terms and conditions

 

 

The following Terms & Conditions together with the Rizort, Inc. Privacy Policy [rizort.com/privacy] (the “Privacy Policy”) and (both, collectively, the “Terms”) govern the access or use by you (“User,” “You” or “Your“) of the mobile applications, platform, website and virtual reality applications (collectively, the “Online Interfaces“) of Rizort, Inc. (the “Company“).

 

The Company operates a luxury vacation marketplace which offers a variety of travel and holiday experiences that include hotel accommodations paired with experiences, tours activities and other ancillary services, including but not limited to transfers and other services (“Services“). The Company is neither a common nor a private carrier and does not provide any of the travel, accommodation or other activities described on this website. However, the Company acts as an agent in planning and facilitating holidays and vacations with third party suppliers (“Service Partners“) who provide accommodation, travel or other activities as principals. You will be subject to the terms and conditions of any and all third-party suppliers and Service Partners in addition to these Terms.

 

By accessing, viewing or using the Online Interfaces, you agree to be bound by these Terms. These Terms may be modified at any time by the Company without notice to you. These Terms will be updated on the Company website and you agree that it shall be your responsibility to review the changes to the Terms by reviewing the Terms from time to time. If you do not agree to these Terms, you should not access, view or use the Online Interfaces.

1. REGISTRATION AND USE

A. Access.

You agree and understand that you are entitled to access the Online Interfaces pursuant only to the Terms. You acknowledge that your access and use of the Online Interfaces will be subject to these Terms, as may be altered from time to time by the Company. You agree to use the Online Interfaces in accordance with all applicable laws and regulations. By accepting these Terms, you represent that you are of the age of majority and capable of entering into a binding contract in the country in which you reside.

B. Registration and Use.

While using and purchasing Services, you may choose to register for and maintain an account with the Company (“Account“). Account registration may require you to submit certain information, such as your name, email, date of birth, gender, income group, personal/professional information, identification number/details, mobile phone number and other information.

Your use of the Online Interfaces is conditioned on you keeping your Account information correct, current and complete. By registering, you agree to (a) provide accurate, current and complete registration information, (b) maintain and promptly update, as necessary, your registration information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Online Interfaces on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse your current or future use of the Online Interfaces.

C. User Information.

You are solely responsible and liable for all data, information and other materials, including, without limitation, any and all data, information and other materials you provide during the registration process or following the registration process (“User Information“) that you submit, upload, e-mail or otherwise transmit (“Transmit”) to the Online Interfaces. You represent and warrant that all User Information you provide on the Online Interfaces is accurate and truthful. The Company will use commercially reasonable efforts to maintain the privacy of the User Information. You understand that the Company does not guarantee the privacy and you agree to not hold the Company liable for any claims, loss, damages or costs that may arise from loss of privacy. You understand that the Company shares User Information with its Service Providers and other third parties in furtherance of providing the Services. You consent to the Company sharing User Information. In addition, the Company has no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse of User Information by any Service Provider or other third party. IF YOU CHOOSE TO SUBMIT TO THE COMPANY, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION AVAILABLE TO THE COMPANY, YOU DO SO AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.

D. Prohibited Use.

In relation to the use and access of the Online Interfaces, you agree not to:

a. Transmit any User Information that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;

b. Transmit any User Information: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;

c. re-sell the functionalities or services provided by the Online Interfaces;

d. use the Online Interfaces to Transmit any information, material or content that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and

e. use the Online Interfaces in any manner which is not permitted under these Terms.

2. BOOKING AND PAYMENT CONDITIONS

A. Payment.

Payment for Services shall include advance payment in full, additional fees and other charges, as applicable. The Company will clearly show the charges to you on the Online Interface prior to booking. You acknowledge that once paid, payments are non-refundable in the event of a cancellation initiated by you or in the event of a Deemed Cancellation. A “Deemed Cancellation” occurs when modification requests are not accepted by the Company.

B. Payment Partner.

The Company uses payment providers like Stripe (“Payment Partner“) who are audited and are compliant with Payment Card Industry Security Standards (“PCI DSS”) to receive payments. Your access to or use of certain Payment Partner services may be subject to, or require you to accept, additional terms and conditions. Notwithstanding anything to the contrary, the Company is not responsible or liable for the availability or accuracy of such Payment Partner services, or the content, products or services available from such Payment Partner.

C. Booking Confirmation.

Upon receipt of your payment, the Company may issue to you an email booking confirmation within twenty-four (24) to forty-eight (48) hours of your booking. It is your responsibility to contact the Company if you do not receive a confirmation email within forty-eight (48) hours.

The Company reserves the right, at its sole discretion, to decline any booking for any reason with full refund of your advance payment. If you disagree with any details in the booking confirmation due to incorrect, incomplete or inaccurate information, you must notify the Company no later than twenty-four (24) hours of receipt of the booking confirmation. Any notification received by the Company over twenty-four (24) hours after the receipt of the booking confirmation, shall be entertained by the Company at its sole discretion.

3. MODIFICATIONS TO THE BOOKINGS AND CANCELLATION

A. Modifications to the Bookings by You.

To modify a confirmed booking of Services, you must provide a written notice to the Company within seven (7) days. The Company has no obligation to accommodate your requested change. The Company does not guarantee that such requested changes will be met, as the changes must be accepted in accordance with the terms and conditions of the Service Partners. In all cases, once the booking is confirmed, you agree to be bound by and subject to the terms and conditions of such Service Partner’s cancellation policy. In the event the Company is able to meet such requested changes, additional costs and other administrative charges may apply.

Upon receiving a modification request to a booking, the Company shall discuss with you the possibility of modifying the booking. If the Company is unable to assist you and you decide not to proceed with the original booking, the Company shall consider the booking to be a Deemed Cancellation. In the case of a Deemed Cancellation, any refundable amounts paid by you shall be refunded, subject to a Cancellation Fee (as defined below).

The extension of a stay will be treated a modification to the original booking, regardless of whether the extra stay is booked by the person who made the original booking, or by any companion guest with whom they are staying.

B. Modifications to the Bookings by the Company.

The Company will notify you of any Insignificant Changes to your confirmed booking. “Insignificant Changes” include, but are not limited to, changing hotels to another hotel of similar or better rating or any modifications to your itinerary that would only re-order the list of destination and activities.

In the event of any significant changes by the Company to your booking, the Company shall notify you and offer a modified booking. You may either accept the modified booking or opt for a refund of all amounts paid. You must notify the Company of your decision within five (5) days from the date of receipt of notice. If you fail to notify us within the five (5) day period, it will be considered deemed acceptance, and the Company will send a modified booking confirmation.

C. Cancellation by the Company.

The Company may cancel your confirmed bookings(s) without reason, provided the departure date is not less than fifteen (15) days from the date of such cancellation. In such case, you will be entitled for a complete refund of the amounts paid by you.

In no instance will the Company cancel a booking less than fifteen (15) days from the date of departure, except for reasons of force majeure (as defined below) or non-payment of the balance amount.

D. Service Partners.

The Service Partner cancellation policies may differ from the Company. If the Service’s Partner’s cancellation policies are stricter than the Company’s, the Service Provider’s cancellation policies will control.

4. INTELLECTUAL PROPERTY

A. Intellectual Property.

You agree and understand that:

a. the Online Interfaces including, but not limited, to the Company information, designs, databases, arrangement of databases, features, functionality, user interfaces, response formats, software, audio, pictures and rich media, logos and icons are the sole property of the Company or its licensors. All intellectual property in and to the Online Interfaces and its contents and functionalities is the property of the Company or its licensors.

b. Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Online Interfaces. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Online Interfaces under these Terms, or any other rights thereto other than to use the Online Interfaces in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.

c. Notwithstanding anything to the contrary in these Terms, you must not reproduce, distribute, modify, create derivative works display/perform publicly, republish, store or transmit any of the information and/or material made available on the Online Interfaces for any commercial purposes other than for the purpose of your legitimate personal uses for which the Online Interfaces are intended.

5. USER POSTINGS

A. User Postings.

The Online Interfaces may contain messaging/chat rooms, web pages or forums to facilitate users to post, submit, publish, display, transmit or share with other persons their travel experience, travel ideas or other feedback along with ratings and reviews, surveys, promotions, contests and other communicative features (collectively, “Communicative Features“) on or through the Online Interfaces (collectively, “User Postings“). Such User Postings must comply with Standard Compliance (as defined below). Such User Postings will be displayed to the public on the Company’s website. By posting any User Postings on the Company website, the Company, its affiliates and Service Providers may use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties such User Postings for any purpose. You agree and acknowledge that you are responsible for the content, reliability, legality, accuracy and appropriateness of any User Postings uploaded and submitted on the Online Interfaces.

B. Standard Compliance.

You acknowledge and agree that the use of Communicative Features and User Postings shall comply with all applicable federal, state, local and international laws. User Postings and/or Communicative Features should not: (a) contain any kind of defamatory, libelous, slanderous, abusive, discriminatory, offensive, or otherwise any objectionable material; (b) endorse violence, sexually explicit or pornographic substance; (c) promote, support or encourage any illegal activity or any kind of discrimination based on, without limitation, race, sex, religion, nationality, disability; (d) result in any third party infringement of patent, trademark, trade secret, copyright or other intellectual property; (e) misguide by way of impersonation or otherwise misrepresent your identity; (f) lead to distress, annoyance or inconvenience to any other user or third party.

6. DISCLAIMER & LIMITATION OF LIABILITY

A. Disclaimers

THE ONLINE INTERFACES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER THE COMPANY OR ITS SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE ONLINE INTERFACES; (B) THE USER INFORMATION; (C) THE SERVICES; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE ONLINE INFORMATION. IN ADDITION, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE ONLINE INTERFACES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE ONLINE INTERFACES OR SERVICES IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE ONLINE INTERFACES OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE ONLINE INTERFACES AND SERVICES IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE ONLINE INTERFACES OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE ONLINE INTERFACES AND SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE AND SERVICES.

THE COMPANY AND ITS SERVICE PROVIDERS DO NOT ENDORSE THE SERVICES AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

THE COMPANY TRIES TO MAKE AVAILABLE ALL THE INFORMATION AND PRICES ON THE COMPANY SYSTEM AS ACCURATE AS COMMERCIALLY POSSIBLE; NONETHELESS, SPORADICALLY CHANGES AND ERRORS MAY OCCUR, IN WHICH CASE THE COMPANY RESERVES THE RIGHT FOR MAKING APPROPRIATE CORRECTIONS. IT IS YOUR RESPONSIBILITY TO CHECK THE TARIFF AND OTHER DETAILS RELATING TO THE SERVICES THAT YOU INTEND TO BOOK PRIOR TO YOUR BOOKING IS CONFIRMED.

YOU ACKNOWLEDGE AND AGREE, IT IS YOUR SOLE RESPONSIBILITY TO HOLD A VALIDLY EXISTING PASSPORT AND VISA AS REQUIRED AND TO ENSURE COMPLIANCE WITH IMMIGRATION AND VISA REQUIREMENTS AND DOCUMENTATION.

B. Limitation of Liability.

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE ONLINE INTERFACES AND THE SERVICES. ANY USE OF THE ONLINE INTERFACES OR THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, IN CONNECTION WITH YOUR PARTICIPATION IN THE SERVICES, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISK, FORESEEN AND UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES. BY USING THE ONLINE INTERFACES AND THE SERVICES, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH YOUR PARTICIPATION IN SUCH ACTIVITIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE ONLINE INTERFACES OR SERVICES (INCLUDING, BUT NOT LIMITED TO, USER INFORMATION, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THE COMPANY’S OR ITS SERVICE PROVIDERS, OR FROM EVENTS BEYOND THE COMPANY OR ITS SERVICE PROVIDERS’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY AND ITS SERVICE PROVIDERS (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE ONLINE INTERFACES OR THE SERVICES EXCEED $100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE COMPANY’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE COMPANY FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH THE COMPANY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.

7. GENERAL

A. Links to Third Party Websites.

Links to external or third-party websites, including information from other third-party websites may be provided for your convenience. Such links to an external website do not imply that the Company endorses or accepts any responsibility for the content or the use of such website. The Company does not give any representation regarding the quality, safety, suitability, or reliability of any external websites or any of the content or materials contained in them. You agree that hyperlinks and hypertext links are provided on the Online Systems to promote easy access to the variety of information and services provided. The Company accepts no liability, whatsoever, arising out of the use of such links.

B. Termination.

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Online Interfaces at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.

C. Force Majeure.

In no event shall the Company be liable for failure or delay that is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond the Company’s control.

D. Waiver; Entire Agreement.

These Terms constitute the entire agreement between you and the Company relating to your access to and use of the Online Interfaces and your receipt and use of Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the Company. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. No waiver of any provision of these Terms shall be binding on the Company unless executed and notified by the Company in writing to you.

E. Severability.

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

F. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to the Company at the following contact: (the “Terms“). Any notices to you may be made via either e-mail or postal mail to the address in the Company’s records or via posting on the Online Interfaces. Please report any violations of these Terms to the Company at the contact listed above.

G. Governing Law.

These Terms are governed by the laws of the State of California, without regard to the principles of conflict of laws. You consent to the exclusive jurisdiction and venue of the courts located in the San Francisco County of California for all disputes arising out of or relating to these Terms.