Terms and Conditions of SVH Tours and Travel Services

Users of the Services offered by SVH Tours and Travel Services acknowledge and accept these terms and conditions.

Owner of SVH Tours and Travel Services and related Services

SVH Tours and Travel Services, Inc.
1731 W. Glenoaks Blvd. Suite 202
91201 – Glendale CA
USA
edwin@svhtravel.com

Introduction

This document

This document is a legal agreement between you, the User, and the entity providing SVH Tours and Travel Services. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms.
For simplicity, “User,” “you,” “your” and similar terms, either in singular or plural form, refer to you, the User. ”SVH Tours and Travel Services, Inc.”, “we,” “our,” “us” and similar terms refer to the corporation that owns and manages SVH Tours and Travel Services as outlined in the present document. “SVH Tours and Travel Services” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.

Acceptance of this Agreement

In order to use SVH Tours and Travel Services, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.

Information about SVH Tours and Travel Services

SVH Tours and Travel Services is an online platform which helps the Traveler to create their own personalized vacancies packages with the help of our expert Consultants.

Registration, content on SVH Tours and Travel Services and prohibited use of SVH Tours and Travel Services

Registration

In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.

It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User’s access credentials.

If the User has reasons to believe that their account is no longer safe because it has supposedly been, including but not limited to, hacked, stolen, lost, unduly disclosed etc., the User should immediately notify the Owner at the email address provided at the beginning of the present document.
By registering on SVH Tours and Travel Services, you represent and warrant that you are an adult according to the legislation in your country.

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service at any time, through the interface of SVH Tours and Travel Services or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.

The Owner reserves the right to suspend or terminate the User’s account at any time and without notice if it believes that:

  • User has violated this Agreement; and/or
  • User’s access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
  • the use of SVH Tours and Travel Services by the User may result in violation of law or regulations; and/or
  • in case of an investigation by legal action or governmental involvement; and/or
  • the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.

Content provided by the Owner

The content available on SVH Tours and Travel Services is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User’s device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on SVH Tours and Travel Services, nor allow any third party to do so through the User or its device, even without User’s knowledge.
Where explicitly stated on SVH Tours and Travel Services, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through SVH Tours and Travel Services, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through SVH Tours and Travel Services, that they upload and post on or through SVH Tours and Travel Services, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:

  • other Users file complaints;
  • a notice of infringement of intellectual property rights is received;
  • it is decided to do so in view of, or as a result of, legal actions;
  • said action is solicited by a public authority; or
  • if it is believed that the content, while being accessible via SVH Tours and Travel Services, may put at risk the Users, third parties, the availability of the Service and/or the Owner.

Rights over content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain SVH Tours and Travel Services.

By submitting, posting or displaying content on or through SVH Tours and Travel Services, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on SVH Tours and Travel Services. The Owner is not responsible for the content provided by third parties or for its availability.

Services provided by third parties

Users may use third-party services or content included in SVH Tours and Travel Services, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Forbidden use

The Service shall be used only in accordance with these Terms.
Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on SVH Tours and Travel Services or any portion of it;
  • circumvent any technology used by SVH Tours and Travel Services or its licensors to protect content accessible via it;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through SVH Tours and Travel Services;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of SVH Tours and Travel Services or its content;
  • rent, lease or sublicense SVH Tours and Travel Services;
  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
  • publish any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
  • publish any content or carry out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of SVH Tours and Travel Services or another User’s experience or devices. Such activity includes: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;
  • probe, scan or test the vulnerability of SVH Tours and Travel Services, including the services or any network connected to the website, nor breach the security or authentication measures on SVH Tours and Travel Services, including the services or any network connected to SVH Tours and Travel Services;
  • conceal their identity or steal someone else’s identity or, in any case, pretend to be or represent a third party, if not expressly allowed to do so by such third party;
  • manipulate identifiers in order to disguise or otherwise conceal the origin of their messages or of the content published;
  • harvest or collect any personally identifying information of other Users, including but not limited to the email addresses or contact information, by circumventing the privacy setting of User’s account on SVH Tours and Travel Services or by any other means;
  • register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through SVH Tours and Travel Services in any way;
  • indicate or try to imply in any manner that you have a relationship with SVH Tours and Travel Services or that SVH Tours and Travel Services has endorsed you, your products or services or any third party’s products and services for any purpose;
  • use SVH Tours and Travel Services to publish or otherwise disseminate copyrighted material, without the consent of the copyright holder;
  • use SVH Tours and Travel Services in any other improper manner that violates the Terms.

Fidelity program and the agreement with third parties

Our fidelity program

The Owner promotes a fidelity program which allows Travelers to collect points by taking certain actions (e.g. completing surveys, messaging or emailing photos and videos etc.) and to get rewarded for such activities.
To find out more about this program, its terms and the prizes at stake, the Traveler is invited to visit the dedicated section of SVH Tours and Travel Services.
To participate in the fidelity program, the Traveler must read and accept the fidelity program terms which are incorporated herein by reference and therefore an integral part of the Agreement.

Purchase of third party services

The Traveler acknowledges and agrees that the Owner is not a party to any contract for the purchase of third party services on SVH Tours and Travel Services, including, without limitation, hotels, rent-a-car services, airlines, cruises, group travels, air tickets, vacation packages etc.
Each party of this agreement is solely responsible for the enforcement and performance of its rights and obligations and SVH Tours and Travel Services is not involved in the contracting between the third party service provider and the Traveler or in the provision of services to Travelers.
SVH Tours and Travel Services has no control over and does not guarantee the quality, safety or legality of the services provided by third parties posted on or through SVH Tours and Travel Services, the truth or accuracy of listings, the qualifications, background, or the ability of third party providers to deliver their service or complete a transaction. The Traveler must look solely to their counterpart for the enforcement and performance of all the rights and obligations pursuant to the agreement entered into with the third party service provider, and any other terms, conditions, representations, or warranties associated with such dealings.

Third party service refund

To find out if and under what conditions refunds are allowed by any third party service provider, Travelers must refer to their agreement with these providers and ask directly to such third parties if they wish to have further information or if they want to ask for a refund.
The Owner doesn’t hold funds on third service providers’ behalf, cannot guarantee their work, and, unless explicitly stated otherwise, does not endorse or sponsor any of their services displayed on SVH Tours and Travel Services.

Indemnification and limitation of liability

Disclaimer of Warranties

The Owner provides the services to you strictly on an “As is” basis. To the maximum extent permitted by applicable law the Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any:

  • errors, omissions or inaccuracies in any “content”;
  • personal injury or property damage of any nature whatsoever resulting from your access to and use of the “services” and “SVH Tours and Travel Services”;
  • any unauthorized access to or use of our systems and/or any information accessible through such systems;
  • any interruption of the “services”;
  • any viruses, trojan horses, bugs, malware or the like in or transferred through the “services” or through the actions of any third party;
  • any access to your device and/or information available through such access; and/or
  • any loss or damage of any kind incurred as a result of the use of the “services.”

The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the “services” or any website accessible through the “services.”
No action from or on behalf of the Owner or any other source shall create any warranty not expressly stated in this agreement.
Some jurisdictions do not allow the exclusion of warranties, so the above warranty exclusions may not apply to you.

Limitations of liability

SVH Tours and Travel Services and all functions accessible through SVH Tours and Travel Services are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User’s specific goals.
SVH Tours and Travel Services and functions accessible through SVH Tours and Travel Services are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of SVH Tours and Travel Services. Therefore, the Owner shall not be liable for:

  • any losses that are not a direct consequence of the breach of the Agreement by the Owner;
  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of SVH Tours and Travel Services due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third party services or applications; and
  • incorrect or unsuitable use of SVH Tours and Travel Services by Users or third parties.

Without prejudice to the foregoing and to what’s elsewhere provided for in this document, the User specifically acknowledges and agrees that the Owner does not exercise, and is in no position to exercise, any control and, consequently, does not assume any responsibility with regard to, including but not limited to:

  • third parties’ performance of the agreement with the Traveler
  • third parties’ services quality or availability
  • Traveler’s payment to third parties and related deadlines
  • Traveler’s visas and any other documents required to visit the chosen location as per the laws, regulations and orders of said countries
  • Traveler’s vaccination and other health care precautions as recommended by laws, regulations or local health authorities
  • war, riot, political instability, and other event disruptive of the social environment in the chosen destination
  • any event beyond the Owner’s control such as adverse weather conditions, strikes, changes of flights *etc.* suitable to adversely affect the travel experience

The responsibility to check and research the safety and the conditions of the destination country lies entirely with the Traveler.

Indemnity

You agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and expenses) arising from:

  • your use of the Service;
  • your violation of this Agreement;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that your content caused damage to a third party.

Software license and intellectual property rights

Software license

SVH Tours and Travel Services grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Softwares and/or any other technical means embedded in the Service provided by SVH Tours and Travel Services. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules.
The User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Softwares related to the Service, like any other copyright or other intellectual property rights, are the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Softwares, and acknowledges that their use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under the Agreement.
The right to use the Softwares, does not grant any rights to the original source codes. All techniques, algorithms, and procedures contained in the Softwares and their documentation are information protected by copyright and sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in the Agreement.
All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.

Other Intellectual properties rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos and/or copyrights that appear concerning SVH Tours and Travel Services and all rights in and to the user interface, features and functionality of SVH Tours and Travel Services and underlying software, including code (“Owner’s IP”) are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not grant you any rights whatsoever in any Owner’s IP except to the extent necessary for you to use the Services in compliance with the Agreement.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on SVH Tours and Travel Services are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Joint provisions

DMCA Notice

Under the Digital Millennium Copyright Act (“DMCA”), you can request that the Owner remove material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice,” which must comply with the requirements specified by the law. (If you have any question on these requirements that are not answered by this section of the Agreement, please see Section 512(c)(3) of the Digital Millennium Copyright Act). Your “takedown notice” must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must send this takedown notice in physical form to SVH Tours and Travel Services as follows:
SVH Tours and Travel Services, Inc.
1731 W. Glenoaks Blvd. Suite 202
91201 – Glendale CA
USA
You can also send a copy by email to edwin@svhtravel.com but you must send the physical version described above to the physical mail address specified.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Service interruption

From time to time the Owner may change certain aspects of the Service, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law.
The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.

Privacy Policy

For information about the use of their personal data, Users must refer to the privacy policy of SVH Tours and Travel Services which is hereby considered to be part of these Terms.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through SVH Tours and Travel Services or otherwise communicating with you. Such changes will only affect the relationship with you for actions after you have accepted the new Agreement. Previous versions, which are archived by the Owner, will govern the relationship prior to your acceptance. You can email the Owner for a copy of any previous version. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.

Assignment

This Agreement, and any rights and licenses granted in this Agreement, cannot be transferred or assigned by you without the Owner’s prior written permission, but may be assigned by the Owner without restriction.

Contacts

You consent to the Owner contacting you by your telephone number (if provided) or your email address. All communications relating to Application must be sent using the contacts stated in this document. If you send a communication by email you must have valid confirmation of receipt to provide promptly to the Owner if requested.

Cancellation and termination of the Agreement

Save as provided in the section “Deleting Users accounts and account termination”, we reserve the right to terminate the Agreement and cancel your account also in the following cases:

  • in case of discontinuation of the Service;
  • in case we suspect that you have engaged in any fraudulent or, in general, illegal activity in connection with SVH Tours and Travel Services or
  • if requested to do so by any public authority for any reason.

without prejudice to any further action we may bring before the competent Courts in order to protect and safeguard our rights.
Upon termination of the Agreement by either party for any reason:

  • we will cease providing you with the Service and you will no longer be able to access your account;
  • the content that you published (if any) will be taken offline unless it has been used by the Owner for advertising and/or promotional purposes or shared by any other Users of SVH Tours and Travel Services.

Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices published by the Owner constitute the entire agreement between Owner and you concerning the Services.

Severability

If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

No Waiver

The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

Definitions

Service
The travel consultancy service provided by the Consultant to the Traveler via SVH Tours and Travel Services.

Traveler/s
The registered User who purchase the Service offered by SVH Tours and Travel Services.

Consultant/s
Each expert that delivers the Service to the Traveler via SVH Tours and Travel Services.

Software
The software embedded in the Service provided by the Owner.

User
Any user of the Service, whether a human being or legal entity.

Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.

Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the order.

Order Confirmation
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.