1. Introduction

1.1 These Terms of Service govern your use of the OYSTER HOLIDAYS website, services and products (collectively the “Services”). Please read these Terms of Service carefully before using the Services. By using the Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not use the Services.

1.2 OYSTER HOLIDAYS may, from time to time, make changes to these Terms of Service. Any such changes will be effective immediately upon posting to the OYSTER HOLIDAYS website. Your continued use of the Services following the posting of changes to these Terms of Service constitutes your acceptance of those changes.

2. Use of the Services

2.1 The Services are made available for your personal, non-commercial use only. You may not use the Services for any other purpose.

2.2 In order to use the Services, you must create an account with OYSTER HOLIDAYS. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

2.3 OYSTER HOLIDAYS reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

3. Content

3.1 The Services may include information, text, software, photos, video, graphics, music, sound, and other material (collectively, “Content”). The Content may be owned by OYSTER HOLIDAYS or may be provided by third parties.

3.2 You may not copy, modify, reproduce, sell, lease, rent, loan, distribute, or create derivative works based on the Content, in whole or in part, without the prior written consent of OYSTER HOLIDAYS or the applicable third party owner.

4. Proprietary Rights

4.1 The Services and all Content are protected by copyright, trademark, and other laws of India and foreign countries. OYSTER HOLIDAYS owns and retains all rights, title, and interest in and to the Services and all Content.

4.2 You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

5. Third Party Sites and Content

5.1 The Services may provide links to websites and content of third parties (“Third Party Sites & Content”). OYSTER HOLIDAYS does not control, endorse, or approve any Third Party Sites & Content and makes no representation or warranty of any kind regarding any Third Party Sites & Content, including:
(a) accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of Third Party Sites & Content; or
(b) websites or locations on the Internet suitable for users from India. You agree that OYSTER HOLIDAYS is not responsible or liable in any way for any Third Party Sites & Content. Your use of Third Party Sites & Content is at your own risk and you should make your own decisions about it.

6. Disclaimers

6.1 THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OYSTER HOLIDAYS 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.

6.2 OYSTER HOLIDAYS MAKES NO WARRANTY THAT:

(A) THE SERVICES WILL MEET YOUR REQUIREMENTS;

(B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR

(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

6.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability

7.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT OYSTER HOLIDAYS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF OYSTER HOLIDAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(A) THE USE OR THE INABILITY TO USE THE SERVICES;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(E) ANY OTHER MATTER RELATING TO THE SERVICES.

7.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Termination

8.1 You may terminate your account with OYSTER HOLIDAYS at any time by discontinuing your use of the Services. OYSTER HOLIDAYS may terminate your account at any time for any reason without notice to you.

9. General Terms

9.1 These Terms of Service constitute the entire agreement between you and OYSTER HOLIDAYS and govern your use of the Services.

9.2 You agree that these Terms of Service and your use of the Services will be governed by the laws of India without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Bangalore, India to resolve any legal matter arising from these Terms of Service or your use of the Services. Notwithstanding this, you agree that OYSTER HOLIDAYS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

9.3 The failure of OYSTER HOLIDAYS to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

9.4 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

9.5 The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.