Terms and Conditions:
Welcome to gutsytribe.com!
These terms and conditions outline the rules and regulations for the use of Gutsytribe's Website located at https://gutsytribe.com/ and our mobile application.
You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our Website located at www.gutsytribe.com (the "Website"), Mobile application and related software and services (collectively, the "Gutsytribe Platform")
By accessing this website we assume you accept these terms and conditions.
This User Agreement along with Terms Of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of Gutsytribe(India).
Any person ("User") who inquiries about or purchases any products or services of Gutsytribe through its websites, mobile applications agree to be governed by this User Agreement.
Gutsytribe reserves the right to change the terms, conditions, and notices under which the Gutsytribe Website is offered, including but not limited to the charges associated with the use of the Gutsytribe Website.
Access and Use of the Services:
The Services can be used to facilitate the listing, reviewing, searching, comparing, meeting other people, entering contests and booking of tours and activities ("Group Tours"). Such Group Tours are included in the Listings on the Services by Operators. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Tour or create a Listing, you must either register to create a Gutsytribe Account (defined below) or provide your email address. As stated above, Gutsytribe makes available a platform or marketplace with related technology for Travellers and Operators to meet online, write reviews, search, compare, enter contests and arrange for bookings of Group Tours. Gutsytribe is not an operator of tours, activities or other Group Tours, nor is it a provider of group tours or activities and Gutsytribe does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services.
For any kind of visa, inner line permits, forest department or government permissions and tickets to entrance parks which are part of your itinerary, please check with the tour operator or plan them in advance. Gutsytribe does not provide these services or checks any of these services. Gutsytribe only facilitates ticket booking and does not take any guarantee of any kind of permissions or tickets required in the course of your tour itinerary. In case you miss and do not have required documents due to which you are not able to complete your tour, Gutsytribe or tour operator will not be liable for the act.
Gutsytribe 's responsibilities are limited to:facilitating the availability of the Services and serving as the limited agent of each Operator for the purpose of accepting payments from Travellers on behalf of the Operator.
Please note that, as stated above, the services are intended to be used to facilitate the booking of group tours. Gutsytribe cannot and does not control the content contained in any listings and the condition, legality or suitability of any group tours. Gutsytribe is not responsible for and disclaims any and all liability related to any and all listings and tours. Accordingly, any bookings will be made at the traveler's own risk.
The User represents and warrants that he/she is competent and eligible to enter into
legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Gutsytribe Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
All information provided by Users are self declared and not verified by Gutsytribe. Any and all information posted by any User including but not limited to their photographs, videos, company name, Gutsytribe has the right to use this Content for promotions or marketing purposes.
Gutsytribe allows users to contribute different kinds of Content, including reviews, photos and videos. You alone are responsible for Your Content posted on the Website/App. The User’s contributions to the Platform should be unbiased and objective.
Gutsytribe does not and cannot review all communications or Content uploaded to the Site and is not responsible for the Content, quality, or consequences of your uploading such communications or Content. Notwithstanding the foregoing,
Gutsytribe shall delete/ remove/ modify/ block the content/ reviews if the reviewer attempts to use any improper/ indecent/ abusive language or tries to defame any Service Provider for private/ personal/ professional reasons.
The User acknowledges and agrees that Gutsytribe may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, audio, video and text of Customer obtained through the Platform(s) to create marketing materials (collectively, "Content"), in whole or in part, in any manner or media as Gutsytribe sees fit. Content related to business photos and videos should be broadly relevant to the business and reflect the typical consumer experience (e.g., what the business looks like, what the business offers, etc.).If You post a photo or video that showcases a more unique personal experience with a business, We may remove it from the photo gallery for the business, but it still
may appear alongside Your review if you write one about the business.
Guidelines for uploading photos and videos:
Gutsytribe reserves the right to delete, remove, modify refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to Gutsytribe or as it may direct.
To fully avail the services of the Website and use it, registration is required. Users
can register on the Website either as Customers or as Service Providers and can also register themselves using their Facebook account. The Service Providers shall upload their team, work and Customer profile after registration. Gutsytribe shall approve the Users detailed profile after basic scrutiny of the Content and pictures. The Website, however, does not guarantee the authenticity of the claim of the work. The professionals seeking to provide reviews and ratings can do so only after their registration. One can register themselves on the Website by providing their username, email, password, first name and last name or may register using their social account.
Notwithstanding the aforesaid, an individual can visit the Website however to avail such service proper registration is required.
Membership of this Website is available only to those above the age of 18 years. barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and Gutsytribe reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services.
All information provided by the User, Customers and Service Provider must be true, accurate and complete. Gutsytribe reserves the right (but has no obligation) to verify any and all information provided on a User's profile. By registering on the Gutsytribe Platform, the User is attesting that he/she/it has the skills and ability to perform the requested Services by the deadline stated in the job posting or agreed upon.
The User is solely responsible for ensuring and maintaining the secrecy and security of his/her Gutsytribe account password. The User agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on Gutsytribe.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become acquaintances with from the Gutsytribe Platform. Such contact shall be made only in pursuance of such objectives and services and no other calls shall be made.In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to statistical compilations.
Payment Terms and Charges:
In addition to the cost of booking as charged by the Service Providers, Gutsytribe reserves the right to charge certain fees in the nature of convenience fees or service fees. Gutsytribe further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting payment from such User.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, Gutsytribe shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to Gutsytribe. In cases where the short charge is claimed prior to the utilization of the booking, Gutsytribe will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by Gutsytribe on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, Gutsytribe will process the refund of the booking amount paid by the User and intimate the User about the same. Gutsytribe is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and Gutsytribe as the case may be.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws
The User agrees and understands that all payments shall only be made to bank accounts of Gutsytribe. Gutsytribe or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of Gutsytribe. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by Gutsytribe or to any personal account of any person, Gutsytribe shall not be held liable for the same. User shall not hold any right to recover from Gutsytribe any amount which is transferred by the User to any third party.
The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of Gutsytribe. The User shall immediately inform Gutsytribe if such details are demanded by any of its agents' employees or representatives. Gutsytribe shall not be liable for any loss that the User incurs for sharing the aforesaid details.
Refunds, if any, on cancelled bookings will always be processed to the Gutsywallet.
Booking(s) made by the User through Gutsytribe are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us.
➢ You hereby certify that you are at least 18 years of age.
➢ You hereby agree to provide genuine credentials during the process of registration for the Platform. You shall not use a fictitious indentity to register.
➢ You agree that any Content posted by shall be unbaised and objective. You must also ensure that your contributions to the Website are relevant and appropriate to the Website. You alone are responsible for Your Content.
➢ You agree not to publicize other User’s private information without their consent. Such private information shall include but not be limited to closeup photos or videos, other User’s full names and address.
➢ You agree to ensure the email address and mobile number provided in your account registration is valid at all times and shall keep your contact information accurate and uptodate.
➢ You agree that you are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
➢ You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the the Gutsytribe Platform, including, without limitation to, any usage rules set forth in this Agreement.
➢You agree that all service Contracts between any Customer and Service Provider shall name Gutsytribe as an express third party beneficiary under the Service Contract (but not as a party to that agreement).
➢You agree to make no representations or warranties or enter into any contracts on behalf of Gutsytribe. Customer and Service Provider may agree to additional terms in their service Contract materially different than the Standard Terms; however, nothing in such service Contract will in any way limit or modify Gutsytribe's rights.
➢You recognize, acknowledge and agree that You are not an employee of Gutsytribe and that Gutsytribe does not, in any way, supervise, direct, or control Your work or Services. However the employees of Gutsytribe can also be Users;
➢You undertake not to:
Gutsytribe must be obtained;
structure or presentation of the Gutsytribe Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Gutsytribe Platform is prohibited. You acknowledge and agree that
by accessing or using the Platform, You may be exposed to Content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive Content on the Platform. Further, You may
report such offensive Content;
Platform or any network, devises and software solutions connected to the Gutsytribe Platform. You may not reverse lookup, trace or seek to trace any information on any other user, of or visitor to, the Gutsytribe Platform, or exploit the Gutsytribe Platform or Service or information made available or offered by or through the Gutsytribe Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification
information, other than Your own information, as provided for by the Gutsytribe Platform;
➢ Customers agree to respond promptly to communications with and requests for information from the Service Provider.
➢ The Service Provider is responsible for providing all tools and resources necessary to complete the Contract, unless explicitly stated in advance by the Customer. Service Providers agree to respond to all Customer communications and requests for information within one business day. If the Service Provider will be unable to meet this requirement due to an absence, he is expected to notify the Customer at least 2 weeks prior. After the completion of a Contract, the Service Provider can provide timely, honest and objective feedback on the Customer.
If you choose to use the services, you do so at your sole risk. You acknowledge and agree that gutsytribe 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, gutsytribe 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.
Gutsytribe 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. Gutsytribe 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 gutsytribe 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 gutsytribe does not make any attempt to verify the statements of users of the services or to review or visit any group tours. Gutsytribe 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 gutsytribe or take place during an group tour. Notwithstanding gutsytribe 's appointment as the limited agent of the operators for the purpose of accepting payments from travellers on behalf of the operators, gutsytribe 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 gutsytribe 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 gutsytribe 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.
Indemnification and Release:
You agree to release, defend, indemnify, and hold Gutsytribe 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 your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms;your Member Content; and your interaction with any Member,booking of an Group Tour,creation of a Listing or 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.
The failure of Gutsytribe 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 Gutsytribe . 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.
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.
If you have any questions about these Terms or any App Store Sourced Application, please contact Gutsytribe at email@example.com