USE OF WEBSITE
- equipment malfunctions;
- periodic maintenance procedures or repairs which Drishti may undertake from time to time; or
- causes beyond the control of Drishti or which are not reasonably foreseeable by Drishti.
This Website and the content provided herein, including the text, graphics, button icons, digital downloads may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Drishti, except that you may download, display and print the materials presented on the Website for your personal, non-commercial use only.
RESTRICTION OF USE
You agree not to use the Website to:
- Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Website;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including Drishti’s servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Website;
- Delete or revise any information provided by or pertaining to any other user of the Website;
- Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Website, or to circumvent or modify any security technology or software that is part of the Website;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind in manner what so ever including through the website. If you do so, you acknowledge you will have caused substantial harm to Drishti, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Drishti Rs 10,000 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Accessing the Website (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Website and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
- Use the Website to advertise or promote competing services;
- Use the Website in a manner inconsistent with any and all applicable Law;
- To unlawfully collude against another person in restraint of trade or competition.
- Attempt, facilitate or encourage others to do any of the foregoing.
FARES AND GENERAL INFORMATION
Fares are based on ferry type and dimensions, length width and height, the number of passengers, ferry route, travel dates and times. Some bookings cannot be made or purchased on some Services without onboard accommodation. Your booking may require you to depart and/or return at or within specified dates and times or impose other conditions. If you do not adhere to such specified dates and times or comply with such conditions, you may be refused travel and/or have your booking specification and accommodation changed, and/or be subject to additional charges payable prior to boarding.
Ferry and passenger space and onboard accommodation are subject to allocation by Drishti and therefore may not always be available. Certain fares are subject to additional conditions including a general condition that Drishti reserves the right to cancel.
Drishti retains the right to vary fares according to market conditions or costs which are beyond our control including, but not limited to, currency fluctuations, oil prices, increases and government legislation.
Drishti shall not be liable under any circumstance whatsoever, for the loss of life, or any injury of any kind, arising out of but not limited to an accident, attempted robbery or any unforeseeable natural disaster, during the course of, or pursuant to you using Drishti’s Services. Further you are solely responsible for your personal belongings and property, and Drishti shall not be held liable in any manner whatsoever for any loss arising out of, but not limited to, theft or damage to your personal property during the course of, or pursuant to you using Drishti’s Services. In the event of the above circumstances, Drishti shall not be held liable in any manner whatsoever for any claims for compensation for the aforesaid loss.
Further,Drishti will not be held liable in any way, in the event you miss the ferry due to any delay in your flight, train, bus or any other mode of commuting, and Drishti will not entertain any refund request in this regard.
For booking ferry tickets through the Website, payment is possible via credit card, debit card, internet banking. Drishti is not under any obligation whatsoever to transfer the tickets or other travel documents to the User before the successful completion of the payment procedure. In the event the payment is successfully completed, but the booking, is no longer technically possible, such as for example in the case of a server time out or any other technical error, Drishti will refund the User within 3-5 working days, the amount which was paid, without levying any fees of any kind. The Users bank may then withhold the value of the amount from the User, based on their own prescribed procedures. Drishti has no control or responsibility concerning banks’ own internal processes in this regard.
All departure/arrival times are estimated by Drishti and are given as local times. You are advised to check with the Drishti for any changes prior to commencing your journey. Sailing schedules may be interrupted and/or crossing times extended or cancelled due to adverse weather conditions and/or tidal conditions and/or other circumstances, in the interest of the safety of all our passengers. It may be necessary to use alternative ships or points of departure or arrival on any sailing or to change/withdraw the facilities/services available for various operational, technical or scheduling reasons.
Drishti reserves the right to change routes or time schedules, substitute ships/boats and without prior notice to you. If a scheduled stop is substituted or eliminated, Drishti will not be responsible for making alternate arrangements for transportation to the originally scheduled stop.
At any time after the commencement of the ferry services, irrespective of whether the ship/boat has deviated from its course, Drishti will have the right to terminate its Services if the performance is or will be hindered or prevented by events beyond the control of Drishti or if Drishti considers that such termination is necessary for the management and/or safety of the ship/boat or persons onboard.
GENERAL BEHAVIOUR AND DECORUM TO BE OBSERVED
On boarding the ferry, you should comply with the instructions of the Drishtis employees and agents concerning all matters connected with the Service and should comply with any notice exhibited on the vessel/ferry. Drishti reserves the right to refuse to accommodate any passenger or goods without assigning reason.
Further Drishti reserves the right to refuse its Services to any person who:
- does not or cannot produce a valid ticket;
- is deemed unruly;
- uses abusive or offensive language;
- is in an unclean state;
- is likely to cause distress or discomfort to other passengers, or crew and staff of Drishti;
- has engaged in any unlawful activities affecting either directly or indirectly Drishti’s staff or other passengers;
- fails to follow any safety or operational instructions issued by Drishti’s staff and crew; or
- for any other reason whatsoever, where the safety or security of staff, crew or passengers of Drishti may be at risk.
Drishti and its crew have the right to inspect the contents of any passenger’s luggage or freight for any noxious plant or animal pest.Drishti at its sole discretion has the right to refuse its Services to any passenger carrying any noxious plant or animal pest.
Alcohol and Drugs
The carriage of any alcoholic beverages or narcotic substances, by any person who avails of Drishti’s Services, is strictly prohibited. Drishti reserves the right to refuse admission into the ferry or access to its Service to any individual who it deems, at its sole discretion, to be unfit to travel, including but not limited to any person under the influence of alcohol or drugs or any other narcotic substances. Drishti will not be liable for any loss or contingency in this regard.
The carriage of animals/pets are not permitted without the express written permission of Drishti to be given at the time of booking. A charge will be levied for the carriage of any pets, and further conditions may be imposed. The Customer is legally responsible for the animals and wholly responsible for obtaining any necessary documents, consents and permission. Drishti will not be liable for any loss or contingency in this regard.
Hazardous Materials and Dangerous Cargo
Drishti will not accept bookings carriage of dangerous or hazardous materials, including but not limited to, devices powered by L.P.G., unless a written permission has been obtained from Drishti and such permission may be subject to additional charges and conditions. You shall be responsible to Drishti for the carriage of such materials, whether declared or undeclared. In the event that you seek to carry undeclared dangerous/hazardous materials, carriage may be refused without refund. Carriage of hazardous or dangerous cargo shall at all times be at your sole risk and the you shall fully indemnify Drishti in respect of the consequences of the carriage thereof
THIRD PARTY SERVICES AND CONTENT
TERM AND TERMINATION
Termination by Drishti:
Termination by User:
REVIEW OF TRANSMISSIONS.
DISCLAIMER OF WARRANTIES.
LIMITATION OF LIABILITY
(1) the total amount of all tickets or registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, Rs 5000
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal
JURISDICTION AND DISPUTE RESOLUTION
You and Drishti agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims, may not preside over any form of class, consolidated or representative proceeding and may only provide relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Drishi Cruise & Ferries Pvt Ltd - Registered Office Address - 1st FLOOR, DOURADO HOUSE, DONA PAULA, PANJI, Goa - 403004. Number - 8380011600
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Drishti, the same must be filed within 2 (two) months after such claim arose; otherwise, your claim is permanently barred.