Terms of Use

  1. About the Websites

These Website Terms of Use apply to the websites owned and operated by Divinity Travel ABN 66879 572 377 under the domain names “www.essenceofidiatours.com.au” and “www.essenceofindiatours.com” and “www.essenceofindiatours.com.in” (the Websites). This page sets out the Terms and Conditions under which you may use these sites. Your use of this information, materials (content), software, text and graphics is governed by these Terms of Use. By accessing and using these sites, you are indicating that you agree to be bound by these Terms of Use.

For information about how Divinity Travel handles personal information collected through the Websites, please see our Privacy Policy.

  1. Australian websites

The Websites may be accessed throughout Australia and overseas. Divinity Travel makes no representation that the Content on the Websites complies with the laws of any country outside Australia. If you access the Websites from outside Australia, you are responsible for ensuring that that your access to, downloading of, use of or reliance on the Content contained in the Websites is in compliance with all laws in the place in which you are located.

References to currency are in Australian dollars unless otherwise specified.

** Surcharges apply for Sales made outside of Australia please enquire at time of booking. **

The Sites display information about travel destinations, packages, tours, insurance, transportation, cruises and events as well as information in relation to wellbeing partners and the work they conduct. Most of the information on these Sites are supplied to us by third party suppliers such as airlines, hotels, transportation suppliers and wellbeing practitioners. Divinity Travel has taken reasonable care to ensure the information published is accurate and up to date, however we are unable to check the accuracy of any information supplied to us by third parties and as such are not responsible for third party information. We recommend that you confirm all information contained from the Sites.

  1. Information available on the Website

The Websites provide general information about travel products and services offered on these Sites and airlines and other third party providers of wellbeing, travel and travel related services may change the details of their packages, flights, tours, prices and other information displayed on the Sites at any time. Due to this reason, all prices displayed on the Sites are subject to change without notice. All services and travel related products on these Sites are subject to availability. We will endeavour to notify you of all related travel costs including airport charges and relevant taxes at the time of confirmation of your booking however, these may be subject to variation prior to departure.

You are responsible for supplying all health, visa and passport information that are required for your travel arrangements. We may assist you to obtain information, however the final responsibility for obtaining the necessary documentation and information and complying with this information remains with you.

In addition, the Websites may from time to time contain or make available various message services, blogs, forums, mail outs, social networking, email lists, newsletter services or events or which may be of use to you. Whilst Divinity Travel has made every effort to ensure that any such information is accurate, Divinity Travel does not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.

  1. User conduct

You are responsible for all of your activity in connection with accessing the Websites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for legal action being taken by us against you. You may not, without our consent, use or modify trademarks or logos from this Site. The material contained on this Site, is protected by Australian and international property laws, including copyright. You may only use this Site for your own personal and non-commercial purposes.

You must not speculate or give false information in relation to any bookings, reservations or requests using this Site in any way whatsoever which:

  • is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity);
  • infringes any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy;
  • violates any law, statute or regulation, or constitutes, or encourages conduct that would constitute a criminal offence (including prohibitions on spam messages);
  • is defamatory, libellous, unlawfully threatening or unlawfully harassing;
  • frame this Site for commercial benefit;
  • contains any computer viruses or other harmful component; or
  • knowingly permit another person to do any of the above acts

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Websites. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

  1. User Content and Interactive Facilities

You are solely responsible for your use of any such Interactive Facilities and Content on the Sites which may include discussion groups, travel blogs and other information. You agree that by posting and offering recommendations, opinions, testimonials, imagery, audio clips or any other Content or material that you grant us and our affiliates a nonexclusive, worldwide, royalty-free, irrevocable and fully sub-licensable right to modify, translate, distribute, adapt, broadcast, communicate and publicly display such Content around the globe in any media, for any purpose whatsoever without any compensation or remuneration to you. You agree to waive any entitlement to any moral rights you may have as the author of the Content and agree that we are under no obligation to treat the Content as private or confidential.

We reserve the right to remove, edit, screen or refuse to post Content submitted on the Sites at any time and for any reason. We accept no responsibility or liability for any Content uploaded, stored or posted by you or any third party for any damage or loss to any such Content. We reserve the right to disclose any Content if deemed necessary to satisfy any regulation, applicable law or lawful request.

  1. Availability of the Website

As electronic services are subject to interruption or breakdown, access to the Websites are offered on an “as available” and “as is” basis. Divinity Travel may withdraw the Websites at any time and without notice to you.

  1. Links to other websites

The Websites may contain links to third party websites. Divinity Travel does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, Divinity Travel makes no warranties or representations:

(a)  regarding the accuracy, quality, merchantability or fitness for purpose of any linked websites, material or products or services; or

(b) that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, Divinity Travel is not authorising the reproduction of material on linked websites.

  1. Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through the Websites if you breach any of these Terms.

  1. Warranties

While we have made every effort to ensure that the Content is free from error, Divinity Travel does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Websites. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that cannot be lawfully excluded, are excluded. All Content is subject to change without notice. Divinity Travel does not warrant that the Websites or any linked websites will be free from viruses or defects. The information you supply via the Site will be accurate and not misleading, deceptive or likely to mislead or deceive.

  1. Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, Divinity Travel, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Websites, to any material on linked websites, or to access or use of the Websites by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.  Under consumer protection laws in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following:

  • resupplying the product or the supply of equivalent products;
  • paying the cost of replacing the products or acquiring equivalent products;
  • the supply of the services again;
  • the payment of the cost of having the services supplied again

Your use of and access to these Sites is subject to factors beyond our control. We do not represent or warrant that these Sites, the server that hosts the Sites or any other products or services supplied through these Sites will be free of defects, errors or viruses or that the service will be timely or uninterrupted. Due to the nature of the Internet, we do not warrant that these Sites will be secure and we will not be liable for any disruptions to the Sites. If any of the travel products and services described on the Sites are not deemed suitable you release us from any claims in relation to the travel products promoted on behalf of third parties. We are acting as an agent for third party providers and as such our role is to facilitate your travel arrangements which includes making payments and processing your booking requirements.

  1. 1 Indemnity

You indemnify Divinity Travel in respect of any liability incurred by Divinity Travel for any loss or damage, howsoever caused, suffered by Divinity Travel as a result of your breach of these Website Terms of Use or your use of the Websites.

  1. Copyright and trade marks

Copyright in the Content on these Websites is owned or licensed by Divinity Travel, unless indicated otherwise. Except where necessary for viewing the Content on the Websites or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on the Websites may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Divinity Travel or our licensor(s) (as appropriate).

Trademarks used on the Websites are owned by Divinity Travel or third parties. You must not use any trademarks used on the Websites without the consent of the trade mark owner.

  1. Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the Websites indicates your acceptance of these Terms of Use. Divinity Travel may at any time vary the Terms of Use by publishing the varied Terms of Use on the Websites. You accept that by doing this, Divinity Travel has provided you with sufficient notice of the variation.

  1. Jurisdiction

The law applicable to the Websites and to disputes arising out of the Websites is the law of the State of Western Australia, Australia.

Divinity Travel – ABN 66879 572 377 Last updated April 2018

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