These Terms of Service (“Terms”) form the terms and conditions for the User’s (users of the Platform and the Products and Services provided thereunder) of Explurger Private Limited (the “Company” or “Explurger”). These Terms are to read with the Privacy Policy. of the Company as published on the Platform of the Company and Capitalized terms not defined herein shall have the same meaning as assigned to it in the Privacy Policy..
Applicability
In these Terms and in the Privacy Policy., any reference to “we”, “our”, “us” “Explurger” or the “Company” shall mean “Explurger Private Limited” and “you”, “your” or “User” shall mean any person or entity using the Platform.
By accepting this Terms, creating an account on or accessing our Platform or using our services, you are agreeing to these Terms and the Privacy Policy. of the Company and are accepting to be bound by these. If you are using our Platform as an employee or consultant then you warrant that you have the authority to accept this Terms on behalf of the entity you represent. These Terms read with the Privacy Policy. are therefore an agreement between you and Explurger.
Eligibility for use
You must be atleast 13 years of age or the minimum age as applicable in your country of residence in order to use the Platform or Products and Services provided by Explurger.
You must not be prohibited from receiving any aspect of our Products, Services or Platform in terms of any applicable law.
You must not be restricted from registering as a user on our Platform or any third-party service providers, websites or applications that we may engage with.
You must not be present on any denied party listings issued by any domestic or foreign authority under whose law Explurger is governed by.
You are in compliance with our Terms, and agree to adhere to our Community Guidelines as provided in these Terms.
Products and Services
Explurger agrees to provide to you the Products and Services provided on its Platform. Explurger may provide restricted access or deny access to certain Products and Services or parts of the Platform, in compliance with applicable law or regional preferences. Explurger may also charge a fee for certain added Products and Services from time to time. Explurger confirms that such fee shall be charged with the informed consent of the User.
A. Products
Explurger allows the User to share pictures, videos, text, future travel plans, traveling status, places Explurge-in information and other profile summaries as post (called as “Explurges”) with fellow Users on the Platform. Also, it allows the User to view, comment (called “say”) and share (called “spread”) others’ Explurges.
Explurger offers opportunities to the User to not only Explurge-in (check-in) to a place but also to rate and review them and to add places in their own customized Bucket List. Explurger also lets a User spread these places and bucket list, creating a community where users may create, discover, spread and connect.
Explurger also provides Users the motivation to share more and engage more on the Platform, by gamifying the experience through Explurger counts, increasing User Explurger level and offering rewards. Explurger also provides an encouragement to its Users, through Kudos, where a User may give Kudos to other Users on their Explurges.
B. Services
Explurger uses Artificial Intelligence (“AI”) to provide a unique experience to the User. Every time the Users creates an Explurge, the AI in the Platform automatically creates a travelogue keeping track of the miles, cities, countries, and continents travelled by the User. The use of the Platform lets a User create digital memories of their travel, made possible through the development of seamless technology and innovation.
Community Guidelines
By agreeing to these Terms, you agree to strictly adhere to the Community Guidelines provided hereunder. Explurger reserves the right to take corrective steps, including but not limited to deleting an Explurge (post) or comment (say) or share (spread); deactivating your account; deleting your account; or reporting you to the relevant government authority as required under applicable law.
a. You cannot host, display, upload, modify, publish, transmit, store, update or share any information that:
b. Explurger values the privacy of its Users. You cannot post Explurges which may invade any person’s privacy, whether bodily or otherwise. You cannot post sensitive or personal information relating to any person without their informed consent, or of any minor without the consent of the guardian of the minor. For the purpose of these Terms, sensitive or personal information shall mean, at the first instance, any such identification as may be identified by the applicable law, and any information as the owner of such information may deem to be sensitive or personal.
c. You cannot violate or infringe on any copyright or patent of artistic work created, published or reserved by any person without their consent. Any such violation shall result in deletion of the copyrighted content, which may affect the quality of the explurge or your profile itself.
d. You cannot create any content that is misleading, untrue, patently false or misleading in nature but may reasonably be perceived as a fact. You cannot post any information that causes or may cause misrepresentation of any fact, situation, opinion or place.
e. You cannot impersonate any person or create any content that may reasonably let another to the false belief that the content has been generated by any person other than You.
f. You shall preserve the integrity of the Platform and the effort undertaken by Explurger to create a safe environment for its users. You cannot share any post or a comment with a link or any such material which may contain any virus or any other computer code or file or program designed to interrupt, destroy or limit the function of the User device or Platform or any Products and/or Service contained therein.
g. For any post that may require age or other community restrictions, you shall inform the Users of the same and agree to be subject to applicable access control mechanisms as may be employed by Explurger.
The User agrees that they have read the Privacy Policy. and understood it in conjunction with these Terms of Use. In order to provide the Products and Services as contained in these Terms, Explurger needs to collect information, including without limitations, User identification information and Device Data . The Privacy Policy. explains the information that is collected from You and how it is stored and shared. You must agree to the Terms of Use as well as the Privacy Policy. in order to be able to use Explurger.
Rights to correction measures and control
Explurger may enable certain access control mechanisms in order to comply with the applicable law, including but not limited to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These include setting parental controls, restricting access to content being rated 13+ or 18+, content that may violate community guidelines, among other measures.
Explurger reserves the right to amend, delete or report any content, Explurge, comment, say, share, spread or username that is violative of the Terms of Use, Privacy Policy. or Community Guidelines or is otherwise inappropriate to the spirit of Explurger.
In the event that any content generated or information posted by You is violative of any law in force or creates undue legal liability to Explurger, we reserve the right to take appropriate corrective measures, including but not limited to deleting Your account, reporting the act in violation of the law, or taking down the problematic content. In such a scenario, any content generated by You on the Platform or in third party websites through our Platform will be retained by us for the purpose of complying with any legal action, or investigative purposes. We assure you that any information so retained will be deleted the moment the purpose for which it was retained, is completed.
Excepting any violation that is grave and illegal, Explurger shall provide the User with 3 warnings of such violation, following which, their account will be deactivated for a period of 7 calendar days. In the event that the User’s account has been deactivated 3 times due to repeated violations, the account will be automatically deleted by Explurger. For the purpose of this action, Explurger shall reasonably determine whether the violation is grave and illegal, with due consideration to the facts and circumstances involved and where it is determined that the violation is grave and/or illegal, Explurger reserves the right to temporarily or permanently delete your account without issuing any warning or notice.
Limitation of Liability
While Explurger shall employ best efforts to protect the Personal and Sensitive Information, Explurger makes no warranty as to its complete safety and security.
Explurger makes no warranty as to the completion of transmission of any information by the User through its Platform or through third party websites. The ability of Explurger to protect Your information is limited by the variability of the Internet and the actions of its Users. Any virus or mischief that may be employed by any User cannot be absolutely prevented by Explurger, and the user is advised to exercise due care while accessing any content or site through the Platform.
Explurger reserves its role as an intermediary in the creation and sharing of information, and takes no responsibility of the genuineness, ethics or representation of the content posted on Explurger. It can merely evaluate the content posted on the recommendations, suggestions and objections of the Users and relevant government authority.
The User agrees to indemnify, defend and hold harmless Explurger, its affiliates and their respective officers, directors, successors and assigns from any and all losses, liabilities, claims, damages, costs and expenses incurred that arise out of, result from, or may be payable due to any breach of any representation or warranty provided by the User, or the non-performance of any terms by the User.
Dispute Resolution
Any dispute arising from the use of the Platform and the Products and Services provided, shall be resolved by way of litigation as adjudicated by the relevant authority under the jurisdiction of Indian laws.
Updating these Terms
Explurger may update these Terms under circumstances including but not limited to compliance with the law in force at the time, or if these Terms do not adequately represent the policies and procedures of Explurger. In the event that any Term is not in compliance with the applicable law, the other Terms remain unaffected and enforceable.
Prior to and after updating these Terms, Explurger shall intimate the User of the same, by way of a notice, along with a reasonable advance opportunity to review the changes and grant your acceptance to the renewed Terms.
Kindly signup and login to this application only if you have agreed with these Terms of Service and Privacy Policy.