Terms and Conditions

Last updated: January 12, 2025

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

By accessing, browsing and using the application Mauritius Island Route, the software program provided by the Company (the “Application”), you agree to be bound by the present terms and conditions and the services on offer are set out in this document (the “Terms and Conditions”).

These Terms and Conditions constitute a legally binding agreement between Newcoast Digital Ltd, a private company limited by shares, incorporated under the laws of Mauritius, having company number C199636 (hereinafter referred to as “we”, “our”, “Company” or “us”) and the individual, company, business organisation or other legal entity (hereinafter referred to as “you”, “your”, “he”, “she”, “User” or “Customer”) who is using our Application; these terms are applicable for all the people in your group.

You are acknowledging to have read, understood, and agree to the Terms and Conditions by accessing, browsing, and using the Application.

We reserve the right to amend these Terms and Conditions at any time by posting a new version thereof on the Company’s website: www.islandroute.io, after receipt of the express agreement in writing by a director of the Company.

Your continued use of the Application constitutes your acceptance of any changes to the Terms and Conditions and any changes will supersede all previous Terms and Conditions. Unless specified therein, all changes to the Terms and Conditions will apply to all Users, including those registered before the date the amendments take effect.

We may terminate this agreement with you under these Terms and Conditions at any time by notifying you in writing (including by email) and/or, if you are already a registered User, by cancelling your account and your access to your account.

Our Application

Through the Application, the Company provides an online platform through which you may browse different self-guided audio tour guides of Mauritius. (the “Tours”).

Although the Application has been developed with reasonable care and professional diligence with a view to provide an optimal service, the information and/or details provided in our Application are sourced from information received from third party service providers (the “Service Providers”). We cannot vouch for the accuracy or completeness of such information and/or details. By using our Application, you agree that we shall not be held responsible for any errors, interruptions, or missing information and/or details and agree to hold us harmless.

Our Application is not a recommendation nor an endorsement of any Service Provider or its respective products, services, facilities, vehicles, etc.

When you choose to be redirected to a Service Provider’s website and/or application, you shall enter into a separate agreement or agree upon separate terms and conditions with such Service Provider. We are not a party to the terms and conditions between you and the Service Provider and the Service Provider shall be solely responsible for the provision of services and any related liability thereto.

You may browse the different Tours provided by the Application and unlock a Tour at the price listed at the relevant time for such Tours on the Application, in accordance with such terms and conditions as set out on the Application, which shall become a binding contract upon acceptance by the Company and constitute a successful purchase (the “Purchase”).

The Company reserves the right to reject your Purchase in accordance with these Terms and Conditions.

Mobile application

This section sets out the additional terms and conditions governing your use on your mobile phone, smartphone or other mobile device, of our Application, which shall be subject to all relevant rules and policies.

The Application requires an iOS or Android device with a minimum of 2GB of memory and the iOS operating system version 12.0 or later and Android version of 14.0 or later.

The Application requires an active internet connection for full functionality. Certain features may require access to the device's camera, microphone, GPS location, and notifications. Please ensure these permissions are granted in your device's settings to utilize these features fully. Additionally, for optimal performance, it is recommended to keep your device's operating system up to date.

From time to time, we may automatically update the Application to improve performance, enhance functionality, reflect changes to the operating system or address security issues. You may also be asked from time to time to update the Application for these reasons (the “Updates”).

If you choose not to install such Updates or if you opt out of automatic updates you may not be able to continue using the Application.

By using the Application, you agree to us collecting and using technical information about the devices on which you use the Application and related software, hardware and peripherals to improve our services.

Applicable laws

This Agreement is constructed in accordance with and governed by the laws of Mauritius. Any dispute, controversy, claim or litigation related to the commercial relationship existing between the Company and the User shall be submitted to the sole competence of the Mauritian jurisdictions.

Intellectual Property Rights

Unless otherwise indicated, the Application contains copyrighted material, trademarks, and other proprietary information, including, but not limited to text, software, graphics, designs, compilation, video, music, and sound, links, photos, audio, data, code or other materials or arrangement of materials that you can view on, access or otherwise interact with through the Application (the “Contents”).

The Contents of the Application are protected under applicable copyrights, trademarks, registered trademarks, and other proprietary (including but not limited to intellectual property) rights.

The Contents provided on the Application is for your information and personal use. The copying, redistribution, use, modification, distribution, transmission or publication of any such Contents in whole or in part, by you for commercial gain is strictly prohibited unless authorised in writing by the Company.

Your use and access to the Application does not grant you any ownership rights to any Content. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission in relation to the Contents. Nothing on the Website should be copied or used for commercial gain without the written consent of the Company.

Unless otherwise indicated, the Contents are subject to the copyright and trademark rights of the Company. Consequently, the Contents on this Application and its website may not be copied, reproduced, modified, posted, transmitted, distributed, in whole, or in part in any form whatsoever, without the prior written consent of the Company. All rights reserved.

Complaints

In the unlikely event that you have any reason to complain or in case you experience any problems with the Application and/or its Tours, this must be brought to the attention of the customer service team on [email protected] immediately so that action can be taken to remedy the problem. Some problems may not be resolved on the spot, or you may wish to escalate the issue; in this case, you may write to us by e-mail on the following e-mail address and we shall aim to resolve the matter within 48 hours:

E-mail address: [email protected]
Please provide the following information to the customer service team when notifying us of any complaint:

your contact details and the email address you used on the Application to make a Purchase of your Tour;
a summary of the issue at hand, including how you would like us to help you; and
any supporting documents (screenshots, screen recordings, purchase receipt, etc.)

Purchases

Any medical condition, disability, limitation and/or any other request which requires special attention should be considered at the time of Purchase on the Application as some of the Tour activities require some level of physical fitness and may not be appropriate for all.

Once you have made a Purchase of a Tour on the Application, you will receive a confirmation notice from your payment gateway (such as Apple, Google, etc); it is, therefore, imperative that you provide a valid email address. If you do not receive a confirmation notice within a few days of your Purchase, you can contact your payment gateway (such as Apple, Google, etc)

The confirmation notice is proof of a valid Purchase and will contain relevant information about the Purchase and particulars of the Tour concerned. Please read and check carefully all the information contained in your confirmation notice to ensure that it conforms to your Purchase.

If there are any discrepancies to the details, we request that you inform us immediately by email, or by contacting our Customer Service department through the Application or our website www.islandroute.io

Prices

Please refer to the description for the price of each specific Tour. All prices are listed in your currency or default as Euros at the applicable rate at the time of your Purchase.

When you make a Purchase, you agree to pay the cost for the Services, including any charges and taxes that may be applicable.

The price of your Purchase for any Tours does not include ticket fees, entrance fees, insurance or other cost in relation to the Tour.

Our prices may vary constantly and additional charges (for example: payment fees, local taxes, etc.) may be applicable.

Services, Content and Specifications

The photos, illustrations and other promotional material used for the description of the Tours are only indicative in nature. We cannot guarantee that all photos advertised and used on our Application, partners or our website illustrate the exact experience your will have. The only purpose of these photos is to give the customers a better idea of the Tours. The descriptions and illustrations on any of our Content, Application and our website are given as approximate representations only but in good faith. It is important to note that the scheduled times, opening and closing hours for the Tours and experiences may change without notice. We aim to be accurate on the details shown on its website and in its offers but we make no commitment about the accuracy, reliability, or timeliness of the material or about the results you will obtain from using our website, Application, services and materials.

Additionally, all features, content, specifications, products, Tours and prices of Tours and services described or depicted on this website and Application are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our Tours including the applicable colors; however, the actual color you see will depend on your computer or mobile system and we cannot guarantee that your computer or mobile will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, and international laws in regard to a Purchase from this website and/or Application.

Limitations of Liability

The Company (together with its officers, directors, employees, representatives, shareholders, affiliates) to the extent permitted by law, does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your phone and/or computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this Application.

In no event will the Company, any affiliate or subsidiary of the Company nor any of their respective officers, directors, employees, shareholders, affiliates, nominees, agents, trustees, successors, préposés, assigns, retail partners nor any party involved in the creation, production or transmission of this web site be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Application, website, any websites linked to this website and/or Application, or the materials, information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In the event of any problem with this Application or any content, you agree that your sole remedy is to cease using this Application. In the event of any problem with the Tours purchased on or through this Application, the Company shall not be liable for any loss and/or damage as a result of or arising out of this Terms and Conditions and/or the Purchase of any Tours hereunder, whether such claim be in tort, contract or otherwise (the “Claim”) and whether or not the possibility of such loss and/or damages was reasonably foreseeable or disclosed. You further agree that the Company shall not be liable to make any refunds or any payment to you or any other person relating to such Claim.

The Application may include inaccuracies, mistakes or typographical errors. The Company does not warrant that the Contents will be uninterrupted or error-free.

The Company shall not be responsible for driving a Customer in Mauritius when a Purchase of a Tour has been effected. The Customer must use the Application and rely on the information provided therein in order to reach a Tour destination in accordance with the traffic laws and regulations of Mauritius and all applicable safety and/or good driving standards.
Although we make reasonable efforts to update the information as regard the directions for the Tours provided by the Application, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Delivery Limitations

When a Purchase is made on the Application in relation to Tours, where appropriate, it will be delivered to the logged in user account designated by the User as long as that user account is compliant with the delivery restrictions contained on this Application.

To ensure a timely delivery, the User shall provide the correct email address, mobile number, and any other specific information required on the Application.

The Company shall give access to the Tours purchased on the Application.

Your Account

You are responsible for maintaining the confidentiality of your account and password information, and you agree to accept responsibility for all activities that occur under your account and password. The Company and the Application reserve the right to refuse service, terminate accounts remove or edit content or cancel Tours.

By making a Purchase, you warrant that you are over 18 years of age and not otherwise under any other legal impediment, and that you are providing the Company with accurate, truthful information and that you have the authority to make the Purchase.

You are responsible for your account. You will be responsible for the use of the Application by you, anyone using your password and login details (whether with or without your permission) and anyone you allow to have access to your account.

You will not use your account nor the Application for any unlawful, illegal or unauthorised purpose.
You may not use the Application to make any false, fraudulent or speculative Purchases.

Privacy Policy

Any personal information that you post or otherwise provide in connection with use of the Application will be used in accordance with the Company’s privacy policy (the "Privacy Policy"), which can be viewed at www.islandroute.io/privacy-policy. By using the Application, you agree to be bound by the terms of our Privacy Policy, which is incorporated in these Terms and Conditions.

Third Party Content and Application

The Application may contain links to other independent websites, photos, videos, graphics, texts, pictures, software or other content from an item origination from third parties which are not provided by us (“Third Party Content”).
These Third Part Content are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such Third Party Content, including whether to buy any products or services offered by them.

Should you decide to leave the Application and access any Third Party Content, you will do so at your own risk and the Third Party Content is not governed by these Terms and Conditions. You should then read the applicable terms and conditions of each Third Party Content.

You agree hold us harmless from any loss or damage sustained by you in any way from any Third Party Content.

Payments

The payment for any Purchase through the Application may be made directly through in-app payment systems (available on the Apple App Store or Google Play Store) or on relevant online payment systems.

The Company may be required to share any User’s data with banks and other authorised persons for the purpose of processing online payment transactions.

Refund Policy

We offer a no-refund policy on all Purchases.

Should any Tour become unavailable, the Company will not be responsible for the Tour spot closing or being inaccessible to the public.

Electronic Communications

When you visit this Application and/or send an e-mail to us, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we sent you electronically satisfy any legal requirement that such communications be in writing.

Exclusions of Warranties

The Company makes no representative or warranty regarding the good working order or condition of this Application and/or website, its suitability for use, or that its use will be uninterrupted or error-free. All information or material provided on this website to you access and without warranties of any kind, expressed or implied, including without limitation, warranties or conditions of merchantability, fitness, quality, durability or suitability for any particular purpose, or non-infringement.

No Partnership

Nothing in these Terms and Conditions is intended to or shall be deemed to establish any partnership or joint venture between the Company and each User.

No waiver

Failure to exercise or any delay in exercising any right or remedy provided under the Terms and Conditions or the law shall be constitute a waiver of that or any right or remedy nor shall preclude nor restrict further exercise of that or any other rights or remedies.

Assignment We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.

You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.