TERMS AND CONDITIONS OF THE OUTIST
1. Terms of Service (";Terms")
1.1. The Outist ("The Outist" or "We") is an online platform of Outist Experiences Private Limited (CIN: U52291DL2023PTC421193) which provides services as an online aggregation platform for outdoor / adventure activities, educational programs and renting and selling related gear / equipment ("Experiences") offered by service providers or sellers ("Experience Partners"). The online aggregation platform operates through one or more of the channels like website, web applications (hereinafter referred to as the "App"). Users who search for, book, or consumes experiences wheather registered or not ("Users").
1.2. The App lists Experiences offered by Experience Partners available to the Users. By purchasing the Experiences, the Users agree to comply with and be legally bound by the Terms.
1.3. The following terms and conditions constitute a legally binding agreement between The Outist, Users and Experience Partners. By accessing, browsing or using the App, you acknowledge that you have read, understood and agree to be bound by the Terms. Failure to comply with Terms may result in legal action or termination of services at the discretion of The Outist.
2. Booking Experiences and Scope
2.1. The App facilitates direct booking of Experiences by the Users from Experience Partners.
2.2. The Users have full understanding of the Experiences, including details such as activity descriptions, availability, pricing, and terms as well as specifications of the items they purchase or rent from the Experience Partners.
3. User Responsibilities
3.1. The Users undertake to provide accurate and complete information when booking experiences.
3.2. The Users are responsible for understanding and complying with the terms, conditions, and requirements specified by the Experience Partners for each Experience.
3.3. The Experience Partners are responsible for honoring confirmed reservations made over the site/application. Any changes to the bookings confirmed or unconfirmed shall be directly notified by the Experience Partners to the User over directly through email, sms, WhatsApp etc. and/or via the app.
3.4. Experience Partners should ensure the privacy of the data of the users and should only utilize the information to the extent necessary to facilitate services. Sale of user information is strictly prohibited and may cause penal implications if any Experience Partners is found guilty of disclosing user information.
3.5. The Outist aims to prompt responsible outdoor behavior among the Users and they must exercise sensitivity towards flora and fauna, wild life, nature, cleanliness, fellow Experience, safety (both individual and group) and local culture during the Experiences. The Users and Experience Partners are encouraged to report any violation of environmental laws/instructions of Experience Partners, local guidelines. Violations of environmental laws or disrespectful behavior may result in legal or punitive actions by relevant authorities.
3.6. For experiences for which certain health related restrictions apply, users must disclose all medical conditions to us and the experience service provider. Some experiences may also call for a certificate from registered medical practitioner. User are encouraged to share such information in a timely manner to the experience service provider and The Outist, in a written manner.
3.7. The onus of determining applicable tax liability and correctness of taxes in on the users and the Experience Providers. In the event of any tax shortfall or discrepancy, The Outist may contact the user or vendor within three months of the completion of services to rectify the tax issue. In any such event where tax discrepancy is observed users and Experience providers must bear any coordially work to resolve tax related
4. Payment and Fees
4.1. Payment for Experiences is processed through the App, using secure payment gateways.
4.2. The Users agree to pay the specified fees for the booked experiences, including any additional charges or taxes.
4.3. The Outist may charge service fees or commissions as applicable for facilitating bookings through our platform.
4.4. All payments for outdoor experiences facilitated by The Outist must be made through Our App only. We do not accept payments through any other means, including cash, checks, or third-party payment platforms. By using our services and making a payment through the The App app or website, the user agrees to abide by this payment policy. Any payments made outside of the official channels are not recognized or accepted by The Outist.
5. Cancellations and Refunds
5.1. Cancellation policy is decided by the Experience Partner and shall vary based on the nature of Experience and policy of the Experience Partner. The Users must review and understand the cancellation policy for each booked activity.
5.2. Refunds, if applicable, will be processed based on the cancellation policy and timelines specified by the Experience Partner.
5.3. The Users, by making a booking or purchase, agree to applicable the cancellation policy. Cancellation of the booking might result in adjustment of a part or full payment made towards the booking.
5.4. The Outist does not have any control over the transaction charges levied by their banks or credit card issuer and disclaims any liability in this regard.
5.5. Some Experiences may not be eligible for refunds. Any add-ons may have a different refund policy than the Experience booked. The Users are responsible to check this information on the App.
6. Limited Liability
6.1. The Outist acts as an intermediary platform connecting the Users with Experience Partners. We do not own or operate the Experiences which are offered by Experience Partners.
6.2. The Users confirm that they fully understand that the Experiences inherently involve risks. They must adhere to safety guidelines, rules, and instructions provided by Experience Partners during the activity.
6.3. The Users participate in activities at their own risk and The Outist is not liable for any injuries, death, damage or loss in connection with the Experience or related activities or travel. The Users are responsible for their own safety and well-being while using our services and should take necessary precautions.
6.4. The Outist relies on various third-party software vendors for data management, payment gateway, platform management etc. and disclaims any liability for any loss or income, damage or inconvenience caused to Users due to inability to use our site/application or due to loss or alteration of data or any other matter not specified above.
6.5. We also do not assume any liability on account of any loss or damage to personal belongings, including but not limited to electronic devices, valuable or any other items while availing Experiences.
6.6. This disclaimer of liability extends to any third parties or entities associated with our services. The Users or any other party using our services do so at their own risk, and we disclaim any and all liability for such risks.
7. Force Majeure
7.1. The Outist and Experience Partners shall not be liable for any failure or delay in performance resulting from events beyond their reasonable control, including but not limited to acts of nature, God, government restrictions, wars, or terrorism.
8. Dispute Resolution
8.1. The Outist is not liable to resolve disputes between Users and Experienced Partners. The User agrees to address any disputes directly with the relevant Experienced Partner.
8.2. The Outist may, at its discretion, provide assistance in facilitating communication between Users and Experienced Partners but is not obligated to provide legal or arbitration services.
9. Direct Contract with Service Provider
9.1. The Users enter into a direct contract with the Experienced Partners for booking Experiences.
9.2. The terms, conditions, and cancellation policies of the service provider apply to the contractual relationship between the user and the service provider.
10. Third Party Services
10.1. While The Outist endeavors to maintain accuracy, it cannot be held accountable for the actions, quality, or availability of third-party services or linked travel arrangements.
10.2. The Users understand that third-party services may have their own terms and conditions, and users are responsible for reviewing and adhering to those terms when applicable.
11. Amendments and Updates
11.1. The Outist reserves the right to update or modify these Terms and Conditions at any time without prior notice.
11.2. Upon update of Terms and Conditions will also be updated on the site/applications.
11.3. Any changes become effective immediately upon your acceptance of the modified terms.
11.4. It is the responsibility of the user of the site/applications periodically for changes.
12. Conduct
12.1. It is expected that the Experience Partners, The Outist including their respective staff and other team members engaged by them treat the Users with respect and courtesy. The same is expected to be reciprocated by the Users.
12.2. Handle disagreements and conflicts in a calm and respectful manner. Seek peaceful resolutions through dialogue and compromise, avoiding hostility or aggression.
12.3. The Users are expected to conduct themselves in a courteous manner towards local residents and the environment when visiting remote areas. This includes respecting local customs and traditions, minimizing noise pollution, properly disposing of waste, and avoiding activities that may harm wildlife or natural habitats. By using this service, users agree to adhere to these guidelines and contribute positively to the preservation and sustainability of remote communities and environments.
12.4. At The Outist safety is our policy and with that in mind we strictly prohibits consumption the promotion, endorsement, or facilitation of any activities related to consumption of alcoholic drinks, cannabis, marijuana, or "420" culture within the scope of our outdoor experiences. This includes but is not limited to the consumption, possession, or distribution of cannabis, marijuana and alcoholic drinks or any such products during any services provided by our experience provider. Users are expected to adhere to local laws and regulations regarding substance use and are prohibited from engaging in any illegal or prohibited activities during outdoor experiences organized through The Outist. This clause also ensures that users do not endanger others lives during such experiences.
Users are expected to adhere to local laws and regulations regarding substance use and are prohibited from engaging in any illegal or prohibited activities during outdoor experiences organized through The Outist. This clause also ensures that users do not endanger others lives during such experiences.
13. Termination
13.1. We reserve the right to terminate or suspend your access to our services at any time for any reason, including but not limited to violation of these terms and conditions.
13.2. Age related restrictions may apply certain experiences and users can be denied access/entry to such expeditions if the age-related criteria is not met. We can help with only the refund of experience from experience service provider to the user to a certain extent based on the stage of experience and nature of booking.
13.3. For experiences for which certain health related restrictions apply, users must disclose all medical conditions to us and the experience service provider. Some experiences may also call for a certificate from registered medical practitioner. Failure to disclose presence/absence of medical conditions in writing and a certificate from a Health Care practitioner within certain time frame may lead to cancellation of booking and full booking amount may not be returned in such scenarios depending the stage of experience and nature of booking.
Any claims and request for refunds should be made within 48 hours of scheduled end time of service or at the within 48 hours of receipt of goods purchased over the platform.
13.4. We respects copyright law and expects its users to do the same. It is The Outist’s policy to terminate service to user, restrict access to the App where we have reasons to believe the rights of copyright holders have been breached. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted via contact us page.
14. Communication
14.1 By booking an outdoor experience through our App, the user agrees to receive communication from The Outist regarding their booking, updates, and important information related to the experience. Communication channels may include but are not limited to:
1. Email: The Outist or the Experience Provider may send booking confirmations weather by users directly or on behalf of the user, reminders, payment reminders and document and important updates to the email address provided by the user during the booking process.
2. IVR/SMS/Text Messages: The Outist or the Experience Provider may send invoices, booking reminders, notifications, marketing related information, feedbacks and urgent updates to the mobile phone number provided by the user.
3. In-App Messages: The Outist or the Experience Provider may communicate with the user through messages within the official The Outist app regarding their booking details, changes, providing assistance and other relevant information.
4. WhatsApp and other Social Media: The Outist or the Experience Provider may send invoices, booking reminders, notifications, marketing related information and urgent updates to the user via social media platform provided to us for communicating by the user.
Users are responsible for ensuring that their contact information, including email addresses and mobile phone numbers, is accurate and up to date. The Outist or the Experience Provider is not liable for any issues or missed communications resulting from inaccurate or outdated contact information provided by the user.
15. Risk Acknowledgment and Liability Waiver
By participating in any outdoor experiences facilitated by The Outist and the Experience Provider, the user acknowledges and accepts the inherent risks associated with such activities. These risks may include but are not limited to physical injury, loss of life, property damage, and unforeseen hazards.
The user agrees that any expenses incurred as a result of injury, loss, or damage during the outdoor experience are the sole responsibility of the user or their insurance provider. The Outist and Experience Provider absolves themselves of any liability arising from accidents, injuries, or incidents that may occur during the course of the outdoor experience.
It is the responsibility of the user to ensure they have adequate insurance coverage to mitigate any potential risks and liabilities associated with participating in outdoor activities.
By engaging in any outdoor experience facilitated by The Outist, the user acknowledges, understands, and accepts the terms outlined in this agreement, including the assumption of risk and the release of liability.