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User Agreement

Dear Customer
Before using our services you are required to read the user agreement and accept all terms and conditions. The same are listed below for your reference.

DISCLAIMER

This page sets forth the terms and conditions under which Diva Odysseys provides the information on this Website, as well as the terms and conditions governing your use of this site It also incorporates the User Agreement governing the acquisition of the services of Diva Odysseys (herein after for the sake of brevity referred as ‘DO’). By making use of this site, any person whether a mere user, a browser or a customer  agrees to be bound by all such terms, conditions, and notices which are outlined below, and  also subject to amendment without any notice at the sole discretion of DO. All rights and liabilities of both parties with respect to any services to be provided by DO shall be restricted to the scope of this agreement. The User/ Customer or any other person, as the case may be, has to click on the links to and familiarize himself with the Terms and Conditions of DO and other terms and guidelines found throughout this Website and agree to abide by them if such User/Customer/ Participant or any other person chooses to use the site, links, pages or services to which they apply.  If you do not accept these terms and conditions, do not continue to use or access this site. DO reserves the right, in its sole discretion, to terminate the access to any or all DO websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.

The present terms and conditions have to be construed as master agreement entered into by DO as the party on the first part and the User/Customer, as the case may be, on the other part and is deemed to be executed and the said agreement would be governed by Indian Legislations. 

That for the purpose of interpretation of this agreement the reference to the term User would mean and include a person/body of persons/firm/company/organization etc, who visits or views the website of Diva Odysseys for the purpose of acquiring any information, data, quotations, brochures and perusing or downloading any pictures, videos, audios or any other material which is available on the website of Diva Odysseys for his personal use. A user may not have any monetary transaction with Diva Odysseys and be distinct entity than a customer. Similarly, the term Customer/Participant could mean and include a person/body of persons/firm/company/organization etc, who hires the services of the DO in the exclusive field of escorting and organizing tours, through its sole website and makes a payment of the entire amount of consideration to DO, the term Customer may also be substituted by the term participant in various parts of this agreement. Finally the term Service Provider/Supplier is a person or persons/firm/company/organization etc, who is the supplier of various services such as accommodation, travel, entertainment etc and other services which are not under the control of DO.

In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by DO through its suppliers. Such TOS will be provided/ updated by DO which shall be deemed to be a part of this Agreement. Additionally, the Service Provider itself may provide terms and guidelines that govern  particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be required to read and accept the relevant TOS for the service/ product availed by the User. In the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. Diva Odysseys acts as coordinator for all persons taking these tours in the making of all arrangements for transportation, sightseeing and hotel accommodation. These services are not provided by Diva Odysseys but by airlines, hoteliers, transportation companies and other service providers which are not under its control. The services are provided on an "as is" and "as available" basis. DO may change the features or functionality of the services at any time, in their sole discretion, without notice. DO expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Terms and Conditions detailed herein contain the entire contract between you and Diva Odysseys. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied in writing by a duly authorized officer or director of Diva Odysseys.

Accuracy of information

We have taken reasonable care to ensure all information displayed on our site is accurate; however DO does not warrant or guarantee the accuracy or completeness of the information provided on this Website. Under no circumstances will DO be liable for any loss or direct, indirect, incidental, special or consequential damages caused by reliance on this information. We reserve the right to change information displayed on our site (including these terms and conditions) at any time without notice to you. DO hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. When you use the website for online booking of services, please ensure that all the information provided by you such as names, dates of travel, passport numbers etc is accurate. DO cannot be liable for any erroneous information given by you. DO will not in any way be liable for any loss or inconvenience suffered by you as a result of erroneous information provided by you. DO shall be in no way responsible for the content of the advertisers. It may be noted that DO does not in any way or in any manner endorse the products or services advertised on its website by third party advertisers. Users would be responsible for verifying the contents and information provided in such advertisements before making any decisions based on the same.

Indemnity

The User agrees to indemnify, defend and hold harmless DO and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by DO and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement. The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and DO cannot be held responsible for the same.

Third party products

In case of third party products displayed on our website, we take no responsibility for the contents, quality or safety of the product in any way. Such links are provided for the convenience of the user only. DO does not control such websites and is not responsible for their contents.  The inclusion of links to such web sites does not imply any endorsement of the material on such websites or any association with their operators. Any correspondence or business dealings with or participation in activities such as but not limited to promotions found in or through such websites are solely between the user and such parties. DO shall not be in any way liable or responsible for any loss, damage or injury sustained by the User as a result of such links on the website or by availing such products and services advertised by third parties on the website.. The user is requested to verify the accuracy of all information before undertaking any reliance on such information.

Confidentiality

Information concerning DO, or any of its subsidiaries, their employees, customers, agents, or others on whom data is collected, stored, or processed is the property of DO and is confidential except for the necessary disclosures required by law.

Copyright policy

You may cite or refer to the information on this site and make copies of the information for your own non-commercial use.

Enforceability & severability of these provisions

Should any of these terms and conditions be held invalid in whole or in part, that invalid provision shall be construed to be consistent with the applicable law, and in manner so as to remain consistent with the original intent of DO. The remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

Security warnings

DO shall always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares. However, it is up to you to take precautions to ensure that whatever you select for your use/download is free of such items as viruses, worms, trojan horses, malicious codes and other items of a destructive nature. In no event will do or any of its suppliers/service providers/ independent contractors be liable to any party for any loss or direct, indirect, punitive, incidental, special or consequential damages whatsoever including without limitation, damages for loss os use, data or profits arising out of or in any way caused by use of or performance of this website, or any other hyperlink (s) or any other channel. Neither shall DO be responsible for the delay or inability to use its websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through its website(s), or otherwise arising out of the use of  its website(s), whether based on contract, tort, negligence, strict liability or otherwise. DO is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

Limitation of liability

In any case, no liability on the part of DO arising in any way in respect of any tour, holiday, excursion facility shall not exceed the total amount paid for the tour, holiday, service and shall in no case include any consequential loss or additional expense whatsoever.

Professional advice

The information provided on this site is distributed with the understanding that DO is not providing professional advice of any type. If you have a question requiring professional advice, such as question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.

Warranties

DO specifically disclaims all warranties with respect to this Web site or your use thereof, express, implied, or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose. DO shall not be liable for any damages resulting from the use or misuse of this site or the information on this site. This disclaimer, limitation of liability and exclusions shall apply irrespective of whether the damages arise from (a) Breach of Warranty, (b) Negligence (c) Breach of Contract and (d) any other cause of action to the extent such limitation and exclusion are not rendered invalid by applicable law.

Usage of the mobile number of the user by DO

DO may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; DO may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by DO is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify DO against all types of losses and damages incurred by DO due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on DO.

Confidentiality

Any information which is specifically mentioned by DO as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.

Interpretation number and gender

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of DO Websites or its partner websites or any provision hereof in any manner whatsoever. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular DO website, then these terms shall control.

Relationship

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of DO Websites or its partner websites, shall be deemed to constitute a partnership between the User and DO and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

Comments and suggestions

If you have any questions or suggestions please feel free to write to us at our Registered Office as listed below or email us at info@divaodysseys.com

Registered Office

Diva Odysseys
5B/F1, Models Estate II
Caranzalem, Panaji, Goa,
India – 403002