Vacation Labs (www.vacationlabs.com) is a brand owned & operated by Mint Bird Technologies Private Limited. The term “Vacation Labs”, “Service”, “us”, “we” or “our” refers to the owner of the website. The term “you” refers to the user or viewer of our website.By using VacationLabs.com, or affiliated websites thereof, or subdomains thereof, you agree to be legally bound by these terms, which shall take effect immediately:
General
- Vacation Labs may change these Terms of Service at any time by posting changes online. Please review these Terms of Service regularly to ensure you are aware of any changes made by Vacation Labs. your continued use of VacationLabs.com, or affiliated websites thereof, or subdomains thereof, after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use VacationLabs.com content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of vacationLabs.com content requires the prior written permission of Vacation Labs.
- It is understood that the Customer has evaluated the products & services provided by Vacation Labs and found them to be fit for their use in a tour/activity business. Further, the product & services are being offered on an as-is basis, with no promise of future enhancements (unless explicitly agreed-upon in writing). Any future enhancements are at the sole discretion of Vacation Labs.
- It is understood that the products & services are being provided on a subscription basis and the subscription starts as soon as the tax-invoice is raised. While the Vacation Labs support team may extend reasonable help to the customer, it is ultimately the responsibility of the Customer to use the product & services.
- Any fees/charges do not include taxes that may be applicable and these will be additional, if any.
- All pricing proposals, when submitted to a Customer, are valid for 15 days from the day of submission unless mentioned otherwise.
- Vacation Labs shall not be liable for any failure of or delay in the performance of these terms or specific Customer contracts/agreement for the period that such failure or delay that is beyond the reasonable control of Vacation Labs, materially affects the performance of any of its obligations under said terms/contracts/agreements and could not reasonably have been foreseen or provided against. These circumstances include but are not limited to network outages, data-center outages, DoS attacks, DDoS attacks, fire, war, riots, floods, earthquakes, political instability, terrorism or any other acts of God.
Intellectual Property of Vacation Labs
- These terms or any Customer agreement/contract in no way establishes a sale or license of the Vacation Labs Platform. Further, access to said services & product is non-exclusive in nature.
- These terms or any Customer agreement/contract in no way transfers the intellectual property rights of Vacation Labs over the Vacation Labs Platform. All creative, copyright, and other intellectual property rights related to the Vacation Labs Platform shall vest with Vacation Labs.
- It is understood that even if custom development is commissioned by the Customer, all intellectual property rights of said work still remain with Vacation Labs. Vacation Labs will be under no obligation to share design, source code, know-how, work-plans, etc. of said work with the Customer. Further, access to said work is also non-exclusive in nature.
- It is understood that the customer or any representative of his, will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the platform via any means and shall not permit or induce the foregoing.
- It is also understood that the customer shall not infringe upon the Intellectual property of Vacation Labs by copying, reproducing or reworking any of the platform components
Intellectual Property of the Customer
- It is understood that Vacation Labs shall have no claim over the customer & booking related data generated on the Customer’s website or booking engine Further, Vacation Labs will provide reasonable means & methods to the Customer to download all its customer & transaction data, when required.
- Vacation Labs may only share Customer’s data with third parties for the purposes of delivering specific services e.g. data sent via API’s or to other marketplaces etc. Vacation Labs may also share specific Customer data in case a demand is made by any judicial or statutory body to ensure compliance with the law.
Support
- Vacation Labs will not be responsible for uploading content, rates, or managing inventory on the systems on behalf of the customer.
- Configuring one pre-integrated payment gateway by configuring the correct account credentials is already included in the Account Setup Fee. However, if the payment-gateway insists on additional work which requires our development / QA team, it will be charged as indicated in the commercials.
- Support tickets will be responded to within two business/working days.
Payment Processing
- It is understood that in case the Customer uses their own merchant account & payment gateway credentials to process payments, Vacation Labs responsibility will only be to configure the payment gateway from a technical standpoint. Vacation Labs will not be responsible for payment failures and/or charge-backs/frauds. Further, any involvement of Vacation Labs’ development / QA team will be chargeable.
- It is understood that in case the Customer processes payments through Vacation Labs’ merchant account & payment gateway:
- Vacation Labs will have the right to recover the full amount from the Customer in the case of frauds/chargebacks.
- Vacation Labs will settle payments with the Customer after deducting applicable charges once every week (barring delays under unusual circumstances).
- Vacation Labs will settle payments only into an Indian bank account after appropriate KYC documents have been submitted by the Customer.
- Vacation Labs will have the right to recover any dues from the settlement amount.
System Access & Usage
- The Vacation Labs platform is to be used by authorised employees of the Customer only. This company or any of its employees or representatives may not provide access to the platform to third parties without written approval from Vacation Labs. (excluding authorised booking agents of the Customer).
- Customer will be provided access to the Vacation Labs platform for the duration of the primary subscription. Vacation Labs reserves the right to terminate access in case of outstanding dues.
- Vacation Labs reserves the right to suspend or terminate Customer’s service, due to breach of terms, without issuing any notice.Further Vacation Labs shall have no obligation to retain or restore your data post such an event.
- Vacation Labs reserves the right to delete all Customer data 30 calendar days after the primary subscription ends.
- Vacation Labs reserves the right to block, limit, or restrict access in any way to prevent unfair / prohibited usage of its Products & Services. Unfair / prohibited uses include, but are not limited to:
- Creating multiple accounts for the sole purpose of circumventing free-usage limits
- Removing the Vacation Labs branding by any means whatsoever, unless explicitly agreed-upon in writing
- Media-hosting for hot-linking
- Websites created for “black-hat” SEO techniques, such as “scraper sites”, link-exchanges, spamdexing, etc.
- Hosting content that violates intellectual property / copyright laws
- Reverse-engineering, decompiling, or disassembling our product or services
- Replicating / copying our products or services in any form whatsoever
- Hosting content, scripts, widgets, etc that harm the security or operations of Vacation Labs products and services
- Hosting content, scripts, widgets, etc that compete with the Products & Services offered by Vacation Labs or harm the business interests of Vacation Labs in any way.
Cancellations & Refunds for Software Subscriptions
- Subscription charges are completely non-refundable.
- Subscription “downgrades” (eg. migrating from a pro-plan to a basic-plan, or migrating from an annual plan to a monthly plan, etc) can be applied only at the end of a current/ongoing subscription term/period.
- Any changes to subscription/billing should formally communicated in writing to support@vacationlabs.com
- Charges for custom development of any kind, including, but not limited to, payment gateway integration, API integration, CSS/HTML development, are completely non-refundable.
Cancellations & Refunds for Tour/Travel Products
The operational nature of each tour listed on VacationLabs.com is different. Therefore, each tour has a separate cancellation & refund policy. The tour-specific refund policy will be clearly displayed to you on the booking form (before making a payment) – you will have to explicitly agree to that policy.
For tours which do not have a separate cancellation & refund policy, the following policy shall apply:
- No refunds once a tour or service has commenced operation and/or any part of the tour/service has been utilized by the intended customer.
- If you cancel at least 7 calendar days in advance of the tour’s departure date, no cancellation penalty will be charged.
- If you cancel between 2 to 6 calendar days in advance of the tour’s departure date, a cancellation penalty equal to 50% of the tour amount will be charged.
- If you cancel within 1 day of the tour’s departure date, a cancellation penalty equal to 100% of the tour amount will be charged.
Refunds will be made within 7 working days of the cancellation date. However, please note, the amount may take longer to be credited into your account, depending upon your issuing bank. We shall not be held liable for delays caused by your bank in crediting the funds bank into your account.
Intellectual Property of Third Parties
- Vacation Labs retains the right to block specific pages/URLs on the Customer’s website on the basis of copyright infringement claims reported by third parties under applicable laws, such as, DMCA, Indian IT Act, etc and after following the due process outlined at https://www.vacationlabs.com/copyright-infringement
- Vacation Labs retains the right to terminate or suspend the Customer’s service and/or access to Vacation Labs products, with or without prior notice, in cases of (a) repeated copyright infringement, (b) blatant misuse of Vacation Labs product & services, or (c) takedown notice/order received by a competent governmental authority.
Limited Liability
- Under no circumstances will Vacation Labs or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of VacationLabs.com regardless of the form of action.
- Vacation Labs and its agents and suppliers, in making arrangements for hotels, tours, transportation or any service in connection with the itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any hotel, carrier or other company or person providing services included in the tours.
- Vacation Labs and its agents and suppliers accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.
- All content on the Vacation Labs website, affiliated websites thereof, and subdomains thereof – including information, names, images, pictures, logos, prices, dates, and availability of tours – is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Privacy of Personal Information
- We may collect the following information:
- Your contact details, like email address, phone address, mailing address, etc.
- Detailed personal information, like age, height, weight, passport details, etc.
- Website usage information, like pages visited, IP address used, time of visits, etc.
- Contact details & detailed personal information collected in the context of a tour booking will most certainly be shared with various third-parties, such as, ground operators, hotels, tour guide, payment gateways, etc, to enable us to fulfill the booking.
- Website usage information may be shared in an anonymized our pseudo-anonymized manner with various third-parties providing web analytics services.
- Personal information may be shared with law-enforcing agencies as requested within the ambit of laws in force at the time such requests are made.
