TERMS AND CONDITIONS
The website ExperienceSaga.com (“Website”) is an internet-based experiences and surprise based portal owned and operated by ODM Entertainments Pvt. Ltd. (referred as “Company” or “Us” or “We” or “ODM Entertainments” or “ODM”), a pvt. ltd. firm registered under the laws of India.
Through the Website, ODM Entertainments. (ODM) shall provide you (“User”) experience packages and surprises (“Service”), as more particularly described and defined in the terms of service (“TOS”) relating to such Service, This Service may be availed by the User, his family members and friends in India at any time during the year through various vendors (“Organizer”).
This User Agreement (“Agreement”) sets out the terms and conditions on which ODM shall provide the Services to the User through the Website. For some bookings company may use officially registered payment gateways (Razorpay/Paytm/Instamojo)/direct bank deposit/cash deposit to collect payment directly instead through our website. Under such cases also these terms of services apply. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by ODM from time to time. Such TOS 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.
Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgment and acceptance by the User of this Agreement and the TOS.
MODIFICATION OF TERMS
ODM reserves the right to change, modify or remove the Terms & Conditions without giving any prior notice. The User shall be responsible for regularly reviewing these terms and conditions.
The services are available to all individuals who are at least 18 years of age. By registering to use our services, you represent and warrant that you are at least 18 years of age. ODM has the right, in its sole discretion, to suspend or terminate your use of services and refuse any and all current or future use of all or any portion of ODM’s services.
You will release, indemnify, defend and hold harmless ODM Entertainments, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Platform content or your use of the Platform content; (3) the Experiences or your use of the Experiences (including Trial Experiences); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to ODM Entertainments. When ODM Entertainments is threatened with suit or sued by a third party, ODM Entertainments may seek written assurances from you concerning your promise to indemnify ODM Entertainments; your failure to provide such assurances may be considered by ODM Entertainments to be a material breach of this Agreement. ODM Entertainments will have the right to participate in any defense by you of a third-party claim related to your use of any of the Platform content or Experiences, with counsel of ODM Entertainments choice at its expense. ODM Entertainments will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend ODM Entertainments against any claim, but you must receive ODM Entertainments prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform or Experiences.
ODM Entertainments hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. ODM Entertainments considers itself and intends to be subject to the jurisdiction only of the courts of Delhi, India.
LIMITATION OF LIABILITY
This agreement is solely limited to the commission earned by ODM Entertainments, less all the expenses to perform the experience/deliver the surprises purchased through the platform. ODM Entertainments will not be liable for any direct, indirect, incidental & consequential damage due to the experience/service/product booked through us in any manner.
CANCELLATIONS, EXCHANGES AND REFUNDS
Packages/Surprises once sold cannot be exchanged, cancelled or refunded. Please make sure you check the time and location before you book your packages. For same day bookings, certain add-ons are subject to availability. Incase of non-availability of certain add-ons, the customer will be refunded the amount of the add-ons (if paid). However, no other refund shall be made.
For packages booked with photography, only raw photographs in digital form will be provided via a downloadable link.
If there is a complaint, ExperienceSaga must be informed within 2 hours of experience delivery time. Otherwise, the case will not be considered.
LOSS OF PERSONAL BELONGINGS
ODM accepts no responsibility for loss of any personal property. We will also not be responsible for any tickets that are lost or stolen.
COLLECTION OF PERSONAL INFORMATION
When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. We track the Internet address of the domains from which people visit us and analyze this data for trends and statistics, but the individual user remains anonymous.
Some of our web pages use “cookies” so that we can better serve you with customized information when you return to our site. Cookies are identifiers which a web site can send to your browser to keep on your computer to facilitate your next visit to our site. You can set your browser to notify you when you are sent a cookie, giving you the option to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you.
There are times when we may collect personal information from you such as name, physical address or telephone number. It is our intent to inform you before we do that and to tell you what we intend to do with the information. Generally, you will have the option not to provide the information, and in the future you will be able to “opt out” of certain uses of the information.
USE OF YOUR INFORMATION
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our services, inform you about offers, customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our offerings, we collect and analyze demographic and profile data about our users’ activity on our Website.
We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
SHARING AND DISCLOSE OF YOUR INFORMATION
You are required to submit your personal information at the time of booking a package and subsequently making a payment on the website. This personal information includes your name, email id, phone number and your location. We may share this information with the person organizing the event. We may also share this personal information with our corporate entities and affiliates to help them trigger rewards as per their marketing needs.
ODM uses an online payment gateway that is operated by a third party and the information that you share with ODM is transferred and shared with such third party payment gateway operator. The said operator may also have access to your online purchase history/details that you make from the website.
The security of your personal information is important to us. ODM strives to ensure the security of your personal information and to protect your personal information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, ODM adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption.
Notwithstanding anything contained in this policy or elsewhere, ODM shall not be held responsible for any loss, damage or misuse of your personal information, if such loss, damage or misuse is attributable to a Force Majeure Event.
If we decide to change our policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.