Terms and Conditions | Mischief Treks

TERMS OF SERVICE
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OVERVIEW
This website is operated by MISCHIEF TREKS Throughout the site, the terms “we”, “us” and “our” refer to MISCHIEF TREKS. MISCHIEF TREKS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MISCHIEF TREKS , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MISCHIEF TREKS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Palghar, Maharashtra
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at mischieftreks@gmail.com
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Cancellation Policy for One Day Treks, Night Cycling, and Camping.

90% will be refunded if canceled 15 days (360+ hrs) in advance.
75% will be refunded if canceled 10 days (240+ hrs) in advance.
50% will be refunded if canceled 05 days (120+ hrs) in advance.
0% refund if canceled in less than 05 days (120 hours) of the event date and time.
0% refund if the participant drops out, or does not reach the meeting point on the scheduled date and time.

If the event itself gets canceled, you will be given the option to switch to any other event or any other date, Or you can opt for 100% refund. If you need to cancel your current booking and/or reschedule your booking to any other date, it can be done free of cost if the rescheduling request is sent 120 hours prior to the event. From 0hrs - 120 hours prior to event date and time, free rescheduling is not permitted. It will be counted as cancellation done in less than 120hours of the event date and time. It's a humble request, please do not give medical reasons, crib, argue or try to blackmail us if you drop out or cancel/reschedule the trek in the last 5days. The basis of the cancelation policy is to protect the participant and the organizers from undue financial losses arising out of unforeseen situations. If the event gets canceled due to the medical/personal emergency of the organising team member, the participants will not have to suffer financial loss. Similarly, if there is a medical/personal emergency at the participant's end, the organizing team will not have to suffer financial loss.

Cancellation Policy for Tours

90% will be refunded if cancelled 30 days (720+ hrs) in advance.
75% will be refunded if cancelled 20 days (480+ hrs) in advance.
50% will be refunded if cancelled 10 days (240+ hrs) in advance.
0% refund if cancelled in less than 10 days (240 hours) of the event date and time.
0% refund if the participant drops out, misses bus pickup, does not reach the meeting point on scheduled date and time.

If the event itself gets cancelled, you will be given the option to switch to any other event or any other date, Or you can opt for 100% refund.
The 100% refund is applicable after deduction of third-party cancellation charges i.e. train and stay. The cancellation charges of train tickets and stay need to be paid by the participant. For this event the stay cancellation charges are 500/- and train cancellation charges will be as applicable as per Indian Railways rules.
If you need to reschedule your booking to any other date, it can be done free of cost if the rescheduling request is sent 720 hours prior to the event date and time. From 00 hrs - 720 hours prior to the event date and time, free rescheduling is not permitted. It will be counted as cancellation done in less than 720hours of event date and time. It's a humble request, please do not give medical reasons, crib, argue or try to threaten/blackmail us if you drop out or cancel/reschedule the trek in the last 10 days. This mutually agreed cancellation policy is applicable to you and us as well. The Date and time of cancellation request sent to us will be considered for calculation of the applicable slab given above. The date and time of booking the event are not relevant for calculating the number of days and hours remaining between the event date and cancellation request.

Frequently Asked Questions Related to Cancellation and Refund Policy - FAQ'S

Q. Does the cancellation policy/rescheduling policy apply to me if I book on event day or the last day?

Ans: Yes, the policy is applicable irrespective of the booking date. The cancellation / reschedule policy is applicable to everyone with immediate effect from the date and time of booking. The refunds/rescheduling requests will be processed based on the date and time of cancellation/reschedule request sent to us. The date and time of booking the event is irrelevant for the calculation of number of days between event date and cancellation request date.

Q. What is the basis/logic of cancellation/reschedule policy in case of medical or personal emergency of participant or organizing team?

Ans: The cancellation policy is based on fairness towards the participant and the organizing team. In case of medical/personal emergency, the loss arising out of cancellation/reschedule will be borne by the respective person. i.e. if the organizing team member faces a medical emergency situation and the event gets cancelled, the participant will not have to suffer financial loss. Similarly, if the participant faces a medical emergency situation, the organizing team will not have to suffer financial loss. The cancellation policy is designed with a completely unbiased approach towards the participant and organizing team and is aimed at fairness towards both.

Q. Will it work, if I try to threaten to defame Mischief Treks team or blackmail the team with threats of social media, and attempt to get a full refund even if I am not eligible for a refund?

Ans: Using threats or defamation has always backfired for those who have attempted it till now. Our sports team does not have helpless chained slaves or corporate slaves, We believe in equality and logical unbiased reasoning. As the saying goes "Deal people in their own coins", we like to stand tall to our commitment and expect the same from participants aswell. Stepping back from mutually agreed trems explained on event page never worked well for anyone.

Disclaimer / Privacy Policy / Terms and Conditions

Fitness -

It is most essential to be fit and fine before heading for an event. While planning your trip, it is preferable to have a medical fitness check up done. If suffering from any kind of allergy or ailment, do carry proper prescribed medicines to prevent serious health problems including heatstroke, severe headache, cough, dehydration and hypothermia. Participants suffering from chronic conditions like asthma, bronchitis, blood pressure, migraine, diabetes etc should seek their physician's advice before coming.

Damage to Public Property -

Participants should not deface or damage any monument by writing or scribbling on them. Please help us to conserve and preserve our heritage .

Starting/Pickup Point

The participants who wish to reach the event starting point in their own vehicle have to reach the meeting point at given time, beyond the said time and spot the organizer may go out of network range and won’t be able to assist. In such a situation the organizer shall not be liable for any inconvenience what-so-ever and the participants will be considered as drop-out against which no refund will be made.

Safety -

The organizer reserves the right to make necessary changes in itinerary at any time before or during the event based on the situation at hand. Trek leaders' decisions will be final and binding, no arguments will be entertained. During the event, if any participant or group does not follow safety instructions and indulges in acts that lead to physical harm, or gets lost in the forest / mountain the organizers will not be held liable for it.

Security -

We do not allow anyone to camp until we have complete and authentic details of the person. This info is crucial in case of emergency, and is a mandatory KYC parameter. Submitting incomplete/incorrect/fake details in the form will make your booking invalid and no refund will be provided in such a case.

In Between the event -

No refund will be made in case a person misses the train/bus mentioned in the itinerary. All participants are deemed to be physically fit for the event. In case a participant decides to dropout during the event he/she has to bear the extra cost of arranging his/her return, this cost will be charged at-actual-basis.

Act of God -

If the event gets cancelled before commencement due to natural calamities, rains, landslide, snowfall, avalanche or any external influencers, only 50% refund will be made (provided full payment is made while booking) no refunds are provided on partial payment made for booking. Once the event has started and if it gets cancelled due to bad natural conditions during the course of the event no refund will be made.
Delays due to traffic conditions, weather, participants endurance, vehicle breakdown etc. are not in our hands and participants need to bear with the situation as a team.

Weather Dependency -

Stay options mentioned in the itinerary are subject to natural conditions i.e. tents can’t be pitched if rains and/or rain storm is being predicted. In such cases an attempt will be made to provide shelter for the night. Food during the trekking and camping events is sourced locally from villages and we put in our best efforts to provide the best, participants should acknowledge the fact that remote village people are not trained for catering services and the expectations should be accommodating.

Weather Dependency -

Stay options mentioned in the itinerary are subject to natural conditions i.e. tents can’t be pitched if rains and/or rain storm is being predicted. In such cases an attempt will be made to provide shelter for the night. Food during the trekking and camping events is sourced locally from villages and we put in our best efforts to provide the best, participants should acknowledge the fact that remote village people are not trained for catering services and the expectations should be accommodating.

Community of interests -

Mischief Treks organises events at forts, lakes, villages, hills and mountains that are accessible to other organisers too. We do not own any of the locations mentioned. We do not have access to the client booking database of other organisers and we cannot comment on the number of people visiting the location on a given date. Mischief Treks has a reputation of providing memorable experiences for trekkers and adventure lovers, our events are not designed for tourists or fussy people. Trekking and Camping belong to the adventure sports industry where the participants are part of a "team" where there are no waiters, caterers, guests, or clients. We all will be part of the team and your participation as a team member is appreciated. Having the spirit of sportsmanship and teamwork is a basic requirement for signing up for our events. Pictures and videos captured by our staff/members during the event are property of Mischief Treks and we reserve rights to publish the images as per our discretion.

Photography and Videos -

All the photos and videos shared in the common album of the given event are free-to-use by Mischief Treks and participants of the event. Pictures and Videos clicked by team members of Mischief Treks are copyright work of the respective team members and can be used for promotional purposes of Mischief Treks events.
If a participant has reservations or apprehension regarding his/her pictures, he/she needs to give a prior intimation to Mischief Treks (before the pictures/videos are shot) on the official WhatsApp number 7719800777.
Mischief Treks team members like to click pictures and shoot videos during the event and they do so at their sole discretion. They are under no obligation to do so unless specifically they have been hired by a participant for the photoshoot by making additional payment.