Terms and Conditions

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Modification of Terms

• Orca Sail, reserves the right to change, modify or alter, at any time, the terms and conditions of this User Agreement, Privacy Policy and the Terms, Conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing the concerned terms and conditions.

Fees Payment

• Orca Sail further reserves the right to alter any and all fees from time to time, without notice.
• The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services.

Payment Options  

• Visa, Master and American express Card payments are processed through an online payment gateway system. You need not worry about your card information falling into the wrong hands because your bank will authorize the card transaction directly without any information passing through us. In approximately 25-30 seconds (depending on your internet connection) your bank will issue, using the online payment gateway, an authorization code and confirmation of completion of transaction. If the payment on the credit card is declined for some reason, alternate payment instructions must be received by Orca Sail 72 hours prior to the time of departure/check in; else, the booking is liable to be cancelled. Orca Sail charges a service fee on all booking made by the User. In case of cancellation of booking, this fee is non-refundable.Internet Banking If you have an account with any of the below mentioned banks, then you can pay for your booking through respective bank's net banking options and the amount will be automatically debited from your account. Orca Sail processes the payments through an online gateway system which enables safe and secure transaction. Bank is not responsible for any inconvenience caused or non receipt of the tickets /vouchers or passengers not allowed on the basis of e-tickets /vouchers.

How do I get a refund after canceling my appointment?

• After canceling your appointment by calling the customer service, you will forward the email which you received from the system and request for refund. On receiving this, based on the cancellation policy, the refund shall be processed within 30 days from the date of receipt.

Limited User

• The User hereby agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.
• The User further agrees and undertakes not to reverse engineer, copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Orca Sail is stated as the      source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

Disclaimer of Warranties /Limitation of Liability

• Orca Sail Boats Pvt Ltd, will endeavor to ensure that all the information provided by it is, to the best of its knowledge, correct. However, Orca Sail or any of its associates neither warrants nor makes any representations regarding the quality, accuracy or completeness of the information or data. Orca Sail or any of its associates makes no warranty, express or implied, concerning the website and/or its contents, and disclaims all assurances of fitness for a particular purpose and guarantees of merchantability in respect of services, including any liability, responsibility or any other claim, in respect of any loss, whether direct, indirect or consequential, to any User or any other person, arising out of or from the use of any such information.
• To the extent Orca Sail Boats Pvt Ltd acts only as a facilitator of the Services which are being offered an rendered by third party Service Providers, it shall not have any liability whatsoever for any aspect of the arrangements between the Service Provider and the User as regards the standards, quality, fitness, merchantability, consequences of the use of the Services provided by the Service Providers. In no circumstances shall Orca Sail be liable for the Services provided by the Service Provider.
• Although Orca Sail makes efforts to ensure that the description and content in the TOS and on each pages of the Website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein. Also, Orca Sail is not the Service Provider and cannot therefore control or prevent changes in the published descriptions or oral representations, which are always based upon information provided by the Service Providers.
• Orca Sail Boats Pvt Ltd, does not, by facilitating the Services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
• Orca Sail does not, by facilitating the Services represents or warrants that the use of Service is without any risk, and shall not be liable for damages or losses that may result from User's use of Services.
• In no event shall Orca Sail, be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the Services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing Services from Orca Sail.
• Neither shall Orca Sail be responsible for the delay or inability to use the Website or Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained from Orca Sail, whether based on contract, tort, negligence, strict liability or otherwise. Further, Orca Sail shall not be held responsible for nonavailability of the Website during periodic maintenance operations or any unplanned suspension of access to the Services that may occur due to technical reasons or for any reason beyond the control of Orca Sail. The user understands and agrees that any material and/or data downloaded or otherwise obtained from Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to his/her/its computer systems or any other loss that results from such material and/or data.
• These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages     arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
• The maximum liability including consequential losses, damages or additional expenses whatsoever, on part of Orca Sail, arising under any circumstances, in respect of any Services availed by the User, shall be limited up to a maximum of the refund of total amount received by Orca Sail, from the User for availing the concerned Service less any cancellation, admin, bhank or others charges, that may be applicable at the time.
• Orca Sail, holds no responsibility for any of the User Generated Content on the website. Orca Sail, neither warrants nor makes any representations concerning the      quality or accuracy of the User Generated Content on the website. Orca Sail, is not liable for any User Generated Content which may be deemed as vulgar, profane or harmful.

Prohibition Against Unlawful Use

• As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

Use of Communication Services

• The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
• upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
• advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
• violate any applicable laws or regulations for the time being in force in or outside India; and
• violate any of the terms and conditions of this User Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

Orca Sail

• Orca Sail, will review materials posted through Communication Service and shall remove any materials in its sole discretion. Orca Sail, reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
• Orca Sail, reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in  sole discretion.
• Orca Sail, does not control or endorse the content, messages or information found in any Communication Service and, therefore, Orca Sail, specifically disclaims any liability or responsibility whatsoever with regard to the Communication Services and any actions resulting from the user's participation in any Communication Service.
• Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself  udated of and adhering to such limitations if they download the materials.
• When you register with Website, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/ information of such products/services that we believe may benefit you.

Termination/Access Restriction

• Orca Sail, reserves the right, in its sole discretion, to terminate the access to the Website and the related services or any portion thereof at any time, without notice.

User's Obligations and User Account

• The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
• To avail a Service through the Website, the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider's charges which are to be exclusively borne by the User.
• The User also understands that the Services may include certain communications from Orca Sail, as service announcements and administrative messages. The user understands and agrees that the Services are provided on an "as is" basis and that Orca Sail, does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
• Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user ID and password. The User agrees and undertakes at all times to be      responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of      such password or user id. Further, the User agrees not to use any other      party's user id and password for any purpose whatsoever without proper      authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password      through our Services. The Password entered by you is transmitted in one-      way encrypted form to our database and stored as such. Thus the Password will not be known even to Orca Sail,. You confirm that you are the authorised holder of the credit card or the original account holder used      in the transactions you make using the Orca Sail, Services. Orca Sail, will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Orca Sail,.
• The user also agrees and      undertakes to immediately notify Orca Sail, of any unauthorized use of the      user's password or user id and to ensure that the user logs off at the end      of each session at the Website. Orca Sail, shall not be responsible for      any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
• The User also agrees to: (a)      provide true, accurate and complete information about himself and his      beneficiaries as prompted by the registration form ("Registration      Data") on the Website; and (b) maintain and promptly update the      Registration Data to keep it true, accurate, current and complete. If the      User provide any information that is untrue, inaccurate, not current or      incomplete or Orca Sail, has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Orca Sail          has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
• Furthermore, the User grants Orca      Sail, the right to disclose to third parties Registration Data to the      extent necessary for the purpose of carrying out the Services.

Breach

• Without prejudice to the other      remedies available to Orca Sail under this User Agreement, the TOS or under applicable law, Orca Sail, may limit the user's activity, or end the      user's listing, warn other users of the user's actions, immediately      temporarily/indefinitely suspend or terminate the user's registration,      and/or refuse to provide the user with access to the Website if:
• the user is in breach of this User Agreement, the TOS and/or the documents it incorporates by reference;
• Orca Sail, is unable to verify or authenticate any information provided by the user; or
• Orca Sail, believes that the user's actions may infringe of any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the Website and/or Orca Sail and its subsidiaries. 
• Orca Sail, may at any time in its sole discretion reinstate suspended users. Once the user have been      indefinitely suspended, the user may not register or attempt to register      with Website/ Orca Sail, or use the Website in any manner whatsoever until such time that the user is reinstated by Orca Sail, Notwithstanding the foregoing, if the user breaches this User Agreement, the TOS or the documents it incorporates by reference, Orca Sail, reserves the right to recover any amounts due and owing by the User to Orca Sail, and/or the Service Provider and to take strict legal action as Orca Sail, deems necessary.

Rights

• Orca Sail, may provide the User      with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Orca Sail, and shall not copy, transmit or create derivative works of such material without express authorization from Orca Sail.
• The User acknowledges and      agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other      proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The      unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

Relationship

• None of the provisions of this User Agreement, TOS, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a      partnership between the User and Orca Sail, and no party shall have any      authority to bind or shall be deemed to be the agent of the other in any      way. It may be noted, however, that if by using the Website, the User      authorizes Orca Sail, and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Orca Sail, and its agents as their agent for this purpose.

Headings

• The headings and subheadings      herein are included for convenience and identification only and are not      intended to describe, interpret, define or limit the scope, extent or intent of this User Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Interpretation of Number and Genders

• The terms and conditions contained herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include",  includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein",      "hereof", "hereto", "hereunder" and words of similar import refer to this User Agreement as a whole.

Indemnification

• The User agrees to indemnify,      defend and hold harmless Orca Sail, from and against any and all losses,      liabilities, claims, damages, costs and expenses (including legal fees and      disbursements in connection therewith and interest chargeable thereon)      asserted against or incurred by Orca Sail, that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any      representation, warranty, covenant or agreement made or obligation to be      performed by the User pursuant to this User Agreement and/or the TOS.

Severability

• If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.

Termination of Agreement and Services

• Either the User or Orca Sail, may terminate this User Agreement and a Service with or without cause at any time to be effective immediately.
• The User agrees that Orca Sail, may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this User Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
• This Use Agreement may be terminated by either the User or Orca Sail, through a written notice to the other. Orca Sail, shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this User Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/ Service; and (b) notify Orca Sail, of such discontinuance.
• Upon termination of the Service, User's right to use the Website/ Services and software shall immediately cease. The User shall have no right and Orca Sail, shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.

Notices

• All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile (with acknowledgment of complete transmission) to the following address or via email to Sailing at orcasail dot com and/or at the address posted on the Website.
• If to a non registered User, at the communication and/or email address specified in the application form availing of Orca Sail Service.
• If to a registered User, at the communication and/or email address specified in the registration form. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.