Terms and Conditions | Rakesh Arora Photography Safaris

Posted as of 26 February, 2020

Last updated as of 26 February 2020

BOOKING TERMS AND CONDITIONS

We thank you and appreciate your decision to book your tour/photo safari/workshop with us. Please read the booking terms and conditions and process carefully as they will give you important information and guidelines about your rights and obligations as our customer, concerning any purchase you make through us unless specifically stated otherwise on our service sale pages or readers offer advertisements. The booking terms and conditions and processing of refund, shall be in accordance with the clauses as set forth:

1. RESERVATIONS AND PAYMENTS

Payment of a non-refundable deposit of 25% (or the amount stated on the website Itinerary) of the tour fare, with a completed and signed reservation booking form and a completed and signed Liability Release and Assumption of Risk Agreement are essential requisites to confirm User’s reservation.

Upon receipt of the signed reservation form from the User and upon their payment of the deposit, we will subject to availability, reserve the place for safaris /tours/workshops set out the title description of registration form. The balance of the tour price is to be paid by the User no later than 120 days prior to departure (or as the date stated on the website and your invoice).

Final payments may be made accordance with the Payment Clause of the Terms of Service. Proof of medical or travel Insurance is must with the final payment otherwise the User can be barred from participating in the Safari. Upon Receipt of final payments and required documents details of Safaris/tours information will be emailed to the User.

All prices are quoted in Australian dollars and must be paid in Australian dollars unless otherwise stated on the website itinerary and on the invoice issued. If the User wants to pay in USD, the same needs to be specified to the Firm in advance.

2. PROCESSING OF REFUND

We do not provide refunds for payments once made for the Services. Any issues with regard to the delivery of Service from our third-party vendors including but not limited to our travel partners or accommodation owners, should be communicated to them directly. We will not be liable to resolve the complaint or process any refund requests initiated by you with regard to the same.

Due to the fluctuating nature of the currency rates, there could be an increase in the tour cost if there has been an exceptional increase in cost due to currency fluctuations. This will not be treated as a valid ground for refund requests for payment requests already made towards the tour.

No refund will be entertained if you refuse an alternate accommodation provided in the place of the originally arranged one in the event of any exigency. Neither will we be responsible for providing refunds for any nor all facilities not availed by you.

In the event of your booking being cancelled due to your non-compliance with the set-out age restrictions or any other mandatory compliance we shall not process any refund for the same. Neither will you be eligible for refund if you have been barred by us for disruptive and unruly behavior.

In case you choose to cancel your tour booking, you shall not receive any refund of the initial non-refundable fee. You will receive a refund as per the refund policy of individual packages of the trip, only if the same has been paid 120 days prior to starting of the tour.

In cases of tours which are non-refundable, the above clause would not apply. Cancellation requests made by you would become effective and be considered for processing only upon us receiving the written cancelation notification form signed by you. This form can be requested by you, by mailing us at [email protected].

You will not be eligible for any refund, if you fail to arrive for the tour booked by you or leave the same mid-way.

For your ease your eligibility for refund is set out in the table below:

Time of Cancellation	Eligible Refund
Within 365-119 days of ahead of the scheduled tour /safari/workshop	Loss of the deposit
Less than 120 to 91 days before the date of scheduled tour/safari/workshop	75% of refund of amount 120 days paid in advance
Less than 90 to 61 days before the date of scheduled tour/safari/workshop	50% of refund of amount 120 days paid in advance
Less than 45 to 0 days before the date of scheduled tour/safari/workshop	No refund

3. UNDER-SUBSCRIPTION

The Safaris require a minimum of 4 to 5 participants. In the case of under-subscription, we reserve the right to cancel the workshop /safaris. Please do not purchase air travel before confirming with us. Under such circumstances your entire registration fee will be transferred to another Photo Safari or refunded to you at your discretion.

4. SMALL GROUP SUPPLEMENTAL FEE

The minimum requirement for a workshop is 11 paying participants. In the unlikely event that minimum number of participants is not reached, there is a small surcharge of $350 AUD per participant, for 4-5 paying participants.

5. CANCELLATION

We may cancel a scheduled, tour or safari. In such a case we will refund payments that has already made by you for the relevant tour but this refund will not include any expenses incurred by tour members in preparing for their tour, including non-refundable or penalty-carrying airline tickets, special clothing, visa or passport fees, or other tour-related expenses.

We at our sole discretion may cancel any order(s):

if it suspects a User has undertaken a fraudulent transaction, or
if it suspects a User has undertaken a transaction which is not in accordance with the Terms of Use, or
in case of unavailability of a service, or
for any reason outside the control of the Company including causes for delivery related logistical difficulties.
if the Company does not want to do business with the User

Further, while all measures are taken to ensure accuracy of service specifications and pricing, the details of a service as reflected on the Website may be inaccurate due to technical issues, typographical errors or incorrect service information provided to the Firm by a supplier and in such an event you shall be notified as soon as such error comes to the notice of the Firm. In such event, the Firm reserves the right to cancel your order and refund any money that may have been paid by you towards purchase of such services.

We maintain a negative list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.

TERMS AND CONDITIONS OF SERVICE AND USE

1. GENERAL

RAKESH ARORA PHOTOGRAPHY SAFARIS, A Sole Proprietorship Business, registered under the laws of Australia and having office at Level 5, Nexus Norwest 4 Columbia Court , Norwest, NSW 2153 , Australia hereinafter referred to as the “RAPS” (where such expression shall unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of this Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the Websites ““https://rapsafaris.com/” and “https://tours.rapsafaris.com/””(hereinafter collectively referred to as the “Platform”).

2. DEFINITION

For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

“We”, “Our”, and “Us” shall mean and refer to the Platform and/or the RAPS, as the context so requires.
“You/User/Users/customers” shall mean and refer to natural and legal individuals who shall access the Platform with the intent of gaining knowledge about the services provided on the Platform and availing the same. The Users must be of sound mind and competent to make sound and informed decisions as per the laws governing the territory of Australia.
“Services” refer to operating a Platform for providing services relating to wild life photography tours and wild life safaris. The detailed explanation of the services has been set out in Clause 4 of Terms of Service and Use.
“Third Parties” refer to any Application, RAPS or individual apart from the User and the creator of this Platform.
“Parties/Party” The Users and the RAPS shall be together referred to as Parties and individually as Party.
“Policy/Terms” shall refer to the Terms and conditions of Service and Privacy policy
The term “Platform” refers to the Website details of which are set out in the opening paragraph to the present Terms and Conditions of Use.

3. TERMS

The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made there to by the RAPS, from time to time, at its sole discretion. If the Customer continues to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Conditions of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
The User unequivocally agrees that these Terms and the aforementioned Policy constitutes a legally binding agreement between the User and the RAPS, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that User's act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Privacy
The RAPS reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify their acceptance of the modified terms.

4. SERVICE OVERVIEW

The RAPS shall provide services related to wild life photography, wild life safari photography tours, wild life safaris providing, photo tours and travel arrangements for the same. The itinerary and the scheduled dates for the tours are set out in the Platform. In addition to these details of photography workshops conducted by the RAPS are also listed on the Platform. The Users can avail the services provided through the Platform in lieu of payment of the charges set out for the same. Listed below are the services offered by the Platform:

Safari booking
Hotel booking
Air ticket booking
Internal transport booking (rail, bus, air)
Safari National park registration
Safari jeep (vehicle) booking
Equipment rental service
Selling of Merchandise

The RAPS shall have the sole discretion of adding new services or removing any existing services at any point of time and they may do so without any prior notice to the Users of the Platform.

5. REGISTRATION

Registration is mandatory for the Users to access the Services provided by the RAPS through the Platform. Users shall register themselves on the Platform by providing information regarding their Name, Email I.D, Address, and Phone Number, Passport details, KYC documents and Health-related documents. The required information may be collected by the Platform through the form on the website or through Facebook and Google promotions.
The Users can integrate their social media accounts on Google and Facebook to the Platform.
The Registration and use of the Platform are presently free but charges can be levied on the same any time in future and the same shall be at the discretion of the RAPS. Presently Charges are incurred after subscription to the software depending on the plan availed by the User.
Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. In the event of a minor accessing the website, it would be the responsibility of his immediate guardian to monitor the minor’s use, the platform or the RAPS will not be liable for any consequences.
Further, at any time during the use of this Platform, including but not limited to the time of registration, Users are solely responsible for protecting the confidentiality of their mobile number and password, and any activity under the account shall be deemed to have been done by them.

6. ELIGIBILITY

The User represents and warrants that they are competent and eligible to do business and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.

7. ITENARY AND INSURANCE

The RAPS hereby expressly states and the Users hereby agree that:

The tour operators might be required to change routes and camps on tours occasionally as dictated by changing conditions including but not limited to political unrest, seasonal rainfall, bushfires or other factors effecting such conditions. Airlines, Aircraft specific flights, and other transfers may also need to be changed for various reasons. There could be overbooking at the allotted hotel which could lead to change in the accommodation venue. Under such circumstances the RAPS would not be held liable for the changes made in itinerary and shall not be responsible for issuing any refunds to the Users. If the above-mentioned changes in the itinerary lead to an increase in the estimated cost of the tour, the difference in price will be borne by the Users.
If a Tour guide is unable to lead a pre-scheduled tour, then the tour operator and the RAPS have the right to change the tour guide allotted for the purpose.
The tour costs are generally per person twin share and include transportation, accommodation with private facilities, all meals (BLD), Safaris bookings, guides, and internal flights. and services of driver/guide and sometimes camera fees. Where these items are not included the Users are advised accordingly by RAPS. Meals are not included unless specifically mentioned. Meals are sometimes indicated by: B= Breakfast, L = Lunch and D = Dinner on the tour itinerary.
RAPS mandates the Users availing the Services to purchase travel insurance at all times while availing the travel services on the Platform. The RAPS will take no responsibility for any losses incurred or suffered by the guest or guest’s dependents or travel companions, regarding, but not limited to repatriation expenses, damage, theft or loss of personal baggage, money, and/or goods. The Users will be charged directly by the service providers for any services provided outside of the confirmed safari/tour Itinerary. If the insurance is mandated under the itinerary then the onus for purchasing the same shall lie solely with the User.
It is a pre-requisite condition while booking safari, tours or workshops through the Platform to have a travel medical insurance. The sole responsibility for purchasing the same shall lie with the Users. They must ensure that they carry travel medical insurance and evacuation policy on Safaris / Tours / Workshops held outside the territory of Australia. This is a mandatory requirement for the User’s participation on a trip outside the territory of the Australia. This insurance should include coverage regarding, but not limited to international emergency, evacuation expenses and local medical expenses. The RAPS or the Platform will not take any responsibility for any costs for losses incurred or suffered by the Users, their dependents or travelling companions.
The itinerary of the safari or workshop will clearly list out the services included in the cost of the package. Any additional services availed which are not included in the itinerary shall be charged additionally.
India GST Introduction India introduced a Goods and Services Tax on 01 July 2017. All prices quoted in this brochure are based on rates supplied by hotels and operators inclusive of applicable current government taxes at the time of printing. Please note that any further increase in government taxes will be passed on and you should take this into consideration when planning your holiday.
The company is not itself a carrier or hotelier nor does it own aircraft, hotels or vehicles. The company exercises every care in the selection of carriers, hotels, tour operators and the suppliers of the travel services used in this brochure (all of which carriers, hotels, tour operators and other suppliers are called “the other suppliers”).
All bookings with the company are subject to the terms and conditions and limitations of liability imposed by the other suppliers some of whom limit or exclude liability in respect of death, personal injury, delay and loss of or damage to baggage and may require the participant to complete a release of indemnity form prior to commencing the arrangements.
All tickets, vouchers and documents are issued subject to the terms and conditions under which the other suppliers provide their services and the company is not responsible for carrier caused delays. The terms of your contract are those terms and conditions under which the other suppliers provide their services.

8. CONTENT

The Content displayed on the Platform that is created by the RAPS is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the RAPS and the copyright owner.
The Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any User who is found to be misusing the content displayed on the Platform in manner including but not limited to reproducing it in an unauthorized manner or misrepresenting the same as their own.
The User shall be solely responsible for making good any financial losses or legal expenses incurred through the creation/sharing/submission of Content in the form of reviews or recommendations or part thereof that is deemed to be untrue/inaccurate/misleading. All the information provided by the User about themselves should be up to date and authentic.

9. RESERVATIONS AND PAYMENTS

Upon receipt of the signed reservation form from the User and upon their payment of the deposit, the RAPS will subject to availability, reserve the place for safaris /tours/workshops set out the title description of registration form. The balance of the tour price is to be paid by the User no later than 120 days prior to departure (or as the date stated on the website and your invoice).

10. PAYMENT

Charges

Registration on the Platform is free of cost at present. However, in case of subscription of service, the Customer shall pay an amount for the subscription to the services availed through the Platform directly to the RAPS in any of the prescribed modes of Payment Methods

Net Banking
Online Payment Gateways: PayPal

The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. An additional processing charge of 2.5% would be levied on the payments made and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions. Currently the payment gateway through which payments are processed on the Platform is PayPal but the same may be changed at any point of time at the sole discretion of the Platform. Any change in information with regard to the third-party payment gateway will be updated on the Platform by the RAPS.
The User cannot seek a refund on the payment or cancellation of services made at any point of time. The only ground on which the RAPS shall process a refund is when payment has been deducted twice from the User’s account.

11. TERM & TERMINATION

These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.

A User may terminate their use of the Services and the Platform at any time but if they are linked to the platform through a diagnostic laboratory, then they shall be delisted from the database of Users by the platform only after the diagnostic laboratory approves of the same.
The RAPS may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit the Platform’s right to take any other action against User that the RAPS considers appropriate.
It is also hereby declared that the RAPS may discontinue any and all of the Services and Platforms without any prior notice.
In the event of a change in ownership of the RAPS by means of a merger, acquisition or any other means of Business transfer, the policies and terms of Use for the Platform made effective by the new management shall come into force. The RAPS will not be required to provide any form of prior notice or intimation of the same or seek consent for the same from the users.
RAPS reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other Users to the Platform.
RAPS reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

12. COMMUNICATION

By using the Services and Platforms, and providing his/her identity and contact information to the RAPS through the Platform, the Users hereby agrees and consents to receive calls, e-mails or SMS from the RAPS and/or any of its representatives at any time.
Customer can report to the RAPS any grievances or suggestions that they have through e-mail on [email protected]. If they find any discrepancy with regard to Service-related information, the RAPS will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.

13. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted User of this Platform and that they:

Agree to provide genuine credentials during the process of registration on the Platform. They shall use the services of the RAPS only with the intent of availing the services provided through the Platform or for seeking access to the content provided by the platform.
Agree to ensure the email address, address, contact information and any other information provided to the RAPS is accurate and up-to-date.
Agree that they are solely responsible for maintaining the confidentiality of their account password. The User has to notify the RAPS immediately of any unauthorized use of their account. We reserve the right to close your account at any time for any or no reason.
Agrees, understands and authorizes the RAPS the right to take photographs or videos during the operation of any tour/workshop and use the images taken for promotional purposes, including, but not limited to publicity and advertising in both electronic and print media. If the User does not wish the images to be used by the RAPS for publicity purposes then they would be required to provide written communication regarding the same to the RAPS at the start of the tour. Where there is no communication in this regard made to the RAPS it shall be implied by them as consent.
Agree and understand that they will have to strictly abide by the age limitations set out in the itinerary and misrepresentation in this regard will lead to their tour booking being cancelled by the RAPS.
Authorize the Platform to use, store or otherwise process certain personal information, Offer redemption's, reviews and ratings, experience stories for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
Agree that they shall comply with the taxation norms of the country travelling to as a part of the tour or safari and shall pay the due taxes as charged in the country.
Agrees that when making bookings for a group will responsible for clearing the defaults of any and all members of the group due to the RAPS.
Will not hold the RAPS or Platform responsible for any injury or trauma caused due to attack from wild animals. Further agrees to comply with the safety instructions of the tour leaders and will themselves be solely responsible for damages occurring due to noncompliance with instructions.
Will be solely responsible for ensuring the validity of their passport, obtaining visa permits and all other travel requisites including but not limited to medical evaluation and vaccinations in accordance with the country they would be travelling to for the Safari.
Agree that the RAPS may have to change the rates charged for the tour packages based on the currency exchange rate fluctuations.
Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
Users expressly consent to not involve the RAPS in any dispute that arises between the User and local third-party vendors in the place travelling with regard to the services delivered.
Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the RAPS or Platform shall not be responsible for any resultant losses suffered.

Further:

The User hereby expressly authorizes the RAPS/Platform to disclose any and all information relating to the User in the possession of the RAPS/Platform to law enforcement or other government officials, as the RAPS may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. The User further understands that the RAPS/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
By indicating User’s acceptance to purchase any service offered on the site, the user is obligated to complete such transactions after making payment. Customers shall be prohibited from indicating their acceptance to purchase services where the transactions have remained incomplete.
The User agrees to use the services provided by the RAPS, its affiliates, consultants and contracted companies, for lawful purposes only.
The Users agree to provide authentic and true information. RAPS reserves the right to confirm and validate the information and other details provided by the User at any point of time. If found to be false the User’s account shall be suspended.
The User agrees not to post any material on the website that is defamatory, offensive, obscene, pornographic, indecent, abusive, or needlessly distressful, or advertising any goods or services prohibited by the law. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
belongs to another person and to which the User has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophile, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging , or otherwise unlawful in any manner whatever; but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
violates any law for the time being in force;
deceives or misleads the other users

14. DO’S AND DON’TS ON THE PLATFORM

The Platform shall provide services related to wildlife safaris and wild life photography tours through the platform as set out in Clause 4 of the Terms and Conditions of Use. Hence the list of do’s and don’ts limit what the User can and cannot do with the services offered on the Platform.

Do’s

The Users agrees that they will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information on the Platform and keep it updated;
Use their real names and authentic contact information at the time of availing the services offered on the Platform.
Use the Services in a professional manner and lawful manner.

Don’ts

Users agree that they will not:

Create a false identity on the Platform, misrepresent your identity, create a Member profile for anyone other than that of themselves (a real person), or use or attempt to use another User’s account;
Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Platform;
Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
Copy, use, disclose or distribute any information obtained from the Platform or through the Services offered, whether directly or through third parties (such as search engines), without the consent of the RAPS;
Disclose information that User does not have the consent to disclose (such as confidential information of any third party;
Violate the intellectual property rights of any third Party, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
Violate the intellectual property or other rights of the Platform, including, without limitation:

Copying or distributing any content generated by the Platform or other materials or
Copying or distributing our technology, unless it is released under open source licenses;
Using the name of the RAPS or its logos in any business name, email, or the name of the platform and its associated logos and trademarks;

Post anything that contains software viruses, worms, or any other harmful code;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Imply or state that the User is affiliated with or endorsed by the RAPS or Platform without seeking the express consent of the RAPS;
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without RAPS’s express consent;
Deep-link to the Services of the Platform for any purpose other than to promote the User’s profile or a Group on our Services, without the RAPS’s consent;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Violate the Terms and conditions and Privacy Policy of the Platform or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

15. LIMITATION OF LIABILITY

The Founder and other individuals Associated with RAPS/Platform are not responsible for any consequences arising out of the following events:

If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
If the Member has fed incorrect information or data or for any deletion of data;

If there is an undue delay or inability to communicate through email;
If there is a failure in the functioning of any other service provided by the Platform.
The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the Member, the Member’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the Member through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
Members are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

16. INDEMNIFICATION

The User agrees to indemnify and hold harmless the RAPS, its directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violation of any provisions of the said Terms and Conditions, or any other claims related to your use of the Services, except where such use is authorized by the RAPS.

17. LIABILITY RELEASE ASSUMPTION OF RISK AND CONDUCT

In consideration for being accepted to participate on this safari/tour designed, organized, and coordinated by RAPS, the User acknowledges agrees that:

The User has voluntarily chosen to participate on this safari / tour. Although RAPS has taken all reasonable steps to provide guidance and resources so participants can participate in the activities planned, the User agrees and acknowledge that such a Safari/Tour / Workshop is not without risk. I understand that RAPS cannot guarantee the User’s personal health or safety during my participation in this Safari/ Tour/ Workshop.

Safari/Tour/Workshop participants may require to travel to remote regions and wildlife reserves/parks, where they may be subject to numerous risks. encounters with wild animals, environmental hazards, political unrest, hazards of travel to, may be exposed to crime, exposure to communicable diseases such as Malaria, Tetanus, Hepatitis, Yellow Fever and otherwise. The User understands the description of these risks is not complete and other unknown or unanticipated risk may result in injury, illness, or economic loss.

The User is participating on this Safari/Tour/Workshop on a purely voluntary basis. The User is specifically familiar with and accept the risks of the dangers and hazards inherent in partaking in photo Safari/Tour/Workshop, they have chosen to participate. To partake of the enjoyment and excitement of the Safari/Tour/Workshop, the User will accept the risk and uncertainty involved as an integral part of my Safari/Tour. The User assumes full responsibility for all risk associated with their participation on this photo Safari/Tour.

The User agrees to hold harmless, release, and forever discharge the safari tour designer, organizer, coordinator, and subcontractors from and against any and all claims, demands, and causes of actions of whatever kind User may have included, but not limited to illness, bodily injury, imprisonment, death, and loss of personal property, or the consequences thereof, resulting from or in any way connected with my participation in the Safari/Tour/Workshop.

The User understands and agrees the safety of themselves and other participants in the activities, safari/ or workshop with RAPS depends on the User promptly complying with all the rules and directions of the leader(s). I further understand and agree any conduct of mine in violation of the rules and directions of the Safari/Tour/Workshop or its leader(s) and/or which constitutes disruptive, disorderly, or rude behavior in the opinion or determination of the safari leader(s) will cause the User’s immediate removal from the safari without further participation or refund of payment. The User further agrees to sign and certify any acknowledgment and letter as may be required by RAPS for the validating or making the said clause effective.

By signing below, I certify I am at least 18 years of age, and I have carefully read this “Acknowledgement of Risks, Release from Liability, and conduct agreement” and understand it.

18. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.

19. FORCE MAJEURE

Neither the RAPS nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to causes beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, Internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

20. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the RAPS, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Norwest, Australia.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations governing the territory of Australia.

21. JURISDICTION

The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of Norwest, Australia.

22. GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the RAPS by the User by emailing to [email protected].

23. MISCELLANEOUS PROVISIONS

Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the RAPS with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at [email protected].

Terms and Conditions…