Table of Contents:

 

1. Scope of Services
2. Eligibility to use
3. Using the FURUT Platform: Account Registration and use
4. Term & Termination
5. Terms specifically applicable to Customers
6. Usage Terms
7. Prohibited content and use
8. Communications
9. Third Party Links
10. Insurance
11. Intellectual Property
12. Privacy
13. Indemnification
14. No warranty
15. Limitation of Liability
16. General Provisions

Terms of usage

 

Last updated: [january 2020]

These terms form a legally binding agreement between Users (“User(s), you, your, yourself”) and FURUT LLP and/or its subsidiaries and affiliates (“FURUT, we, us, our”). These terms shall govern the use of the website, mobile application, call centers (collectively referred to as “FURUT Platform”) which enables the user to connect with us in relation to the services offered through the FURUT Platform (“Services”).

Please read these terms carefully before accessing, using, obtaining or availing any Products or Services by FURUT. If you do not agree with these Terms of Use you may refrain from using the FURUT Platform and/or Services. These conditions must be read in conjunction with any other applicable terms and conditions governing the use of FURUT Platform and Services.

FURUT reserves the right to modify these Terms of Use at any time at its sole discretion. It will be your responsibility to keep yourself updated with the Terms of Use from time to time, your continued usage of the FURUT Platform and Services would be deemed to be an acceptance of these terms and the modifications thereto.

1. Scope of Services

FURUT through the FURUT Platform connects Users with third parties to use FURUT branded properties managed and/or owned by third parties (“Channel Partners”) or FURUT as the case maybe to help the Users avail the Services. FURUT Platform offers Services to its Users by offering its products (“FURUT Products”) which shall include but shall not be limited to:

• FURUT CAMPS
• FURUT STORE
• FURUT PRODUCTS
• FURUT WINGS
• FURUT ACTIVISM

2. Eligibility to use

You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse the FURUT Platform, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. FURUT reserves the right to terminate User’s access and refuse to provide User with access to the FURUT Platform if FURUT discovers that User is under the age of 18 years.

3. Using the FURUT Platform: Account Registration and use

FURUT makes the Services available to you through the FURUT Platform upon you providing FURUT certain required User information and having created an account (“Account”) through FURUT ID and password or other log-in ID and password (collectively, the “Account Information”). The FURUT Platform requires you to register as a User by creating an Account in order to utilize the Services provided. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify FURUT of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that you exit/log out from the account at the end of each session. FURUT cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by FURUT or any other customer or visitor to the FURUT Platform due to authorized or unauthorized use of your account as a result of your failure in keeping its Account Information secure and confidential.

FURUT also allows restricted access to the FURUT Platform for unregistered users. At the time of registration, you shall ensure that the Account Information provided by you in the FURUT Platform registration form is complete, accurate, and up-to-date. The use of another user’s account information is expressly prohibited.

4. Term & Termination

In case you wish to discontinue you can at any point opt-out of your membership of the FURUT Platform.FURUT deserves the right to unilaterally terminate your use of the FURUT Platform without notice or any liability for reasons of breach of the terms mentioned herein.

5. Terms specifically applicable to Customer :

Users availing Services and FURUT Products via the FURUT Platform (hereinafter referred to as “Customers”) shall be governed by the following terms and conditions:

A. Reservation or booking of services

The process of booking Services from this FURUT Platform may require you to disclose your personal and confidential information. To prevent any possibility of unauthorized access to your confidential information such as name, address, etc., you shall not use/access this site from unsecured computers, unsecured communication links, unsecured mobile phones, or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet-enabled computers or computer services. The User agrees, acknowledges, and confirms that before placing an order on the FURUT Platform, the User shall check the Service description and price carefully and by placing an order for a Service you agree to be bound by these terms including the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on the FURUT Platform. FURUT shall not be responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s act’s or omissions That relying on declarations, confirmations, information, and obligations made/undertaken by the User in accordance with the terms, and believing the same to be true and acting on the faith thereof, FURUT has agreed to provide the Services to the User as per the terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake, and represent & warrant to FURUT:

1. the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to FURUT for Services ordered by the User.
2. In the event of detecting any suspicious activity from the User’s account, FURUT reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User.
3. In a credit card transaction; you must use your own credit card for which the User has full right & authority to validly use such Credit Card for making payment to FURUT. FURUT shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
4. While using the FURUT Platform User shall at all times strictly comply with the payment procedure and the terms mentioned herein in their entirety.
5. Your use of the Services shall be deemed that you are fully satisfied with the description, look, and design of the accommodation and usage fee of the accommodation as has been displayed on FURUT’s Platform

The User agrees and acknowledges that in the FURUT Platform all Services are offered only at the sole discretion of FURUT.

B. Payment & Usage Fee

You hereby agree and understand that you will have to pay the usage fee as mentioned on the FURUT Platform for the concerned Services via the payment mode provided on the FURUT Platform post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, FURUT will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct, and proper information.

FURUT uses third party payment providers to receive payments from User. FURUT is not responsible for delays or erroneous transaction execution or cancellation of reservations due to payment issues. FURUT takes utmost care to work with third-party payment providers, but does not control their systems, processes, technology, and workflows, hence cannot be held responsible for any fault at the end of payment providers.

Users making payments for Services provided via the FURUT Platform would be making payments to the entities mentioned as per the link mentioned in the tab named Payment for Services.

C. No Warranty

By using the FURUT Platform you hereby acknowledge and agree that FURUT is not a CAMPSITE owner and has no control over the conduct or behavior of the management of any property or the quality, fitness, or the suitability of the services provided by third party offering services. FURUT disclaims any and all liabilities in this regard. You are requested to kindly take due care of all their personal valuables and belongings. FURUT and its employees shall NOT be responsible for ‎any loss, theft, or damage to the Guests’ personal valuables and belongings.

6. Usage terms

The information, materials, Services available on the FURUT Platform may inadvertently include inaccuracies, typographical errors, or outdated information, FURUT is not responsible for and shall not be bound to honor typographical or pricing errors on the FURUT Platform. FURUT reserves the right to refuse or cancel orders at any time, including but not limited to the orders that contain incorrect prices or product descriptions, orders in which FURUT believes the User has violated applicable laws or these terms, orders that FURUT believes are harmful to FURUT or orders that FURUT believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. FURUT neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or Service. FURUT expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error-free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the Services and/or products.

FURUT shall not be responsible for the delay or inability to use the FURUT Platform unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities, and related graphics obtained through the FURUT Platform, or otherwise arising out of the use of the FURUT Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, FURUT shall not be held responsible for non-availability of the FURUT Platform during periodic maintenance operations or any unplanned suspension of access to the FURUT Platform that may occur due to technical reasons or for any reason beyond FURUT’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the FURUT Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. FURUT accepts no liability for any errors or omissions, with respect to any information provided to the User.

7. Prohibited Content :

As a pre-condition of use of the FURUT Platform, User warrants to FURUT that User shall not use this FURUT Platform for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the User agrees that this license to use FURUT Platform will terminate immediately upon User’s violation of this warranty. FURUT reserves the right, at its sole discretion, to block/terminate User’s access to this FURUT Platform and its content at any time, with or without notice. The User agrees, acknowledges, confirms, and undertakes that the registration data, information/data provided or uploaded onto the FURUT Platform by the User:

a. shall not be false, inaccurate, misleading or incomplete; or b. shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or c. shall not infringe any third party’s intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy; or d. shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or e. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or f. shall not create liability for FURUT or cause FURUT to lose (in whole or in part) the services of FURUT’s ISPs or other service providers/suppliers. If the User contravenes the foregoing or FURUT has reasonable grounds to suspect that the User has contravened the foregoing, FURUT has the right to indefinitely deny or terminate the User’s access to the FURUT Platform and to refuse to honor the User’s request(s).

Users are prohibited from engaging in the following activities:

a. Systematically retrieve data or other content from the FURUT Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. b. Make any unauthorized use of the FURUT Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. c. Circumvent, disable, or otherwise interfere with security-related features of the FURUT Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the FURUT Platform and/or the Content contained therein. d. Engage in unauthorized framing of or linking to the FURUT Platform. e. The trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. f. Make improper use of our support services or submit false reports of abuse or misconduct. g. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. h. Interfere with, disrupt, or create an undue burden on the FURUT Platform or the networks or services connected to the FURUT Platform. i. Attempt to impersonate another user or person or use the username of another user. j. Sell or otherwise transfer your profile. k. Use any information obtained from the FURUT Platform in order to harass, abuse, or harm another person. l. Use the FURUT Platform as part of any effort to compete with us or otherwise use the FURUT Platform and/or the Content for any revenue-generating endeavor or commercial enterprise. m. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the FURUT Platform. n. Attempt to bypass any measures of the FURUT Platform designed to prevent or restrict access to the FURUT Platform, or any portion of the FURUT Platform. o. Copy or adapt the FURUT Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. p. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the FURUT Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the FURUT Platform. q. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism. r. Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the FURUT Platform, or using or launching any unauthorized script or other software. s. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the FURUT Platform. t. Use the FURUT Platform in a manner inconsistent with any applicable laws or regulations.

8. Communications

When you use the FURUT Platform, you agree and understand that you are communicating with FURUT through electronic records and you consent to receive communications via electronic records from FURUT periodically and as and when required. FURUT may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that FURUT shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, FURUT will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this FURUT Platform, you agree that FURUT shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing, you agree that FURUT shall not be held liable or responsible for ‘phishing attacks’ on you. You may accept or decline the cookies when you access the FURUT Platform. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.

9. Third-Party Links

This FURUT Platform may at FURUT sole discretion, contain links to FURUT Platforms owned and maintained by persons or entities other than FURUT. FURUT may also provide links to the other sites for the purpose of enabling the Customer to make payment to FURUT. Any of the foregoing links do not constitute an endorsement by FURUT of any such sites and are provided only as a convenience. FURUT is not responsible for the content or links displayed on such sites. FURUT is not responsible for the privacy practices of such sites which FURUT does not own, manage or control. FURUT does not regularly review and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this FURUT Platform may be linked and FURUT shall not be responsible for any deficiency thereof. FURUT does not endorse any or all of the materials, Services, and services available on such linked sites, and FURUT expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of the User and is made at User’s own risk.

10. Insurance

Travel Insurance provided as a part of FURUT’s services shall be as per the terms and conditions of the third-party insurance company, if any. [INSURANCE COMPANY NAME] (hereinafter [INSURANCE COMPANY NAME]). FURUT LLP merely acts as a facilitator in connecting the User with [INSURANCE COMPANY NAME]. The User shall contact [INSURANCE COMPANY NAME] directly for any claims or disputes. FURUT shall not be held liable in case of partial acceptance or denial of the claims by [INSURANCE COMPANY NAME] and FURUT has no role or liability in claims settlement.

It is clarified that a claim raised under the relevant insurance policy would act as a bar against any endorsement in the policy which would include but not be limited to changes relating to extension/curtailment of stay period and addition/deletion of guests covered under the policy.

11. Intellectual Property

FURUT Platform and the content posted herein which shall include but shall not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces, and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to FURUT; all comments, feedback, ideas, suggestions, information or any other content provided by the User(hereinafter referred to as “FURUT IP”). You may not modify, publish, copy, transmit, transfer, sell, reproduce, modify create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit FURUT IP in any other way.

The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to FURUT or FURUT Platform (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for FURUT to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this FURUT Platform and that use of his/her content by FURUT shall not infringe upon or violate the rights of any third party.

12. Privacy

Please refer the privacy policy which will also govern your use of FURUT Platform and/or Services which can be accessed here: https://camps.furut.net/privacy-policy

13. Indemnification

Without prejudice to and in addition to any other remedies, reliefs or legal resources available to FURUT herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold FURUT harmless including but not limited to its affiliate, agents, and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by FURUT that arise out of or related to your use or misuse of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties, and covenants made by you herein.

14. No warranty

The Services are provided by FURUT on an “as is”  basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, FURUT makes no warranty that (i) FURUT Platform or the Services will meet your requirements or your use of the FURUT Platform or will be uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use of the FURUT Platform, or Services will be effective, accurate or reliable; (iii) the quality of the FURUT Platform or Services will meet your expectations, or that (iv) any errors or defects in the FURUT Platform or Services will be corrected. No advice or information, whether oral or written, obtained by you from FURUT or through or from use of the FURUT Platform shall create any warranty not expressly stated in the terms of use. FURUT shall have no liability to the User for any interruption or delay, to access the FURUT Platform irrespective of the cause.

It is hereby further clarified that FURUT and Channel Partners are separate and independent entities and FURUT does not work as representative or agent of the Channel Partner. By making a reservation/booking at the listed Accommodations the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone.

The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website/ Mobile Application/ Call Center/ Partners. It is the User’s responsibility to check the details of the Accommodations listed on the FURUT Platform at its sole discretion. FURUT shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, should FURUT be made a party dispute between User(s) and Channel Partner(s) except in cases of online payments where FURUT shall be considered the first point of contact? FURUT will be the first point of contact in respect of online payment dispute management, refunds, cancellations, returns, and customer support as they relate to the use of the FURUT platform. Users can reach out to FURUT to mediate or resolve any online payment dispute or disagreement between the User and Channel Partners.

This website uses [ANALYTICS TOOL NAME], a third-party analytics tool, to track page content and click/touch, movement, scroll, and keystroke activity. You can opt-out at https://mouseflow.com/opt-out.

15. Limitation of Liability

FURUT shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary, and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this FURUT Platform or any of the information, software, services and related graphics contained within the FURUT Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if FURUT has been advised of the possibility of damages.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, FURUT’S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING FURUT SERVICES/ BROWSING THE FURUT PLATFORM SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.

16. General Provisions

Governing Law and Jurisdiction: This Agreement and all transactions entered into on or through FURUT Platform shall be interpreted, construed, and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences, and disputes arising under or in connection with or in relation thereto the FURUT Platform, the terms or any transactions entered into on or through the FURUT Platform, or the relationship between User and FURUT shall be subject to the exclusive jurisdiction of the courts at KOLKATA and User hereby accede to and accept the jurisdiction of such courts.

No Waiver: Any failure, delay, or forbearance on the part of FURUT in (i) exercising any right, power, or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by FURUT of any right, power or privilege preclude any other future exercise or enforcement thereof.

Severability: The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.