Terms and Conditions

Explore Out provides an online platform for the members seeking to travel and explore the world.
The Services are accessible at exploreout.in and any other websites through which Explore Out makes the Services available (collectively, the "Site") and any related applications (the "Application"). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and Explore Out.
Please carefully read these Terms and our Privacy Policy and our Legal Notice, each of which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH EXPLOREOUT (THE CLUB) MAY CREATE EVENTS (DEFINED BELOW) FOR GROUP TOURS (DEFINED BELOW) AND TRAVELLERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH GROUP TOURS.

Key Terms

"Collective Content" means Member Content and Explore Out Content. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. "PACKAGE" means an Activity or Tour that is listed by Exploreout as available for booking via the Services. "Member" means a person who completes Explore Out's account registration process, as described under "Account Registration" below. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. "Explore Out Content" means all Content that Explore Out makes available through the Services, including any Content licensed from a third party, but excluding Member Content. "Traveller" means a Member who requests a booking of a Group Tour via the Services, or a Member who participates in Group Tour. Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modification

Explore Out reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of an Group Tour. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Eligibility

The Services can be used to facilitate the reviewing, searching, comparing, meeting other people, entering contests and booking of Events and Packages . You may view Packages as an unregistered visitor to the Services; however, if you wish to book an event or a package, you must register to create a ExploreOut Account (defined below). As stated above, Explore Out makes available a platform with related technology for Travellers to meet online, write reviews, search, compare, enter contests and arrange for bookings of Group Tours.

Account Registration

For Travellers - In order to access certain features of the Services and to book a Tour, you can create an account ("Explore Out Account") and become a Member. You may register to join the Services directly via the Site or Application using the link at the top of any page or as otherwise described in this section. You may also be able to register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Services, you may be able to link your Explore Out Account with Third Party Accounts, by either: (I) providing your Third Party Account login information to Explore Out through the Services; or (II) allowing Explore Out to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Explore Out and/or grant Explore Out access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Explore Out to pay any fees or making Explore Out subject to any usage limitations imposed by such third party service providers. By granting Explore Out access to any Third Party Accounts, you understand that Explore Out may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Services via your Explore Out Account and Explore Out Account profile page. You agree that Explore Out may request your email address, access to photos; friends list to help verify your identity; share your updates and photos; and to be contacted by us. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Explore Out Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Explore Out's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your Explore Out Account and your Third Party Accounts, at any time, by accessing the "Profile" section of the Services.

Explore Out makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Explore Out is not responsible for any SNS Content. We will create your Explore Out Account and your Explore Out Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Explore Out Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Explore Out reserves the right to suspend or terminate your Explore Out Account and your access to the Services if you create more than one (1) Explore Out Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Explore Out Account, whether or not you have authorized such activities or actions. You will immediately notify Explore Out of any unauthorized use of your Explore Out Account. exploreout.com performs regular backups on all servers to ensure critical files are never lost. However Explore Out is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy.

Packages

Team Exlpore out will create a lot of tour/trek packages open for bookings from the members. The members will have an option of starting a campaign to book that package on a specific date and then can invite other members to join them, once the size of the group reaches the minimum amount of people required, the package will be finalized and the members will be asked to pay and confirm their bookings.

No Endorsement

Explore Out does not endorse any Members or any Tours. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Explore Out with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members via the Services regarding any bookings or Listings made by you.

Independent Channel partners

ExploreOut allows independent channel partners to publish their events on https://exploreout.in. In such cases, ExploreOut will only be responsible for bookings and not for the events. ExploreOut makes sure that channel partners are genuine by pre-checking their business details and legal documents collected from Indian Company Acts. Channel partner is fully responsible for their events.

Bookings and Financial Terms for Travellers

Operators may not change the Tour Cost after a booking has been confirmed unless Exploreout asks for your Consent (changes might include additional services that you request from Exploreout). If a booking has not yet been confirmed by Exploreout, Exploreout may change the price, details, add discounts, local payments and other services requested by you, Exploreout will notify you of this change and you must consent to this change before Exploreout can confirm your booking. You acknowledge and agree that you, and not Explore Out, will be responsible for performing the obligations of any such agreements, that Explore Out is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Explore Out disclaims all liability arising from or related to any such agreement.
The Booking Page for a Tour will specify the Total Cost called the Tour Cost. As noted above Exploreout is required to either confirm or decline the booking. If a requested booking is cancelled (i.e. not confirmed by Exploreout), any amounts collected by Explore Out will be refunded to such Traveller, depending on the selections the Traveller makes via the Site and Application, and any pre-authorization of such Traveller's credit card will be released, if applicable, and you acknowledge we will refund these amounts as soon as possible but the speed at which these amounts are returned to your credit card is often something you will need to discuss with our bank and is not something we are responsible for. You agree to pay Explore Out for the Deposit for any booking requested in connection with your Explore Out Account if such requested bookings are confirmed by Exploreout if the departure date is greater than 30 days, unless otherwise stated on the tour page, to the booking date. If the departure date is within 30 days, unless otherwise stated on the tour page, of the booking date the Tour Cost is payable. If you have paid a Deposit then the Balance of Payment will be automatically deducted from the credit card stored in your Account Profile 60 days, unless otherwise stated on the tour page, prior to the departure date. If your Balance of Payment fails on the due date (30 days prior to the departure date, unless otherwise stated on the tour page) you have a grace period of 5 days to pay the Balance of Payment. If the Balance of Payment remains unpaid on the 25th day prior to the departure date Explreout may choose to cancel your booking and your Deposit will be forfeited. Or Explreout may choose to extend the grace period at their sole discretion and Explreout has no obligation to provide an extension. In order to establish a booking pending Explreout's confirmation of your requested booking, you understand and agree that Explore Out, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Part Payment and/or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound) to verify your credit card. Once Explreout confirms your booking, Explore Out will collect the payment in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Explore Out cannot control any fees that may be charged to you by your bank related to Explore Out's collection of payments, and Explore Out disclaims all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Explore Out or its third party payment processor. You agree to pay Explore Out for any confirmed bookings made in connection with your Explore Out Account in accordance with these Terms by one of the methods as may be described on the Site or Application - e.g. by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Explore Out or indirectly, via a third party online payment processor or by one of the other payment methods as may be described on the Site or Application. If you are directed to Explore Out's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking and Explreout will email documentation and vouchers to your email address.

General Booking and Financial Terms Traveller Cancellations, Refunds and Complaints

If, as a Traveller, you cancel your requested booking by raising a ticket, if the club declines your booking request due to non availability which will automatically cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time (7-10 business days).
You agree to pay Explore Out the Deposit for any booking requested in connection with your Explore Out Account if such requested bookings are confirmed by Exploreout. Once your booking is confirmed and you have received email acknowledgement, what you have paid is non-refundable. If cancellation is made within 31 days to departure 100% of these costs will be forfeited. Cancellation of permits will result in the costs being 100% forfeited.
ExploreOut events on exploreout.com do not offer or pay any discounts or refunds for missed or unused services which were missed or unused by the traveller due to no fault of Explore Out, which shall include any termination of the traveller's participation in the tour due to the traveller's own fault, negligence or breach of these Terms.
All traveller complaints about their experience on tour will be passed onto the feedback team to resolve. Explore Out is committed to achieve a high level of service and giving best experiences to the travellers.

Unforeseen Circumstances Operator Cancellations and Refunds

If an Operator cancels a confirmed booking made via the Services, (I) Explore Out will refund any Payment for such booking to the applicable Traveller within a commercially reasonable time of the cancellation and (II) the Traveller may receive an email or other communication from Explore Out containing alternative Listings and other related information. If the Traveller requests a booking from one of the alternative Listings this will be treated like a new group tour booking. If an Operator cancelled a confirmed booking and you, as a Traveller, have not received an email or other communication from Explore Out, please contact Explore Out at booking@ exploreout.in

Cancellation in the Event of Inclement Weather

Certain events may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, Exploreout has the discretion as to whether the weather conditions will prevent the Tour from taking place. Subject to the Traveller's consent, the Traveller may choose to reschedule the Group Tour for another date. If the Group Tour cannot be rescheduled, as a Traveller, please contact Explore Out so we may assist in finding a replacement, non-weather-dependent Group Tour. For clarity, in the event the alternative Group Tour is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Group Tour is of a lower price, you may be entitled to a partial refund for the difference. As a Traveller, if you have contacted Explore Out as provided above and Explore Out is unable to find you a replacement Group Tour, Explore Out may refund the Payment for such booking to the Traveller within a commercially reasonable time of the cancellation.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Explore Out cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

Member Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of the Services, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to packages; "stalk" or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Explore Out Traveller; register for more than one Explore Out Account or register for a Explore Out Account on behalf of an individual other than yourself; when acting as a Traveller or otherwise, recruit or otherwise solicit any Member to join third party services or websites that are competitive to Explore Out, without Explore Out's prior written approval (for clarity and without diminishing any of Explore Out's rights to enforce these Terms, Explore Out may cancel such offending Member's Explore Out Account, permanently block such Member from access to the Service, and take any legal action Explore Out deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law); impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer's Listing); use automated scripts to collect information or otherwise interact with the Services; access, tamper with, or use non-public areas of the Services, Explore Out's computer systems; attempt to probe, scan, or test the vulnerability of any Explore Out system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Explore Out or any of Explore Out's providers or any other third party (including another user) to protect the Services or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

Privacy

See Explore Out's Privacy Policy and for information and notices concerning Explore Out's collection and use of your personal information.

Ownership

The Services and Collective Content are protected by copyright, trademark, and other laws foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights is the exclusive property of Explore Out and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.

Explore Out Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Explore Out grants you a limited, non-exclusive, non-transferable license to (i) access and view any Explore Out Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Explore Out or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Explore Out a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. Explore Out does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Explore Out the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Explore Out's use of the Member Content (or any portion thereof) on, through or by means of the the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to INR 100,000.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Explore Out is not responsible or liable for: (I) the availability or accuracy of such websites or resources; or (II) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Explore Out of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Explore Out used herein are trademarks or registered trademarks of Explore Out. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at info@Explore Out.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Explore Out and you hereby irrevocably assign to Explore Out and agree to irrevocably assign to Explore Out all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Explore Out's request and expense, you will execute documents and take such further acts as Explore Out may reasonably request to assist Explore Out to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Explore Out respects copyright law and expects its users to do the same. It is Explore Out's policy to terminate in appropriate circumstances the Explore Out Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. 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. For more details please click on this link.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EXPLORE OUT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EXPLORE OUT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

EXPLORE OUT MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY GROUP TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EXPLORE OUT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, GROUP TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXPLORE OUT OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR TRAVELLERS. YOU UNDERSTAND THAT EXPLORE OUT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY GROUP TOURS. EXPLORE OUT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES.

YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY EXPLORE OUT OR TAKE PLACE DURING AN GROUP TOUR. NOTWITHSTANDING EXPLORE OUT'S APPOINTMENT AS THE LIMITED AGENT OF THE OPERATORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELLERS ON BEHALF OF THE OPERATORS, EXPLORE OUT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY GROUP TOURS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER EXPLORE OUT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY GROUP TOUR VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXPLORE OUT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL EXPLORE OUT'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY GROUP TOUR VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GUIDE, THE AMOUNTS PAID BY EXPLOREOUT TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EXPLORE OUT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification and Release

You agree to release, defend, indemnify, and hold Explore Out and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (A) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (B) your Member Content; and (C) your (I) interaction with any Member, (II) booking of an Group Tour, (III) creation of a campaign or (IV) the use, condition or quality of an Group Tour, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Tour.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by Austrian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Austrian embargoed countries.

Reporting Misconduct

If you participate in an event who you feel is acting or has acted inappropriately, including but not limited to, anyone who (I) engages in offensive, violent or sexually inappropriate behaviour, (II) you suspect of stealing from you, or (III) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Explore Out by contacting us with your police station and report number at info@ExploreOut.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Explore Out and you regarding the Services and Collective Content, and any bookings of packages made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Explore Out and you regarding bookings of packages, the Services and the Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Explore Out's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Explore Out may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Explore Out (I) via email (in each case to the address that you provide) or (II) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Explore Out to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Explore Out. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Newsletters

By registering; using our Services and/or providing your email address, you understand that you will receive regular email updates about the platform, travel and other community related matters. Each email you receive shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose.

Contacting Explore Out

If you have any questions about these Terms, please contact Exploreout.