Agreement – Amicale Overseas – Global Visa Solutions

Agreement between User and Amicale Overseas

By using this website you enter into an agreement for all such terms, conditions, and notices contained herein are, which are subject to change without giving any prior intimation or notice. Using our website is acceptance of Terms of Use and other terms and guidelines found throughout this Website and abide by them.

Personal and non-commercial use limitation

This Website is for your personal and non-commercial use. You will not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.

Links to third party sites

There are few links provided on our website which enters to third party website, are just for your convenience and understanding. You agree that Amicale Overseas shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such links on AmicaleOverseas website.

User’s responsibility of cognizance of this agreement

Users who are availing the services from the Amicale Overseas shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement and is binding on all the user.All rights and liabilities of the user and/or Amicale Overseas with respect to any services provided by the Amicale Overseas shall be restricted to scope of their agreement.

Amicale Overseas reserves the right to access to any or all the Amicale Overseas Website or any other marketing channels and the related services or any portion thereof ant any time, without prior notice, for general maintenance or any other reason at its discretion.

In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by Amicale Overseas like the air tickets, MICE, bus, rail, holiday packages etc. Such TOS will be provided/ updated by Amicale Overseas which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Services provided by Amicale Overseas.

No Unlawful or Prohibited Use

As a condition of your use of this Website, you warrant to Amicale Overseas that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Confidentiality

Any information which is specifically mentioned by Amicale Overseas as confidential shall be maintained confidential by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and obligation of the parties therein.

Usage of Mobile Number of the user by Amicale Overseas

Amicale Overseas may send booking confirmation, itinerary, information, cancellation, payment confirmation, refund status, schedule changes, or any such other information relevant for transaction, via SMS or by voice call on the contact number given by the user at the time of booking; Amicale Overseas 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 Amicale Overseas 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 Amicale Overseas against all types of losses and damages incurred by Amicale Overseas 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 Amicale Overseas with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

Onus of the User

Amicale Overseas is responsible only for the transactions that are done by the User through AmicaleOverseas. Amicale Overseas will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.

The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.

The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.

Online bookings : Fee Payment

Amicale Overeseas reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Amicale Overseas further reserves the right to alter any and all fees from time to time, without notice.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.

In case, there is a short charging by Amicale Overseas for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.

In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. Amicale Overseas is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

The User shall request Amicale Overseas for any refunds against the unutilized or ‘no show’ air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and Amicale Overseas as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or ‘no show’ air or hotel booking shall be deemed to have been forfeited.

Insurance

Unless explicitly provided by Amicale Overseas in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and Amicale Overseas doesn’t accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service/ product by Amicale Overseas shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and Amicale Overseas shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

Force Majure Circumstances

The user agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If Amicale Overseas is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that Amicale Overseas being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.

The User agrees that in situations due to any technical or other failure in Amicale Overseas, services committed earlier may not be provided or may involve substantial modification. In such cases, Amicale Overseas shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Amicale Overseas against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

Amicale Overseas shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of Amicale Overseas arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Amicale Overseas for its services.

In no event shall Amicale Overseas and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Amicale Overseas website(s) or any other channel . Neither shall Amicale Overseas be responsible for the delay or inability to use theAmicale Overseas websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Amicale Overseas website(s), or otherwise arising out of the use of the Amicale Overseas website(s), whether based on contract, tort, negligence, strict liability or otherwise.

Amicale Overseas 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

Insurance

Safety of Data Downlaoded

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Nevertheless, Amicale Overseas will 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.

Feedback from customers and solicitation:

The user is aware that Amicale Overseas provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes Amicale Overseas to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to Amicale Overseas for specific exclusion at hello@amicaleoverseas.com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of Amicalee Overseas on its website in accordance of which Amicale Overseas contacts, solicits the user or shares the user’s information.

Proprietary Rights:

AmicaleOversseas may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.

The User may use this material only as expressly authorized by AmicaleOversaes and shall not copy, transmit or create derivative works of such material without express authorization.

The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.

Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

Visa Obligation of the user:

The travel bookings done by AmicaleOversaes are subject to the applicable requirements of Visa which are to be obtained by the individual traveller. Amicale Overseas is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.

Right to refuse:

Amicale Overseas at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by Amicale Overseas is not complete until full money towards the service is received from the customer and accepted by Amicale Overseas.

Without prejudice to the other remedies available to Amicale Overseas under this agreement, the TOS or under applicable law, Amicale Overseas may limit the user’s activity, or end the user’s listing, warn other users of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the website if:

The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;
Amicale Overseas is unable to verify or authenticate any information provided by the user; or
Amicale Overseas believes that the user’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Amicale Overseas.

Amicale Oversaes may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with Amicale Overseas or use the website in any manner whatsoever until such time that the user is reinstated by Amicale Overseas.

Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, Amicale Overseas reserves the right to recover any amounts due and owing by the user to Amicale Overseas and/or the service provider and to take strict legal action as Amicale Overseas deems necessary

Right to cancellation by Amicale Overseas incase of invalid information from the user

The User expressly undertakes to provide to Amicale Overseas only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Amicale Overseas.

In case Amicale Overseas discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Amicale Overseas in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, Amicale Overseas shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.

The User unequivocally indemnifies Amicale Overseas of any such claim or liability and shall not hold Amicale Overseas responsible for any loss or damage arising out of measures taken by Amicale Overseas for safeguarding its own interest and that of its genuine customers. This would also include Amicale Overseas denying/cancelling any bookings on account of suspected fraud transactions.

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.

Severability:

If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

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 Amicale Overseas 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 Amicale Overseas website, then these terms shall control.

Relationships:

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 Amicale Overseas Websites or its partner websites, shall be deemed to constitute a partnership between the User and Amicale Overseas and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

Updation of the information by Amicale Overseas:

User acknowledges that Amicale Overseas provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Amicale Overseas websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Amicale Overseas notices them. Changes are/may be periodically made/added to the information provided such. Amicale Overseas may make improvements and/or changes in the Amicale Overseas websites at any time without any notice to the User. Any advice received except through an authorized representative of Amicale Overseas via the Amicale Overseas websites should not be relied upon for any decisions.

Modifications of these terms of Use:

Amicale Overseas reserves the right to change the terms, conditions, and notices under which the Amicale Overseas websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

Jurisdictions:

Amicale Overseas hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Amicale Overseas considers itself and intends to be subject to the jurisdiction only of the courts of NCR of Delhi, India.

Responsibilities of Use Visa-Vis the Agreement:

The User expressly agrees that use of the services is at their sole risk. To the extent Amicale Overseas acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall Amicale Overseas be liable for the services provided by the service provider. The services are provided on an “as is” and “as available” basis. Amicale Overseas may change the features or functionality of the services at any time, in their sole discretion, without notice. Amicale Overseas 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. No advice or information, whether oral or written, which the User obtains from Amicale Overseas or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of theAmicale Overseas pages or otherwise use any of the contents, pages, information or any other material provided by Amicale Overseas. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Amicale Overseas in writing.

I authorize Amicale Overseas representative to contact me over phone, message and email. This consent shall supersede any preferences set by me through Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).