific to the services rendered/products provided by Starfish like the holiday packages, adventure sports etc. Such TOS will be provided/updated by Starfish which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/product availed by the User. Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers’ fare rules, contract of carriage or other rules.
Starfish’s services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Starfish’s services.
In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any other Starfish document, then these terms shall control.
Third Party Account Information:
By using the service mentioned in Starfish’s websites, the User authorizes Starfish and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Starfish immediately in writing of any unauthorized use of their password or account or any other breach of security. Starfish will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.
Starfish reserves the right to charge transaction fees based on certain completed transactions using the services. Starfish further reserves the right to alter any and all fees from time to time, without giving any prior notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case there is a short charging by Starfish for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
In the rare possibilities of the transaction not getting confirmed for any reason whatsoever, Starfish will process the refund and intimate you of the same. Starfish is not under any obligation to make another booking in lieu of or to compensate/replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
No refund would be payable to the User for any requests made for unutilized or “no show” bookings and all amounts for such unutilized or “no show” bookings shall be deemed to have been forfeited.
Any information which is specifically mentioned by Starfish 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 agreement and the obligations of both the parties therein.
Usage of the Mobile Number of the User by Starfish:
Starfish may send booking confirmation & itinerary information & update the customer on the booking status and any further itinerary information via SMS (short messaging service) on the mobile number given by the customer at the time of booking.
The customer hereby unconditionally consents such intimation via SMS by Starfish in accordance with the ‘Do not disturb’ guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad.
Onus of the User:
Starfish will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represents and confirms that they are of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
Advertisers on Starfish or Linked Websites:
Starfish is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. Starfish does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The linked sites are not under the control of Starfish and Starfish is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
Starfish is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by Starfish.
Unless explicitly provided by Starfish in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and Starfish doesn’t accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/product by Starfish shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and Starfish shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
Force Majeure Circumstances
The user agrees that there can be exceptional circumstances where the service operators may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If Starfish is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The User agrees that in situations due to any technical or other failure in Starfish, services committed earlier may not be provided or may involve substantial modification.
In such cases, Starfish shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Starfish against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
Starfish shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such events, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of Starfish arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Starfish for its services.
In no event shall Starfish and/or its agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Starfish website(s) or any other channel. Neither shall Starfish be responsible for the delay or inability to use the Starfish websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Starfish website(s), or otherwise arising out of the use of the Starfish website(s), whether based on contract, tort, negligence, strict liability or otherwise.
Starfish is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
Safety of Data Downloaded:
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, Starfish will always make its best endeavours to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
Feedback from Customer and Solicitation:
The customer is aware that Starfish provides various services like hotel bookings, adventure sports etc, car rentals, holidays and would like to learn about them, to enhance his / her travel experience.
Starfish may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The User may use this material only as expressly authorized by Starfish and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
VISA obligations of the User:
The travel/tour/adventure sports/etc. bookings done by Starfish are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. Starfish is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.
Personal and Non-Commercial Use Limitation:
Unless otherwise specified, the Starfish services are for the User’s personal and non-commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Starfish website(s) without the express written approval from Starfish.
The User agrees to indemnify, defend and hold harmless Starfish and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Starfish and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Starfish cannot be held responsible for the same.
Right to Refuse:
Starfish at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by Starfish is not complete until full money towards the service is received from the customer and accepted by Starfish.
Without prejudice to the other remedies available to Starfish under this agreement, the TOS or under applicable law, Starfish may limit the user’s activity, or end the user’s listing, warn other users of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the website if the user is in breach of this agreement, the TOS and/or the documents it incorporates by reference, Starfish is unable to verify or authenticate any information provided by the user; or Starfish 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 the website and/or Starfish.
Starfish may at any time in its sole discretion reinstate suspended users. Once the users have been indefinitely suspended the user shall not register or attempt to register with Starfish or use the website in any manner whatsoever until such time that the user is reinstated by Starfish.
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, Starfish reserves the right to recover any amounts due and owing by the user to Starfish and/or the service provider and to take strict legal action as Starfish deems necessary.
Right to Cancellation by Starfish in case of Invalid Information from User:
The User expressly undertakes to provide to Starfish only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Starfish.
In case Starfish 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 them is not correct or that any fact has been misrepresented by him, Starfish in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, Starfish shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies Starfish of any such claim or liability and shall not hold Starfish responsible for any loss or damage arising out of measures taken by Starfish for safeguarding its own interest and that of its genuine customers. This would also include Starfish denying/cancelling any bookings on account of suspected fraud transactions.
Interpretation Number and Gender:
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole.
If any provision of this 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 Agreement shall continue to be in full force and effect.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Starfish Websites or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Starfish website, then these terms shall control.
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Starfish websites or its partner websites, shall be deemed to constitute a partnership between the User and Starfish and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
It endeavours its best to ensure that User does not face any inconvenience. However, at times, the information, software, products, and services included in or available through the Starfish websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Starfish notices them. Changes are/may be periodically made/added to the information provided such. Starfish may make improvements and/or changes in the Starfish websites at any time without any notice to the User. Any advice received except through an authorized representative of Starfish via the Starfish websites should not be relied upon for any decisions.
Starfish reserves the right to change the terms, conditions, and notices under which the Starfish websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
Starfish hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Starfish considers itself and intends to be subject to the jurisdiction only of the courts of Port Blair, Andamans and Nicobar Islands, India.
Cancellation Policy (Adventure Sports Tours)
The cancellation policy is specific to the Adventure Sports tour that you are booking. Cancellation policy may vary & subject to change without prior notice.
Cancellation policy prior to the date of booking by the User shall prevail as follows:
- Within 15 days before the date of booking- No refund shall be provided.
- 16-30 days before the date of booking- 25% of the booking cost shall be refunded.
- 31-60 days before the date of booking- 50% of the booking cost shall be refunded.
- 61 days+ before the date of booking- 100% of the booking cost shall be refunded.
- In the fore coming event of bad weather conveyed to Starfish by way of weather forecast/official warnings etc., the adventure sports tour shall be rescheduled to another date and/or time with the consent of the User. If the User does not wish to avail a rescheduled tour, 100% of the booking cost shall be refunded for the specific date of booking.
- No refund shall be provided in case of a No Show by the User and/or customer.
- The Adventure Sports tour shall start in the stipulated time. Reporting time is 30 minutes prior to the scheduled time of excursion. Late arrival by less than 15 minutes prior to the scheduled time of excursion shall be considered as a No Show and no refund shall be provided.
Cancellation policy for Mid-Tour cancellation:
- In the event of any force majeure event during the adventure sports tour which is beyond the control of Starfish and which shall lead to cancellation of the tour midway, 50% of the booking cost shall be refunded.
- In the event of a technical problem mid-way during the adventure tour, 100% of the booking cost shall be refunded.
- In the event of the User and/or customer deciding to withdraw from the tour by their own free will due to fear, anxiety etc., no refund shall be provided.
- In the event of the User and/or its associates, on whose behalf the User has made booking, not complying with the rules and regulations specified prior to the adventure sports tour, the User and/or its associates’ tour shall be cancelled and no refund shall be provided.
- In all other events excluded above, no refund shall be provided.
Terms & Conditions
- All tours and activities is advised to be booked with 100% payment at least 90-60 days’ prior arrival.
- Payment may be done by Bank transfer/Credit card/ Debit Card/ Net Banking.
- All hotel vouchers, Service vouchers, will be confirmed after receiving advance payment.
All refund will proceed within 30 days after adjusting of cancellation charges if applicable.
This policy is effective as of January 1, 2019. Any material changes in the way Starfish uses personal information will be described in future versions of this Privacy Statement. Of course, you may always submit concerns regarding our Privacy Statement or our privacy practices via email to email@example.com.
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