Terms of Use
INTRODUCTION
These terms form a legally binding agreement (“Agreement”) between the User (“User(s)”, “you”, “your”, “yourself”) and the Contracting Entity listed and described in Appendix A and/or its subsidiaries and affiliates (“we”, “us”, “our”, “ourselves”, “Wyldistan”, “Platform”). These terms shall govern the use of mobile applications and/or websites including any subdomains thereof (collectively referred to as “Wyldistan” or “Platform”) which enables the User to access and use the Platform.
If you are a User who is a “Member” on our Platform, seeking to browse and inquire about the products/services listed on our Platform (“Listings”) through the Wyldistan Platform, your access and use of our Platform shall solely be governed by these Terms of Use. If you are a User who may become a “Lister”, seeking to list eco-tourism and related products/services on our Platform as a directory Listing, or an associated User who is a “Team Member” of the Lister seeking to manage the Lister’s Listings on our Platform, you acknowledge that these Terms of Use shall be applicable to you only to the extent that it shall be relevant to your use of our Platform, and by agreeing to these Terms of Use, you shall be bound by these terms only to the extent that such terms do not violate the Terms of Listing agreed between the Lister and the Contracting Entity. In the event of any conflict between Terms of Use and Terms of Listing, the terms contained in the Terms of Listing shall prevail.
Please read these terms carefully before accepting these Terms of Use, accessing and/or using our Platform, and browsing any Listing on the Wyldistan Platform. If you do not agree with these Terms of Use you may refrain from using the Wyldistan Platform. These conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Wyldistan Platform including Our Values and Guidelines, Content Standards and Guidelines, Nature and Wildlife Welfare Guidelines, Privacy Policy, Cookie Policy, Cancellation and Refund Policy and other Platform Standards, Guidelines and Policies applicable to your use of our Platform incorporated by reference herein.
You are expected to acknowledge explicitly that you have read and fully understood these Terms and any other terms that you are provided during the sign-up process before accessing and using the Wyldistan Platform. In case any of the terms contained herein are declared unlawful by any authority, it shall not impact/render the other terms of this Agreement as void. By agreeing to our Terms, you’re agreeing to everything in this document, and any other documents referenced explicitly in the Terms and you represent and warrant that you have the full legal capacity and authority to agree and bind yourself to these Terms. If you don’t accept any of these Terms, please do not use our Platform.
These Terms are laid out as follows:
Section A: Our Platform and General Terms of Use
A1. Using the Platform
A2. Account Registration and Use
A3. Term & Termination
A4. Terms specifically applicable to Member
a. Browsing or Accessing Listings
b. Payment and Platform Fee
c. Responsibility, Cancellation and Refunds
d. Entire Agreement
A5. Discount Offers and Vouchers
A6. No Unlawful or Prohibited Use
A7. Communications
A8. Third Party Links
A9. Intellectual Property
A10. Policies
A11. Indemnification
A12. No Warranty
A13. Limitation of Liability
A14. Refund Claim Period
A15. Accessibility Requests
A16. Modification of these Terms
A17. General Provisions
a. Force Majeure
b. Governing Law and Jurisdiction
c. No Waiver
d. Severability
e. Communication and Notice
f. Feedback From Member
We reserve the right to modify these Terms of Use and our Standards, Policies and Guidelines at any time at our sole discretion, and any changes will be effective upon posting on our Platform. It will be your responsibility to review them periodically and keep yourself updated with the Terms of Use and other Platform Standards, Guidelines and Policies applicable to your use from time to time as a responsible User on the Wyldistan Platform. If you don’t accept any of these Terms, please do not use our Platform. Your continued usage of the Wyldistan Platform and browsing and accessing the Listings on our Platform would be deemed to be your acceptance of these terms and the modifications thereto.
A. OUR PLATFORM AND GENERAL TERMS OF USE
Wyldistan provides a platform where Members may browse and access details of eco-tourism and related products/services (“Listings”). Wyldistan merely provides an online directory for Users, wherein we provide to our Users “Facilitation Services”, which includes the ability for Members to access and use our Platform and to discover, browse, compare and access details for various Listings. Such products/services described in Listings are directly owned and managed by the third-party individuals/entities who are solely responsible for the experience and merchantability of the service/product included in the Listing and the fulfilment of the terms of any transaction for availing the products/services described in the Listing outside of the Wyldistan platform, to which Wyldistan or its Contracting Entity is not a party.
Listings may be broadly divided into four categories, which may include but shall not be limited to:
● “Accommodation” - Lodging, Accommodation and Stay Services (e.g. rooms, tents, etc.)
● “Activity” - Eco-tourism activity which may or may not include a guide (e.g. Wildlife Safaris, Birding, Herping, Hiking, etc.)
● “Package” - Any combination of Activit(ies), Accommodation(s) and/or other products/services (e.g. Wildlife Safari with Driver, Naturalist and Accommodation; Birding and Hiking, etc.)
● “Product” - Eco-tourism related merchandise and miscellaneous products related to wildlife conservation and sustainability oriented initiatives (e.g. wildlife themed accessories, clay sculptures, etc.)
When you browse/access a Listing, Wyldistan provides and is responsible for the Facilitation Services, but not the experience or merchantability of the Listing itself.
We work with various third-party vendors that provide local support services (e.g. User support, account management) to facilitate the directory entry of certain Listings and in such cases, they do not:
● control or manage our Platform,
● represent us, or enter into contracts or accept legal documents for or on behalf of the Contracting Entity or Wyldistan,
● operate as our ‘process or service agents’, or
● have any legal or contractual relationship with you.
A1. USING THE PLATFORM
1. Wyldistan Platform is the property of the Contracting Entity, and by accessing our Platform, you represent and warrant to us that your access to and use of our Platform is intended only for personal, non-commercial use in accordance with these Terms. You understand that the Users of our Platform should be at least 18 years of age or older (or such other age at which majority is reached in your country or territory, whichever is higher) and have the full legal capacity to enter into contracts. This age limitation also applies to other uses of our Platform, such as browsing the Platform for informational purposes. Wyldistan reserves the right to suspend a User’s access to the Platform and terminate any Facilitation Service without refund or prior notice if Wyldistan discovers that User is below the eligible age or otherwise lacks full legal capacity.
2. You will not use the Platform for any purpose that is unlawful or prohibited by these Terms, or for any other purpose not reasonably intended by us. By way of example, and not as a limitation, you agree not to use our Platform and/or its content to:
a. resell information/details of any products or services listed on or accessed via our Platform or for any commercial purpose unless expressly authorised in writing by us;
b. make false, fraudulent or speculative claims about Listings on our Platform;
c. pass off or attempt to pass off our Platform as the product of anyone other than Wyldistan and/or Contracting Entity, including by removing, altering or replacing any notices of authorship, trademarks, business names, logos or other designations of origin;
d. use manual or automated software or processes to monitor, copy, extract, export or otherwise scrape any material displayed on our Platform, including text, graphics, photographs, images, illustrations, audio, video, data, ratings, reviews and other information (“Content”); such manual or automated software or processes include data-mining, scraping, spidering, indexing, storing or re-hosting the Content outside our Platform;
e. disassemble, reverse engineer, decompile or modify any software or application contained in or available on our Platform in whole or in part, or otherwise attempt to obtain or access the source code of our Platform;
f. interfere with or disrupt our Platform, or servers or networks connected to our Platform;
g. violate the security of any network, including cracking passwords or encryption codes, transferring or storing any illegal material, or otherwise obtaining the password, account or private information from any other User of our Platform;
h. obtain or attempt to obtain unauthorised access, via whatever means, to any of our systems;
i. ‘frame’, ‘mirror’ or otherwise incorporate any part of the Platform into any other website or deep-link to any portion of the Platform (including, without limitation, purchase paths) for any purpose without our express prior written permission;
j. post or transmit, or cause to be posted or transmitted: (a) any material that is libellous, defamatory, obscene, pornographic, abusive, offensive, fraudulent, misleading, harassing or profane; (b) malicious content including malware, Trojan horses, or viruses, or which otherwise interferes with any User’s access to our Platform; and (c) unsolicited mass mailings or other forms of spam, including junk mail or chain letters;
k. manipulate identifiers, including but not limited to forging headers, in order to disguise the origin of any posting that you deliver;
l. do anything else which could cause damage to the Platform, Wyldistan, the Contracting Entity, or would otherwise have a negative impact on the Platform, Wyldistan, the Contracting Entity; and
m. infringe any applicable law, statute, ordinance or regulation and any rights of us and/or any third party, including intellectual property rights or proprietary rights.
If, based on your user pattern, we suspect that you have performed any of the prohibited activities under these Terms, we have the right to suspend your user account or deny your rights as and where applicable.
3. Our Platform is not a recommendation or endorsement of any Lister/third-party individual/entity or their products/services, and it is merely a convenient Platform for the facilitation of these Listings for ease of access by the Member. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, safety, status, features, or adequacy of any Lister or their Listings i.e. their products/services listed on our Platform. You acknowledge and accept that you are engaging in details of Listings of products/services provided directly by third-parties outside of our Platform of your own volition and risk and are liable to request the terms of the Lister directly before participating in any non-Platform transaction having been informed of any such risks. Further, you acknowledge and confirm that the Lister is solely responsible for the Listing and we are not a party to the terms between you and the Lister. We may from time to time offer certain programs under which Listers may improve their Listings’ visibility on our Platform, including but not limited to through sponsored Listings. Such sponsored Listings will be marked or contain wording for clarity.
4. In our attempt to improve and enhance our Platform and the user experience, we are always working on the features of our Platform and in certain cases, you may experience different designs, phrasings, products, features, etc. It may so happen that you may not be able to access certain services/features/conditions when you visit our Platform. As a Platform, we receive information from Listers about various Listings as well as content provided by other Users and although we take reasonable care and act with professional diligence, we cannot guarantee that all the Content provided on our Platform is authentic, accurate or complete and we cannot be held liable for any errors, interruptions, or missing bits of information. In case we are made aware about any errors, we will take reasonable measures to correct/fix them. All Content accessed by you using our Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstance shall our Platform be liable in any way for any loss or damage of any kind incurred in connection with the use of or exposure to any Content accessed on our Platform, including but not limited to any errors or omissions, or any additions, removals, or modifications that we make on our Platform.
5. The information, materials, and Listings available on the Wyldistan Platform may inadvertently include inaccuracies, typographical errors, or outdated information, Wyldistan is not responsible for and shall not be bound to honour typographical or pricing errors on the Wyldistan Platform. The prices/price ranges displayed on our Platform are for representative purposes only and they are intended solely to provide Members relevant information about directory Listings, and by agreed with these Terms of User, Users acknowledge that they understand that such prices/price ranges do not constitute an offer, and for more information Users may contact Listers directly. Displayed prices/price range for any Listing is dynamic and can change during or after Member’s search and Wyldistan reserves the right to change/update such details at any time, including but not limited to the Listing details that contain incorrect prices/price range or descriptions, Listings and related inquiries in which Wyldistan believes the User has violated applicable laws or these terms, that Wyldistan believes are harmful to Wyldistan or that Wyldistan believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Wyldistan neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Wyldistan, in relation to its Platform, 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. All information about Listings on our Platform, including but not limited to any ratings, rankings and reviews, is provided to us by the corresponding Lister(s) of such Listings, or their respective representatives including their employees, agents, contractors, and partners, or other publicly available information.
6. Wyldistan shall not be responsible for (i) any delay in accessing the Wyldistan Platform due to technical issues, maintenance, or other factors beyond our control, (ii) any inability to utilise unrelated functionalities that are not directly related to the core services offered by Wyldistan, (iii) any failure to provide or delays in providing services, information, software, functionalities, or related graphics that may arise from third-party integrations or external Listers, (iv) any delays or issues resulting from actions taken by users, including but not limited to incorrect input, failure to comply with system requirements, or other user-related factors, (v) any delays caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, labour disputes, or any other unforeseen circumstances. Further, Wyldistan shall not be held responsible for non-availability of the Wyldistan Platform during periodic maintenance operations or any unplanned suspension of access to our Platform that may occur due to technical reasons or for any reason beyond Wyldistan’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Wyldistan Platform is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. Wyldistan accepts no liability for any errors or omissions, with respect to any information provided to you.
7. Wyldistan may make access to and use of the Wyldistan Platform, or certain areas or features of the Wyldistan Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, or a User’s Platform access history.
8. Due to the nature of the Internet, Wyldistan cannot guarantee the continuous and uninterrupted availability and accessibility of the Wyldistan Platform. Wyldistan may restrict the availability of the Wyldistan Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Wyldistan Platform. Wyldistan may improve, enhance and modify the Wyldistan Platform and introduce new Wyldistan Services from time to time.
9. To the extent that our Platform allows you to post, upload, transmit or otherwise make available any Content, including but not limited to your review of any service (“User Content”), you agree that:
a. you are solely responsible and liable for the User Content that you upload and you represent and agree that you will not share anything that is false, misleading, discriminatory or that would violate or infringe any rights of any other User, Wyldistan, third-party including but not limited to Lister(s), including the privacy or intellectual property rights or proprietary rights;
b. all User Content that you upload is not confidential or proprietary and will comply with our relevant review guidelines, including our Content Standards and Guidelines;
c. your User Content should not include personal information; if it does, it can only be used for the purposes herein and in accordance with our Privacy Policy;
d. although all intellectual property rights subsisting in any User Content will be owned by you, you hereby grant us, the Contracting Entity and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferrable and sub-licensable right to host, use, reproduce both electronically or otherwise, publicly display, distribute, modify, adapt, publish, translate and create derivative works from any and all such User Content with or without attribution to you, including without limitation for the purposes of advertising and marketing our Platform, and you also agree so far as legally possible to waive absolutely your moral rights and any broadly equivalent rights you may have in such User Content in any territory of the world;
e. we have your consent to take action against individuals and entities who breach our or your rights in relation to the User Content;
f. User Content does not constitute our endorsement of or affiliation with you; and
g. we are under no obligation to host, store, retain, publish, share or otherwise make available any User Content uploaded by you and that you will be responsible for creating backups of any User Content if necessary.
For the avoidance of doubt, we reserve the right, in our sole discretion, to remove User Content, in accordance with our review guidelines and/or Content Standards and Guidelines which, in our opinion, is in violation of these Terms or any applicable law or may cause harm to us, other Users or third-parties. We will notify you of the reason(s) for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for us, the Listers on our Platform or third-party vendors; (b) would compromise an investigation or the integrity or operation of the Platform; or (c) would cause harm to any User, Member, Lister or other third-party, us or our third-party vendors.
10. Wyldistan may enable features that allow you to authorise other Users or certain third-parties to take certain actions that affect your Wyldistan Account. For example, we may enable Users to link their Wyldistan Accounts to businesses and take actions for those businesses; we may enable eligible Users or certain third-parties to inquire about Listings on behalf of other Users. These features do not require that you share your credentials with any other person. No third-party is authorised by Wyldistan to ask for your credentials, and you shall not request the credentials of another User.
A2. ACCOUNT REGISTRATION AND USE
We reserve the right to make the Platform open to enable unregistered Users browse Listings, however, if you wish to access restricted details and/or inquire about such Listings, you are required to be registered on our Platform. By accessing and/or registering on our Platform, you agree to the terms of our Privacy Policy and such other terms and conditions that may be applicable to you.
You can register on our Platform by providing certain required User information, either through a Wyldistan ID and password or other login ID and password (collectively, the “Account Information”). By doing so, you will be eligible to browse/access Listings on the Platform.
You will solely be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under and/or through your Account. You agree to (a) immediately notify Wyldistan of any unauthorised use of your 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.
Wyldistan cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. If you discontinue your email address and/or change/surrender your mobile number or change your telecom service provider, you will be responsible for modification of Account Information and/or linking an alternate email address / mobile number. You may be held liable for losses incurred by Wyldistan or any other Member or visitor to the Wyldistan Platform due to authorised or unauthorised use of your Account as a result of your failure in keeping its Account Information secure and confidential.
We also reserve the right to suspend, bar or block Users from and/or to partially or fully restrict their access to, whether or not with a Wyldistan Account, our Platform on a permanent or temporary basis, at our sole discretion. If you are blocked and/or your use of our Platform is suspended, you agree not to attempt to use our Platform under any other name or through any other User.
At the time of registration, you shall ensure that the Account Information provided by you in the Wyldistan Platform registration form is complete and accurate, and subsequently kept up-to-date. Use of another User’s account information is expressly prohibited.
A3. TERM AND TERMINATION
In case you wish to discontinue your usage of our Platform, you can do so at any point by opting out of your membership of (or registration with) our Platform. Wyldistan reserves the right to unilaterally terminate and/or suspend your use of the Platform without notice or any liability for reasons of breach of the terms mentioned herein.
Wyldistan reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Platform and/or any part thereof. If our Platform is terminated, you will still be bound by your surviving obligations under these Terms, including but not limited to the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we shall not be liable to you or any third-party for any termination of your access to our Platform.
A4. TERMS SPECIFICALLY APPLICABLE TO MEMBER
Users availing Facilitation Services and browsing/accessing third-party Listings via the Wyldistan Platform (“Members”) shall be governed by the following terms and conditions.
Browsing or Accessing Listings
To browse or access any Listings, you are required to have a User account on our Platform. You are solely responsible for the Account Information and you are required to update the same as and when deemed necessary to access our Platform and/or Listings effortlessly and efficiently.
To access information of products/services listed on our Platform, you are required to disclose your personal and confidential information from a secure computer to the possibility of any unauthorised access to or leak of your personal and confidential information. The Member shall be solely responsible, and Wyldistan disclaims any liability, for any unauthorised access of the Member’s information due to use/access of the Wyldistan Platform from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.
When inquiring about a product/service listed our Platform, the Member may directly contact the third-party individual/entity listed on Listing page. Our Platform only acts as a facilitator of such directory Listing to be made available for browsing and inquiry; the User agrees, acknowledges, and confirms that the Member shall review the description, details, etc. of the Listings on the Platform carefully and should the Member contact the third-party Lister directly for more information, the User acknowledges that they understand they would be exiting the Wyldistan platform at their own risk. We do not provide, own or control any of the Listings that Users can browse and access for information through our Platform, and we have no obligation to provide or operate the products/services described in the Listings. The Listings are owned, controlled or made available by the Listers either directly or as an agent. The third-party Lister is solely responsible for the products/services included in their respective Listings. Your interaction with any Lister(s) / third-party owners/providers of Listings through our Platform is at your own risk and any transaction that you may choose to enter into with the third-party are outside of the Wyldistan platform and at your own risk, and you understand that Wyldistan or the Contracting Entity are not a party to any such non-platform activity or transactions and we do not bear any responsibility should anything go wrong during your interaction, travel or transaction with any third-parties.
When you submit an inquiry about a Listing through our Platform, you are subject to these Terms. Additional details for the Listings may be provided by the Lister to you and the terms and conditions applicable to that Listing shall be between you and the Lister and shall be a separate binding contract pursuant to such Terms between you and the relevant Lister. Once inquiry request is accepted by such Lister, they may contact you directly, communicate their response to your inquiry via the Platform should such feature be available, or any third-party communication applications not over which Wyldistan or its Contracting Entity do not have any control. You may also receive communication either from our Platform or directly from the relevant Lister in relation to your inquiry of Listing, documents required for the products/services therein, any additional requirements (e.g. educational materials, health and safety information, waivers, certificates/no-objection, safety protocols and guidelines, etc.). You acknowledge that any communication from the Wyldistan platform to provide information about a Listing in response to your inquiry does not constitute an offer of sale nor does it indicate any confirmation of any transaction through our Platform, and that it only indicates that the Listing’s details as been received by Wyldistan by the Lister has been relayed to you the Member upon your inquiry request without any direct involvement in the sale or operation of such third-party products/services.
The relevant Lister may choose to provide details of their own terms and conditions, rules and restrictions that may be relevant for the products/services in their Listing (each a “Lister’s Terms”) that may be applicable to such third-party Listers’ direct Customers who may choose to avail their products/services through bookings/purchases/transactions outside of the Wyldistan platform. You acknowledge that you understand that any such Lister’s Terms does not have any bearing on the Terms and Conditions that govern your use of the Our Platform, and that such third-party Lister’s Terms are not endorsed by Wyldistan or its Contracting Entity. In some cases, you will be provided with details of the relevant Lister, the Lister’s Terms or a link to the Lister’s Terms during your Listing related inquiry’s support. It may be possible that the Lister’s Terms applicable for each Listing vary and you should ensure that you fully understand that the applicable third-party Lister’s Terms are not equivalent to the Terms and Conditions that govern your usage of the Wyldistan platform. If you are making inquiries on behalf of other persons, it shall be deemed that you have the required consent to provide such information. For enquiries about the Lister’s Listings or its Terms, please contact the Lister directly.
Wyldistan provides its Members the ability to browse and access Listing details as a directory listing third-party entries and as such Wyldistan and its Contracting Entity have the right to refrain from responding to any inquiry request for any Listing, and cancel any Listing, including as directed by the Lister, or any part thereof, without reason.
Wyldistan has agreed to provide the Facilitation Services to the Member for making browsing / accessing Listings provided by third-party Lister(s) as per the terms mentioned herein relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with the Terms of Use, wherein the Member agrees, confirms, undertakes, represents and warrants to Wyldistan the following including but not limited to:
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) sharing relevant information with the Platform;
2) in the event of any suspicious or fraudulent activity being detected from User’s account, Wyldistan reserves the right to cancel all pending and future Facilitation Services owing to any such incident without any liability towards the User;
3) by accessing the Listings on our Platform as a Member, you deem that you are fully aware that the description of the products/services included in the Listings displayed on the Platform may vary and it has been expressly informed to you that Wyldistan or its Contracting Entity do have control over the accuracy or validity of such descriptions;
5) The User agrees and acknowledges that all Listings on our Platform are listed only at the sole discretion of Wyldistan and Wyldistan may remove Listings without any notice.
Payment and Platform Fee
To facilitate seamless access and ensure efficient experience of our Platform, Wyldistan reserved the right to charge its Users a nominal fee (“Platform Fee”) and such Platform Fee may include any other charges, taxes and/or cess and levies that may be applicable, which may be rounded to the nearest whole number. The charge for taxes and cess and levies varies based on various factors including, without limitation the location and type of the User(s) and/or Members(s) and/or Listing(s). The Platform Fee is non-refundable, except where expressly required by law.
Wyldistan’s Contracting Entity reserves the right to charge Platform Fee to its Users for accessing some or all parts of its Platform including some or all of the Listings on Our Platform or for any Facilitation Services, and reserves the right to cancel such paid access or subscription at any time, without reason. If a Member has already made payment towards such subscription or limited access, we shall refund you the amount(s) paid in respect of such rejected or cancelled parts in accordance with our Cancellation and Refund Policy unless:
● You have breached any of these Terms or any applicable law; or
● Wyldistan determines in its sole discretion that you are not entitled to a refund due to reasons including but not limited to suspected fraud or abuse.
As a Member, you hereby agree, confirm, and understand that you do not have to make any payment towards any Listings as the products/services including in the Listings are not available for sale on the Wyldistan Platform. As a User, you hereby agree, confirm, and understand that you agree to pay Platform Fee for any Facilitation Services when agreeing with Our Platform’s Terms of Use via the third-party Payment Gateway and shall at all times strictly comply with the procedure and the terms of the Payment Gateway while using our Platform.
Our Platform enables Users across the globe and due to our international user base and the global nature of our Listings, we have engaged with a third-party Payment Gateway which allows you to pay for Facilitation Services using the payment instrument of your choice. The currency in which you pay at the Payment Gateway would likely be that of the country of issuance of the payment instrument you provide, and as such may vary from the currency displayed on our Platform. For example, when accessing payment details on our Platform, the price displayed for the Listing may be in Indian Rupees. When you navigate from our Platform to the external Payment Gateway to pay for the selected Listing, you may see the final payment amount shown in the currency of your payment instrument (“Charge Currency”) which may include foreign exchange conversion and any charges levied by financial institutions (e.g. surcharge).
Our Platform may make certain options available to you to choose the currency displayed to you on the Platform (“Display Currency”) for specific Facilitation Services. In such cases, your default Display Currency would be based on your IP address. You may have the option to select your preferred Display Currency by clicking the currency code (e.g. INR, USD, AUD, etc.) on the Platform. When browsing Facilitation Services on our Platform, the cost displayed on the Platform (“Display Price”) is generally exclusive of taxes and service fees unless otherwise expressly stated. Please ensure you understand the charges and the Payment Gateway’s Terms and Conditions before making your payment. If your payment method is denominated in a currency by default that is different to the payment currency, your bank or payment method provider (or their payment services providers) may charge you additional fees. For example, this could happen if your credit card is in Euros but the Platform is charging you in Indian Rupees.
A crossed-out price indicates the price of a like-for-like Facilitation Service without the price reduction applied (‘like-for-like’ means same duration, same policies, same quality of service, etc.). The User agrees that any obvious errors and/or misprints on our Platform are not binding and any transaction made based on such errors/misprints may be cancelled and Wyldistan will not be liable to effectuate any such transaction. For example: if you select a premium Facilitation Service that was mistakenly offered at Rs.1, your transaction may be cancelled and we will refund anything you have paid.
Wyldistan uses third party payment providers (“Payment Gateway”) to receive payments from the User. Wyldistan disclaims any responsibility for delays or erroneous transaction execution or cancellation of transaction due to payment issues. Wyldistan takes utmost care to work with such Payment Gateways, but does not exert any control over the Payment Gateways systems, processes, technology and work flows, hence cannot be held responsible and/or liable for any fault at the end of such Payment Gateway. To enhance ease of access, the Payment Gateway may provide you with an option to store your payment information/method/instrument/details, upon receiving your express consent. In such cases, please note that Wyldistan or the Contracting Entity is not responsible for any information that the Payment Gateway may collect, store, process and the User is required to review the privacy policy and terms of use of such Payment Gateway. If you know of or suspect any fraudulent behaviour or unauthorised use of your Payment Method, please contact the Payment Gateway directly as soon as possible.
You should read our Cancellation and Refund Policy carefully prior to making your transaction for any Facilitation Services. Please be advised that certain services may be non-refundable, non-cancellable, and/or non-changeable, as well as may have refundable and/or non-refundable security deposit requirements. Notwithstanding anything contained above, Wyldistan reserves its right to charge a cancellation and/or modification fee, up to the full cost of the Facilitation Service, for any cancellation or modification by you of a confirmed payment, and such fees will be indicated on our Platform. In case of any cancellations with respect to certain Facilitation Services within the applicable permitted cancellation period, we may refund the appropriate amount as per our Cancellation and Refund Policy in Indian Rupees, which shall not include any exchange rates or applicable fees. The Payment Gateway will remit the refund in the same instrument and currency as the Booking.
Responsibility, Cancellations and Refunds
While making an inquiry towards any Listings listed by third-party Lister(s) on our Platform, the Member may include relevant details of other individuals accompanying for that specific Activity/Stay (“Guests”). The Member is solely responsible for any information provided about themselves as well as any Guests to our Platform and we do not assume any responsibility for the confirmation of any User’s/Guest’s identity. Notwithstanding anything contained hereinabove, for transparency and fraud prevention purposes and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from third-party Listers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered offender checks in your local jurisdiction (if available).
Entire Agreement
While agreeing to these Terms, the Users also agree to:
1) abide by Our Values and Guidelines;
2) abide by Nature and Wildlife Welfare Guidelines;
3) abide by our Content Standards and Guidelines, including but not limited to avoiding use of any abusive language or expressions while writing/posting reviews for a particular experience of a Listing;
4) comply with all applicable laws/regulations;
5) cooperate with any anti-fraud/anti-money laundering checks we need to carry out;
6) not use the Platform to cause a nuisance or make fake inquiries;
7) use the Listings and/or Platform for their intended purpose;
8) not cause any nuisance or damage, and not behave inappropriately with Lister(s), their personnel or any other person while inquiring about the Listings.
A5. DISCOUNT OFFERS AND VOUCHERS
Discounted rates may be offered by the Wyldistan Platform and/or participating Lister(s) for certain Listings through Discount Coupons/Vouchers.
If a Member opts for a refund in case of a Facilitation Service which qualifies as partially-refundable, the Platform may issue a voucher at its sole discretion which shall be non-transferable and non-refundable.
We may offer various discount offers on the Platform which may vary from user to user. For example, discounted rates may be offered to Users with a certain number of new Platform user referrals within a given period.
The following types of Facilitation Services availed through Wyldistan are excluded from the Discount programme: free options, Listers’ offers and any additional non-Platform purchases and local government fees.
We may change any feature of the Discount Offers, including but not limited to the eligibility criteria, validity period, and the way the programme is structured at our sole discretion and we shall not be held liable for any losses, changes, and damages arising from such changes.
To ensure fair and secure Discount Offers on our Platform, we may investigate instances of fraud, misuse, or abuse. This may result in a User’s Account being suspended and/or terminated in the event we find the User to have engaged in any fraud, misuse or abuse.
A6. NO UNLAWFUL OR PROHIBITED USE
As a pre-condition of your use of the Wyldistan Platform, you warrant to the Contracting Entity that you will not use the Wyldistan Platform or its Facilitation Services for any purpose that is unlawful, unauthorised, prohibited by or inconsistent with these Terms, conditions, and notices, and the User agrees that this license to use Wyldistan Platform will terminate immediately upon User’s violation of this warranty. You may not use the Wyldistan Platform in any manner which could damage, disable, overburden, or impair the Wyldistan Platform or interfere with any other party’s use and enjoyment of the Wyldistan Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Wyldistan Platform.
Wyldistan reserves the right, at its sole discretion, to block/terminate User’s access to this 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 Wyldistan 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, libellous, 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 Wyldistan or cause Wyldistan to lose (in whole or in part) the services of Wyldistan’s technology/internet or other Listers/Members or other vendors/third-parties. If the User contravenes the foregoing or Wyldistan has reasonable grounds to suspect that the User has contravened the foregoing, Wyldistan has the right to indefinitely deny, suspend or terminate User’s access to the Wyldistan Platform and to refuse to honour the User’s request(s).
The Users are prohibited from engaging in the following activities:
a. Systematically retrieve data or other content from the Wyldistan Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
b. Make any unauthorised use of the Wyldistan 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 pretences;
c. Circumvent, disable, or otherwise interfere with security- related features of the Wyldistan Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Wyldistan Platform and/or the Content contained therein;
d. Engage in unauthorised framing of or linking to the Wyldistan Platform;
e. 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 Wyldistan Platform or the networks or services connected to the Wyldistan 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 Wyldistan Platform in order to harass, abuse, or harm another person;
l. Use the Wyldistan Platform as part of any effort to compete with us or otherwise use the Wyldistan Platform and/or the Content for any revenue-generating endeavour 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 Wyldistan Platform;
n. Attempt to bypass any measures of the Wyldistan Platform designed to prevent or restrict access to the Wyldistan Platform, or any portion of the Wyldistan Platform;
o. Copy or adapt the Wyldistan 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 Wyldistan Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Wyldistan 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 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 Wyldistan Platform, or using or launching any unauthorised script or other software;
s. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Wyldistan Platform;
t. Use the Wyldistan Platform in a manner inconsistent with any applicable laws or regulations.
If you breach these Terms (including Our Values and Guidelines, Content Standards and Guidelines, Nature and Wildlife Welfare Guidelines, Privacy Policy, Cookie Policy, Cancellation and Refund Policy) or fail to comply with applicable laws or regulations, we have the right to:
● restrict and/or suspend your access to our Platform;
● restrict you from making any inquiries for Listings;
● cancel any Facilitation Services you’ve already purchased,
● stop you from using:
● our Platform,
● our User Support Service,
● your Account.
If we cancel a Facilitation Service as a result, you may not (depending on the circumstances) be entitled to a refund. We may tell you why we have cancelled your subscription or suspended your Account, unless telling you would (a) contravene applicable laws (b) prevent or obstruct the detection or prevention of fraud or other illegal activities and/or (c) orders from the Court of law and/or law enforcement authorities. If you believe we have incorrectly restricted your Account, please contact our support at support@wyldistan.com.
A7. COMMUNICATIONS
We may help you communicate with the third-party Lister, but that doesn’t mean we’re taking responsibility for the products/services described the Listing or anything the Lister does/doesn’t do. We cannot guarantee the performance of any third-party Lister(s) or that they’ll do what you ask. If you need help, please contact us via our support at support@wyldistan.com.
When you use the Wyldistan Platform, you agree and understand that you are communicating with Wyldistan through electronic records and you consent to receive communications via electronic records from Wyldistan periodically and as and when required. Wyldistan may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that Wyldistan shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or otherwise. Further, Wyldistan will make best efforts to safeguard the confidentiality of your personally identifiable information available with us, but transmissions made by means of the Internet cannot be guaranteed or made absolutely secure. By using this Wyldistan Platform, you agree that Wyldistan shall not be liable for disclosure of your information due to errors in transmission or unauthorised acts of third parties. Without prejudice to the foregoing you agree that Wyldistan shall not be held liable or responsible for ‘phishing attacks’ on you. You may accept or decline the cookies when you access Wyldistan Platform. It is the User’s responsibility to set his/her browser to alert him/her to accept or to reject cookies. We encourage you to review our Cookie Policy to further understand how Wyldistan uses and processes your data.
A8. THIRD PARTY LINKS
Wyldistan Platform may at its sole discretion contain links to other platforms owned and maintained by persons or entities other than Wyldistan, including but not limited to links to external platforms from which our branded merchandise may be purchased. Wyldistan may also provide hyperlinks to other websites operated by third-parties for the purpose of enabling the Member to make payment, explore ancillary services offered by third-party Lister(s), etc. external to our Platform. Any of the foregoing hyperlinks do not constitute an endorsement by Wyldistan of any such websites and are provided only as a convenience and a reference. Wyldistan is not responsible for the products and/or services provided by and/or content of these websites or links displayed on such sites, and has no control over their content, access and privacy policies, therefore Wyldistan shall not be responsible for the privacy practices of such websites and hyperlinks displayed on such sites, which Wyldistan does not own, manage or control. If you click on a third party hyperlink or advertisement, please be aware that you would be leaving our Platform and any data you provide will be processed in accordance with said third-party’s respective privacy and cookie policies, which you may read and understand before proceeding further at your own discretion.
Wyldistan does not regularly review, and makes no warranty or representation regarding materials/content posted, products/services offered on the websites to which the Wyldistan Platform may be linked and Wyldistan shall not be responsible for any defects and/or deficiency thereof. Wyldistan does not endorse any and/or all of the materials/content, products/services available on such linked sites, and Wyldistan 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 products/services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.
We will not be responsible or liable for the consequences of accessing these websites, including exposure to hard and software viruses, spy and malware, and the Users do so at their own risk. Any Lister(s) and/or third-parties who wish to establish links to our Platform should notify us of their intention prior to doing so. We may deny permission for any such links to our Platform. If we permit the establishment of any such links, we are not under any obligation to establish reciprocal links with the Lister and/or third-party.
A9. INTELLECTUAL PROPERTY
Unless otherwise stated, all rights in our Platform (including but not limited to intellectual property, technology, content, trademarks, arrangement, and compilation of content, look and feel, and the infrastructure used to provide such content, etc.) are owned by the Contracting Entity or its licensors. By using our Platform, you agree to do so for its intended purpose only and you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through our Platform. You will not acquire any right, title, or interest in or to the intellectual property rights except for the limited license to use our Platform and/or our Facilitation Services granted to you pursuant to these Terms. Our trade or service marks and/or anything on our Platform may not be copied, scraped, imitated, or used, in whole or in part, without prior written permission of Wyldistan, the Contracting Entity, or any of its licensors. Nothing in these Terms should be construed as granting, by implied or express terms, estoppel or otherwise, any license or right to use any of Wyldistan’s trade or service marks. Or any intellectual property owned by Wyldistan and its Contracting Entity.
Other company, product, and service names and logos used and displayed via our Platform may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Wyldistan.
We reserve the right to block anyone (and any automated system) we suspect of:
● conducting an unreasonable amount of searches
● using any device or software to gather prices or other information
● doing anything that places undue stress on our Platform.
By uploading any User Content on our Platform, you’re confirming that it meets our Content Standards and Guidelines and that:
● it is authentic (you haven’t altered the picture, for example, or uploaded a picture of a different property or service)
● it doesn’t contain any viruses
● you’re allowed to share it with us
● you own (or are allowed to use) any intellectual property rights that it contains
● we are allowed to use it on our Platform and for any other commercial purposes (including marketing and advertising), on any media, worldwide – unless informed otherwise
● it doesn’t infringe the privacy rights of other people
● you accept full responsibility for any legal claims against Wyldistan related to it.
Wyldistan is not responsible and/or liable for any picture uploaded to our Platform and we are reserve our right to remove and/or disable any User Content at our sole discretion without prior intimation or notice to you (for instance, if we detect that such User Content does not meet the above criteria).
Wyldistan 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 or to Wyldistan overall arrangement of content is protected and is owned, controlled or licensed by; all comments, feedback, ideas, suggestions, information or any other content provided by the User (hereinafter referred to as “Wyldistan 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 Wyldistan IP in any other way.
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to Wyldistan or Wyldistan Platform (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Wyldistan to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration of the User, 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 Wyldistan Platform and that use of his/her content by Wyldistan shall not infringe upon or violate the rights of any third party.
A10. POLICIES
A. Privacy Policy
Please refer to the privacy policy which will also govern your use of Wyldistan Platform and/or Services which can be accessed here: Privacy Policy.
B. Privacy and Cookies Policies
If you browse or access products/services listed on Our Platform or inquire about any Lister or Listings, please see our Privacy Policy and Cookies Policy for more information on privacy, cookies, and how we might contact you and process your data.
C. Damage Policy
Third-parties including any Lister may have their own damage policies respectively associated with the products/services included in their Listings, and might require a ‘damage deposit’. If they do, please note that it has nothing to do with the Platform’s ‘Damage Policy’. Wyldistan won’t be involved in any financial settlement related to damage deposits and disclaims all liability towards the same and if you agree with the amount requested by any third-party please note that you would be doing so at your own risk, and the Platform would not be involved in this process, nor would Wyldistan be liable for paying or facilitating payments for any such damages.
A11. INDEMNIFICATION
Without prejudice to and in addition to any other remedies, reliefs or legal resources available to Wyldistan herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold harmless Wyldistan and the Contracting Entity including but not limited to its affiliate, respective partners, officers, directors, employees, representatives, distributors, suppliers, licensors, agents or others involved (“Covered Party(ies)”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees/expenses and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Wyldistan and/or the Contracting Entity that arise out of or related to your use or misuse of our Platform, any violation or non-compliance by you of these Terms of Use, negligence or wilful misconduct, infringement or misappropriation of the rights of a third-party including without limitation any intellectual property rights or rights of publicity or privacy (“Third-Party Claim”) or any breach of representations, warranties and covenants made by you herein.
We may, if necessary and at our sole discretion, participate in the defense of any claim or action and any negotiations for settlement arising out of or in connection with any Third-Party Claim. You will not make any settlement that may adversely affect our rights or obligations without our prior written approval. We reserve the right, at our expense and upon notice to you, to assume exclusive defense and control of any such claim or action.
A12. NO WARRANTY
Your use of Wyldistan Platform is at your own risk. This Platform, including all content and features made available on or accessed through the Wyldistan Platform, is provided by Wyldistan on an “as is” basis. To the fullest extent permissible by law, with regard to the content on this Platform, Wyldistan makes no representations or warranties of any kind whatsoever, express, implied, statutory or otherwise, including (1) the implied warranties of title, merchantability, fitness for a particular purpose, or the accuracy or non-infringement of any Listing of third-party Listers and/or Content published on or available through the Platform; (2) that the server that makes this Platform available is free of viruses or other components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Platform.
Without limiting the foregoing, Wyldistan makes no warranty that (i) Wyldistan Platform or the Facilitation Services will meet your requirements or your use of the Wyldistan Platform or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Wyldistan Platform, or Facilitation Services will be effective, accurate or reliable; (iii) the quality of the Wyldistan Platform, or Facilitation Services will meet your expectations; or that (iv) any errors or defects in the Wyldistan Platform or Facilitation Services will be corrected. No advice or information, whether oral or written, obtained by you from Wyldistan or through or from use of the Wyldistan Platform shall create any warranty not expressly stated in the terms of use. Wyldistan shall have no liability to the User for any interruption or delay, to access the Wyldistan Platform irrespective of the cause.
It is hereby further clarified that Wyldistan and Lister(s) are separate and independent entities and Wyldistan does not work as representative or agent of any Lister nor does the Lister become an employee, agent, representative, and partner of Wyldistan.
Wyldistan Platform may use third-party analytical tools to track page content and click/touch, movement, scroll, and keystroke activity. If you don’t accept any of these Terms, please do not use our Platform.
A13. LIMITATION OF LIABILITY
Nothing contained in these Terms can be deemed to create a relationship with or a fiduciary duty to you for accessing and using our Platform, Content and Facilitation Services. We have no control over and no duty to take any action regarding:
● which Users gain access to our Platform;
● what Content you access via our Platform;
● what effect(s) our Content may have on you;
● how you may interpret or use our Content; and
● what actions you may take because of exposure to the Content.
We do not make any promises and/or assurances about third-party Listers, their Listings and/or our Facilitation Services apart from what is expressly stated in these Terms.
Our Platform, including all our services, information about Listings and Content therein, are provided on an “as is” and “as available” basis. We disclaim any and/or all warranties (express, implied, or otherwise), including without limitation warranties of suitability, merchantability, safety, non-infringement, fitness for a particular purpose of the Listings, and that our Platform is free from interruptions, errors, or other inaccuracies, whether arising by a course of dealing, usage, trade practice or course of performance, or by using services of generative AI (artificial intelligence) algorithms or similar technology.
We also do not warrant or make any representations regarding: (i) the acceptance of any request; (ii) the availability of any Listing and/or products/services through our Platform; (iii) the results that may be obtained from the use of the Platform and/or third-party Listings or related inquiries; or (iv) that you will receive the lowest available price for any Listings whose information is available through our Platform’s directory but are owned and operated by external third-parties.
Our liability is limited to providing the Member with information about Listings selected by the User. In the event of unavailability of complete information of Listings or Facilitation Services due to any technical reasons (like network downtime, disconnection with third-party platforms such as payment gateways, banks etc.) or any other similar failures, Wyldistan’s obligation shall be limited only to refunding any refundable Platform Fee, if any, received from the Member. Such refund shall completely discharge Wyldistan from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the Member. We are not under any obligation to provide an alternate services in lieu of or to compensate or replace the “as is” Facilitation Services. Any applicable refund will be processed as per Wyldistan’s Cancellation and Refund Policy.
Further, we are not liable for:
● errors or inaccuracies on our Platform, including without limitation errors in descriptions, pricing, availability, photographs, features, inclusions and exclusions, reviews, and ratings and Wyldistan reserves the right to correct any errors in Listing details on our Platform at all times;
● legality, decency, or propriety of any material contained or accessed through our Platform, including material on other websites that we may direct you to;
● any losses or damages which were not reasonably foreseeable when you entered these Terms;
● any costs associated with your network provider;
● the availability and quality of your telecommunication reception when accessing or using our Platform or Services;
● any information shown, advertising material displayed on our Platform, and any suggestions or recommendations made, about the Listings or Content on our Platform, for any purpose;
● any viruses or other harmful components contained in email that we may send; or
● any event which was reasonably beyond our control and/or force majeure events.
The User acknowledges and agrees that Wyldistan shall not be liable for any charges, fees, or costs incurred as a result of changes in local charges, fees, or government regulations pertaining to eco-tourism activities, products or services described in third-party Listings. This includes, but is not limited to, any increases in entrance fees, permits, taxes, or other charges imposed by governmental authorities after the date of browsing and accessing the Listing details. All Listings published on the Wyldistan Platform are on an “as is” basis. The Member accepts full responsibility for any non-Platform costs incurred towards any product/service described in the Listing and by continuing to directly engage with any third-party Lister outside of the Wyldistan platform, the Member confirms their understanding and acceptance of this clause.
You acknowledge and agree that the we do not in any way directly or indirectly operate or control any Listings provided by any Lister or any services provided by other third parties or the products listed by third-party vendors, and that we have no control over or responsibility whatsoever for any arrangements you make with them as a result of your use of our Platform or Facilitation Services. You also acknowledge and agree that if there is a dispute between you and any Lister or other third party, we are under no obligation to become involved. We disclaim all liability arising out of or in connection with any loss or damage you incur with any Lister or other third party. In the event of non-performance of any non-platform transaction that you enter in your own individual capacity, including but not limited to reasons such as bankruptcy, rehabilitation, reorganisation, insolvency, dissolution, or liquidation of a Lister, you agree that your only recourse will be against such Lister and not against us.
While we may help facilitate with queries about information published on the Platform for Listings, we have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or products/services described in such Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content, or (iii) the performance or conduct of any User or third-party. Further, we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Lister, Listing, or third party. To the maximum extent permitted by law, we do not warrant the performance or non-interruption of the Wyldistan Platform and we do not warrant the verification, identity, or background checks conducted on Listings or Lister (if any) and do not undertake the trustworthiness, safety, and/or suitability of the Lister and/or any Listing. Any references to a Lister or Listing being “verified” (or similar language) indicate only that the Lister or Listing or Wyldistan has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Wyldistan Platform. Wyldistan may, temporarily and under consideration of the Listers’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Wyldistan Platform or certain features thereof, if this is necessary given capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Wyldistan Platform.
Nothing contained herein shall limit or exclude any liability that cannot be limited or excluded under applicable law and we shall bear the liability to the extent set forth in the relevant laws.
Under no circumstances, including but not limited to Wyldistan’s negligence, shall Wyldistan and the Contracting Entity be liable for any damages of any kind whatsoever including but not limited to any consequential, direct, indirect, incidental, punitive, exemplary or special damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from (a) the use of, (b) the inability to use, or (c) errors or omissions in the contents and functions of this Platform, or any of the information, software, services and related graphics contained within the Wyldistan Platform or any of the Facilitation Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Wyldistan or an authorised representative thereof has been advised of the possibility of such damages.
In no event shall Wyldistan and the Contracting Entity be liable to the User for damages, losses, causes of action or any claim arising out of availing the Listings and/or products and services listed on the Wyldistan Platform/ browsing the Wyldistan Platform. Any liability shall be limited to the amount equivalent to the price paid for Facilitation Services or any products/services giving rise to such claim.
You hereby waive any and all claims, causes of action, or the rights to bring such claims or causes of action, arising out of or related to the Platform, communication, or these terms and conditions after six (6) months from the first occurrence of the kind of act, event, condition, or omission upon which the claim or cause of action is based. In any event where Wyldistan is made liable to pay for losses, damages, etc. as mentioned above, under any law for the time being in force, Wyldistan has a right to recover the same under such law from the fees / revenue to be remitted to Lister and remit the balance to the Lister during regular settlement process.
A14. REFUND CLAIM PERIOD
In case a User intends to cancel and/or seek refund for Facilitation Services, our Cancellation and Refund Policy will govern the claim.
A15. ACCESSIBILITY REQUESTS
If you have any accessibility requests:
● about our Platform, please contact our support at support@wyldistan.com.
● about the Listings, please contact the Lister.
A16. MODIFICATION OF THESE TERMS
Wyldistan reserves the right to modify these Terms at any time in accordance with this provision.
Where such changes are material, we will inform you when such changes become effective, unless the changes are required by applicable law. If you do not accept the changes, please do not use our Platform. Your continued use of our Platform after the effective date of the proposed changes will constitute your acceptance of the revised Terms.
A17. GENERAL PROVISIONS
Force Majeure: We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our and/or the Covered Parties’ control including, but not limited to, natural disasters, weather conditions, fire, flood, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labour disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, or pandemic. The User agrees that Wyldistan being merely a facilitator providing the Listings’ information cannot be held responsible for any such Force Majeure circumstances. In case of any Force Majeure Event not attributable to any party, Wyldistan shall resolve any issues in accordance with our Cancellation and Refund Policy.
Governing Law and Jurisdiction: This Agreement, and all transactions entered into on or through Wyldistan 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 to the Wyldistan Platform, the terms or any transactions entered into on or through the Wyldistan Platform or the relationship between User and Wyldistan shall be subject to the exclusive jurisdiction of the courts at Kolkata, India and User hereby accedes to and accepts the jurisdiction of such courts.
No Waiver: Any failure, delay or forbearance on the part of Wyldistan 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 Wyldistan 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.
Communication and Notice: All communications shall be accepted only if it is sent from the Wyldistan User Account and/or registered email address of the User. Unless specified otherwise, all notices and communications by Wyldistan and/or the Contracting Entity shall be sent to the User via email. In addition, general communication may also occur through the Wyldistan Platform notification, or standard non-Platform messaging service including telecom providers’ SMS and third-party messages (e.g. Meta’s WhatsApp), as may be employed from time to time. For the purposes of this clause, if deemed receipt under this clause is not within business hours (meaning 9:00 AM to 5:30 PM on a Business Day), the notice is deemed to have been received when business next starts in the place of receipt.
Feedback from User: Wyldistan would like to know the feedback of the Users for improving the Platform and its Facilitation Services. The User hereby authorises Wyldistan to contact the User for their feedback on various Listings, Facilitations Services and/or features of our Platform. Such feedback may be collected through emails, telephone calls, SMS, WhatsApp or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to us for specific exclusion at support@wyldistan.com.
Should you have any questions or concerns regarding these Terms of Use, please contact us at support@wyldistan.com. Your continued use of the Platform following any changes implies your acceptance of the revised Terms.
APPENDIX A - CONTRACTING ENTITY
M/s. Otobic Consulting LLP, being a Limited Liability Partnership under the Limited Liability Partnership Act, 2008, having LLP Identity No. ACG-4673, having its registered office at Flat 3B, 2nd Floor, No. 18, Kumarpara Lane, Kasba, Kolkata, 700042, India.
ANNEXURE - GLOSSARY FOR DEFINITIONS
● ‘Affiliate’ means any person or entity which is under the Control of, in Control of or under the common Control with any person or entity;
● ‘Agreement’ means the services agreement entered between the Contracting Entity and the Lister along with the Annexures referred to herein and/or including any subsequent addendums and/or amendments to the Agreement;
● ‘Annexure’ means a separate document that supports a main document;
● ‘Applicable Laws’ means all laws, statutes, regulations, ordinance, rule, judgement, rule of law, order, decree, approval, directive, guideline, planning requirements, policy, and laws or other governmental restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or local council whether in effect as of the date of this Agreement or thereafter and in each case as amended and any other requirements applicable to the Parties and their obligations under this Agreement;
● ‘Control’ means in relation to an Listing, the power of a person (or persons) having significant control over the services, inclusions, exclusions, terms and conditions of such services’ Listing, or over the affairs of the Lister’s organisation including Team Members, and such affairs are conducted in accordance with the wishes of that person (or persons): (a) by means of the holding of share of ownership, or the possession of voting and/or decision-making power, in or in relation to, that or any other individual or company; or (b) by virtue of any powers conferred by the constitutional or company documents, or any other document, regulating that or any other company; and the terms “controlling” and “controlled” shall be correspondingly construed;
● ‘Facilitation Service’ refers to Wyldistan's role as a platform provider and an intermediary connecting Listers with Members and enabling the Members to discover, browse, compare and inquire about various Listings owned and operated by third-parties;
● ‘Guest’ means any individual who is not a Member of the Wyldistan platform but whose information may be shared by a Member while inquiring about a Listing;
● ‘Inquiry’ means query and any request for information raised by Member about Listings;
● ‘Intellectual Property’ means trademarks, service marks, rights in trade names, business names, product names, logos or get-up, patents, rights in inventions (whether or not patentable), registered and unregistered design rights, copyrights, database rights, rights in data, rights in domain names and URLs, and all other similar rights in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations;
● ‘Listing’ means a unit of product/service or combination thereof owned and operated by third-party Lister and published on the Platform that is available to be browsed and compared by Member(s) on our Platform;
● ‘Member’ means a registered Platform User who may browse and inquire about any Listing on the Platform;
● ‘Multimedia’ refers to any media-type including but not limited to pictures, animations, texts, or videos used to represent the Listings;
● ‘OTP Verification’ refers to the essential verification process (typically using one-time password) to confirm the authenticity of a Platform related requests/processes;
● ‘Payment Gateway’ means and includes the third-party vendors that facilitate secure electronic payments made by Users towards Platform Fee for Facilitation Services;
● ‘Platform’ means the Wyldistan mobile application and/or website where a Member can browse, access details of and inquire about Listings by third-party Listers and avail Facilitation Services;
● ‘Platform Fee’ refers to a nominal and non-refundable fee which may include any other charges, taxes and/or cess and levies that may be applicable, levied by our Platform to help us operate, maintain and improve our Platform and provide our Facilitation Services to deliver a seamless User experience;
● ‘Lister’ means a registered Platform User who enlists and manages their Listings’ details published on our Platform and enters directly into a contractual relationship with Members to provide information about such Listings;
● ‘User’ means a registered user on the Platform which may include anyone who (i) accesses the Platform, (ii) makes inquiries about Listings on our Platform as a Member (iii) provides details about their separately owned/operated products/services as Listings on our Platform as a Lister; (iv) manages Listings on behalf of the Lister, as the case may be.
01-May-2026
01-May-2026
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