THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO ALL USERS OF THIS WEBSITE, INCLUDING YOU. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.cheerfitaravali.com (the “Site”). These Terms are subject to change by ADAEXPERIENCE INDIA PRIVATE LIMITED (referred to as “ADAEXPERIENCE”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use at www.cheerfitaravali.com/terms-of-use/  that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 7 below).

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order and payment for such order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between ADAEXPERIENCE and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order subject to our cancellation terms stated in Section 5 below.

Prices And Payment Terms.

All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or other charges, if any. All such taxes and charges will be added to your total payable amount before checkout and will be itemized in your shopping cart before payment and in the invoice sent to you. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us at the time of your order placement on the Site. All payments will be processed using a third-party payment gateway service provider and you will be redirected to such third party’s website. You may be required to comply with additional terms from such third-party payment gateway service provider and ADAEXPERIENCE shall not be liable for any claim that you may have in relation to your activity on such third-party payment gateway service provider. You represent and warrant that

• the financial information you supply to us or the third-party payment gateway service provider is true, correct and complete,
• (ii) you are duly authorized to use such payment methods (including internet banking, debit or credit card, UPI or other methods) for the purchase, (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Delivery

We will arrange for delivery of the products or services to you through third-party service providers or vendors at the location specified by us. You must not make any payment to any third-party service providers or vendors; any such payment is made at your own risk and convenience and shall not be a part of the order placed by you on the Site. The products or services will be delivered to you subject to force majeure events i.e. events beyond our reasonable control. You hereby acknowledge the inherent risk involved in adventure activities by choosing to place an order with us. While we take reasonable care in choosing the third-party service providers or vendors that are the residual operators for the products or services, you acknowledge and agree that ADAEXPERIENCE shall not be held responsible for any act or omission with respect to the safety, quality or delay in respect of such products or services, except for gross negligence or wilful misconduct on ADAEXPERIENCE’s behalf.

Cancellations and Refunds.

Any cancellation request must be made by you in writing to enquiry@cheerfitworld.com, with complete details of booking date and identification number using the same booking credentials (email, phone number etc). After placement of any order on the Site, cancellation charges will be applicable as per cancellation charges made available on each product page at the time of booking.

NOTE THAT CANCELLATION CHARGES APPLY BECAUSE OF THE RISK OF LOSS OR COST SUFFERED BY US. WE THEREFORE STRONGLY RECOMMEND THAT YOU ONLY PLACE YOUR ORDER FOR THE SERVICES IF YOU AGREE WITH THE AFORESAID CANCELLATION CHARGES. Refunds are processed within approximately 7-10 business days of our receipt of your cancellation request in writing. Your refund will be credited back to the same payment method used to make the original purchase on the Site unless otherwise agreed by us in writing.

LIMITED WARRANTY.

LIMITED WARRANTY. WE WARRANT THAT ADAEXPERIENCE WILL CARRY OUT REASONABLE VERIFICATIONS OF THE THIRD-PARTY SERVICE PROVIDERS OR VENDORS THAT RENDER THE ON-GROUND SERVICES TO YOU LIMITED TO THE EXTENT OF THEIR LICENSES AND REASONABLE SAFETY MEASURES AND THAT THE SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO RE-PERFORMANCE OR REFUND AS DEEMED REASONABLE BY US. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAWS, OUR TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU AT THE TIME OF YOUR BOOKING OR INR 1000 (RUPEES ONE THOUSAND ONLY), WHICHEVER IS LOWER.

To obtain warranty service, you must e-mail our Customer Service at enquiry@cheerfitworld.com within twelve (12) hours of any service deficiency identified or received by you.

Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy at www.cheerfitaravali.com/privacy-policy/ governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms and any transactions with you are governed by and construed in accordance with the laws of India. Subject to arbitration, the courts in Faridabad shall have exclusive jurisdiction on all disputes arising out of or in connection with these Terms or your booking with us.

Dispute Resolution and Binding Arbitration.

Any dispute, controversy, claims or disagreement of any kind whatsoever arising out of or in connection with these Terms (or the breach, termination or invalidity thereof) or any transaction with you (hereinafter referred to as a “Dispute”) shall be exclusively referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be held in Faridabad and the arbitral tribunal shall consist of a sole arbitrator appointed by the Faridabad Centre for International Arbitration. You waive/s any and all objections to the exercise of jurisdiction over you by such an arbitrator. The arbitrator’s decision shall be reasoned, in English, final and binding on you and us.

Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ADAEXPERIENCE.

No Third Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices.

To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

To Us. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to enquiry@cheerfitworld.com or (ii) by personal delivery, overnight courier or registered or certified mail to ‘Legal team, ADAEXPERIENCE INDIA PRIVATE LIMITED,  TF-01, 3rd Floor, Parsvnath City Mall, Sector 12, Faridabad, Haryana 121003, India’

We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective after they are received by us.

 Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement.

Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.