Statement of Rights and Responsibilities

Last Updated: 18th March 2022

This statement of Rights and Responsibilities (“Statement”, “Terms”, or “SRR”) is Elated Tours & Travels LLP (“our”, “we”, “us”, “Company” or “Elated”) terms of service that governs our relationship with users and others who interact with Elated Tours & Travels LLP, as well as Elated brands, partners, product and services, which we call the “Services” or “Elated Services”.

By using or accessing the Elated Services, you agree to this Statement, as updated from time to time. Because Elated provides a wide range of Services not limited to Trip Provider, Travel Consultant, etc. we may ask you to review and accept supplemental terms that apply to your interaction with specific service, website, product. To the extent those supplemental terms conflict with this SSR, the supplemental terms associated with the Elated Services govern with respect to your use of such Elated services to the extent of the conflict.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Elated Services to share your content and information with others and how we collect and can use your content and information.

2. Sharing you Content and Information

You own all the content and information you provide to us.
For the content that is covered by intellectual property rights, like photo and videos (IP Content) gained during availing our services like - for example - in Trip the videos or the photos you take, you specifically give us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of that content.
When you want to get those content removed, you can specially write an email to support@elatedtrips.com for the request of the same - and it’s at our discretion to remove that.
We always appreciate your feedback, suggestions or volunteering efforts you offer for Elated Services. But you understand that we may use your feedback, suggestions, ideas and volunteer helping hand without any obligation to compensate you for them (just as you have no obligation to offer them).
You aren’t allowed to share or post or keep any content which might jeopardize other members' privacy or safety.

3. Safety

We do our best to keep Elated business safe, but we cannot guarantee it. We need your help and commitment to keep Elated Services safe, and sound. Some of the following commitment by you are:

Elated will not be responsible for any mishappening while using Elated services in any form of activity and you understand the risk and will take care of yourself while availing the services.
You will not perform any kind of illegal activity or termed as illegal activity using the Elated Services.
You will not post unauthorized commercial communication or spam people who are member of Elated, or have used elated services in past.
You will not collect users’ content or personal information, or otherwise Elated user data using any automated means (such as harvesting bots, robots, spiders, scrapers, etc.).
You will not engage in unlawful multi-level marketing, such as a pyramid scheme among Elated users.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post, display or make content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).
You will not use Elated or it’s services to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Elated, such as a denial of service attack or interference with page rendering or other Elated functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
You will coordinate in all case while using Elated services - like - while on a Trips - any guidance from the Elated authorized member, you will honor that. And you agree to follow all the guidelines gives while availing our services.
You will take care of your belongings, health and other people's safety who are traveling with you on the trip. Elated won’t be responsible for any mis-happening while availing the services.
Respecting all the members privacy and personal space availing the elated services align with you - should not be affected by any means from you. You ensure to maintain the sanctity while availing the services. Especially unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
You will abide by all applicable local, state national and international laws and regulations in your use of Elated services (Including laws and concerns regarding intellectual property, privacy concerns).
You will not engage, in any form of act; in spam, chain letters, junk mail or other type of unsolicited communication. Will not defame, harass, abuse or disrupt other uses of the service - in any form of the act.
You will not consume, possess or do activities that may jeopardize the safety for yourself and other elated members.
You will not consume or possess any kind of Alcohol, Drugs, other toxic item or tools that could be harmful to other members like - Gun, Knife and other sharp items. If you do so, Elated has all the rights to inform this to the government authority and expel you from the platform and doesn’t have any obligation for any kind of refund.
You will not post content or take any action on Elated that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content / user from Elated if we believe that it violates this Statement or our policies.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
If you collect information from users, you will: obtain their consent, make it clear that you (and not Elated) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not obtain anyone's identification documents or sensitive information including their personal or financial information from Elated Services.
You will not reach out to members or send/contact them directly or through non-users without their consent.
You will use affiliate membership in its true sense and won’t harm or impact the services by causing any nuisance in any form of act.
Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Probe, scan or test the vulnerability of the Platform or any network connected to the Elated Services, nor breach the security or authentication measures on the Elated Services or any network connected to the Elated. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the Elated, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
Use the Elated Services or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (ies);
Violate any code of conduct or guideline which may be applicable for or to any particular service offered by us;
Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
If you want to opt-out of elated services entirely, write us at support@elatedtrips.com for the same with your registered email id.

4. Payment

The user(s) acknowledges that payment methods shall be offered on the platform form 3rd party service providers. The users are solely responsible for the genuineness of credentials and payment information provided for the Elated Services and the company shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any users.

Further, We don't bear any liability for any activities, breaches, discrepancies or technical problems experienced by the Users whilst using any vendor or third-party services. The relationship between the user and third-party or vendor shall be governed by their Terms of Use and Privacy policy.

As, we don’t store any payment related data which may result into fraudulent activity, we don’t possess any liability for any fraudulent activity on the payment details.

The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. The Company, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction or any other similar reason from the service provider. Any refund or compensation will be addressed by our Refund Policy and as a company we can choose not to compensate and refund any amount to any user, it’s at the company's sole discretion.

For any payment related issues, reach out to us at support@elatedtrips.com

5. About Advertisement

As a company our goal is to deliver you the best of the tools & services. We do tie up with companies for advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

You give us permission to use or share details like name, email, phone, and other basic information in connection with commercial or sponsored or related content served or enhanced by us.
You understand that we may not always identify paid services and communication as such.
Any services offered by any of the advertisers is solely the business of you and that company. And we don’t own any liability for that.

6. Disputes

We as a business take disputes very seriously and take preventive action, if required we even set up an investigation committee. For any disputes you must reach out to us within 7 days of the occurrence and bring it our notice through email or post at our office address.

If anyone brings a claim against us related to your actions, content or information on Elated, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon or other related costs) related to such claim.

We try to keep Elated Services, upto mark, bug free, and safe but you use it at your own risk. We are providing services as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, vendor services, and non-infringement. We do not guarantee that Elated will always be safe, secure or that Elated will meet it’s all service promises, delays or imperfections. As in the travel industry such promises turn out to be non realistic.

Elated is not responsible for the actions, content and services provided by any third parties, and you release us, our directors, our officers, employees, agents directly related to Elated from any claims and damages known and unknown, arising out of or in any way connected with any claim you have against us or third-party.

Although we provide rules for user conduct, we do not control or direct users' actions on Elated Services and are not responsible for the content or information users transmit or share. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter with us. We are not responsible for the conduct, whether online or offline, of any user of Elated Services.

Elated will not be liable to you for any lost belongings, missed services, changes in the trip plan, delays or non fulfillment of the services arising out of or in connection with this statement or Elated Services, even if we have been advised of the possibilities of such damages.

In any case, our aggregated liability arising out of any even or compensation or damages will not exceed One Hundred Rupees (INR 100).

7. Notices

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to support@elatedtrips.com from their registered email address.

8. Agreement to be bound

By using Elated Services or platform or any service branded under us, you acknowledge that you have read to be bound by this Agreement and all terms and conditions on this website.

8. General

Force Majeure: Neither the Company nor the associated brands shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

Cessation Of Operation: Elated may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the services.

Entire Agreement: This agreement comprises the entire agreement between you and Elated and supersedes any prior agreement pertaining to the subject matter container here. We may ask you to sign other service related agreements for certain elated services, which supersedes this.

Governing Law: You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Elated exclusively in the Indian Court located in the city of Gautam Buddh Nagar/Noida, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Uttar Pradesh of India, Uttar Pradesh will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. Neither you nor the Elated will commence or presecture any suite, proceeding or claims to enforce provision of this Agreement, to recover damages for breach of or default of this agreement, or otherwise arising under or by reason of this agreement, other than in court located in the state of Uttar Pradesh. By Elated service, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising our of or related to the use of Elated services, website or this agreement must be filed within 7 days and with reason in 14 days after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Amendments: Elated reserve the right to update this agreement from time to time in accordance with its service and better value creation for you, in its sole discretion without any advance notice to you.

Termination: Elated Tours & Travels LLP reserves the right to terminate your access to its services, in its sole discretion without any advance notice to you. Following termination, you are not permitted to use the website and services. This agreement will survive indefinitely unless and until the company chooses in its sole discretion and without advance notice to you, to terminate it.

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