Terms and Conditions

Terms and Conditions

By accessing our app “Explorify” and/or our website www.explorify.pk, you agree to be bound by the provisions of these Terms & Conditions. The domain name, website and App is owned, registered and operated by “Explorify SMC Pvt. Ltd.” a private company incorporated under section 16 of Companies Act, 2017 (XIX of 2017) having Corporate Unique Identification Number 0153557.

These terms and conditions of use are between the Company and the User(s), who are registered with us or who use the Website and/or the App. The User(s) can be:

1. A Tourist (Looking for tourism services available on our Website and App)
2. A Host(Offering his/her services related to tourism like: Transportation, Accommodation, Tour Packages and Tour Guide services.

Please read these Terms & Conditions as they shall govern your use of the “Explorify” website and App.

Service

1. These Terms & Conditions apply to all Users of the Service, including Tourists and Host
2. The website and/or App is an online platform that supports and facilitates the online booking of tourism services by website and/or App users (Tourists) created / listed by website and/or App users (Host). You agree and acknowledge that “Explorify” has no control over and assumes no responsibility for the users (Host) services. By using the service, you expressly relieve “Explorify” from any and all liability arising from the users (Host) services.
3. The service may include or contain links to any third party websites that may or may not be owned or controlled by “Explorify” and assumes no responsibility for, the services, privacy policies or practices of any third party websites.
4. Subject to these Terms and Conditions, “Explorify” hereby grants the users a limited, non-transferable, non-exclusive, limited privilege to use this Website and/or App.
5. You agree and acknowledge that “Explorify” shall have the right at any time to change or discontinue any aspects or features of the Website and/or App, including, but not limited to, the Users (Host) Services, hours of availability and equipment needed for access or use. “Explorify’ reserves the right to refuse access to the Website and/or App, terminate account, remove or edit services without any notice to You.

Explorify Accounts:

In order to access some of the features of the Service, you may have to create your account with “Explorify”. You agree and confirm that you will never use another User’s account without permission of the said user. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify “Explorify” immediately of any breach of security or unauthorized use of your account. At no point in time will “Explorify” be liable for your losses caused by any unauthorized use of your account; you shall solely be liable for the losses caused to “Explorify” or others due to such unauthorized use, if any. “Explorify” has no responsibility for any User (Host) Services uploaded by them on our Website and/or App, and further the

Access, Permissions and Restrictions:

Explorify” hereby grant you permission to access and use the service as set forth in these Terms & Conditions, provide that:

1. You agree not to distribute in any medium any part of the Service or Content without “Explorify” prior written authorization.
2. You agree not to alter or modify any part of the Service Template fixed by “Explorify”.
3. You agree not to access Services of any other user (Host) through any technology or means other than the video and pictures playback pages of the service itself.
4. You agree not to use the Service for any of the following commercial uses unless you obtain “Explorify” prior written

Approval:

I. The sale of access to the Service.
II. The sale of advertising, sponsorships or promotions placed on or within the Service.
III. The sale of advertising, sponsorships or promotions on any page or website that provide similar service as that of “Explorify”.
5. You agree to installs and updates from time to time from “Explorify”. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit “Explorify” to deliver these to you) as part of your use of the Service.
6. You may post reviews, comments and other content, send other communications, and submit suggestions, ideas, questions or other information as long as the content is not illegal, obscene, threatening, invasive of privacy, political campaigning, mass mailing or any other form of spam. Further you give “Explorify” limited, royalty free, worldwide, non-exclusive license to use the users (Host) services in developing its marketing or promotional activities.
7. In your use of the service, you will all times comply with all applicable laws and regulations.
8. “Explorify” reserves the rights to discontinue any aspects of the Service at any time with or without notice at its sole discretion.

Content and Conduct:

1. As an “Explorify” user you may submit Content on the Services, including pictures, videos and user comments. You understand that “Explorify” does not guarantee any confidentiality with respect to any User Content you submit.
2. You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the Service. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permission to publish the User Content that you submit.
3. For clarity, you retain your ownership rights in your User Content, However, by submitting User Content to “Explorify”, you hereby grant “Explorify” a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, display, publish, adapt, make available online or electronically transmit. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the service.
4. You further agree that User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant “Explorify” all of the license rights granted herein.
5. Further you confirm that the Content uploaded by you is not:
I. False, inaccurate or misleading.
II. Infringe any third party’s copyright patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
III. Violate any law, statue, ordinance or regulation.
IV. Defamatory, unlawfully threatening or unlawfully harassing.
V. Obscene or contain pornography.
VI. Contain any virus, Trojan horses or other computer programming routines that may damage or interfere with data or personal information.
6. You should understand and confirm that you shall not during your use of the Services at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a Tourist or Host. If at any given point it comes to the notice of “Explorify” that you are engaged in any kind of harassment of other User, then in such a case you agree that “Explorify” shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
7. “Explorify” at its sole discretion may process any visual content uploaded by you to the Service to confirm if the same is in accordance with the “Explorify” internal quality requirements.
8. “Explorify” does not endorse any User (Host/Tourist) content submitted to the Service by any User (Host/Tourist) or other licensor, or any opinion, recommendation or advice expressed therein, and “Explorify’ disclaims any and all liability in connection with User (Host/Tourist) Content.

Payment Terms:

If you as a Host have uploaded any services, then in consideration for the successful booking/purchasing by Tourist, “Explorify” shall make payment, if eligible, for the same based on the payment structure communicated to you from time to time.
If you as a Tourist has registered and booked/purchased any services, then you have to make all the required payments for the said services within the timelines mentioned on the page of the respective services.
Payments shall be made within the timelines that are communicated to you. All payments made herein, shall be subject to applicable taxes and non-refundable.

Electronic Communication:

When you visit “Explorify” or send us email, you are communicating with us electronically. By such communication you consent to receive communication from us electronically. We will communicate with you by email or posting notices on the Website and/or App. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.

Account Termination:

“Explorify” will terminate a User’s access to the service, if:
1. The user is a repeat copyright infringer.
2. The user breaches any terms of those Terms and Conditions.
3. Violation of any applicable law.
4. Your use of the Service disrupts our business operations or affects any other User (Host/Tourist).
5. You behaved in way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against “Explorify’.

Copyright Infringement:

1. “Explorify” operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party.
2. As part of “Explorify” copyright policy, “Explorify” will terminate user access to the Website and/App if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
3. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions in copyright policy on how to make a claim of copyright infringement.
4. Notice of Copyright Infringement:
We are an intermediary platform that allows general public to offer their tourism related services using our online platform (Website and/or App). We have implemented procedures for receiving written notifications of claimed infringement on the content uploaded on our online platform. If you believe in good faith that your copyright has been infringed, you may provide us with written communication which contains:
i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
ii. A description of the copyrighted work that you claim has been infringed upon.
iii. A description of where the material that you claim is infringing is located on the website, including the User (Host/Tourist) name and details of the infringing content.
iv. Your email address, your physical address and your telephone number.
v. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright
owner, its agents or the law.
vi. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please submit your notice to our copyright agent as follows: Email us at: info@explorify.co

Our policy to deal with Copyright infringement:

We follow a two step strict policy which is;
1. First case of violation – The services of User (Host/Tourist) is taken and user is given a warning and is suspended for 10 days for offering/ listing any new services.
2. Second case of violation – The User is banned from the platform and will be unable to offer/list anymore services.

Disclaimer:

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, “EXPLORIFY”, IT’S OFFICES, DIRECTORS, EMPLOYEES AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, “EXPLORIFY” EXCLUDE ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR CONTENT OF ANY SITE SO LINKED AND ASSUMES NO LIABLITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACY OF USER’S CONTENT. (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. (3) ANY BUGS, VIRUSES, TROJAN HORSES OR SAME OTHERS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY.
“EXPLORIFY” DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUMES RESPONSIBILITY FOR ANY SERVICES ADVERTISED OR OFFERED BY A THIRD PATYY THROUGH OUR SERVICE OR ANY HYPERLINKED SERVICES OR FEATURES IN ANY BANNER, PICTURE, VIDEO OR OTHER ADVERTISING.

Eligibility to use and Acceptance of the Terms & Conditions:

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms & Conditions and to abide by and comply with these Terms & Conditions. If you are under 18 years of age, then please talk to your parents before using this service (Website and/or App).
“Explorify” reserves the right to refuse access to use the Service offered at the Website and/or App to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reason for doing so. We provide these Terms & Conditions with our service so that you know what terms apply to our use. You acknowledge that we have given you a reasonable opportunity to review these Terms & Conditions and that you have agreed to them. You agree and acknowledge that your use of the Website and/or App and the Services is subject to the most current version of the Terms & Conditions made available on the Website and/or App at the time of such use.