- The Wildside is a travel photography company specialising in crafting bespoke adventures, photo tours, safaris and leisure holidays in India and internationally (hereinafter referred to as the “Company/We/Us/Our”). The Company has its registered office at 9B, Bharathiyar Road, Ganapathy, Coimbatore 641 006.
- The terms and conditions (hereinafter referred to as the “Terms”) on our website, https://www.thewildside.in/ (hereinafter referred to as the “Website”) are made available to the customer (hereinafter referred to as “You/Your/Yours/Customer/User”). These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 thereunder, as amended from time to time.
- Please note that You availing a booking with the Company shall signify that You had the opportunity to read these terms and conditions and Your acceptance of the Terms and Your agreement to be legally bound by the same. The Company shall not be liable for any consequences arising out of Your failure to fully read and understand the Terms and Conditions. By confirming Your booking, You agree that You had the opportunity to read and have read these terms and conditions, agree to them in full.
- If You have any questions, complaints or comments on the Website then You may contact Us at firstname.lastname@example.org, or use the “Contact Us” feature on the Website or use the alternative modes of correspondence enlisted on that page.
TERMS OF WEBSITE USE
- The User of the Website 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 the Company. If You are a minor or are below the age of 18 years, You shall not use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age or under the supervision and consent of a person of legal contracting age (legal guardian or parents). We reserve the right to terminate Your services 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 given to us is false.
- All information, content, material, trademarks, services marks, trade names, Copyright and trade secrets including but not limited to the software, text, images, graphics, video and audio, contained in the Website are proprietary property of the Company (hereinafter referred to as the “Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Website shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. Any unauthorized use of the Content, will be in violation of the Intellectual Property Laws of India.
- The Company 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 the following information:
- Clear identification of such copyrighted work that Your claim has been infringed;
- Location of the material on the Website, including but not limited to the link of the infringing material;
- The proof that the alleged copyrighted work is owned by You;
- Contact information;
Release of Liability
- The Company cannot be held liable for:
- i. damage to Your computer system, tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed or other proprietary material that results from Your use of the Website or in connection with Your downloading of any material posted on it, or on any website linked to it;
- ii. any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which You may incur as a result of any event beyond Our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or Your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium)
- iii. any errors and accuracy of the information that may be contained in the Website. We endeavour to address any feedback from User to make the Website and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose nor We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
TERMS OF SERVICE
- The Company is committed to curating world-class photo tours, workshops, tailor-made holidays, and bespoke private guided safaris and operates with a vision centered on prioritizing the Customers’ needs in planning trips by creating the right photographic opportunity and by equipping them with our travel expertise in the journey through The Wildside. If You so desire to participate in any of the photo tours, workshops, tailor-made holidays, and bespoke private guided safaris arranged by the Company, You shall agree to the following terms:
- i. You understand that once You read the Terms and avail the servicesof the Company, You invariably accept to the Release of Liability,Indemnification and Assumption of Risk policy of the Company.
- ii. You understand that the Company will assist or advise You withpertinent information regarding passports, visas, anddomestic/international health requirements, but it is Yourresponsibility to ensure that passports, visas, travel permits, healthcertificates, inoculations, or other required documentation areobtained, current, and in order. The Company recommends that atYour own will, You obtain, at Your cost, any type of travel ormedical insurance, as You may deem necessary for Your travel.
- You certify that You have read this entire document and fully understand its contents and the type of risks inherent in such trips, whether for workshops, group tour, adventure travel or photography trips/tours, safaris, custom vacations and expeditions. In consideration of, and as part payment for the right to participate in Workshops, trip, and the activities, services, and food arranged for You by the Company, You and the activities, services, and food arranged for You by the Company, You agree on behalf of Yourself and any such minors accompanying You to INDEMNIFY, defend, and hold harmless the Company, its directors, officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers, for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of Workshops, group tour, adventure travel or photography trips/tours, safaris and expeditions including without limitation to those losses arising out of the joint or concurrent, active or passive, negligence, wrongful acts, omissions and or strict liability of the Company.
Release of Liability:
- In further consideration of, and as part payment for the right to participate in this Workshop, group tour, adventure travel or photography trips/tours, safaris, custom vacations and expeditions and the activities, services, and food arranged for You by the Company, You, agree on behalf of Yourself and any such minors accompanying You to RELEASE the Company, its directors, officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers, for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to the Company’s property, which might occur during the activities of this Workshop, including without limitation those losses arising out of the joint or concurrent, active or passive, negligence, wrongful acts, omissions and or strict liability of the Company.
Assumption of Risk:
- To the fullest extent permitted by applicable law, You expressly assume anyand all risks arising from, caused by, or connected with, the Workshop, grouptour, adventure travel or photography trips/tours, safaris, custom vacation andexpeditions in which You are allowed to participate, including but not limitedto those described herein, and pledge not to sue the Company on account ofsuch losses, claims, costs, liabilities, injuries or damages. Further, You agreenot to claim the unenforceability of this Release, Indemnification, andAssumption of Risk. You agree that the foregoing obligation shall be bindingupon You personally as well as upon your heirs, assigns, executors andadministrators, and members of Your family, and shall also be binding uponany minors who accompany You.
Representation of Good Health:
- Unless conveyed to us in writing, You are taken to confirm at the time of booking that You are in good health, have no medical, mental or physical conditions that affect Your ability to travel and/or participate in adventure travel, photography tours/trips and expeditions and have not been advised otherwise by a medical practitioner. If You are unable to give this confirmation for any reason or have any medical condition or disability which may affect Your ability to participate in the Workshop, group tour, adventure travel or photography trips/tours, safaris, custom vacation and expeditions, You are responsible for any condition that may arise and the Company’s decisions before, during or after the trip will not be reviewed or judged upon. You must contact us before You choose the event/pay so that we can assist You in considering the suitability of the trip for You. You are solely responsible for Your choice of the trip irrespective of the guidance provided. You acknowledge that the Company is in no way responsible for any costs related to Your medical care during or after the travel
Cancellation and Refunds:
- In the event of a cancellation or modification of Your confirmed booking, The Company’s Cancellation and Refund Policy will be applicable, and You fully agree to be bound by them. All refunds will be made within a reasonable period of time at the discretion of the Company, as and when the Company receives refunds from its Suppliers incidental to your booking. The Company shall make the refunds in any mode that is convenient for the Company.
- Governing law and jurisdiction
- i. This agreement is governed by the laws of Tamil Nadu
- ii. Each party irrevocably and unconditionally submits to the jurisdiction of the courts of Tamil Nadu
- iii. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision, to the extent it shall be illegal or unenforceable, shall be deemed to be severed from this agreement and the remaining provisions will nevertheless remain in full force and effect. In the event of any conflict between the terms of this Agreement and the offer letter, the terms contained in this agreement will prevail.
- iv. The parties agree to submit themselves to the jurisdiction of the Courts in Tamil Nadu, India
- Any controversy or claim arising out of, or relating to the Release of liability or the performance thereunder, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by invoking Arbitration in Tamil Nadu in accordance with the provisions of Arbitration and Conciliation Act, 1996 for the time being in force and as amended from time to time. The Company shall appoint the sole arbitrator and the arbitration shall be in English. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in this agreement.
- Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to email@example.com.
- Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
- Relationship: You acknowledge that Your participation on the Website, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
- The Company provides these Terms so that You are aware of the terms that apply to Your use of the Website and Services. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.
- Any feedback You provide with respect to the Website shall be deemed to be non-confidential. The Website shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Website may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
- We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at firstname.lastname@example.org