INTRODUCTION
As with any service, certain legally binding terms and conditions apply to Xploring Light’s services too. Please be sure to read this before availing of any of our services – don’t worry; the Terms and Conditions are written in simple English without excessive legalese. By availing of any of Xploring Light’s services, therefore, you implicate that you agree to the Terms and Conditions. We can’t see why you wouldn’t, because they are entirely fair. Xploring Light shall, however, not be liable for any consequences arising out of your failure to fully read and understand the Terms and Conditions.
GENERAL INFORMATION
The terms and conditions (the “Terms”) on this website, https://www.xploringlight.com (the “Website”) are made available to the customer (hereinafter referred to as “You”, “Your”, “Yours”, “Customer”, “Customer’s”, “Participant”, “Participants” or “Participant’s”).
We are Light Chasers Photography Pvt. Ltd, a company incorporated under the Companies Act, 1956, India. Our corporate office address is 693, Sector 21C, Part I Faridabad (Haryana), India (hereinafter referred to as “Xploring Light”, “Xploring Light’s”, “We”, “Us” or “Our”).
These terms and conditions are subject to change. Xploring Light reserves the right to amend any part of the terms and conditions anytime without express or advance notice.
If you have any questions, complaints or comments on the Website then you may contact us on info@xploringlight.com, use the “Contact Us” feature on the Website or use the alternative modes of correspondence enlisted on that page.
WEBSITE TERMS
The website, www.xploringlight.com, is operated and owned by Light Chasers Photography Private Limited. Xploring Light and the Xploring Light logo are the exclusive registered trademarks of Light Chasers Photography Private Limited.
We do not accept any liability for:
– damage to Your computer system or loss of data or other proprietary material that results from your use of the Website or in connection with your downloading of any material posted on it, or on any website linked to it, unless such damage results from our negligence; and
– any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond Our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium)
While we endeavour to correct any errors or omissions as soon as possible once they have been brought to our notice, we do not promise that the information on the Website will be free from errors or omissions.
We constantly seek to improve this Website and if the need arises, we may suspend access to the website. Accordingly, some of the material on the website may be out of date at any given time and, except as required by law, we are under no obligation to update such material.
SERVICES AND PRODUCTS TERMS AND CONDITIONS
- WORKSHOP TERMS AND CONDITIONS
- GUIDED PHOTOGRAPHY TOURS TERMS AND CONDITIONS
- CUSTOM TOURS TERMS AND CONDITIONS
WORKSHOPS TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
Light Chasers Photography Pvt. Ltd., (“Xploring Light”) arranges basic and advanced Photography and Digital Post-Processing Workshops in various cities within India. You desire to participate in a Workshop arranged by Xploring Light. In consideration of Xploring Light’s agreement to allow you to participate, you agree as follows::
INDEMNIFICATION: You certify that you have read this entire document and fully understand its contents. In consideration of, and as part payment for the right to participate in this Workshop, and the activities, services, and food arranged for you by Xploring Light, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you to INDEMNIFY, defend, and hold harmless Xploring Light, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this Workshop, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.
RELEASE OF LIABILITY: In further consideration of, and as part payment for the right to participate in this Workshop, and the activities, services, and food arranged for you by Xploring Light, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Xploring Light, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this Workshop, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.
ASSUMPTION OF RISK: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with, the Workshop in which you are allowed to participate, including but not limited to those described herein, and pledge not to sue Releasees, on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.
Xploring Light reserves the exclusive right to change the instructor (“The Mentor”) of the Workshop to another of similar competence and capacity anytime before the Workshop without any obligation to serve advance notice to the participants or the general public. Such changes will be at the sole discretion of Xploring Light and shall be binding on the participants of the Workshop. Participants who have paid for the Workshop are not eligible for any refunds or discounts on account of such or any other scheduled or unscheduled changes to the facilitators of the Workshop.
Xploring Light reserves the exclusive right to decide the venue and the group size for each Workshop. Xploring Light also reserves the right to deny admission to anyone to a Workshop on its sole discretion, without obligation to furnish reasons.
Xploring Light reserves the right to cancel a Workshop at any stage before the Workshop without obligation to furnish reasons. However, Xploring Light will duly refund, or issue a credit note in lieu of, any fees paid.
Xploring Light may use pictures and videos of participants and activities taken during the Workshop, to promote Xploring Light and its services, without release from the participants featured in such media, and without obligation to pay royalties for any such use.
While all the course content delivered during the Workshop are accurate and true to the best of Xploring Light’s knowledge, Xploring Light does not claim that the content discussed during the Workshop or that contained in the document shared after the event, is scientifically valid or able to stand the test of academic verification. Therefore, Xploring Light shall not be held liable for any consequences whatsoever arising out of the interpretation, use or propagation of the said information.
The document shared as course material at the end of the Workshop is meant merely as a reference resource for the topics discussed during the Workshop, and is not purported to be a comprehensive or authoritative work. Xploring Light shall not be held liable for any inadvertent errors, lapses or shortcomings in the said material, or the consequences arising thereof.
Any and all content shared by Xploring Light before, during and after the Workshop, including course material documents, is the sole intellectual property of Xploring Light and any unauthorized reproduction, duplication, transmission etc., is strictly prohibited.
CANCELLATION AND REFUNDS: In the event of a cancellation or modification of your confirmed booking, Xploring Light’s Cancellation and Refund Policy for Photography Workshops will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.
DELIVERY METHOD: The service is considered delivered upon the completion of the stipulated duration of the Workshop. Xploring Light shall not be held liable to extend or reschedule a Workshop for the participants’ inability to attend the event due to any reason whatsoever, under any circumstances, and this does not constitute a breach of or insufficiency in service.
GUIDED PHOTOGRAPHY TOURS TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
Light Chasers Photography Pvt. Ltd., (“Xploring Light”) arranges group tours, adventure travel, photography tours or trips, safaris and expeditions in India and abroad. You voluntarily desire to participate in a group tour, adventure trip, photography tour, safari or expedition arranged by Xploring Light. In consideration of Xploring Light’s agreement to allow you to participate, you agree as follows:
You understand that you are required to read carefully and sign the Release of Liability, Indemnification and Assumption of Risk Form (the “Release”) before Xploring Light can accept a deposit confirming your reservation. You understand that Xploring Light will assist or advise you with pertinent information regarding passports, visas, and domestic/international health requirements, but it is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other required documentation are obtained, current, and in order. Xploring Light recommends that at your own will, you obtain, at your cost, any type of travel or medical insurance, as you may deem necessary for your travel.
AWARENESS OF RISK: You are aware that group tours, adventure travel, photography tours/trips, safaris and expeditions, whether in civilized or remote areas, by plane, train, auto, boat, horseback, other conveyance, or on foot, involves inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by negligence, wild animals, forces of nature, civil unrest, terrorism and other causes known or unknown in remote areas without means of rapid evacuation. You also are aware that photography tours/trips, safaris and expeditions may be just as inherently dangerous, and may involve the same risks as safaris, trips and expeditions, in and outside wildlife preserves and parks. You recognize that such risks may be present at any time before, during, and after the trip. You also recognize that Xploring Light purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, Xploring Light cannot be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of such contractor or supplier. You are also aware that medical services or facilities may not be readily available during the time you are participating in this trip.
INDEMNIFICATION: You certify that you have read this entire document and fully understand its contents and the type of risks inherent in such trips, whether for group tour, adventure travel or photography trips/tours, safaris and expeditions. In consideration of, and as part payment for the right to participate in this trip, and the activities, services, and food arranged for you by Xploring Light, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you to INDEMNIFY, defend, and hold harmless Xploring Light, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.
RELEASE OF LIABILITY: In further consideration of, and as part payment for the right to participate in this trip, whether for group tour, adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for you by Xploring Light, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Xploring Light, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.
ASSUMPTION OF RISK: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with the group tour, adventure travel, photography tour/trip, safari or expedition, in which you are allowed to participate, including but not limited to those described herein, and pledge not to sue Releasees, on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.
REPRESENTATION OF GOOD HEALTH: You certify that you are in good health, have no medical, mental or physical conditions that affect your ability to travel and/or participate in the group tours, adventure travel, photography tours/trips and expeditions and have not been advised otherwise by a medical practitioner. You acknowledge that Xploring Light is in no way responsible for any costs related to your medical care during or after the travel.
ARBITRATION: Any controversy or claim arising out of, or relating to this Release or the performance thereunder, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by binding arbitration in the Faridabad, in accordance with the Arbitration Rules of the Government of India then existing. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in the foregoing paragraphs.
REFUNDS, LEVIES AND OTHER RIGHTS: Refunds or adjustments will be made or any additional charges may be levied if Xploring Light changes its program by adding, altering or deleting activities as deemed necessary by its directors in the best and safety interests of its participants. Xploring Light cannot accept responsibility for any personal item lost or damaged by fire or theft. Xploring Light may use any pictures or videos taken of the participants during the participating trip. This includes digital images which may be posted on our website for our promotional and marketing activities.
KNOWING AND VOLUNTARY EXECUTION: You acknowledge that you have carefully read this agreement, understand its contents, understand that this agreement includes an assumption of the risk of the released parties’ negligence and a release of their liability. You acknowledge that Light Chasers Photography Pvt. Ltd, is materially relying on this waiver and is allowing you to engage and participate in the said group tour, adventure travel, photography tour/trip, safari or expedition.
CANCELLATION AND REFUNDS: In the event of a cancellation or modification of your confirmed booking, Xploring Light’s Cancellation and Refund Policy for Photography Tours will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.
DELIVERY METHOD: This service is considered delivered once you, as the Tour participant, complete the scheduled duration of the Tour as per the set itinerary. No requests for extension, modification or substitution of itinerary will be entertained in the event of the participant’s failure to attend a part or whole of the Tour after registration, and you agree that this does not constitute a breach of or insufficiency in service.
CUSTOM TOURS TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
Light Chasers Photography Pvt. Ltd., (“Xploring Light”) arranges bespoke tours and vacations in India and abroad. You desire to avail of Xploring Light’s services in planning your customized vacation. In consideration of Xploring Light’s agreement to extend the service, you agree as follows:
You understand that you are required to read carefully and sign this Release of Liability, Indemnification and Assumption of Risk Form (the “Release”) before Xploring Light can accept a deposit confirming your reservation. You understand that Xploring Light will assist you regarding passports, visas, and domestic/international health requirements, but you agree that it is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other required documentation are obtained, current, and in order. Xploring Light recommends that at your own will, you obtain, at your cost, any type of travel or medical insurance as you may deem necessary for your travel.
AWARENESS OF RISK: You are aware that adventure travel, photography tours, safaris and expeditions, whether in civilized or remote areas, by plane, train, auto, boat, horseback, other conveyance, or on foot, involves inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by negligence, wild animals, forces of nature, civil unrest, terrorism and other causes known or unknown in remote areas without means of rapid evacuation. You also are aware that photography tours, safaris and expeditions may be just as inherently dangerous, and may involve the same risks as safaris, trips and expeditions, in or outside wildlife preserves and parks. You recognize that such risks may be present at any time before, during, and after the trip. You also recognize that Xploring Light purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, Xploring Light cannot be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of such contractor or supplier. You also are aware that medical services or facilities may not be readily available during the time you are participating in this trip.
INDEMNIFICATION: You certify that you have read this entire document and fully understand its contents and the type of risks inherent in such trips, adventure travel or photography trips/tours, safaris and expeditions. In consideration of, and as part payment for Xploring Light’s offer to arrange your vacation, and the activities, services, and food arranged for you by Xploring Light, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you, to INDEMNIFY, defend, and hold harmless Xploring Light, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.
RELEASE OF LIABILITY: In further consideration of, and as part payment for the Xploring Light’s offer to arrange your vacation, whether for adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for me by Xploring Light, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Xploring Light, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.
ASSUMPTION OF RISK: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with the group tour, adventure travel, photography tour/trip, safari or expedition, arranged for you by Xploring Light, including but not limited to those described herein, and pledge not to sue Releasees on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.
REPRESENTATION OF GOOD HEALTH: You certify that you are in good health, have no medical, mental or physical conditions that affect your ability to travel and/or participate in adventure travel, photography tours/trips and expeditions and have not been advised otherwise by a medical practitioner. You acknowledge that Xploring Light is in no way responsible for any costs related to your medical care during or after the travel.
ARBITRATION: Any controversy or claim arising out of, or relating to this Release or the performance thereunder, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by binding arbitration in the Bangalore, in accordance with the Arbitration Rules of the Government of India then existing. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in the foregoing paragraphs.
REFUNDS, LEVIES AND OTHER RIGHTS: Refunds or adjustments will be made or any additional charges may be levied if Xploring Light changes its program by adding, altering or deleting activities as deemed necessary by its directors in the best and safety interests of its participants. Xploring Light cannot accept responsibility for any personal item lost or damaged by fire or theft. Xploring Light may use any pictures or videos taken of the participants during the participating trip. This includes digital images which may be posted on our website for our promotional and marketing activities.
KNOWING AND VOLUNTARY EXECUTION: You acknowledge that you have carefully read this agreement, understand its contents, understand that this agreement includes an assumption of the risk of the released parties negligence and a release of their liability. You acknowledge that Light Chasers Photography Pvt. Ltd., is materially relying on this waiver and is allowing you to engage and participate in the said group tour, adventure travel, photography tour/trip, safari or expedition.
CANCELLATION AND REFUNDS: In the event of a cancellation or modification of your confirmed booking, Xploring Light’s Cancellation and Refund Policy for Custom Tours will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.
DELIVERY METHOD: This service is considered delivered upon your scheduled travel and completion of the planned itinerary as per the travel plan designed by Xploring Light. Xploring Light will not be responsible for any lapses in service or upset in schedule occurring due to your failure to adhere to the itinerary planned and approved by you before commencement of travel and you agree that this does not constitute a breach of or insufficiency in service.