TERMS OF SERVICE
CULTURERINGS.COM (“Website”) is the property of and is operated by MS. Kaveri Sinhji, the sole proprietrix of ONE WORLD, a sole proprietorship concern having its office at No.1761 Nandeeshwara Krupa, Devaraja Nagara, Doddaballapur Pin code. 561203 (hereinafter referred to as “ONE WORLD”, which expression shall, where the context admits, include her heirs, legal representatives, executors and administrators).
For the purposes of these Terms of Service, “we”, “our” and “us” shall mean ONE WORLD and “you” and “your” shall mean a user of the Website who meets the eligibility criteria set out below and is desirous of availing of our Services (“User”).
By clicking on the “I accept the terms and conditions” button, you signify that you have read, understood and agreed to be bound by these terms of service (“Terms of Service”) and any applicable law. The Terms of Service set out the terms on which we will render the Services to you and certain other aspects of our relationship. These Terms of Service shall be binding on you for the duration of your availing the Services.
We request you to read the terms below carefully before confirming your acceptance thereof. In case any of the terms are not acceptable to you, please do not proceed to use any of our Services. Our Services are available to you only upon your acceptance of Terms of Service.
- You represent and warrant that you are competent and eligible to:
- avail of the services provided by ONE WORLD from time to time (collectively, “Services”);
- enter into a legally binding agreement; and
- be bound by these Terms of Service.
- You shall not access and use the Website or avail of the Services if you are not competent to contract under Indian law.
- We reserve the right to refuse our Services to anyone for any reason at any time.
- You understand that the content submitted by you on the Website (excluding credit/debit card information), may be transferred unencrypted and may involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, without our prior written permission.
- Accepting these Terms of Service implies your express consent to be contacted by us, or our Representatives (defined below), or anyone on our behalf at any contact number, or physical or electronic address provided by you.
- ONE WORLD reserves the right to alter any and all fees, for Services provided, from time to time without prior notice.
- The headings used herein are included for convenience only and will not limit or otherwise affect these Terms of Service.
- Any and all information supplied by you to us must be true, accurate, current and complete.
THIRD-PARTY TOOLS OR SERVICES
- We are not responsible for examining or evaluating the content and accuracy of any third-party materials, tools or services provided, and shall have no liability whatsoever arising from or relating to your use of third-party tools or services provided through our Website.
- You agree not to make any claims against or seek compensation from ONE WORLD or our Representatives with respect to any third party tools or services provided as a part of our Services or any products purchased in the course of or while availing the Services.
- Your recourse, if any, in the event of any claim arising shall be against such third party service provider or manufacturer thereof based on the terms offered by them.
- You are prohibited from using the Website and/or the Services rendered by us:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, national or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others; and/or
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- You hereby agree to not use the Website:
- to submit to us any false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; and/or
- to interfere with or circumvent the security features of the Website, other websites, or the internet.
- We reserve the right to terminate or suspend your use of the Website or the Services in the event of your breach of this Clause 4.
- You agree to: (a) obey the directions and instructions of our Representatives involved in the rendering of the Services; (b) not disturb other participants or interfere with our Representatives’ ability to render the Services in a safe manner; and (c) respect the cultural ethos of the places visited and experiences arranged and not in any way disparage or denigrate the persons providing such access or facilitating such experiences.
- ONE WORLD and/or our representatives reserve the right to make route modifications as necessary to improve the quality of the Services or to accommodate the comfort and well-being of the participants.
- You hereby grant us express permission to take photographs or film records in the course of rendering the Services for promotional and commercial use, without remuneration.
- While you are allowed to take photographs or film records (subject to any restrictions prevailing at the places visited or experiences arranged) for your personal use, if you wish in any way to commercially utilize the same, this will need to be intimated to us in advance and may be undertaken only once consented to on such terms as may be conveyed to you.
CERTIFICATION OF HEALTH
- While participating in any of our food, drink, walking or cycling tours, it is your responsibility to assess your own level of health and fitness prior to your making of the booking with us and to subsequently inform us of any existing health conditions or health impediments.
- Prior to the commencement of the Services, you will be required to disclose to us, whether you suffer from any medical condition which may prevent you from availing of the Services, including, but not limited to, allergies, epilepsy, injury, heart condition, asthma or visual impairment. While ONE WORLD may in the event any health issues arise in the course of availing of the Services try and assist with obtaining the requisite medical assistance, it shall not be held monetarily or otherwise liable for the same, notwithstanding whether such issues were pre-existing or arose during or on account of availing of the Services.
- ONE WORLD reserves the right to decline accepting or retaining any User whose health or actions in our judgement, may impede the functioning of the trip or enjoyment of fellow Users.
- The Website and the Services are provided “AS-IS” and “AS AVAILABLE” without any warranties, representations or conditions of any kind and without any endorsement. ACCORDINGLY, THE SERVICES OR PRODUCTS, IF ANY, PROVIDED BY ONE WORLD OR ITS THIRD PARTY SUPPLIERS/MANUFACTURERS ARE RENDERED OR FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
- ONE WORLD makes no warranty that the Website or the Services will meet your requirements, be uninterrupted, timely, secure, and/or error free (if applicable); nor does ONE WORLD make any warranty as to the results that may be obtained from the Website or the Services or as to the reliability and/or quality of the output derived therefrom.
- You agree to defend, indemnify and hold harmless ONE WORLD and its affiliates, officers, agents, contractors, licensors, vendors, service providers, subcontractors, suppliers and any other personnel (“Representatives”) from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of the Website and the Services offered, in violation of these Terms of Service.
LIMITATION OF LIABILITY
- By confirming any booking with ONE WORLD, you release us and our Representatives from all costs, liabilities, loss or damage incurred by you directly or indirectly during the course of availing of the Services. ONE WORLD will not be responsible for any personal injury, illness, death or damage to or loss of your property resulting directly or indirectly from any acts of any person, including a participant, third party service providers or vendors, delays, cancellations.
- In no event shall we be liable to you for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise.
- ONE WORLD is not liable for expenses that are not specified as included in the provision of the Services.
- ONE WORLD shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations or for any damages suffered due to any causes that are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism, weather and other hazardous conditions or other similar causes.
- It shall be your responsibility to take such insurance cover as you deem appropriate based on the nature of the Services proposed to be availed by you. Further, you are not a beneficiary and hence, shall not be entitled to claim under any insurance policies that ONE WORLD may have.
- We reserve the right to update or modify these Terms of Service at any time without prior notice. Your conduct of availing of our Services following any such change constitutes your deemed acceptance to be bound by these Terms of Service, as updated or modified from time to time.
- You agree that from time to time we may remove a Service for indefinite period(s) of time or cancel a Service at any time, without notice to you.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
- ONE WORLD shall make all reasonable efforts to ensure that information provided by you is kept confidential. However, ONE WORLD shall not be responsible for any disclosure or leakage of confidential information due to force majeure, theft, negligence or failure on your part to practice safe computing.
REFUNDS & CANCELLATIONS
- The terms and conditions of our refund policy available at www.culturerings.com are hereby incorporated by reference into these Terms of Service.
- We may, in our sole discretion, limit or cancel quantities purchased per User or per order.
- We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
DISPUTE RESOLUTION, GOVERNING LAW & JURISDICTION
- These Terms of Services shall be governed by the laws of India.
- Subject to Clause 16.1 above, the courts in Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.
- Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- Pursuant to you ceasing to avail of the Services, clauses set out herein, which by their nature are intended to survive, shall survive the expiration of this Agreement to the extent necessary to give effect to this Agreement.
- These Terms of Service and any policies or operating rules posted by us on the Website or in respect to the Services rendered constitute the entire agreement and understanding between you and us and governs your availing of Services, superseding any prior or contemporaneous agreements, communications and proposals, terms set out in any purchase orders, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- If any part of the Terms of Service is held invalid or unenforceable by a court of competent jurisdiction, that part shall be severed and the remaining sections shall remain in full force and effect. The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, you may have rights in addition to those contained in this Terms of Service. Under such circumstances, ONE WORLD and our Representatives’ liability shall be limited to the greatest extent permitted by law.