This document/agreement (hereinafter referred to as “Agreement”) sets forth the Terms (hereinafter referred to as “Terms”) that apply to the access and use of a proprietary communication portal (hereinafter referred to as “Partner Management System/PMS”) and is managed and operated by MVM Infotech Private Limited (hereinafter referred to as “We/Our/Company”) is a company incorporated and registered under the Companies Act, 2013 having CIN U72900UR2021PTC013425 and having its registered office at MVM INFOTECH PRIVATE LIMITED, Flat B-214 Tower B, 2nd Floor, Mussoorie the Forest Residency, Dehradun, Uttarakhand, India 248001 (hereinafter referred to as “Company”). For the purpose of these Terms, including the Privacy Policy Statement, “You”, “Your” or “User” shall mean, including but not limited to, the Destination Partner(s)and any interested entity who intends to collaborate with the Company and communicate using the PMS.
By using the PMS or accepting these Terms when prompted, You are confirming your acceptance to be bound by the provisions of these Terms, including the PMS Privacy Policy Statement.
These Terms are a legally binding document and are an electronic record as prescribed under the terms of the Information and Technology Act, 2000 and rules made thereunder and is generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that provides for the due diligence to be exercised for the access or usage of this PMS.
These Terms govern the access and use of the PMS provided thereunder. Please read these Terms carefully and if you do not agree to accept these terms, please do not use the PMS. The User by accepting the Terms or by accessing, downloading, installing, browsing or otherwise using the PMS agree that the User has read, understood, acknowledged and accepted these Terms and use of the PMS. This Agreement along with Privacy Policy describes the relationship of the Company and User which will be subject to the rules, guidelines, policies, terms and conditions applicable to any service that is provided by the Company through the PMS and shall be considered as part and parcel of these Terms.
PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THE PMS SHALL CONSTITUTE DEEMED ACCEPTANCE OF THESE TERMS AND CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS STATED HEREUNDER.
1. Definitions
1.1 Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of Company, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, and copyrighted works, notes, agreements/contracts entered by the Company, formulas, in-house software’s, VPN etc. Intellectual Property of the Company also extends to the content made available to its Users.
1.2 Tourist(s) shall mean all such visitors on the PMS who register as per the Tourist Terms and Conditions to connect with Destination Partners.
1.3 Destination Partner(s) shall mean all such tour and travel agents/companies/entities who sign a partnership agreement with the Company and connect with Tourist(s) via the Company.
1.4 Destination Partner Agreement shall refer to the agreement between the Company and the Destination Partner wherein the rights and obligations of the Company and the Destination Partner are elaborated.
1.5 Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify the individual.
1.6 Privacy Policy means policy as defined under clause 11 amended from time to time.
1.7 Partner Management System shall mean the PMS wherein the User and the Company can connect and communicate with each other as per the terms provided in Clause 6.
1.8 Terms means these terms and conditions as may be amended from time to time.
1.9 In these Terms, unless the context otherwise requires
a) The expressions/words referred to in these Terms shall, unless defined otherwise or inconsistent with the context or meaning thereof, bear the meaning ascribed to them under the relevant statute/ legislation.
b) Reference to statutory provisions shall be construed as meaning and including references also to any amendment or re-enactment (whether before or after the date of this Agreement) for the time being in force and to all statutory instruments or orders made pursuant to such statutory provisions.
c) Any reference to Privacy Policy or other document as of a given date means the Privacy Policy or other document as amended, supplemented and modified from time to time through such date.
d) Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
e) Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of these Terms or the annexure hereto and shall be ignored in construing the same.
f) The terms “hereof” “herein” and “herewith” or similar expressions used in these Terms mean and refer to these Terms and not to any particular clause of this Agreement.
g) Unless otherwise specified in a particular case, reference to days, months and years are to calendar days, calendar months and calendar years, respectively.
h) Any reference to “writing” shall include printing, typing, and other means of reproducing words in visible form as stipulated in these Terms and shall include electronic mails.
i) The words “include” and “including” are to be construed without limitation unless the context otherwise requires or unless otherwise specified.
2. Purpose
2.1 The PMS is developed by the Company as an intermediary platform for connecting Destination Partner(s) with the Company.
2.2 User hereby represents and warrants that You are not barred or otherwise legally prohibited from accessing the PMS under the laws of Your applicable jurisdiction.
3. Use to be in Conformity With The Purpose
3.1 The PMS that is subscribed/offered to or used is meant for the Purpose and only the exclusive use of the User.
3.2 Copying, downloading, recreating, sublicensing or sharing in any manner the content made available on PMS which is not in accordance with these Terms, is a misuse of the PMS and the Company reserves its rights to act in such manner as to protect its loss of revenue, reputation or claim damages including stopping your service or access and reporting to relevant authorities.
3.3 In the event the User is found to be copying, misusing, transmitting or crawling any data or photographs or graphics or any information available on the PMS for any Purpose other than that being a bonafide Purpose, the Company reserves the right to take such action that the Company deems fit including stopping access and claiming damages.
3.4 Whilst using this PMS an obligation is cast upon the User to only provide true and correct information and in the case of creating a profile the User undertakes to, at all times, keep the information up to date. The Company shall not be liable on account of any inaccuracy of information on the PMS. It is the responsibility of the User to further research the information on the site.
3.5 The Company shall not share PII of any User with other companies / entities without obtaining permission except with those acting as the Company’s agents and the sister concerns of the Company. For further details please refer to the Privacy Policy of the PMS.
3.6 The Company shall share all such information that it has in its possession in response to legal process, such as a court order or subpoena.
3.7 The User shall not utilize the PMS offered by the Company in any manner so as to impair the interests and functioning of the PMS/Company. The User undertakes not to duplicate, download publish, modify and distribute material on the PMS unless specifically authorized by the Company in this regard.
3.8 Users who violate these Terms may have their access and use of the PMS suspended or terminated, at Company’s discretion.
3.9 If the User, at any time during its use of the PMS, made a misrepresentation of fact to the Company or otherwise misled Company in regards to the nature of User’s business activities, the Company reserves the right to terminate User’s account and access to the PMS.
4. Registration
4.1 In order to use the PMS, User needs to provide the following PII.
a) Name of the entity
b) Year of establishment
c) Email Address
d) Address of the Destination Partner/entity
e) Website (if any)
f) Skype ID (if any)
g) Mobile/Telephone number (with country code)
h) Country and City
i) Valid government identification/documentation/registration number
j) Specialised services
k) Number of staff/employees
l) Regions/countries where services are offered
m) Third party review links (if any)
n) Commission Rate
o) Details of point of contact person
p) Any other details that may be required by the Company for onboarding Destination Partner
4.2 The User undertakes to provide to the Company with accurate and complete information.
4.3 User shall be responsible for all activities that occur through User’s respective account.
4.4 In relation to any PII being saved or processed, the Company shall meet the requirement of Information Technology Act, 2000 and rules made thereunder including the Information Technology (reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 as amended thereof, the Digital Personal Data Protection Act, 2023, and the EU General Data Protection Regulation and other applicable law enacted from time to time, which are necessary to secure User PII.
4.5 If the Company has the reason to believe the information/PII provided by the User is incorrect, false, misleading in nature or otherwise not in accordance with the Terms and applicable law, then the Company shall be entitled to cancel or indefinitely suspend or block access to the PMS and refuse to provide access permanently for such period as the Company deems fit.
4.6 User understands and agrees that the Company shall not be liable for any unauthorized hacking of PMS or unauthorised access leading to leakage or misuse of PII.
4.7 User understands and agrees that Company shall not be held liable for any loss or damage arising from such unauthorized hacking and data leakage and User’s failure to comply with these Terms.
5. User Account
5.1 User shall be responsible for all activities that occur through User’s account.
5.2 User agree that the company shall not be liable for any unauthorized use or access of User account.
5.3 Upon registration with the Company automatically generates a unique password for each User, which is securely stored in Our database. To maintain the security of Your account, the Company does not share this password with You or any third parties.
5.4 The Company provides a secure link accompanied by a unique browser code for communication purposes. This link allows you to chat with us in a secure environment.
5.5 Upon entering the secure browser code for the first time, it will be saved in Your browser's cookies (as per the Company’s Privacy Policy). This means that if You access the link again from the same device, You will not be required to enter the code once more. However, if You access the link from a different device or computer, You will be prompted to enter the secure browser code again for verification.
5.6 In the event of any breach of security or unauthorized use of account you must notify the Company immediately. The Company shall not have any responsibility for the consequence of failure in case User fails to abide by the abovementioned clause and further agree to fully compensate the Company for any losses or harm that may result.
5.7 The Company shall not be responsible for any loss that User may suffer as a result of unauthorized access to User’s account, and the Company accepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.
6. Use of PMS
6.1 The PMS provides to the User a platform to connect with the Company. It is clarified that the communication between the Company and the User may be recorded and stored by the Company for its records.
6.2 The User shall employ the PMS for, including but not limited to:
a) Communicating with the Company to discuss collaboration avenues;
b) Receiving Destination Partner Agreement from the Company for on boarding; and
c) For receiving updates/notices from the Company.
6.3 The Company reserves the right to suspend or terminate the account of the User if:
a) User is not adhering to his/her/its obligations under the Destination Partner Agreement;
b) Destination Partner Agreement is terminated by either the Company or the Destination Partner.
7. Intellectual Property Rights
7.1 For the purpose of this Agreement, Intellectual Property shall mean as defined in Clause 1.1
7.2 User acknowledges and agrees that all intellectual property rights including trademarks and logos of the Company and the PMS shall vest in the Company and the User shall not indulge in any act that construes that such trademarks and logos of the Company belongs to the User.
7.3 User acknowledges and agrees that the Company owns all rights, title and interest in the PMS, including the intellectual property in the PMS developed, graphics, and programming code thereto, description, photographs, etc. created/use for the User shall solely vest with the Company.
7.4 The Company grants the User a limited license to access and make personal use of the PMS.
7.5 Access or use of PMS does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights.
7.6 User agrees and acknowledges that this license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Service.
7.7 User agrees and acknowledges that the User does not have the right to use Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features except as provided in these Terms.
7.8 The Company shall terminate the accounts, and block access to the PMS of any Users who infringes on the Intellectual Property Rights of the Company/PMS.
8. Limitation of Liability and Indemnity
8.1 In no event shall the Company or its directors, employees, associates, partners, or suppliers will be liable to the User for any loss or damage that may cause or arise from or in relation to these Terms or due to use of this PMS or availing services from any third-Party service provider.
8.2 User agree to indemnify the Company or its directors, employees, associates, partners or suppliers for all the liabilities including claims, damages, suits or legal expenses in defending itself in relation to the foregoing arising due to (i) use or misuse of the PMS (ii) non-performance and/or non- observance of the duties and obligations under these Terms or due to User’s acts or omissions (iii) any act, neglect, misconduct or fraud on the User’s part.
8.3 User warrants that all the details and information provided by the User to the Company or its directors, employees, associates, partners, or suppliers while using PMS (including for the purposes of carrying out investments) shall be correct, accurate and genuine.
8.4 To the fullest extent permissible pursuant to applicable law, the Company and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by the User from the Company or through the PMS will create any warranty or guarantee other than those expressly stated herein.
8.5 The PMS and all content on the PMS are provided on an "as is" and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Company makes no warranty, and expressly disclaims any obligation, that:
a) the PMS will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; or
b) the results that may be obtained from the use of the PMS will be accurate or reliable;
9. Communication Policy
9.1 The Company may offer/provide/share/send to User from time to time through any means including but not limited to electronic mail (e-mail)\or any other physical, electronic or digital means/mode information and/or updates with regard to PMS.
9.2 User hereby agree that the Company may contact User either electronically or through phone, to understand User needs in the PMS.
9.3 The User understands and agrees that the PMS is acting solely as an intermediary for this purpose and assumes no responsibility or liability for the content, accuracy, security, or any other aspect of the electronic communication.
9.4 The User agrees to hold the PMS/Company harmless from any claims, actions, losses, damages or liabilities (consequential or inconsequential) that may arise with respect to data security, privacy or confidentiality. The electronic transmission, data security, privacy and confidentiality shall be governed by \email service provider’s respective policies.
9.5 User will indemnify and hold harmless the Company and e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which the Company or e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
a) misuse by User or improper or fraudulent information provided by User;
b) Incorrect number or a number that belongs to an unrelated third party provided by User.
10. Privacy Policy
10.1 The Company shall be committed to ensuring that the information furnished, as a part of registration process mentioned above, is secure and no unauthorized access or disclosure takes place with respect to the same. The Company has installed internal checks and mechanisms to ensure the same.
10.2 Purpose of collecting PII: The major purposes for the collection of PII are listed below:
a) For improving the PMS through information received from using the PMS;
b) For keeping internal records;
c) For market research purposes;
d) For the purpose of enhancing Your experience
10.3 In case User changes its mind and wish to discontinue sharing PII, Users may visit their account and manage the settings to opt out or may express such intention by emailing the Company at privacy@exploringtoursim.com .
10.4 The Company at all times reserves the right to disclose any information as may be required by law. This may include disclosure of information for investigation of an alleged illegal activity or its response to a lawful court order.
10.5 The Privacy Policy applies to current and former Users of the PMS. To know more about the Company’s policy on collection and use of data, please go through our Privacy Policy.
11. Confidentiality
11.1 User acknowledges that in course of User’s relationship with the Company and in using the PMS, User may obtain the following, including but not limited to (hereinafter referred to as “Confidential Information”):
a) Commission structure of the Company;
b) Trade-secrets, including but not limited to, purpose and functioning of the PMS;
c) Ideas; and
d) Future services and expansion plans
11.2 User shall not use except as expressly authorized by this Agreement) or disclose Confidential Information without the prior written consent of the Company unless such Confidential Information becomes generally publicly available without User’s breach of this Agreement.
11.3 User agree to take reasonable measures to maintain Confidential Information in confidence.
12. Grievance Redressal
The Company has designated Ajay Kumar as the grievance officer to redress the grievances of the Users. The aggrieved User may submit their grievances by addressing to: By email: privacy@exploringtourism.com
By Post/mail- MVM INFOTECH PRIVATE LIMITED, Flat B-214 Tower B, 2nd Floor, Mussoorie the Forest Residency, Dehradun, Uttarakhand, India, 248001
13. Disclaimer of Warranty
THE COMPANY DOES NOT WARRANT THAT THE PMS WILL OPERATE ERROR-FREE OR THAT PMS AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF THE USE OF THE PMS OR CONTENT ON IT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OF THE USER, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE PMS AND CONTENT ON IT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY DOES NOT WARRANT THAT THE PMS WILL OPERATE ERROR-FREE OR THAT THE PMS AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF THE USE OF THE PMS OR THE CONTENT THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS OF THE USER, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, PMS, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
14. Disclaimer of Consequential Damages
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE PMS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PMS AND THE CONTENT ON IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15 Disclaimer of Images and Visual Content
ALL IMAGES AND VISUAL CONTENT USED ON OUR PMS HAVE BEEN DULY LICENSED FOR USE. WE MAKE EVERY EFFORT TO ENSURE THAT WE HAVE THE NECESSARY RIGHTS AND PERMISSIONS FOR THE IMAGES USED. HOWEVER, IF YOU BELIEVE THAT ANY IMAGE HAS BEEN USED INAPRORPIATELY OR WITHOUT PROPER AUTHORISATION, PLEASE CONTACT US AT privacy@exploringtourism.com SO THAT WE CAN PROMPTLY ADDRESS THE ISSUE.
16. Modification and Amendment
16.1 The Company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms and any other policy related thereto. The Company shall, at least once in a year, display on the PMS regarding any changes/updates/amendments/revisions/modifications effectuated in the Terms and any other policy related thereto. The continued access or use of this PMS after such changes/updates/amendments/revisions/modifications signifies User’s acceptance of the updated/changed/amended/revised/modified Terms. Be sure to return to this page periodically to review the most current version of Terms.
16.2 Company reserves the right to discontinue or suspend, temporarily or permanently, the PMS, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the PMS or maintain the security and integrity of the PMS. User agrees that Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the PMS.
16.3 User agrees not to use the PMS for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of other.
17. Force Majeure
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to the PMS, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, pandemics, government mandated lockdown/quarantine measures, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
18. Dispute Resolution
Jurisdiction over any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with these Terms or the transactions contemplated hereby shall lie exclusively with the courts at Dehradun, Uttarakhand, India, and the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
19. Entire Agreement
These Terms, together with the other guidelines, rules, terms, conditions and/or policies of the PMS, including the Privacy Policy and any other arrangement/agreement in relation to the PMS, constitute the entire agreement between the User and the Company/PMS and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and the Company/PMS pertaining to the subject matter hereof.
20. Survival
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability and Indemnity, Disclaimer of Warranty, Intellectual Property Rights, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.