Terms of Service
Name: Ekank Technologies Private Limited (“Company”)
Address: Innov8 Old Fort Saket District Center Near DLF Avenue Mall New Delhi Delhi - 110017
The Company business Terms of Use (the "Terms") along with all exhibits, orders forms, policies, and addenda incorporated herein forms a legal agreement (collectively the “Agreement”) that regulates the use of Company services by you or the organization you represent (each a "Client" or “you” or “You”) and anyone who accesses the services using the Client’s account (each a “User” or “you”). By subscribing to the services at https://experiences.thisday.app/listing, the Client agrees to abide by these Terms and accepts all legal consequences thereof. The Agreement shall take effect as per the below-mentioned terms and conditions or date of booking, order, or making an account on the website/platform (the "Effective Date"). The terms “Company,” “us,” “we,” and “our” refer to our Company. The Company, the User, and the Client are hereinafter individually referred to as a “Party” and collectively as the “Parties.”
The Services shall be inclusive of any bookings, any review tour, ticket, attraction, activity, and/or experience (described in these Terms of Use as "Services") that is advertised on the website and is made available by a third party.
Company provides you a platform to discover and book services. When you make an order or booking from the Company’s platform, you take services from the supplier listed on our platform—i.e., the person or entity selling the experience to you who is responsible for providing the services. When you make an order or booking, you will pay the total price of the experience inclusive of any taxes and fees. Suppliers are required to provide clear information in their listing about any additional fees that are payable for optional extras or about mandatory fees that may be payable to a third party upon arrival at or during the experience.
By using or accessing the Services and/or creating an account on the website/app, you agree to be bound by these Terms of Use without modification, and you represent that you have read and understood them. While procuring the Services, the person making the booking, account, or order shall be deemed to have accepted these Terms of Use on behalf of all the persons named in the order.
We may update or otherwise modify these Terms of Use at any time, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated Terms of Use.
The Services may be used by the Client and Users. As part of procuring the Services, the Client will provide information such as name, email id, phone number, username, password, or any other relevant information for the User’s account, registration, or Order, or booking. The Company reserves the right to refuse registration or Order or booking on violation of these Business Terms of Use, Privacy Policy, or applicable law. You may terminate your account/registration at any time by contacting us to request that we close your account and by discontinuing your use of any and all parts of the Services. The Client or User may not use as a username the name of a third party or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of a third party without any written authorization, or a name that is otherwise not permissible under law, offensive, vulgar, or obscene in nature.
In accessing or using the Services, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Company does not endorse such content and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.
In respect of each booking or order or Services, Company acts as a disclosed agent on behalf of the supplier, meaning that a Service listing represents an invitation to you to make an offer to a supplier and that we are free to accept or reject such offer on behalf of that supplier. These Business Terms of Use govern your use of the Services, which includes your use of the platform through which you may make such an offer to a supplier. However, the provision of the Service you book will be subject to the terms and conditions displayed on the website in respect of such Service, any information made available to you during the booking process, and the terms and conditions of the supplier with whom you have a legal contract for the supply of the Service. If you have a question about a Service that is not answered in the information on the website and where the answer to your question may influence whether you would like to proceed to book, it is your responsibility to contact Company prior to making a booking and to obtain an answer to your question. Once you have made a booking, you are subject to the cancellation policy as stated in the Service listing.
The Client will use the services only in compliance with all applicable laws and regulations.
As a condition of your use of the Services, you represent and warrant that all information supplied by you in the course of your use of the Services is true, accurate, current, and complete.
You further represent and warrant that you (a) are not currently suspended and have not previously been banned by the Company from using the Services; (b) are not acting on behalf of a competitor of Company; and (c) have legally full power and authority to enter into this legally binding agreement and in doing so will not violate any applicable law or other agreement to which you are a party.
The Company, in its sole discretion and at any time, may modify the prices and shall provide the Client intimation prior to making the payment for the same. Any price change will become effective if the booking is still pending. The Client will have an opportunity of termination before such change is effective, and if the booking is made, no refund/cancellation is acceptable except as per the Company policies. The updated price shall be deemed to be accepted if there is no communication of cancellation from the Client’s side.
Taxes: The Client will pay any sales, use, excise, value-added, or similar taxes or duties assessed on the services (“Taxes”), except for taxes based on the Company’s net income. The Company will include any Taxes it is responsible for collecting and remitting on the applicable invoice.
Prices do not include tips/gratuities; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food not specifically stated as included by the supplier.
When you make a booking or an order, Company will collect your payment information and will process your payment. In doing so, Company acts as the limited payment collection agent of the supplier, collecting your payment for the applicable Services on behalf of such supplier. Full payment by credit or debit card or UPI or wallet or any other acceptable method as per Company’s checkout page is required to make a booking unless otherwise specified.
Once a Service has been purchased, your booking cannot be changed by you or cancelled with a refund unless otherwise stated in the terms and conditions applicable to such Services. If you request that any element of your booking is changed (including but not limited to your pick-up location or time), you acknowledge that it is entirely at the applicable supplier’s discretion as to whether to accommodate your request. It is your responsibility to be at the meeting place at the time and date communicated on your booking. In the case of certain Services, exact locations and times will be communicated to you after your booking is made by the applicable supplier via Company’s messaging platform. It is your responsibility to check such messages after your booking is made and to be at the meeting place at the time and date that are communicated by the supplier. If you are not at such meeting point at the required time, the supplier may offer to accommodate you at an alternative time and date. However, the supplier shall be under no obligation to do so, and your failure to be at the communicated meeting point at the required time may result in your booking being classified as a “no show,” meaning that you will not be entitled to any refund or to being rebooked.
Occasionally, a supplier may make a change to a Service after your purchase, including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other Services features and/or requirements. As a result, Company (acting on the Supplier’s behalf) reserves the right to cancel, change, or substitute any Services that you have purchased at any time for any reason. If the change proposed by the Supplier is material (for example, a change in dates and/or a significant change to the itinerary) and you are dissatisfied with the alternative that is offered, you will be entitled to a full refund of the original purchase price.
We may decide in our sole discretion that it is necessary or desirable for the protection of our interests, the supplier's interests, and/or your interests to withdraw our Services, resulting in an override of the Services cancellation policy and the effective cancellation of a booking. We may also determine in our sole discretion to arrange a refund to you for part or all of the amounts charged to you. You agree that we and the applicable supplier shall have no liability for such cancellations or refunds.
The website may contain hyperlinks to websites operated by parties other than Company ("Third Party Sites"). Such hyperlinks are provided for your reference only. Their presence on the website does not signify any endorsement by Company of the material on such Third Party Sites nor any association with their operators. We do not control Third Party Sites and are not responsible for their contents or the privacy or other practices of those that own and operate them.
All the intellectual property rights therein are and will remain the sole property of the Company, and no rights are granted to the Client with respect to the services or the intellectual property rights therein other than the limited rights and licenses specified in this Agreement.
Client shall not at any time directly or indirectly and shall not permit any User to (i) permit any third party to access or use the services except as permitted herein; (ii) copy, modify, or create derivative works based on the services or the documentation; (iii) sell, sub-license, license, publish, frame, mirror, or otherwise distribute any part or content of the services; (iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the services, in whole or in part; or (v) access the services in order to (a) build a competitive product or services or (b) copy any content, features, functions, or graphics of the services.
The Client owns all right, title, and interest in and to all Client Data; provided that Company will have the right to use the Client Data to perform its obligations under this Agreement. The Client is responsible for any (i) Client Data submitted or contributed to the services by the Client or Users and (ii) Client's and Users' use of such content, including without limitation its legality, reliability, accuracy, and appropriateness. Notwithstanding the above, the Company shall remain responsible for maintaining the confidentiality and security of Client Data as per the applicable laws and regulations and in accordance with Company’s privacy policy (if any).
Company shall own and retain all right, title, and interest in and to (a) the services and software, all improvements, enhancements, or modifications thereto; (b) any software applications, inventions, or other technology developed; and (c) all intellectual property rights related to any of the foregoing.
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose any data, business, technical, or financial information relating to the Disclosing Party (hereinafter referred to as “Confidential Information”). Confidential Information of the Company includes non-public information regarding technical information, business know-how, marketing information, features, functionality, and performance of the services. Confidential Information of Client includes non-public data provided by Client to the Company to enable the provision of the services (“Client Data”). The Receiving Party agrees: (i) to take all necessary precautions to protect such Confidential Information and (ii) not to use (except in performance of the services or as otherwise permitted herein) or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public or (b) was in its possession or known by it prior to receipt from the Disclosing Party or (c) was rightfully disclosed to it without restriction by a third party or (d) was independently developed without use of any Confidential Information of the Disclosing Party or (e) is required to be disclosed by law provided that the Receiving Party promptly gives notice to the Disclosing Party of the disclosure before such disclosure occurs.
Notwithstanding the foregoing, either Party may disclose any of the other Party's Confidential Information to its employees or consultants that have a need to know such Confidential Information in connection with such Party's performance under this Agreement and that have agreed to be bound by confidentiality obligations as per this Agreement. The Receiving Party may disclose the Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance at the Disclosing Party's cost if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of any proceeding to which the Disclosing Party is a party, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
Each Party undertakes to comply with all applicable data protection regulations. To the extent that the Company within the scope of the services under this Agreement processes personal data on behalf of Client or its affiliates or Users, any such processing shall be in full compliance with applicable law. The Company shall at all times take appropriate and state-of-the-art organizational and technical measures to ensure the availability, security, confidentiality, and integrity of information, information systems, components, and processes used in the provision of services and all data provided or otherwise made available by or for the Client. These requirements also apply to communication and cooperation with the Client.
Company may terminate this Agreement with you at any time without advanced notice where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of Company and/or others users of the Services. That means that we may stop providing you with Services.
THE COMPANY WARRANTS THAT THE SERVICES WILL MATERIALLY ABIDE BY THE DOCUMENTATION THE COMPANY MAKES UNIFORMLY AVAILABLE TO ALL VISITORS TO THE WEBSITE AND APPLICABLE TO ALL CLIENTS/USERS RELATING TO THE OPERATION AND USE OF THE SERVICES. THE COMPANY DO NOT REPRESENT OR WARRANT THAT: (i) THE USE OF OUR SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, OR DATA; (ii) OUR SERVICES WILL MEET YOUR REQUIREMENTS; OR (iii) ALL ERRORS OR DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW TO PROVIDE CONFORMING SERVICES OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE APPLICABLE ORDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Client will indemnify and defend us against any third-party claim resulting from a breach of this Agreement or any claims pursuant to this Agreement or Services and the Client agrees to pay reasonable attorney’s fees, court costs, damages finally awarded or reasonable settlement costs with respect to any such claim. The Company will promptly notify the Client of any claim and cooperate with the Client in defending the claim. The Client will reimburse us for reasonable expenses incurred in providing any cooperation or assistance. The Client will have full control and authority over the defense and settlement of any claim except that: (i) any settlement requiring us to admit liability requires prior written consent not to be unreasonably withheld or delayed and (ii) Company may join in the defense with their counsel at their expense.
Limitation of LiabilityIN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS OBLIGATIONS UNDER CONFIDENTIALITY, PROPRIETORY INFORMATION, AND INDEMNIFICATION, IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION EXCEED THE AMOUNT OF MONEY PAID BY CLIENT FOR THE SERVICES DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT. WITH RESPECT TO ITS OBLIGATIONS UNDER CONFIDENTIALITY, PROPRIETORY INFORMATION, AND INDEMNIFICATION ABOVE, THE LIABILITY OF THE COMPANY TO THE CLIENT FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID (OR PAYABLE) BY CLIENT TO COMPANY HEREUNDER. THE FOREGOING SHALL NOT LIMIT THE PARTIES' PAYMENT OBLIGATIONS. CLIENT ACKNOWLEDGES THAT THE AMOUNT OF FEES PAYABLE BY CLIENT TO COMPANY HEREUNDER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THE LIMITATIONS ON ITS LIABILITY CONTAINED IN THIS SECTION. THESE LIABILITY LIMITATIONS APPLY EVEN IF CONTRACTUAL REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
Compliance with LawsIn connection with the performance, access, and use of the services under the Agreement, each Party agrees to comply with all applicable laws, rules, and regulations, including but not limited to export, privacy, and data protection laws and regulations. Client and its users may not access, use, export, or disclose any portion of the Services in violation of applicable laws. Specifically, Client represents and warrants that Client and Users: (a) are not located within a country or territory that is subject to U.S. trade sanctions or other significant trade/travel restrictions of any Country and that Client and Users will not access or use the services or divert or transfer the services in or to such restricted countries or territories; and (b) are not identified and are not owned or controlled by any persons identified on any U.S. government lists which would prohibit Client from receiving the services. Where required to fulfill our legal obligations under applicable law, the Company will cooperate with reasonable requests from local, state, federal, and international government authorities with respect to the Services. Notwithstanding any other provision in the Agreement, the Company may immediately terminate the Agreement if the Company has reason to believe that the Client has failed to comply with applicable law. The Parties agree to support each other in the prevention of bribery, corruption, money laundering and will inform each other immediately as soon as they know or suspect a violation of the applicable laws on the prevention of bribery and corruption and money laundering in relation to this Agreement or the fulfilment of obligations under this Agreement.
MiscellaneousAssignmentClient/User may not assign, sub-license, or transfer this Agreement or any right or obligations hereunder without prior written consent of the Company. However, an exception exists for situations involving a merger, reorganization, acquisition, or similar transfer of all or substantially all assets or voting securities (referred to as a "Change of Control"). If a permitted Change of Control occurs, the Client must provide written intimation and update their account information. Any attempt to assign the Agreement outside of these permitted circumstances is void. This Agreement will apply to the successors and assigns of both Parties following a permitted assignment.
Governing Law, Jurisdiction, and VenueThis Agreement is governed by the laws of India. Any legal disputes arising from this Agreement will be heard in the courts located in Delhi. Both Parties agree to the jurisdiction of those courts.
Attorneys' Fees and CostsThe Company, in any legal action related to enforcing this Agreement or disputes related to this Agreement, shall be entitled to recover its attorneys' fees and costs incurred during the action.
NoticesExcept as otherwise stated in this Agreement, all notices and consents must be provided in writing and will be considered delivered when:
- Given directly to the other party.
- Sent by certified or registered mail with a return receipt requested.
- Delivered one business day after sending by reputable overnight courier services.
- Received by email.
Both Parties can update their contact information by notifying the other Party in writing. Notices to the Company must be sent to their legal department at the specified address with a copy sent by email. Notices to the Client will be sent to the address listed in the Order (if provided) or to the email address associated with the Order. The Company may also send notices through their services.
Waivers and SeverabilityAny decision to waive a provision of this Agreement must be made in writing and signed by an authorized representative of the waiving party. Overlooking a rule shall not constitute a waiver. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the provision shall be modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
Force MajeureNeither Party will be held liable for any delays or failures to fulfill their obligations under this Agreement (except for payment obligations) if caused by events beyond their reasonable control. These events include strikes, wars, internet or utility outages, government licensing issues, natural disasters, pandemics, epidemics, lockdowns, earthquakes, floods, or any act of God. When a Party's delay or non-performance continues for a period of five (5) days or more, the other Party may terminate this Agreement without penalty.
Independent ContractorsBoth Parties to this Agreement are independent contractors and are not considered as franchises, employees, agencies, agents, partners, or a joint venture.
Headings and InterpretationHeadings and the summary explanations at the beginning of each Section of these Terms are for reference only and do not affect the Parties’ rights and obligations. As used herein, “may” means “has the right but not the obligation to”; “includes” and its variations means “including but not limited to”; and “days” means calendar days provided that obligations that would be due on a weekend or holiday will be due on the next business day following such weekend or holiday.
ReleaseClient releases the Company and our successors from all losses, damages, rights, demands, and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arising from the use of the services (collectively “Claims”).
Class Action SuitThe Client/User agrees not to bring or participate in any class, consolidated, or representative action against the Company or any of our employees or affiliates. The Client agrees that any claim the Client may have against the Company arising out of this Agreement or use of the services may only be brought on an individual basis.
