Discovernauts (“us”, “we” or “our” as the context requires) is a private service offering instant online travel search services (including but not limited to city and country rankings, flight, hotel and tour offers) and other travel related services (the “Discovernauts Services”) to users throughout the world via our websites, apps and other platforms (the “Discovernauts Platforms”).
Discovernauts is not a travel agent and not a binding travel advisory and is not responsible for providing, or for setting or controlling the information or prices applicable to, any of the travel options or products (such as flights or hotels) which you may search for, find on and/or book via the Discovernauts Services or Discovernauts Platforms (“Third Party Travel Products”). All such Third Party Travel Products are provided by independent travel agents, airlines, hotels, tour operators or other third parties and are subject to the terms and conditions imposed by those third parties.
To the extent that any element of the Discovernauts Services and/or Discovernauts Platforms is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via the Discovernauts Services and/or Discovernauts Platforms on this page and you will be deemed to have accepted any amendments if you continue using the Discovernauts Services and/or Discovernauts Platforms after the amendments are displayed.
If you do not accept all of these Terms then you should not use the Discovernauts Services or Discovernauts Platforms.
You may only use the Discovernauts Services and Discovernauts Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to download, access and use the Discovernauts Services and/or Discovernauts Platforms for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such licence to you subject to you agreeing that you shall not:
- use the Discovernauts Services and/or Discovernauts Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Discovernauts; or (v) you do not otherwise have any rights or the permissions you need to make available
- use the Discovernauts Services and/or Discovernauts Platforms for any commercial purpose or in any manner which may cause damage to Discovernauts or bring Discovernauts into disrepute;
- disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Discovernauts Services and/or Discovernauts Platforms, except as permitted by law;
- copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Discovernauts Services and/or Discovernauts Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Discovernauts Services and/or Discovernauts Platforms;
- use or interfere with the Discovernauts Services and/or Discovernauts Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- introduce onto, or transmit via, the Discovernauts Services and/or Discovernauts Platforms any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
- remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on the Discovernauts Services and/or Discovernauts Platforms or pass off or attempt to pass off the Discovernauts Services and/or Discovernauts Platforms as the product of anyone other than Discovernauts;
- use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Discovernauts Services and/or Discovernauts Platforms or any part thereof.
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Discovernauts Services and Platforms (together, the “Intellectual Property Rights”) are owned by or licensed to Discovernauts. You acknowledge that by using the Discovernauts Services and/or the Discovernauts Platforms, you will not acquire any right, title or interest in or to Discovernauts Services and/or Discovernauts Platforms or in or to the Intellectual Property Rights except for the limited licence to use the Discovernauts Services and Discovernauts Platforms granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the Discovernauts Services and/or Discovernauts Platforms in source-code form.
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the Discovernauts Services and/or Discovernauts Platforms, please send a written notification of such infringement by contacting us here.
Please read this section carefully. This section limits the Discovernauts companies’ liability to you for issues that may arise in connection with your use of the services. If you do not understand the terms in this section or elsewhere in this agreement, please consult a lawyer for clarification before accessing or using the services.
The information, software, products, and services published on or otherwise provided via the services may include inaccuracies or errors, including reservation availability and pricing errors. The Discovernauts companies do not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the accomodation, flights, tours, visa, insurance or any other travel products displayed on the services (including, without limitation, the pricing, availability, photographs, list of accomodation, flights, tours, visa, insurance or other travel product amenities, general product descriptions, reviews and ratings, etc.). In addition, the Discovernauts companies expressly reserve the right to correct any availability and pricing errors on the services and/or on pending reservations made under an incorrect price.
Discovernauts makes no representations of any kind about the suitability of the services, including the information contained on its websites or any portion thereof, for any purpose, and the inclusion or offering of any products or service offerings on its websites or otherwise through the services does not constitute any endorsement or recommendation of such products or service offerings by Discovernauts, notwithstanding any awards distributed based on user reviews. All such information, software, products, and service offerings made available by or through the services are provided “as is” without warranty of any kind. Discovernauts disclaims all warranties, conditions, or other terms of any kind that the services, its servers or any data (including email) sent from Discovernauts, are free of viruses or other harmful components. To the maximum extent permitted under applicable law, Discovernauts hereby disclaims all warranties and conditions with regard to this information, software, products, and the services, including all implied warranties and conditions or terms of any kind as to of merchantability, fitness for a particular purpose, title, quiet possession and noninfringement.
The Discovernauts companies also expressly disclaim any warranty, representation, or other term of any kind as to the accuracy or proprietary character of the content available by and through the services.
The third party suppliers providing accomodation, flights, tours, visa, insurance, travel or other services on or through the services are independent contractors and not agents or employees of the Discovernauts companies. The Discovernauts companies are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Discovernauts has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and it has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Subject to the foregoing, you use the services and the presented content at your own risk and in no event shall the Discovernauts companies (or their officers, directors and/or employees) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of the services or with the delay or inability to access, display or use the services (including, but not limited to, your reliance upon reviews and opinions appearing on or through the services; any viruses, bugs, trojan horses, information, software, linked sites, products, and services obtained through the services (including, but not limited to any Discovernauts companies’ syncronization product); personal injury or property damage, of any nature whatsoever, resulting from your use of the services’ servers and/or any and all personal information and/or financial information stored therein; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content; or otherwise arising out of the access to, display of or use of the services) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Discovernauts or its corporate affiliates has been advised of the possibility of such damages.
If the Discovernauts Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of the Services, then the Discovernauts Companies’ liability will in no event exceed, in the aggregate, the greater of the transaction fees paid to the Discovernauts Companies for the transaction(s) on or through the Services giving rise to the claim.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Discovernauts Companies.
You agree to defend and indemnify the Discovernauts Companies and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of the Services, including the Discovernauts Companies’ websites.
The Services may contain hyperlinks to websites operated by parties other than the Discovernauts Companies. Such hyperlinks are provided for your reference only. The Discovernauts Companies do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The Discovernauts Companies’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.
Please note that the Software, including, without limitation, all HTML, XML, Java code and Active X controls contained in the Services, is owned or licensed by Discovernauts, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement or this agreement (as applicable).
Discovernauts, the globe logo, the rating bars and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of World Discovery LLP and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Discovernauts or the applicable trademark holder. In addition, the look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of Discovernauts and may not be copied, imitated or used, in whole or in part, without the prior written permission of Discovernauts. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Discovernauts.
All rights reserved. Discovernauts is not responsible for content on websites operated by parties other than Discovernauts.
Your use of the Discovernauts Services and/or Discovernauts Platforms is entirely at your own risk.
Although we enforce strict ‘price accuracy’ policies with all partners who provide us with travel data and endeavour to ensure that the content displayed on or via the Discovernauts Services and Platforms is up todate and accurate, we cannot guarantee the reliability or accuracy of such content. We provide the Discovernauts Services and Platforms on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the Discovernauts Services and Discovernauts Platforms (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.
Discovernauts is not a travel agent and is not responsible for providing any travel options displayed via the Discovernauts Services and/or Discovernauts Platforms or for setting or controlling the prices we display. Any Third Party Travel Products which you find and/or book via the Discovernauts Services and/or Discovernauts Platforms are provided by independent travel agents, airlines, hotels, travel operators or other third parties (“Travel Providers”).
Discovernauts facilitates your bookings with Travel Providers but is not responsible and has no liability to you in respect of such bookings. The identity of the relevant Travel Provider and the terms and conditions applicable to your booking with them (“Travel Provider Terms”) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking.
The Travel Provider Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event of anything going wrong.
You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations, revocation of frequent flier miles and other benefits, and additional charges.
Where you have used the Discovernauts Platforms to book two or more related travel products within a 24-hour period (for example a flight and, separately (within 24 hours of the first booking) a hotel) then this may be classified as a “Linked Travel Arrangement” depending on where you are located and the applicable consumer protection laws that apply. Where a Linked Travel Arrangement has been created, you will not have the same level of consumer protection that you would get where you book both a flight and hotel together through one single agent (where you may then get the benefits that apply to booking holiday packages). This means that you need to rely on each individual provider to perform their services, and do not have legal recourse to the organiser or the retailer of a package. In the event of the insolvency of one of the providers involved in the Linked Travel Arrangement, the protections available under the EU Package Travel Regulations will not apply.
These Terms set out the full extent of Discovernauts’s obligations and liabilities in respect of the Discovernauts Services and Platforms.
Discovernauts has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Discovernauts Services and/or Discovernauts Platforms (including, without limitation, any Travel Provider). In the event that you encounter any problems with any booking you make or attempt to make via Discovernauts, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with Discovernauts. Where the Discovernauts Services and/or Discovernauts Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may see advertising material submitted by third parties on the Discovernauts Services and/or Discovernauts Platforms. Each individual advertiser is solely responsible for the content of its advertising material and Discovernauts accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Discovernauts Services and/or Discovernauts Platforms; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the Discovernauts Services and/or Discovernauts Platforms or any content contained provided therein.
Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or the Discovernauts Group Companies, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of the Discovernauts Services and/or Discovernauts Platforms or breach of these Terms.
You acknowledge that your unauthorised use of the Discovernauts Services and/or Discovernauts Platforms may result in irreparable damage and injury to Discovernauts and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Discovernauts Services and/or Discovernauts Platforms.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the Discovernauts Services and/or Discovernauts Platforms.
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