Terms of Service

Please read these Terms of Service ("Terms") carefully before using the MahaTreks web application (the "Service") operated by MahaTreks ("we," "our," or "us").

These Terms govern all use of the MahaTreks web application and all content and services available at or through the web application (taken together, the "Service"). The Service is owned and operated by MahaTreks. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MahaTreks Privacy Policy) and procedures that may be published from time to time on this Site by MahaTreks (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web application, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by MahaTreks, acceptance is expressly limited to these terms.

1. Acceptance of Terms and Our Role

MahaTreks provides a platform for users to connect with each other to organize and participate in trekking activities. WE ARE SOLELY A PLATFORM CONNECTING TREKKERS. WE DO NOT ORGANIZE, LEAD, SUPERVISE, OR PARTICIPATE IN THE ACTUAL TREKS. WE ARE NOT A TREKKING AGENCY, TOUR OPERATOR, OR ADVENTURE COMPANY.

By using MahaTreks, you acknowledge that you are responsible for your own safety and well-being, and for exercising due diligence in vetting any trek or individual you interact with through the Service.

2. Eligibility

The Service is available only to individuals who are at least 18 years old. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. User Accounts and Security

Account Creation: To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security: You are responsible for maintaining the security of your account and password, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with your account. You must immediately notify MahaTreks of any unauthorized uses of your account or any other breaches of security. MahaTreks will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Single Account: You may only register for and maintain one active account on MahaTreks.

4. User Responsibilities

You are entirely responsible for all content you post, and for any harm resulting from that content.

As a Host (Trek Organizer):

  • You are solely responsible for the accuracy and completeness of any trek information you post, including but not limited to destination, date, time, itinerary, difficulty, estimated cost, and necessary equipment.
  • You represent and warrant that you will only create treks on routes that you have personally experienced and are fully aware of the difficulties, terrain, and the overall route.
  • You are solely responsible for the organization, execution, and safety of the trek you host. This includes, but is not limited to, assessing risks, ensuring participants are adequately prepared, managing group dynamics, making decisions during the trek, and communicating any changes or emergencies.
  • You must have all necessary permits, permissions, and insurance (if applicable and required by law) for the treks you organize.
  • You agree to communicate clearly and responsibly with attendees.
  • You acknowledge that MahaTreks has no responsibility or liability for any aspect of the actual trek you host.

As an Attendee (Trek Participant):

  • You are solely responsible for your own safety, health, and well-being before, during, and after any trek you participate in.
  • You are responsible for assessing your own physical fitness, skill level, and preparedness for any trek.
  • You are responsible for vetting the trek host and the trek details before deciding to join.
  • You agree to adhere to any instructions or guidelines provided by the trek host.
  • You acknowledge that MahaTreks has no responsibility or liability for any aspect of the actual trek you participate in.

General User Responsibilities (for both Hosts and Attendees):

  • You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service.
  • You agree not to post or transmit any material that is defamatory, obscene, offensive, or otherwise objectionable.
  • You agree not to use the Service for any commercial purposes without our express written consent, other than organizing or joining legitimate treks as intended by the platform.
  • You are responsible for your interactions with other users.
  • You represent and warrant that:
    • The content you make available will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
    • The content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
    • The content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost search engine rankings, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material.
    • The content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

5. Content and Intellectual Property

Our Content: All content on MahaTreks, including text, graphics, logos, images, and software, is the property of MahaTreks or its licensors and is protected by intellectual property laws. This Agreement does not transfer from MahaTreks to you any MahaTreks or third-party intellectual property, and all right, title, and interest in and to such property will remain solely with MahaTreks.

User-Generated Content: You retain ownership of any content you submit, post, or display on or through the Service. By posting content, you grant MahaTreks a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your trek or use of the platform. If you delete Content, MahaTreks will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

You represent and warrant that you have all necessary rights and permissions to grant the above license.

Without limiting any of those representations or warranties, MahaTreks has the right (though not the obligation) to, in MahaTreks' sole discretion (i) refuse or remove any content that, in MahaTreks' reasonable opinion, violates any MahaTreks policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in MahaTreks' sole discretion. MahaTreks will have no obligation to provide a refund of any amounts previously paid.

6. Payment and Renewal (If Applicable)

General Terms: If MahaTreks offers paid services (e.g., premium listings, subscription features), by selecting such a product or service, you agree to pay MahaTreks the one-time and/or recurring fees indicated. Payments are typically charged on a pre-pay basis and are generally non-refundable unless otherwise stated.

Automatic Renewal: Unless you notify MahaTreks before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable fees (as well as any taxes) using any payment mechanism we have on record for you.

Fees; Payment: Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. MahaTreks reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to MahaTreks.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." MAHATREKS AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NEITHER MAHATREKS NOR ITS SUPPLIERS AND LICENSORS MAKES ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL MAHATREKS, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:

  • (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES;
  • (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES;
  • (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR
  • (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO MAHATREKS UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION.

MAHATREKS SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL.

ADDITIONALLY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAHATREKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, HARM, DEATH, OR DAMAGE TO PROPERTY INCURRED DURING ANY TREK OR ACTIVITY ORGANIZED OR PARTICIPATED IN THROUGH THE SERVICE.

YOU HEREBY RELEASE AND FOREVER DISCHARGE MAHATREKS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, AND LIABILITIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN ANY TREK OR USE OF THE SERVICE.

The foregoing shall not apply to the extent prohibited by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless MahaTreks, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement, your participation in any trek, or your violation of any rights of another.

10. Copyright Infringement and DMCA Policy (If Applicable)

As MahaTreks asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MahaTreks violates your copyright, you are encouraged to notify MahaTreks in accordance with applicable copyright laws (e.g., India's Copyright Act). MahaTreks will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MahaTreks will terminate a visitor's access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MahaTreks or others. In the case of such termination, MahaTreks will have no obligation to provide a refund of any amounts previously paid to MahaTreks.

11. Advertisements and Attribution (If Applicable)

MahaTreks reserves the right to display advertisements on the Service. MahaTreks also reserves the right to display attribution links, such as 'Powered by MahaTreks' or similar, in the footer or other parts of the Service.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. MahaTreks may also, in the future, offer new services and/or features through the Service. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

13. Termination

MahaTreks may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MahaTreks account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts located in Gurugram, Haryana, India.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable part will be construed to reflect the parties' original intent.

16. Visuals

Some of the visuals (photographs) on this website are sourced from third parties or submitted by the users. We do not claim copyright to these images. If you have concerns about a specific photograph or content, please reach out to us.

17. Entire Agreement

These Terms constitute the entire agreement between MahaTreks and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MahaTreks, or by the posting by MahaTreks of a revised version.

18. Contact Us

If you have any questions about these Terms, please contact us at: mahatreks@gmail.com

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