Terms of Service

Key Terms

• "Collective Content" means Member Content and Cohyk Content.

• "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

• "Trip Host or Host or Operator Service provider or Vendor" means a Member who creates a Listing via the Services.

• "Listing" means an Activity or Trip that is listed by an Operator as available for booking via the Services.

• "Member" means a person who completes Cohyk's account registration process, including, but not limited to Operators and Travellers, as described under "Account Registration" below.

• "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.

• "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

• "Cohyk Content" means all Content that Cohyk makes available through the Services, including any Content licensed from a third party, but excluding Member Content.

• "Traveller" means a Member who requests a booking of a Group Trip via the Services, or a Member who participates in an Group Trip and is not the Operator for such Trip. Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content.

• "Trip" means a tour or experience or product offered by Operator on our platform.

Modification

Cohyk reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of a Group Trip. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Eligiblity

Account Registration

Trip Listings

Operators may create Listings. To this end, you will be asked a variety of questions about the Trip to be listed, including, but not limited to, the location, capacity, itinerary, features, availability of the Group Trip and pricing and related rules and financial terms.

Operators working with Cohyk are responsible for making sure that their trip listings on the https://cohyk.com Marketplace are up-to-date so that travellers who wish to book their trips are presented with correct information.

Trip operators are responsible for updating their trip information - either manually using the Cohyk Dashboard, or by supplying the Cohyk team with a fully functional information over email or on WhatsApp to the content team/relationship manager. Listings will be made publicly available via the Services. Other Members will be able to book your Trips via the Services based upon the information provided in your Listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveller taking of, a Trip in a Listing you post will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) and will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Group Trip included in a Listing you post, including, but not limited to, tourism, trip guide licensing laws, and other laws governing events and trips of public spaces and other venues and not conflict with the rights of third parties. Please note that Cohyk assumes no responsibility for an Operator's compliance with any applicable laws, rules and regulations.

Cohyk reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Cohyk, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. You understand and agree that Cohyk does not act as an insurer or as a contracting agent for you as an Operator. If a Traveller requests a booking of your Group Trip and participates in your Group Trip, any agreement you enter into with such Traveller is between you and the Traveller and Cohyk is not a party thereto.

Notwithstanding the foregoing, Cohyk serves as the limited authorized agent of the operator for the purpose of accepting payments from the traveller on behalf of the Operator and is responsible for transmitting such payments to the operator, subject to these Terms. When you create a Listing, you may also choose to include certain requirements, which must be met by the Members who are eligible to request a booking of your Trip. Any member wishing to book trips included in Listings with such requirements must meet these requirements. You acknowledge and agree that, as an operator, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the group trip at your request or invitation, excluding the traveller. Cohyk recommends that operators obtain appropriate insurance for their Trips. Please review any insurance policy that you may have for your trip carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of travellers while participating in your group trip.

No Endorsement

Cohyk does not endorse any Members or any Trips. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Cohyk with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members via the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Operator against Cohyk regarding the remittance of payments received from a Traveller by Cohyk on behalf of an Operator, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

Service Fees only apply to Operators

In consideration for providing the Services, Cohyk collects a service fee only from Operators ("Service Fees"). A Service Fee is made up of the based upon a percentage of the amount of the Group Trip Cost which is defined in the Operator's Cohyk T n C. Where applicable, Taxes may also be charged in addition to the Service Fee. Services Fee is to be paid by the Operator when first payment is received from the Traveller. Transfer charges as applicable by the banks and payment services are to be paid by the operator. Except as otherwise provided herein, Service Fees are non-refundable.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Cohyk cannot and does not offer tax-related advice to any Members of the Services. Additionally, please note that each Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

Foreign Currency

As part of the Services, Cohyk may provide a feature through which Travellers may view prices for various Listings in foreign currencies. You understand and agree that these views of prices are for informational purposes only and may not be the official local price for the Operator's Listings. Operator will be responsible for providing the applicable Trip Cost which may depend on the Exchange Rates or any other costs.

Member Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Group Trips; "stalk" or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Cohyk Traveller or Operator; offer, as an Operator, any Group Trips that you do not yourself have permission to provide (without limiting the foregoing, you will not list Group Trips as an Operator if you are serving in the capacity of an agent for a third party); offer, as an Operator, any Group Trip that may not be provided pursuant to the terms and conditions of an agreement with a third party; register for more than one Cohyk Account or register for a Cohyk Account on behalf of an individual other than yourself; contact an Operator for any purpose other than asking a question related to a booking, such Operator's Group Trips or Listings; contact a Traveller for any purpose other than asking a question related to a booking or such Traveller's use of the Services; when acting as a Traveller or otherwise, recruit or otherwise solicit any Operator or other Member to join third party services or websites that are competitive to Cohyk, without Cohyk's prior written approval (for clarity and without diminishing any of Cohyk's rights to enforce these Terms, Cohyk may cancel such offending Member's Cohyk Account, permanently block such Member from access to the Service, and take any legal action Cohyk deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law); impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer's Listing); use automated scripts to collect information or otherwise interact with the Services; use the Services to find an Operator or Traveller and then complete a booking of a Group Trip transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Cohyk's provision of the Services; as an Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that:infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;is fraudulent, false, misleading or deceptive;is defamatory, obscene, pornographic, vulgar or offensive;promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame any portion of the Services, or any individual element within the Services, Cohyk's name, any Cohyk trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Cohyk's express written consent; access, tamper with, or use non-public areas of the Services, Cohyk's computer systems, or the technical delivery systems of Cohyk's providers; attempt to probe, scan, or test the vulnerability of any Cohyk system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, unscramble, or otherwise circumvent any technological measure implemented by Cohyk or any of Cohyk's providers or any other third party (including another user) to protect the Services or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, de-compile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

Privacy

See Cohyk's Privacy Policy and for information and notices concerning Cohyk's collection and use of your personal information.

Ownership

The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of Austria and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of Cohyk and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.

Cohyk Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Cohyk grants you a limited, non-exclusive, non-transferable license to (i) access and view any Cohyk Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cohyk or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Cohyk a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. Cohyk does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Cohyk the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Cohyk's use of the Member Content (or any portion thereof) on, through or by means of the the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to INR 100,000.

Cohyk Promo Codes

Cohyk may offer Promo Codes from time to time providing credits for bookings made through Cohyk.com. Promo Codes can only be used for bookings for trips and the same basis as outlined in the section: Only one Promo Code can be added/used per booking and they may be combined with Referral Credits. Promo Codes must be shared with the Operator to get discount which Operator must verify using the Cohyk Dashboard.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Cohyk is not responsible or liable for:the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cohyk of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Cohyk used herein are trademarks or registered trademarks of Cohyk. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at contact@cohyk.com You acknowledge and agree that all Feedback will be the sole and exclusive property of Cohyk and you hereby irrevocably assign to Cohyk and agree to irrevocably assign to Cohyk all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Cohyk's request and expense, you will execute documents and take such further acts as Cohyk may reasonably request to assist Cohyk to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Cohyk respects copyright law and expects its users to do the same. It is Cohyk's policy to terminate in appropriate circumstances the Cohyk Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted. For more details please click on this link.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT COHYK DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COHYK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COHYK MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY GROUP TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COHYK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, GROUP TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COHYK OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR TRAVELLERS. YOU UNDERSTAND THAT COHYK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY GROUP TOURS. COHYK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY COHYK OR TAKE PLACE DURING A GROUP TOUR. NOTWITHSTANDING COHYK'S APPOINTMENT AS THE LIMITED AGENT OF THE OPERATORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELLERS ON BEHALF OF THE OPERATORS, COHYK EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY GROUP TOURS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER COHYK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY GROUP TOUR VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COHYK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COHYK'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY GROUP TOUR VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A OPERATOR, THE AMOUNTS PAID BY COHYK TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE THOUSAND RUPEES (Rs. 1000), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COHYK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification and Release

You agree to release, defend, indemnify, and hold Cohyk and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms;your Member Content; and your interaction with any Member,booking of a Group Trip,creation of a Listing or the use, condition or quality of a Group Trip, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Trip.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by Austrian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Austrian embargoed countries.

Reporting Misconduct

If you participate in an Trip with an Operator who you feel is acting or has acted inappropriately, including but not limited to, anyone who engages in offensive, violent or sexually inappropriate behaviour,you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Cohyk by contacting us with your police station and report number at contact@cohyk.com provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Cohyk and you regarding the Services and Collective Content, and any bookings or Listings of Trips made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cohyk and you regarding bookings or listings of Trips, the Services and the Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Cohyk's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Cohyk may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Cohyk via email (in each case to the address that you provide) or by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of Jaipur, Rajasthan Jurisdiction, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Jaipur, Rajasthan for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

General

The failure of Cohyk 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 such right or provision will be effective only if in writing and signed by a duly authorized representative of Cohyk . Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Newsletters

By registering; using our Services and/or providing your email address, you understand that you will receive regular email updates about the platform, travel and other community related matters. Each email you receive shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose. Contacting Cohyk If you have any questions about these Terms or any App Store Sourced Application, please contact Cohyk at contact@cohyk.com