Terms and Conditions

Terms and Conditions

TERMS OF USE

Welcome to the website www.OutThing.com (“Website”) of OutThing Adventure (“OutThing”).

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE:  This User Agreement (“Agreement”) sets out the terms and conditions on which OutThing shall provide travel packages and related service (“Services”) to you (“User”) through the Website. By accessing/visiting or using this Website in accordance with the terms set out below in this Agreement (whether you are a registered user or unregistered user), either an individual or a single entity (“you” or “your” as applicable), you expressly and unconditionally agree to the terms and all other policies of OutThing including but not limited to, Privacy Policy. If you do not agree with any part of the terms and conditions and the Privacy Policy as set out herein below, PLEASE REFRAIN from using the Website. This Agreement is entered into between OutThing and you.

OutThing reserves the right at all times to discontinue or modify any of the terms and conditions contained in this Agreement or the Privacy Policy as may be deemed necessary or desirable without prior notification to the User. The User shall be responsible for regularly reviewing these terms and conditions. If OutThing makes changes to the terms and conditions as set out in this Agreement or its Privacy Policy and User continues to use the Website, User is impliedly agreeing to the Agreement and Privacy Policy expressed herein. Any such deletions or modifications to the terms and conditions of the Agreement and/or Privacy Policy shall be effective immediately upon OutThing's posting thereof on the Website. Any use of Website by User after such notice shall be deemed to constitute acceptance by User of such modifications and/or changes.

In no event shall OutThing be liable for any direct, indirect, punitive, incidental, special or 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 Website. Neither shall OutThing be responsible for the delay or inability to use the Websites or any related services, the provision of or failure to provide Services, or for any information, obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.

OutThing is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the Linked Sites.

FEES PAYMENT
In order to confirm User’s booking of the Services, User must pay (either in part or in full, as the case may be) fee/charges required for the Services. User’s booking is confirmed and a contract between User and the applicable merchant will exist only when OutThing sends to the User confirmation on merchant’s behalf.

Please check the confirmation carefully and report any incorrect or incomplete information to OutThing immediately. Please ensure that names are exactly as stated in the relevant passport (or ID).

If User has paid a deposit, he must pay the full balance by the balance due date notified to him. If full payment is not received by the balance due date, User’s booking may be cancelled and either the deposit will be forfeited or the cancellation charges will be charged form the User depending upon the Services and the merchant’s terms and conditions which will be set out in the booking conditions.

Payment may be made by credit or debit card or net banking or cash. Payment through cheques or drafts are also acceptable, the details for which is shared at the time of payment.

Except where otherwise advised or stated in the booking conditions of the merchant concerned, all monies paid by the User to OutThing for arrangements will be held on behalf of the merchant concerned. OutThig has a right to amend the prices of the Services offered. Though once a confirmation is made to the User, any change in the pricing of the Services will not affect the price paid by the User.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments with respect to the Services.

PRIVACY POLICY
As a registered member of the Website, User will be entitled to the Services in addition to the monthly newsletters and exclusive promotions offering special deals. Privacy Policy sets forth OutThing’s policies regarding the collection, use and protection of the Personal Information of those using the Website. Personal Information means information that can be linked to a specific individual, such as name, address, telephone number, e-mail address, and credit card number.

OutThing reserves the right at all times to disclose any Personal Information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OutThing's sole discretion

The User hereby consents, expresses and agrees that he has read and fully understood the Privacy Policy of OutThing in respect of the Website. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.

INTELLECTUAL PROPERTY RIGHTS
All materials (registered or unregistered) contained in the Website are the copyright/trademark of OutThing or its affiliates or used with the permission of the copyright/trademark owner. The User agrees and undertakes not to reverse engineer, 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 Website. The User shall be solely responsible for any violations of intellectual property rights.

The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, in whole or in part, the Website or the Services. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.

LINKS TO THIRD PARTY SITES
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of OutThing or the Website and OutThing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OutThing is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. OutThing is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by OutThing or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

OutThing is not responsible for any errors, omissions or representations on any Linked Site. OutThing does not endorse any advertiser on any Linked Site in any manner. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.

PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

TERMINATION/ACCESS RESTRICTION
OutThing shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Services, hours of availability and equipment needed for access or use of the Website. Further, OutThing may discontinue disseminating any portion of Services, information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

OutThing at its sole discretion reserves the right to not to accept any User order without assigning any reason thereof. Any contract to provide the Services by OutThing is not complete until full money towards the Services is received from the User and accepted by OutThing.

CANCELLATION OR CHANGE REQUEST
In the rare possibilities of the booking not getting confirmed for any reason whatsoever, OutThing will process the refund and intimate the User of the same. OutThing 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.

OutThing will inform the User as soon as reasonably possible if the merchant needs to make a significant change to User’s confirmed Services or to cancel them. OutThing will also liaise between the User and the merchant in relation to any alternative Service offered by the merchant but OutThing will have no further liability to the User.

Cancellation fee applies to the Services and may differ on a case to case basis. The exact terms for cancellation of a booking shall be communicated before the confirmation. Payment of the booking advance would imply the acceptance of the cancellation terms by the User.

Any cancellation or change request by the User must be sent to the OutThing in writing, by email, fax or post, and will take effect on the day OutThing receives it. Proof of posting is not proof of receipt, therefore User is advised to also confirm all changes on telephone. Please ensure that User has received written confirmation of any changes to his booking prior to travel. Whilst OutThing will try to assist, OutThing does not guarantee that such requests will be met. Changes and cancellations can only be accepted in accordance with the terms and conditions of the applicable merchant. Change/cancellation request charges may apply depending on the merchant in question.

The User shall request OutThing for any refunds against the booking for any reasons within 90 days from the date of booking. Any applicable refunds would accordingly be processed as per the defined policies of OutThing. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such booking shall be deemed to have been forfeited.

USER'S OBLIGATIONS AND USER ACCOUNT
In consideration of use of the Website, the User represents and confirms that the User is competent to contract under applicable laws and is of legal age (18 years and above) or an emancipated minor,  or possess legal parental consent and are fully able and competent to enter into a binding contract and its terms, conditions, obligations, affirmations, representations and warranties and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.

To avail the Services, the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Service; (b) own access to the World Wide Web and procure bandwidth connectivity. The User shall be responsible for accessing the Services and that access may involve costs and third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.

The User also understands that the Services may include certain communications from OutThing as Services announcements and administrative messages. The User understands and agrees that the Services are provided on an "as is" basis and that OutThing does not assume any responsibility for deletions, delays or mis-delivery or failure to store any User communications or personalized settings.

Users may be required to create an account in order to avail the Services on the Website. User is required to register himself on the Website. Upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes to be responsible, at all times, for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur or carried out by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. User is responsible for the security of his password and shall be solely responsible for all transactions undertaken using his password through OutThing Service. The password entered by the User is transmitted in one- way encrypted form to OutThing database and stored as such. Thus the password will not be known even to OutThing.

User confirms and represents that he is the authorised holder of the credit card or the original account holder used in the transactions he is using the Services and shall indemnify and make good OutThing in case of misrepresentation of the same. OutThing will not be responsible for any financial loss, inconvenience or mental agony or any other claim (whether financial or not) resulting from misuse of User Id/password/credit card number/account details number for using Services and he shall be solely responsible and liable for all transactions done by using his Id/password/credit card number/account details.

The User also agrees and undertakes to immediately notify OutThing of any unauthorized use of the User's password or user id and to ensure that the user logs off at the end of each session at the Website. OutThing shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.

The User also agrees and undertakes to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or OutThing suspects that such information is untrue, inaccurate, not current or incomplete, OutThing has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.

Furthermore, the User grants OutThing the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services as more particularly governed by Privacy Policy.

BREACH OF THE AGREEMENT AND/OR PRIVACY POLICY
Without prejudice to the other remedies available to OutThing under this Agreement or under applicable law, OutThing 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:
a) the User is in breach of this Agreement, the terms of Service and/or the documents incorporated by reference therein;
b) OutThing is unable to verify or authenticate any information provided by the User; or
c) OutThing 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 OutThing;

OutThing may at any time in its sole discretion reinstate suspended User/User registration. Once the User have been indefinitely suspended, the User may not register or attempt to register with OutThing or use the Website in any manner whatsoever until such time that the User is reinstated by OutThing.

Notwithstanding the foregoing, if the User breaches this Agreement or the documents it incorporates by reference, OutThing reserves the right to recover any amounts due and owing by the User to OutThing and/or the service provider and to take strict legal action as OutThing deems necessary.

RELATIONSHIP
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and OutThing and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes OutThing and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed OutThing and its agents as their agent for this purpose.

INTERPRETATION OF NUMBER AND GENDERS
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 and feminine. 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.

INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless OutThing, its directors, employees, officers and agents 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 OutThing 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, use of the Website by the User or in connection with the Website.

ENTIRE AGREEMENT
This Agreement and any operating rules for OutThing constitute the entire agreement between the OutThing and the User and supersede any other prior or contemporaneous oral or written agreement. The section titles are for convenience only and have no legal or contractual effect.

WAIVER
The failure of OutThing to exercise or enforce any rights or provisions of this Agreement does not constitute a waiver of such right or provision.

SEVERABILITY
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.

TERMINATION OF AGREEMENT AND SERVICES
The OutThing may terminate this Agreement at any time with or without cause.
The User agrees that OutThing may, without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or terms of Service, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Service.

OutThing shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify OutThing of such discontinuance.

Upon termination of the Agreement/Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and OutThing shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.

NOTICES
All notices and communications  shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
• If to OutThing, at the address posted on the Website.
• If to a non registered User, at the communication and/or email address specified in the application form availing of a OutThing Service.
• If to a registered User, at the communication and/or email address specified in the registration form.

GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws. OutThing and the User shall amicably try to settle the dispute within 30 (thirty) days of either party giving a notice to the other of such dispute. However, if no settlement is reached the dispute shall be referred to the sole arbitrator appointed by OutThing and shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The award of the arbitrator shall be binding on the parties. Subject to arbitration, the courts at Delhi shall have exclusive jurisdiction.

OutThing operates this Website from various locations in India and makes no representation that this Website is appropriate for use from other locations outside India. If you use this Website from other location outside India, you shall be responsible for compliance with local laws.

CONTACTING US
For any further queries please contact us at:

OutThing Adventure
99 Vaishali, Pitampura
New Delhi - 110034

+91 9811551216

info@outthing.com