1. INTRODUCTION AND ACCEPTANCE
1.1. Welcome to:
(the "Website", "Site" or "Hopping Monk"), a service made
available by United Spark Infotech Private Limited (the "Company"). By continuing to use
www.hoppingmonk.com, you are agreeing to comply with and be bound by the following "Terms and
this website and all applicable laws of land.
This Site is owned and operated by the Company (United Spark Infotech Private Limited). All rights, title and
interest in and to the materials provided on this Site (the "Materials") are owned either by the Company or by
our respective third party authors, developers or vendors (the "Third Party").
These Conditions must be read in conjunction with any other applicable terms and conditions including our
understanding and acceptance of these terms.
1.4. Travel Company:
As a Travel Company, you may represent the principal service provider of all Travel Related Services (henceforth known as the "Travel Company", "Travel Agent",
"Affiliate" or "Tour Operator").
2. YOUR RELATIONSHIP WITH US
2.1. How you use this site: Hopping Monk grants a limited, personal, non-Exclusive, non-transferable, revocable license to persons above 18 years of age to use this site lawfully for personal or business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way commercially exploit any of the parts or forms in any unintended manner. "Hopping Monk" may terminate this license at any time for any reason.
2.2. Registration Obligation:
Please note that the website, to facilitate its users and provide comprehensive access, provides sign-in facility through in-site registration as well as through third party platforms like face book, Google, etc. In the latter case, you confirm to abide by the third party regulations and requirements which are beyond the control of this website. However, some sections of this site can be browsed without any such registration requirement.
2.3. Member eligibility and Member Accounts:
Hopping Monk advocates fulfilment of certain eligibility criteria for all its members which are:
- As interaction through this platform will often lead to provision of supply of services and financial transaction, the membership is accordingly made available only to those individuals and entities that are legally capable of entering into binding contracts.
- The site allows you to create your own account for better user experience and confidentiality for your Trip Plans, Bookings, Quotations and profile information.
- In order for one to become a full member of the Website and enjoy all its features and services, registration to create a member's account (the "Account") is mandatory.
- All the members agree to provide true, complete and accurate information, and update such information to maintain its truth, completeness and accuracy.
- Any inaccurate, incomplete or misleading information can be a ground for termination of membership.
- Members are entrusted with safeguarding their own Member ID and password to access this Site. We may rely on any use of the Site with your Member ID and password as authorized by you.
- You agree to (a) immediately notify Hopping Monk of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. Hopping Monk cannot and will not be liable for any loss or damage arising from your failure to comply with this.
- If you are a Member that wishes to provide Travel Related Services through the Site, you must complete the Travel agent registration process. As a Travel Agent Member, you acknowledge and agree that your Account may be subject to verification as well as editorial and Feedback (as defined below).
2.4. Personal information: Hopping Monk makes an effort to maintain the integrity of the personal information given by our customers. Your personal
information is only used for servicing your request or for internal purposes, and neither your personal details nor your e-mail address will be given to any Travel Company other than
the one with which you decide to make booking.
2.5. User Obligations:
- Upon acceptance of a quotation proposal by sending a booking confirmation or upon expressly indicating the decision to purchase Travel Related Services(including but not limited to Trip Plans or Readymade Trips), whether such indication occurred within the Site or without, you agree to purchase the Travel Related Services if you are a Traveller, or provide the Travel Related Services if you are a Travel Company, in accordance with the terms agreed to by the parties, unless otherwise mutually agreed upon by the Traveller and Travel Company in writing.
- As a Traveller, you agree that you will only complete your Trip Plan purchase via the Hopping Monk booking and payment page, and you will report the Travel Company to Hopping Monk if the Travel Company suggests that you purchase any Travel Related Services without informing Hopping Monk or make payment directly to the Travel Company.
- As a Travel Company, you agree to use Hopping Monk's system to complete the transaction and send the booking vouchers to the Traveller for all Hopping Monk-originated business, whether first-time, repeat or follow-on.
- It will be Travel Agent's responsibility that, upon receiving necessary payments, the agent will make the necessary arrangements as committed in the quotation and keeps the customer informed about the booking, hotel vouchers, tickets and other necessary itinerary details. The agent shall honour all travel commitments made pursuant to his final quote made through our website.
- If the scope of the Services provided by the Travel Company increases beyond the initial scope of agreed business as on the date of first acceptance and the billing for the purchases are larger than initial reported, then you agree to report any such increase and the higher amount billed to our Billing Department by sending an e-mail notification to firstname.lastname@example.org with “Increased Travel Company Services Scope” as the subject line of the e-mail.
- Travellers are advised not to pay any extra money to Travel Company before, during or after the travel and if any such payment is asked for or do get made, you are required to bring it to the knowledge of Hopping Monk.
- Hopping Monk shall not be responsible for any payment made, services purchased or offered when done without availing our website services though our website; if done otherwise, any issue, complaint and risk that may arise due to such act shall solely be the user's responsibility.
3. COMMUNICATING WITH US
3.1. Users can communicate with us via e-mail as provided on the site. Information pertaining to Trip Plans, Bookings, Quotations and other personally identifiable details will be kept confidential and restricted to meet business ends.
3.2. "Hopping Monk" also sends automated service messages pertaining to promotions, service updates or confirmation regarding transactions for online bookings, applicable fees and due payments. While you cannot unsubscribe from all service messages, you may select not to receive future promotional and marketing mailers.
3.3. The "Hopping Monk" website may contain (currently or later) offline message service and itinerary share facility (through Facebook) to facilitate trip and related communication between its member's. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You agree not to abuse it or publish inappropriate or harmful content. "Hopping Monk" reserves the right to review materials posted from time to time, regulate or even block them. All posts by the users' will be moderated. Hopping Monk will not be liable for any legal issue or service quality issues arising due to content posted or communication made through offline message system.
4. ABOUT OUR SERVICES
4.1. Hopping Monk only provides communication, booking and transaction platform for safer transaction management and easy to use discussion board for convenience of Travellers and Travel Companies. Hopping Monk is not the principal provider of the Travel Related Services purchased through the Site.
4.2. Scope of Services:
Hopping Monk provides services ("Hopping Monk Services") that facilitate communication, bookings and transactions between:
- Members who are travellers (each, a "Traveller") and are eligible and interested to post information about trip plan and travel preferences; and in order to engage a travel agent for their services.
Members who are travel agents and tour operator (each, a "Travel Company") who offer Travel Related Services to Travellers.
Travel Related Services are defined as services offered by Travel Company to Traveller on Hopping Monk Site, including but not limited to flights, hotel booking and ground transportations and trip quotations submitted by Travel Company offered in response to a Traveller's Trip Request, (each, a "Trip Plan") for Customized or Readymade trip offerings (each, a "Readymade Trip").
4.3. The Site will facilitate:
- Traveller's ability to define and source Travel Related Services by posting a Trip Request in Trip Plans and make Bookings with the selected Travel Company;
- Traveller's ability to learn about and buy Travel Related Services; and
- Travel Companies' ability to offer bid on Trip Requests, provide quotations, communication and follow up, and provide Travel Related Services directly to Travellers and currently including, but not limited to services further described in the Hopping Monk Policies; and
- Delivery of payment information for traveller.
4.4 In providing the Travel Services, Hopping Monk is not the principal service provider of Travel Related Services. Hopping Monk will only provide the online platform for Travellers and Travel Companies to find and contract with each other for Travel Related Services according to the Hopping Monk Policies. When a Travel Company submits a Trip quotation to a Traveller, in addition to specifying the costs associated to it along with other necessary information, a Trip quotation shall include the contract terms that Travel agent requires, such as, but not limited to, payment methods, payment terms, and cancellation policy.
5. CONTRACTS BETWEEN TRAVEL COMPANIES AND TRAVELERS
5.1. By registering as a Member, you acknowledge and agree that you contract directly with other Members of the Site to buy or sell Travel Related Services. Upon acceptance of a bid or submitting a final quote to provide Travel Related Services, Travel Company agrees to provide the Travel Related Services according to the terms of the final bid, the final quote, the final agreement, or other terms agreed to by Travel Agent Company and Traveller. Hopping Monk is not a party to any contract for any purchase and sale of Travel Related Services on the Site, including, without limitation, for any Trip Plans and Readymade Trip PackagesCustomized and Readymade trip plans. All rights and obligations for the purchase and sale of any Travel Related Services are solely between Travel Agent Company and Travellers. Each Member is solely responsible for the enforcement and performance of its rights and obligations for the purchase and sale of Travel Related Services, including, without limitation, Trip Plans and Readymade Trips.
The person making the booking shall be deemed to have accepted the booking conditions on behalf of all the persons named in the final quote and booking.
5.2. Hopping Monk is not involved in the contracting between Travel Agents and Travellers, or in the Travel Companies' delivery of services to Travellers. Hopping Monk has no control over and does not guarantee the quality, safety or legality of Travel Related Services advertised or provided on and/or through the Site, the truth or accuracy of listings, the qualifications, background, or abilities of Members, the ability of Travel Companies to deliver Services, the ability of Travellers to pay for Services, or that a Travel Company or Traveler will actually complete a transaction. Travel Company and Traveler must look solely to the other for enforcement and performance of all the rights and obligations pursuant to the transactions it entered into with the other on the Site, and any other terms, conditions, representations, or warranties associated with such dealings.
5.3. How it works: Please refer the website or FAQ subject to subsequent updating.
5.4. Prices: Prices for various products and services are prominently displayed on this website and are inclusive of applicable taxes. The final amount of the Trip Plans and Bookings will be displayed in the payment page and you will be charged this final all – inclusive amount in Indian Rupees. However, in future, there may be an option for customer to see tentative price in other currencies as well.
5.5. Payment options:
The payment options we support are:- Online Banking- Debit Card/ Credit Card/ Net Banking
- Online payments are processed through Payseal which provides secure encrypted connections for all credit cards, debit card and net banking transactions With Payseal Facility , payments for items on the Website can be made through the electronic mode.
In case of successful payment, you will receive an email confirmation from us. In case of payment failure, please retry ensuring:
- Information passed on to payment gateway is accurate, i.e. account details, billing address, password (in case of net banking); and
- Your internet connection is not disrupted in the process
- If your account has been debited after a payment failure, it will be rolled back after confirmation from the bank. It will take about 7-10 business days for the refund. You can get in touch with us by sending an email to email@example.com for any clarifications.
6. POLICIES: COMPLAINTS, CANCELLATIONS, REFUNDS
Complaints & Disputes:
In case of any complaints relating to any malfunctioning of the website, Hopping Monk's services and travel company services product or purchase, the same should be
brought to our notice by e-mail. All such e-mails must be sent to firstname.lastname@example.org.
Cancellation of Trip Plans and Bookings:
All Trip Plans and Bookings will be considered confirmed and in process unless cancelled within 24 hours from the order being placed online. Any booking cancellation request
after 24 hours will directly be handled by the respective Travel Company according to their booking and cancellation policy. The Trip Plans and
Bookings may be cancelled by the agents or travellers at their own discretion. Hopping Monk does not play any role in the decision of cancelation of any booked trip.
If cancelled, charges (the "Cancellation Charges") may apply as per the Hopping Monk Cancellation charges as well as Third Party Cancellation Policy (Payment gateway)
which will be updated from time to time on the site as found under the FAQ section. The appropriate amount will be credited back to the customer's account used for making the booking.
Refund policy will be shared by the respective agents before the bookings. It may differ from agents to agents. Customer will have option to review
them before making a booking. Since Hopping Monk only acts as transaction and booking facilitator between the Travel Company and the customer and not the
principal service provider, their booking and cancellation, terms and conditions will prevail over Hopping Monk's terms and conditions in cases of conflict.
Our refund policy is subject to laid down procedures and may change with time. Please read the other policies below for better understanding or write to
us for clarification at email@example.com.
The amount refundable will be limited to the maximum of actual purchase price after deducting any applicable service charges and processing fees.
Delivery will be made solely through e-vouchers and e-tickets through email used for making a purchase directly by concerned affiliate. The delivery time
will be communicated by the agents itself. Customer can communicate directly with the agents through email or phone provide by the Hopping Monk. Hopping Monk
will not be responsible for any delay and does not take any liability for the timely delivery of vouchers and payments but would try to process in consistent
and timely manner. We can act on your grievance based on case to case basis.
7. RELATION WITH THIRD PARTY
7.1. Links to third party sites / Third party services:
The "Hopping Monk" website currently links to a third party site for the purpose of processing your Trip Plans and Bookings. Moreover, all packages and ticketing
services are provided by our affiliates and channel partners. It may contain links to other websites ("Linked Sites") now or in future. "Hopping Monk" is not
responsible for the contents of any linked site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
"Hopping Monk" is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by "Hopping Monk" of the site
or any association with its operators.
7.2. Review & comments:
We encourage our clients and users to offer their frank reviews and comments on the quality and experience they had with regard to any "Hopping Monk" product.
These reviews are independent and personal views of the person(s) making them and "Hopping Monk" shall not be responsible for any adverse effect including legal
or punitive damages arising out of such remarks or reviews. However, "Hopping Monk" will monitor, moderate and control such user interaction.
You acknowledge that you are responsible for the information and material that you submit, including without limitation, any Trip Requests, Trip Plans, feedback,
comments, blogs, postings and photos (each, a "Submission") through posting areas, emails or other services available in connection with this Site, and that you,
and not Hopping Monk, will have full responsibility for each such Submission, including its legality, reliability, form, content and accuracy. Unless otherwise
is provided on a non-proprietary and non-confidential basis. You agree that Hopping Monk shall be free to use or disseminate a Submission which is posted in public
posting areas on an unrestricted basis for any purpose. If you submit information to the Site, you grant Hopping Monk a non-exclusive, worldwide, royalty-free
license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission.
applicable to personally identifiable information. You further agree that you will not upload, post or otherwise make available on the Site any material protected
by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and
the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement
of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission. You represent and warrant that:
- you have the right to grant the license set forth in this section, and
- the posting of your Submissions on or through the Site do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights
or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by
you to or through the Site.
7.4. Coupons & offers: Hopping Monk may provide promotional benefits such as:
- Redeem Coupons/ Codes
- Referral service
The offers currently available have been prominently displayed on the homepage and other sections of this site along with the end date.
These offers are at the total discretion of the site which may discontinue them without any notice.
7.5. Hopping Monk does not confirm or verify whether a Travel Company claiming to be a professional or claiming to be qualified to provide
professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested. Hopping Monk provides the
Third Party Content as a convenience and does not confirm or verify such Third Party Content.
8.1. TRADEMARKS, COPYRIGHT AND INTELLECTUAL PROPERTY:
The site contains "Hopping Monk" trade and service marks and devices (including the word "Hopping Monk" & the "Hopping Monk" Logo) and
other valuable trade or service marks owned by Hopping Monk Private Limited under national and international laws and may not be reproduced
or copied without the express prior written consent. You agree that the Content and Web site is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and law.
"Hopping Monk" is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to
this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other
use of the site. In short, your use of the site is at your own risk.
You will hold "Hopping Monk" and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental,
or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial
or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortuous action,
or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from
this agreement and any violation by us of any central, state, or local laws, statutes, rules, or regulations, even if "Hopping Monk" has been
previously advised of the possibility of such damage. if there is liability found on the part of "Hopping Monk", it will be limited to the amount
paid for the products and/or services.
8.3. Dispute Resolution:
If any dispute arises between you and "Hopping Monk" during your use of the Website or Payseal (Payment facility of "Hopping Monk") or thereafter,
in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, Payseal User Agreement and
its Seller Terms and Conditions or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an
independent and neutral third party identified by "Hopping Monk". The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996,
shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
8.4. Limitation of Liability:
In no event shall "Hopping Monk" be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but
not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and payment
gateway, its services or this agreement (however arising, including negligence). "Hopping Monk"s liability in any circumstance is limited to the amount
or charges, if any, paid by you to "Hopping Monk".
8.5. Errors and Corrections:
The information, software, products, and services included in or available through the "Hopping Monk" website may include inaccuracies or typographical errors.
"Hopping Monk" and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information,
products and services contained on the "Hopping Monk" website for any purpose nor does it incur any liability for the same.
8.6. Disclaimer Of Warranties:
You expressly understand and agree that your use of the website is at your sole discretion and responsibility. The services of the website are being provided
to you on an "as is" and "as available" basis. "Hopping Monk", its affiliates, officers, employees, agents, partners and licensors expressly disclaim all
warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose
8.8. Events Outside Our Control:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events
outside our reasonable control (Force Majeure events) including:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
8.9. Dispute settlement:
Redressal of any grievances and any dispute between parties will be settled among them by the way of amicable settlement. If not then by the way of appointment of
sole arbitrator to be appointed by mutual consent of Parties as per Arbitration of Conciliation Act, 1996 or by case before the appropriate form.
8.10. Governing Law and Jurisdiction:
8.11. Severability of Provisions:
shall not affect their validity and enforceability.
your consent to such changes.