Terms and Conditions of Use

Please read these terms and conditions of use carefully before using the services offered by DivineTraveler's.


DIVINETRAVELER.COM PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE "SITE TERMS"). PLEASE READ THESE SITE TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS WEB SITE.

These terms of use (the "Terms of Use"), together with our privacy policy (the "Privacy Policy"), apply to any use of the Website. Visitors of the Website ("User" or "you") may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and you understand the Terms of the Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions. You must be at least 16+ years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.

Ownership and Copyright

The Website and the Services are protected by copyright as collective works and/or compilations, pursuant to Indian copyright laws, International conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

We do not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. We do not recommend or endorse such content, and will not have any liability relating to it. Where we link to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website.

Subject to the express provisions of these terms and conditions: (a) DivineTraveler, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Copyright © 2015 DivineTraveler.com

Licence to use

You may:

  • (i) view pages from our website in a web browser;
  • (ii) download pages from our website for caching in a web browser;
  • (iii) print pages from our website;
  • (iv) get details about destination locations, rituals, events and attractions, restaurants and hotels and travel deals by means of a web browser, subject to the other provisions of these terms and conditions.

Except as expressly permitted by Section of these terms and conditions, you must not download any material from our website or save any such material to your computer. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

  • (i) republish material from our website (including republication on another website);
  • (ii) sell, rent or sub-license material from our website;
  • (iii) show any material from our website in public;
  • (iv) exploit material from our website for a commercial purpose; or redistribute material from our website.

Notwithstanding conditions, you may redistribute our newsletter in print and electronic form to any person. DivineTraveler reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Restrictions

You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Peek’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice. Most web browsers allow you to turn off cookies; however, turning off cookies will limit your use of our websites.

Registration

To be eligible for an individual account on our website under this Section 6, you must be at least 16 years of age.You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person's account to access the website, unless you have that person's express permission to do so.

User Accounts

If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password. Your user ID must not be liable to mislead and must comply with the content rules set out; you must not use your account or user ID for or in connection with the impersonation of any person.

You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Termination

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Peek may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Peek may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. If this Agreement is terminated for your breach, Peek reserves the right to cancel any outstanding Vouchers you may have purchased prior to termination, without refund or liability to you.


Licence

In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

You grant to us the right to sub-license the rights licensed under Section above, also you grant to us the right to bring an action for infringement of the rights licensed. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

You may edit your content to the extent permitted using the editing functionality made available on our website. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any or all of your content.

Rules

You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  • be libellous or maliciously false;
  • be obscene or indecent;
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • infringe any right of confidence, right of privacy or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  • be in contempt of any court, or in breach of any court order;
  • be in breach of racial or religious hatred or discrimination legislation;
  • be blasphemous; breach of official secrets legislation; breach of any contractual obligation owed to any person;
  • depict violence, in an explicit, graphic or gratuitous manner; be pornographic, lewd, suggestive or sexually explicit; be untrue, false, inaccurate or misleading;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; constitute spam;
  • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or cause annoyance, inconvenience or needless anxiety to any person

Warranty Disclaimer

While we try to ensure that the information in or through the Website is accurate, we do not provide any warranties, express or implied, in relation to its correctness, completeness, currentness, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). We may change, add or remove information on the Website and its structure and functions at any time at our sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. We may also block Users from accessing the Website or parts of it, or require certain conditions to be fulfilled for such access. We do not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, we do not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

Limitation of Liability

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF 10000 INR OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees)

Breaches of these Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  • send you one or more formal warnings;
  • temporarily suspend your access to our website;
  • permanently prohibit you from accessing our website; block computers using your IP address from accessing our website;
  • contact any or all your internet service providers and request that they block your access to our website;
  • commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).


Amendments to the Terms of Use

DivineTraveler may revise these terms and conditions from time to time. We may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. We expect you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

Entire agreement

These terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with Indian law. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Indore.

Questions and Comments

DivineTraveler.com is owned and operated by DivineTraveler Private Limited, DivineTraveler is registered in Indore, India and our registered office is at A-404 Anmol Spaces, 20-21 Baikhunthdham, Khajrana Road, Indore. If you have any questions, complaints, or claims with respect to the Services, you may contact us at contact@divinetraveler.com or write to us at:

A-404 Anmol Spaces, 20-21 Baikhunthdham, Khajrana Road, Indore.