AGREEMENT TO TERMS

Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you, whether individually or on behalf of an entity (“you”), and Trekupindia (“Company,” “we,” “us,” or “our”), governing your access to and use of the website located at https://www.trekupindia.com, including any related media forms, mobile websites, or mobile applications (collectively, the “Site”).

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Site and must discontinue use immediately.

We may update or revise these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Site, and the “Last updated” date at the top will reflect the latest version. You waive any right to receive specific notice of each such change. It is your responsibility to regularly review the Terms to remain informed. Your continued use of the Site after such changes means you accept and agree to the updated Terms.

The information provided on the Site is not intended for distribution to or use by anyone in jurisdictions or countries where such use would violate laws or regulations or require us to meet registration requirements in those jurisdictions. If you choose to access the Site from outside India, you do so at your own initiative and are solely responsible for complying with any applicable local laws.

Users who are considered minors in their jurisdiction (generally under the age of 18) must have the permission and direct supervision of a parent or legal guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms on your behalf before you use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site and all of its content—including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”)—as well as all trademarks, service marks, and logos featured on the Site (the “Marks”), are the exclusive property of Trekupindia or are licensed to us. These materials are protected by copyright, trademark, and other intellectual property laws, including those of the United States and international treaties and conventions.

The Content and Marks are provided on the Site “as is” for your personal, non-commercial use only. Except as expressly permitted in these Terms, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, the Content, or the Marks for any commercial purpose without our prior written consent.

As long as you are eligible to use the Site, you are granted a limited, non-exclusive, non-transferable license to access and use the Site. You may download or print a single copy of any Content you have lawful access to, but only for your personal, non-commercial use.

We reserve all rights not expressly granted to you with respect to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. You have the legal capacity to enter into these Terms and you agree to comply with them.

  2. You are not considered a minor under the laws of your jurisdiction; or, if you are a minor, you have obtained permission from a parent or legal guardian to use the Site.

  3. You will not access the Site using automated or non-human methods, including but not limited to bots, scripts, or other similar technologies.

  4. You will not use the Site for any unlawful or unauthorized purpose.

  5. Your use of the Site will comply with all applicable laws and regulations.

  6. All registration information you provide will be true, accurate, current, and complete at the time of submission and will be kept up to date.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than those for which we make it available. The Site is not to be used in connection with any commercial endeavors, except for those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Use any information obtained from the Site to harass, abuse, or harm others.

  2. Misuse our support services or submit false reports of abuse or misconduct.

  3. Engage in any activity that could harm or disrupt the Site, its services, or its users.

PRIVACY POLICY

We value your privacy and the security of your data. By using the Site, you agree to be bound by our Privacy Policy, which is posted on the Site and is incorporated into these Terms of Use.

Please note that the Site is hosted in India. If you access the Site from any region with laws or regulations governing personal data collection, use, or disclosure that differ from those in India, you acknowledge and agree that by continuing to use the Site, you are transferring your data to India. You also consent to your data being processed under Indian laws.

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and are solely responsible for all activity that occurs under your account and password.

We reserve the right to remove, reclaim, or change any username you select if, in our sole discretion, we determine that the username is inappropriate, obscene, or otherwise objectionable.

USER GENERATED CONTRIBUTIONS

The Site may offer features such as blogs, message boards, online forums, and other functionalities that allow you to chat, contribute, or participate in content creation. These features may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “Contributions”). Your Contributions may be viewable by other users of the Site and through third-party websites. Therefore, any Contributions you transmit may be treated as non-confidential and non-proprietary.

By creating or making available any Contributions, you represent and warrant that:

  1. The creation, distribution, transmission, public display, performance, accessing, downloading, or copying of your Contributions do not and will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.

  2. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users to use your Contributions in any manner contemplated by the Site and these Terms of Use.

  3. You have the written consent, release, and/or permission from every identifiable individual in your Contributions to use their name or likeness to enable inclusion and use of your Contributions as contemplated by the Site and these Terms.

  4. Your Contributions are not false, inaccurate, or misleading.

  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.

  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  8. Your Contributions are not used to harass or threaten any person, nor do they promote violence against a specific person or group.

  9. Your Contributions comply with all applicable laws, regulations, and rules.

  10. Your Contributions do not violate the privacy or publicity rights of any third party.

  11. Your Contributions do not solicit personal information from anyone under the age of 18, nor do they exploit minors in a sexual or violent manner.

  12. Your Contributions do not violate any law concerning child pornography or aim to protect the health and well-being of minors.

  13. Your Contributions do not include offensive comments related to race, national origin, gender, sexual orientation, or physical ability.

  14. Your Contributions do not link to or otherwise contain material that violates these Terms of Use or any applicable law or regulation.

Any use of the Site that violates these representations and warranties may result in termination or suspension of your rights to use the Site, as well as other consequences as determined by us.

CONTRIBUTION LICENSE

By posting your Contributions on any part of the Site or by linking your account on the Site to any of your social networking profiles, you automatically grant (and represent and warrant that you have the right to grant) to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to:

  • Host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions (including your image and voice, if applicable)

  • Create derivative works of or incorporate your Contributions into other works

  • Grant and authorize sublicenses for all of the above actions

This license applies to any form, media, or technology currently known or developed in the future, and includes the use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, or personal and commercial images you provide, as applicable.

You waive all moral rights in your Contributions and affirm that no such rights have been asserted.

Ownership:
We do not claim ownership of your Contributions. You retain full ownership of all intellectual property rights or other proprietary rights associated with your Contributions. However, by submitting Contributions to the Site, you acknowledge and agree that we are not responsible for any statements or representations made in your Contributions. You are solely responsible for your own content and expressly release us from any liability related to your Contributions. You also agree not to pursue any legal action against us regarding your Contributions.

Moderation Rights:
We reserve the right, in our sole discretion, to:

  1. Edit, redact, or otherwise modify any Contributions

  2. Re-categorize Contributions for better organization on the Site

  3. Pre-screen or delete Contributions at any time, for any reason, and without prior notice

Please note that we are under no obligation to monitor user Contributions.

MOBILE APPLICATION LICENSE

If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the mobile application on wireless electronic devices that you own or control. This license allows you to access and use the application strictly in accordance with the terms outlined in these Terms of Use.

You agree not to:

  1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.

  2. Modify, adapt, improve, enhance, translate, or create derivative works of the application.

  3. Violate any applicable laws, rules, or regulations in connection with your use of the application.

  4. Remove, alter, or obscure any proprietary notices, including copyright or trademark notices, from the application.

  5. Use the application for any revenue-generating activity, commercial enterprise, or other purpose not expressly intended.

  6. Make the application available over a network that allows access or use by multiple devices or users simultaneously.

  7. Use the application to create a competing product, service, or software.

  8. Use the application to send automated queries, unsolicited emails, or other unauthorized communications.

  9. Use our proprietary information, interfaces, or intellectual property to design, develop, manufacture, license, or distribute any applications, accessories, or devices that interact with the application.

Terms Specific to Apple and Android Devices

If you access the Site through a mobile application downloaded from the Apple App Store or Google Play (each an “App Distributor”), the following terms apply:

  1. The license granted is limited to a non-transferable license to use the app on a device running Apple’s iOS or Google’s Android OS, and must comply with the usage rules in the App Distributor’s terms of service.

  2. We, not the App Distributor, are solely responsible for providing any maintenance and support for the mobile application, as specified in these Terms or as required by law.

  3. In the event of a failure of the application to meet any applicable warranty, you may notify the App Distributor. In accordance with its policies, the App Distributor may refund the purchase price (if any). To the maximum extent permitted by law, the App Distributor has no other warranty obligations.

  4. You represent and warrant that:

    • You are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country.

    • You are not listed on any U.S. government list of prohibited or restricted parties.

  5. You must comply with applicable third-party terms of agreement when using the application (e.g., not violating a wireless data service agreement when using a VoIP app).

  6. You acknowledge and agree that each App Distributor is a third-party beneficiary to these Terms regarding the mobile application, and may enforce those terms against you.

SOCIAL MEDIA

As part of the Site’s functionality, you may link your account with certain online accounts you have with third-party service providers (each, a “Third-Party Account”) by either:

  1. Providing your Third-Party Account login credentials through the Site, or

  2. Authorizing us to access your Third-Party Account, as permitted under the terms and conditions that govern your use of that Third-Party Account.

By doing so, you represent and warrant that:

  • You are authorized to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account.

  • Doing so does not violate the terms and conditions of that Third-Party Account.

  • Granting us access does not obligate us to pay any fees or make us subject to any usage restrictions imposed by the third-party provider.

Once connected, you acknowledge and agree that:

  1. We may access, use, and (if applicable) store content from your Third-Party Account (“Social Network Content”) so that it can be displayed on and through the Site, including but not limited to friend lists and related profile information.

  2. We may exchange additional information between your Third-Party Account and the Site, to the extent you are notified at the time you link the accounts.

Depending on the Third-Party Accounts you use and your privacy settings within them, personally identifiable information you post on those accounts may also be shared via your profile on the Site.

If your Third-Party Account becomes unavailable or access is revoked by the provider, any associated Social Network Content may no longer be available on the Site. You can disable the connection between your Site account and your Third-Party Accounts at any time via your account settings or by contacting us directly.

Please Note:
Your relationship with the providers of your Third-Party Accounts is governed solely by your agreements with them. We are not responsible for, nor do we monitor, any Social Network Content for accuracy, legality, or compliance.

Additionally, you agree that we may access your email address book and contact list associated with any Third-Party Account or stored on your device solely to identify contacts who are also registered users of the Site.

Upon deactivation of your linked Third-Party Account, we will make reasonable efforts to delete information obtained through that account, except for your username and profile picture, which may remain associated with your Site account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to us regarding the Site (collectively, “Submissions”) are non-confidential and shall become our sole and exclusive property.

By submitting any such content, you understand and agree that:

  • We will own all rights, including all intellectual property rights, in and to the Submissions.

  • We may use and disseminate the Submissions for any lawful purpose, including commercial purposes, without acknowledgment, attribution, or compensation to you.

  • You waive all moral rights in any such Submissions.

  • You represent and warrant that the Submissions are your original work, or that you have the legal right to submit them.

You further agree that you will not pursue any legal action against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to take the following actions at any time and for any reason, in our sole discretion:

  1. Monitor the Site for violations of these Terms of Use.

  2. Take appropriate legal action against anyone who violates the law or these Terms, including, without limitation, reporting such individuals to law enforcement authorities.

  3. Restrict or revoke access to any Contributions or portions thereof, including refusing to post, removing, or disabling access, without prior notice and to the extent technologically feasible.

  4. Remove or disable files and content that are excessively large or otherwise place an unreasonable burden on our systems, without prior notice or liability.

  5. Manage the Site in a manner intended to protect our rights and property and to ensure the proper operation and functionality of the Site.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect for as long as you use the Site.

Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking specific IP addresses), to any person for any reason or for no reason at all. This includes, but is not limited to, violations of:

  • Any representation, warranty, or covenant set forth in these Terms of Use, or

  • Any applicable law or regulation.

We may terminate your use of or participation in the Site, or delete your account and any content or information you have posted, at any time and without prior notice, at our sole discretion.

Prohibited Re-Registration

If your account is suspended or terminated for any reason, you are strictly prohibited from registering and creating a new account—under your own name, a fictitious or borrowed name, or the name of any third party—even if you may be acting on behalf of that third party.

In addition to terminating or suspending your account, we reserve the right to pursue any appropriate legal remedies, including civil, criminal, and injunctive action.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time, for any reason, and at our sole discretion, without prior notice. While we may update information on the Site from time to time, we are under no obligation to do so.

Additionally, we reserve the right to modify, suspend, or discontinue all or any part of the Site at any time, without notice. You agree that we shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Site or any of its services or features.

Site Availability

We do not guarantee that the Site will be available at all times. You acknowledge that:

  • The Site may experience technical issues, including hardware or software failures, maintenance interruptions, or other delays or disruptions.

  • We reserve the right to revise, update, suspend, discontinue, or otherwise modify the Site at any time and for any reason, without notice to you.

You agree that we shall have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any period of downtime or discontinuance.

Nothing in these Terms of Use shall be interpreted as obligating us to maintain or support the Site, or to provide any specific updates, corrections, or future releases.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

You and Trekupindia hereby irrevocably agree that the courts of India shall have exclusive jurisdiction to resolve any dispute, claim, or controversy arising out of or in connection with these Terms or your use of the Site.

DISPUTE RESOLUTION

Binding Arbitration

Any dispute, controversy, or claim arising out of or in connection with these Terms of Use — including any question regarding their existence, validity, or termination — shall be referred to and finally resolved by arbitration administered by the International Commercial Arbitration Court (ICAC) under the European Arbitration Chamber (located at Avenue Louise, 146, Brussels, Belgium), in accordance with its rules, which are deemed to be incorporated by reference into this clause.

  • The number of arbitrators shall be two (2).

  • The seat (legal place) of arbitration shall be Dehradun, India.

  • The language of the arbitration proceedings shall be English.

  • The governing law of the contract shall be the substantive law of India.

Restrictions on Arbitration

To the fullest extent permitted by law, the Parties agree:

  1. Arbitration shall be limited solely to the dispute between the Parties individually.

  2. No arbitration may be combined with any other proceeding or arbitration involving other parties.

  3. There shall be no right or authority to:

    • Arbitrate any claim as a class action,

    • Utilize class action procedures, or

    • Bring any claim in a representative capacity on behalf of the general public or any other individuals.

Exceptions to Arbitration

The Parties agree that the following types of disputes shall be excluded from the arbitration provisions above:

  • Disputes concerning intellectual property rights, including efforts to enforce or protect such rights, or determine their validity.

  • Disputes involving allegations of theft, piracy, invasion of privacy, or unauthorized use.

  • Claims for injunctive or equitable relief.

In the event that this arbitration clause or any portion thereof is found to be illegal or unenforceable, then such portion shall be severed, and the related dispute shall instead be resolved exclusively by a court of competent jurisdiction in accordance with the Governing Law and Jurisdiction clause above. The Parties hereby submit to the personal jurisdiction of such courts.

CORRECTIONS

The Site may, from time to time, contain typographical errors, inaccuracies, or omissions, including but not limited to errors in descriptions, pricing, availability, and other content or information.

We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

The Site is provided on an “AS-IS” and “AS-AVAILABLE” basis. By using the Site, you agree that your use of the Site and our services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations regarding the accuracy or completeness of the Site’s content or the content of any websites linked to the Site. We assume no liability or responsibility for:

  1. Errors, mistakes, or inaccuracies of content and materials.

  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site.

  3. Any unauthorized access to or use of our secure servers and/or any personal and/or financial information stored therein.

  4. Any interruption or cessation of transmission to or from the Site.

  5. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party.

  6. Any errors or omissions in any content or materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event will we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or any other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of:

  1. The amount paid, if any, by you to us in the six (6) months preceding the event giving rise to the claim; 

Certain U.S. state laws and international laws may not allow limitations on implied warranties or the exclusion or limitation of certain types of damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Your Contributions;

  2. Your use of the Site;

  3. Your breach of these Terms of Use;

  4. Any breach of your representations and warranties set forth in these Terms of Use;

  5. Your violation of the rights of a third party, including but not limited to intellectual property rights; or

  6. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. While we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Site, sending us emails, and completing online forms, you engage in electronic communications. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or on the Site, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You also waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that would otherwise require an original signature or the delivery or retention of non-electronic records, or that mandate payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use, along with any policies or operating rules posted by us on the Site or in relation to the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision. These Terms of Use shall be enforced to the fullest extent permissible by law. We reserve the right to assign any or all of our rights and obligations to third parties at any time.

We shall not be held responsible or liable for any loss, damage, delay, or failure to act due to causes beyond our reasonable control. If any provision or part of a provision in these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be severed from these Terms of Use, and the validity and enforceability of the remaining provisions shall not be affected.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us simply because we drafted them. You hereby waive any and all defenses you may have based on the electronic format of these Terms of Use or the lack of a signed agreement.

CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding its use, please contact us at:

Trekupindia
Dehradun Head Office:
10/2, Chandra Singh Rawat, Mohit Vihar, G.M.S. Road
Dehradun, Uttarakhand 248001, India

Email: info@trekupindia.com