General

These terms of use (“Terms of Use”) apply to every use made of the platform. On the platform, as developed by Evogus, you can find, compare and book travel experiences anywhere in the world (“Platform”).

If you keep using the Platform after the Terms of Use have been amended/supplemented, you unconditionally agree to the amended/supplemented Terms of Use. If you do not wish to accept the amendments and/or supplements, your only remedy is to cease using the Platform.

To the best of its ability, Evogue will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”). Each and every use of the Platform is for your own risk and responsibility.

Evogue is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.

In other words: “Sometimes it is necessary for us to make changes or improvements to our service or to our terms of use. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible. Please be aware that your use of our platform is for your own risk and responsibility.”

Use of the Platform

In using the Platform, you can view all offers published by organizers (“Organizers”) (which offers are referred to as “Experience Offers”), submit requests (“Requests”) with the Organizers, make a reservation (“Reservation”) for such Experience Offers and write reviews. A Reservation placed through the Platform forms a binding agreement between you and the Organizer if the Organizer accepts your Reservation. Requests, however, are non-binding. If you have any questions, complaints or remarks about an Organizer, an Experience Offer, a Reservation or a Request, you can contact Evogue through the Platform.

The Experience Offers are subject to the Organizer’s terms and conditions, as well as all agreements between you and the Organizer. Evogue shall never become a party to an agreement between an Organizer and you. We advise you to carefully read the Organizer’s terms and conditions, since they may entail legal obligations and it is your responsibility to adhere to such obligations. Evogue accepts no responsibility whatsoever for any decisions made by you based on the content of Evogue and/or the Organizers on the Platform, unless stated otherwise in these Terms of Use.

You and the Organizer are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation. To view, change or cancel your Reservation, please refer to your conformation email, where you will find all relevant instructions.

You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you are able to upload content to the Platform without restriction, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights or any other rights and you indemnify Evogue from any third party’s claim in this respect. You also warrant that you do not submit content which involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not warrant that your content will be correctly, completely and/or continuously available on the Platform.

Finally, when using our Platform you shall adhere to the following rules. You may not:
use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the Platform or make it unavailable or inaccessible;
deliberately involve manual or automated software, devices, or other processes to “crawl”, “spider” or scrape any content on the Platform;
reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
remove and/or to circumvent security measures or technical limitations (including limitations to the use) of the Platform.

In other words: “After you’ve chosen a trip, made a reservation for this trip and entered all of your correct personal data, you will engage in a contract with the actual organizer of the trip. Evogue can in no way be held responsible if issues (however unlikely) arise between you and the trip organizer, but we will help you in resolving the issue. Also, you cannot use our platform in any inappropriate way, so no spreading viruses, hacking or spamming etc.”

Prices and payment

Evogue reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Evogue Services. Evogue further reserves the right to alter any and all fees from time to time, without notice.

The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Evogue Services.

Privacy

In order to make use of the Platform it is required that you provide Evogue with personal information such as your name and e-mail address. Evogue only uses your personal data in accordance with the Privacy Policy.

In order to submit a Request or make a Reservation, you may be required to provide personal data to an Organizer. The Organizer is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by an Organizer.

Liability

Under no circumstances will Evogue be liable to you or any other person for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, but not limited to, any loss of profit, whether incurred directly or indirectly, any loss of data, or any other intangible loss) arising out of or in connection with these terms of use, the site, the service, the use of the site or the services, or the internet generally, including, without limitation, (i) your use or inability to use the site and/or the services; (ii) any changes to or inaccessibility or termination of the site and/or the services; (iii) any delay, failure, unauthorized access to or alteration of any transmission or data; (iv) any material or data sent or received or not sent or not received; (v) any transaction or agreement entered into through the site and/or the services; (vi) any delay, failure, injury, accident or other harm caused due to intentional or unintentional negligence by our payment processing partners or delivery partners; or (vii) any data or material from a third person accessed on or through the site and/or the services, whether such liability is asserted on the basis of tort or otherwise, and whether or not Evogue has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on Evogue, the site and/or the services, notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
2. If you are dissatisfied with the site and/or the services, your sole and exclusive remedy shall be for you to discontinue your use of the site and/or the services.

Warranties and indemnifications

Except as expressly provided in these Terms of Use, Evogue makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform. Furthermore, Evogue does not guarantee that the Platform shall lead to a successful travel experience or to the achievement of any skills, levels and/or experiences related to a particular travel experience.

The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Reservations is the sole responsibility of you and an Organizer. You indemnify Evogue from all claims submitted by an Organizer or a third party that relates to Reservations made by you with that specific Organizer, as well as to the payment of such Reservations. However, Evogue will provide assistance to you to the best of its abilities in case any issues arise between you and an Organizer in order to resolve those issues.

Notwithstanding the above mentioned, Evogue guarantees that you get a refund of what you have paid i) when you cancel your Reservation in conformity with the Organizer’s terms and conditions regarding cancellation, and ii) when your stay is in fact shorter than what was offered by the Organizer in the Experience Offer.

You guarantee that you will not use the Platform in a way that:
infringes the rights of Evogue or third parties such as other users or Organizers, including but not limited to
IP Rights or rights in relation to the protection of privacy;
is contrary to any current legislation or regulations; or
is contrary to any provision in these Terms of Use.

In other words: “Even though the Organizers have their own terms and conditions, we are there to help you in case any issues arise, in particular if an Organizer does not stick to his own cancellation policy or if the duration of your stay is different than what the Organizer promised. We will only provide this assistance to you if you act in conformity with these terms and do not harm the rights of us and others.”

Applicable Jurisdiction

You and Evogue agree to submit to the exclusive jurisdiction of the courts located within the Mumbai city district of the state of Maharashtra in the republic of India to resolve any legal matter arising from the terms. Notwithstanding the foregoing, you agree that Evogue shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.