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Terms of Use

Last updated: March 27, 2017

Trodly.com Terms And Conditions

Trodly Technologies LLP (henceforth: “Trodly”, "we", "us", or "our") offers online service that enables users to research, find, and book variety of tours, experiences, tickets, adventures, and similar products (henceforth referred to as ‘Activities’) through the website www.trodly.com (Henceforth referred to as the Booking Platform, Website, or Site). These services (“Activities”) are made available by Trodly's third party operators (“the Operator”).

This Website provided users and customers in getting travel information, posting travel tips and searching for and booking reservations for Activities, and for no other purposes.

“You” and “your” when used in this terms of use (“this Terms of Use”) includes any person who accesses the Website.

“Buyer” and “Customer” when used in this terms of use (“this Terms of Use”) refers to any person transacting or buying an Activity from the website.

These Terms of Use are divided into two parts:

  1. General Terms of Use of Trodly
  2. General Terms of Use of Operators of Activities and other travel Services

  1. General Terms of Use of Trodly

Acceptance of Terms and Conditions

By your continued use of this Website in any manner, you agree that you have read and agree to be bound by this Terms of Use. You agree to use this Website in accordance with all of the aforementioned terms and subject to all of the aforementioned terms.

Additionally, the Website may contain terms that govern particular features or offers. 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 Trodly.com website, then these terms shall prevail.

These terms of use may be changed in the future without further notice. If you do not accept these terms, please do not use the Trodly Service. Be sure to return to this page periodically to review the most current version of the Agreement.

Change of Terms of Use

Trodly reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Trodly changes or modifies this Terms of Use, Trodly will post the changes to or modifications of this Terms of Use on this page and will indicate at the top of this page the date on which this Terms of Use was last revised.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (1) all information supplied by you on this Website is true, accurate, current and complete, (2) if you have a Trodly.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Privacy Policy and Disclosures

Trodly believes strongly in protecting user privacy. Users of this Service should refer to our Privacy Policy for information about how Trodly uses and collects information.

Copyright

It is Trodly’s policy to respect the copyright and intellectual property rights of others.

If you believe that Trodly or any user of our Website has infringed your copyright in any material way, please notify Trodly at contact@trodly.com, and provide the following information: (1) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (2) An identification of the copyrighted work claimed to have been infringed; (3) An identification of the material that you claim is infringing so that we may locate it on the Service; (4) Your address, telephone number and email address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

Propriety Rights

Trodly.com may provide the user with content 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 Trodly.com 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 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.

Links To Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than Trodly. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Trademarks

Trodly, the Trodly logo and the products and services described in this Service are either trademarks or registered trademarks of Trodly and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Trodly. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Trodly, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Trodly. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

Registration and Membership Eligibility

Some uses of Trodly, such as the initiation of bookings, require registration. Use of such features on Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Trodly website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Trodly reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Trodly's notice or if it is discovered that you are under the age of 18 years.

Trodly may use cookies on our Website. Cookies are a feature within your internet browsing software and store data about the use of Websites on your computer. If Trodly sees fit we may make use of such information.

Prohibited Activities

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us unless stated otherwise.

You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, products, or services obtained from or through this Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Payments and Bookings

  1. All commercial/contractual terms are offered by and agreed to between Buyer and Operator alone. The commercial/contractual terms include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to Activities and after sales services related to Activities. Trodly does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyer and Operator alone.
  2. Trodly does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Activities proposed to be sold or offered to be sold or purchased on the Website. Trodly does not implicitly or explicitly support or endorse the sale or purchase of any Activities on the Website. Trodly accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. Trodly is not responsible for any non-performance or breach of any contract entered into between Buyer and Operator. Trodly shall not and is not required to mediate or resolve any dispute or disagreement between Buyer and Operator.
  4. Trodly does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use Your best judgment in that behalf.
  5. Trodly does not at any point of time during any transaction between Buyer and Operator on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
  6. Trodly is not responsible for unsatisfactory or delayed execution of services as a result of bad organizing, incomplete service or incapability of operator or organizer.
  7. The Website is only a platform that can be utilized by you to reach a larger base to buy and sell Experiences. Trodly is only providing a platform for communication and it is agreed that the contract for sale of any of the Experiences shall be a strictly bipartite contract between the Operator and the Buyer. At no time shall Trodly hold any right, title or interest over the Activities nor shall Trodly have any obligations or liabilities in respect of such contract.
  8. Buyer shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the operator(s) that Buyer transacts with.

No liability

Trodly shall neither be liable nor responsible for any actions or inactions of Operator nor any breach of conditions, representations or warranties by them to the Buyer. Trodly hereby expressly disclaim any and all responsibility and liability in that regard. Further, in case any liability occurs to Trodly on account of events specified in this Clause, Buyer agrees to indemnify Trodly for the same.

In no event, Trodly shall be held responsible or liable to the Operator, Users or Buyers for any general, direct, indirect, special, incidental, consequential or other damages of any character arising on account of participation in the Activity, including but not limited to personal injury, including death. Trodly shall not mediate or resolve any dispute or disagreement between the Buyer and the Operator.

By availing the services on the Website and making an application to participate in the Activity, the Buyer declares that he/she is medically fit to participate in the Activity and no liability on this account shall occur to Trodly. Further, Buyers shall be solely responsible for children accompanied by them for the Activity.

Sharing information with third parties

When you conclude a purchase of an Activity or other service offered on the Website, some or all of the data you have provided to Trodly will be shared with the Operator of such Activity allowing such Operator to ensure a proper execution of the booked Activity.

Whenever required by authorities or legal bodies Trodly will also pass on requested information by such legal authorities.

Trodly hereby reserves the right to transmit such data to third parties, authorities etc.

  1. General Terms of Use of Operators of Activities and other travel services

These Terms of Use apply to the contracts between the users of www.trodly.com and the operator of Activities and other travel services.

Acceptance of Bookings

Only authorized and legal person can act in the name of the Operator and accept bookings received on www.trodly.com.

Subsequent to acceptance of a booking of an Activity by operator, if it is discovered that the information provided by buyer when making a booking was intentionally not truthful, the Operator shall have the right to cancel the booking. For such cases the price already paid by the buyer cannot be refunded.

Restrictions

Certain Activities may be subject to minimum or maximum requirements specified by Operators. Some Activities may be subject to restrictions. These could include (but are not limited to) age, height, weight, physical and medical restrictions, and may vary between Operators and from location to location so please check before making your booking. Details of these restrictions are available on the Website. 

It is your responsibility to ensure that you choose an Activity appropriate for the intended recipient and it is the responsibility of the recipient to double check that the restrictions are not prohibitive. If you are unsure of the suitability, please email us at bookings@trodly.com and we will be happy to advise you. Once a booking is confirmed, it may not be possible to cancel if these requirements cannot be met, so please check carefully.

Buyer Responsibilities

You are responsible for timely arrival at the Activity meeting and starting point. Should you for some reason be delayed and provided that such delay significantly impedes the execution of the Activity, the Operator is allowed to cancel the booking. In case of such cancellation, no money paid will be refunded to the buyer.

As a buyer you are responsible for full compliance of the conditions of participation in the Activity. At the sole discretion of the Operator he can exclude you from participation of a booked Activity provided that you are not in full compliance of the conditions of participation. For such cases, no refund can be made to participants who are not in compliance, provided that the supplier listed all such requirements of participation in the Activity, at the time of booking.

Immediately after making payment the contract between you as a buyer and the Operator of such Activity will be concluded, provided that the Operator either immediately or within 48 hours accepts such booking. In making payment you are thus making a binding offer which will be valid for at least 48 hours after payment. In case the Operator does not accept your binding offer within 48 hours, you will be notified via e-mail. After accepting a booking the Operator will provide the agreed services under his own behalf and at his own responsibility.

Contracting Parties

All bookings are made with the Operator offering the Activity in question, not with Trodly. Trodly only facilitates the making of the reservations with the Operators of Activities. Trodly is not a party to the contract between you as a customer and the Operator of the Activity and therefore has not responsibility or liability to you in respect of the terms of that contract whether directly or indirectly.

Insurance for the booked Activities

Unless otherwise stated insurance is not included in the booked Activities. It is your own responsibility as a Buyer to take out the necessary insurance to carry out the Activity in safe manner.

Cancellation Policy

Cancellation by the Customer

If you cancel the booking, the cancellation policy stated in the booking confirmation received is authoritative. We advise the customer to carefully read the information on the booking confirmation sent by Trodly.

In case the Operator has not specified any cancellation policy or there is no cancellation policy stated on the Trodly booking confirmation, the following cancellation policy shall apply:

  • For Activity with a duration of 1 day or less: Up to 2 days prior the start of the date of the activity: full refund
  • For Activity with a duration of 1 day or less: 2-0 days prior to start date of activity or no-show: no refund
  • For Activity with a duration of more than 1 day: If you provide a notice of cancellation more than 30 days prior to the Activity start date, 10% of the total Activity costs will be charged as cancellation fee. If you provide a notice of cancellation between 30-7 days prior to the Activity start date, 50% of the total Activity costs will be charged as cancellation fee. If you provide a notice of cancellation less than 7 days prior to the Activity start date 100% of the Activity cost will be forfeited.
  • Any customer initiated refund will incur a payment gateway cancellation charge of 2.5 % over and above the operator cancellation charges.

When canceling any booking you will be notified via email or telephone of the total cancellation fees.

Cancellation Process

For communication of a cancellation notice, please inform Trodly in writing via email to bookings@trodly.com. Cancellation notices communicated in the manner advised only shall be valid and honored, unless Trodly accepts another form of notice.

Refund Process

The refund will be initiated within 3 working days of notifying the cancellation. From the initiation day, it would take 7-10 working days for the refund to reflect in your credit card/debit card or internet banking account used.

Cancellation by the Operator

Before start of the Activity

The operator can cancel the activity should circumstances beyond his control hamper operator in conducting the booked Activity in safe manner. These could be for various reasons such as governmental actions, unforeseeable or unavoidable external circumstances that endanger or make carrying out the activity impossible or considerably more difficult.

In such case a full refund shall be made to the booker and the operator shall not be compensated for any damages incurred.

During Activity

Should a operator already have started to fulfil an Activity but is forced to stop the Activity before its end due to circumstances beyond the control of the operator, hampering him in carrying out the Activity in full, the operator shall be entitled to cancel the Activity and also be entitled to compensation for the time spent and preparations done for carrying out the Activity. The operator compensation in such cases would be decided by the Operator himself in consultation with the customer. Trodly would have no control on the cancellation charges in such circumstances.

Cancellation in the Event of Bad Weather

In certain Activities the cancellation policy to be followed in weather related cancellation is stated on the activity page and shared with customer in booking confirmation received and is authoritative.

Applicable law and Jurisdiction

These Terms will be interpreted in accordance with the laws of Bengaluru, Karnataka Jurisdiction, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Bengaluru, Karnataka, India for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.