Privacy Policy and Security

The Privacy Policy (“Policy”) in general terms explains how Bespoke Experiences (referred to in this Privacy Statement as “BE”) protects the privacy of your personal information. We are firmly committed to protecting the privacy and confidentialityof personal information and maintain various physical, electronic and procedural safeguards to protect your personal information in our care.

BE respects your privacy and is committed to protect the personal information that you disclose to us. This Privacy Statement applies to Lushescapes.com and/or any Website owned, operated, licensed or controlled by BE (referred to in this Privacy Statement as the “Site”). This Site is intended for use by persons who are over 18 years of age. By using this Site, you agree to the Terms and Conditions including this Privacy Policy. If you do not agree with any part of this Policy, you must not provide your personal information to us and this may affect the services we can provide to you. In this Policy, where we use the term “disclose”, it includes transfer, share, send or otherwise make available or accessible your personal information to another person or entity.

Information Collection –

As used in this Policy, the term “personal information” means information that identifies you personally, either alone or in combination with other information available to us. When you browse the Site and have not registered for any online service from BE, you browse anonymously and no. personal information is collected as you browse. “Personal Information” in other words is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including but not limited to a first and last name; email address; a home, postal or other physical address; or other contact information. Personal Information can be provided in various ways: (1) information you provide to us, such as opting in to one of our email lists; for instance when you register for or request any Site service, or; (2)You complete Holiday Inquiry or Query Form online, you may be asked to provide us with Personal Information which is used to enhance your Site experience, expedite communications, allow you to receive electronic / postal mailings from BE, or help facilitate your travel with BE, or; (3) from your Browser, such as IP address, operating system, type of browser (check your browser settings for what it shares) or; (4) through “Cookies” which are small text files that are placed on your hard disk by a Web Server. We may use “Cookies” to collect information about the way visitors use our Sites , pages visited and length of visit to assist us in analyzing visitors’ interests and needs and to improve the content and functioning of our Sites. Cookies cannot be used to install programs or deliver viruses to your Computer; (5)And additionally, we may request your destination and travel interests, which allows us to further personalize your Site and email messages.

Generally, the type of personal information we collect about you is the information that is needed to facilitate your travel arrangements and bookings and to arrange travel-related services and products on your behalf. For example: we may collect information such as your name, residential address, mailing address, email address, telephone number, passport details, frequent flyer details, information about your dietary requirements and health issues (if any), and other details relevant to your travel arrangements or required by the relevant travel service providers (eg: airlines, accommodation or our providers).

If you become aware that any of the personal information in our records is wrong, inaccurate or has been altered, please contact us. If you have any additional questions regarding your personal information, please contact us. We will respond promptly within the time limits established by applicable law. We may ask you for additional information to verify your identity, for your protection. In most cases, we will delete or correct any inaccurate information you discover in our records. However, in some cases, we may limit or deny your request if the law permits or requires us to do so.

By accepting this Policy you consent to the use (including processing and storage), transfer and disclosure of your information and data referred to in this Policy for the purposes set out in this Policy.

Registration for Online Products and Services

In order to provide service to you on the Site, we may request that you voluntarily supply us with Personal Information for purposes such as correspondence, Site registration, or participating in Site surveys and / or contests. If you are known to us as a registered user of BE Site, we may combine information about your use of Site products or services with certain other online and offline information we have about you as a BE customer as well as information available from external sources in order to customize your Site experience and present you with relevant online and offline communications.

Email

BE may send you emails based on Personal Information you provided, both online and through your transactions with BE. These emails may come directly from BE or from a company we have engaged on our behalf. You can opt – out of receiving marketing email from BE as described below in the section entitled: “Declining Email.” When we send you email, we may use your email address to identify information about your receipt of the email, including whether the communication was opened, how many times it was viewed and whether you clicked on an embedded hyperlink to reach a particular web page. This information is used to measure response rates to email communications as well as enhance your Site experience.

BE does not provide your Personal Information to its business partners. However, we may send you offers on behalf of our business partners. If you take advantage of an offer from a BE business partner and become their customer, they may independently wish to send emails to you. In this case, you will need to inform them separately if you wish to decline receiving future emails from them.

Declining Email –

BE provides all its recipients with a means to decline receiving marketing email. At any time, you may request to discontinue receiving email from BE by following the opt-out instructions included at the bottom of all BE marketing emails and informing us of your preference. If you would like to be removed from all BE communications, please call +97143929792 and speak to a travel consultant or email us at travel@lushescapes.com.

Children

This Site is not used to knowingly solicit Personal Information from or market to children under the age of 18 years. This Site is intended for use by persons who are over 18 years of age. Therefore, we request that children under the age of 18 should not submit any Personal Information to us through the Site. If we learn that we have inadvertently gathered Personal Information from children under the age of 18, we would promptly remove such information from our records.

Customer Information –

If you would like information about your account, believe that BE has not complied with this Statement Policy with respect to your Personal Information, or you have other related inquiries or concerns, you may write to :
Bespoke Experiences
509,
X3,Cluster X
JLT
DUBAI
UAE
In your letter, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the BE Policy has not been complied with. BE will investigate your inquiry or concern promptly.

Linked Internet Sites

You should be aware that other Internet sites to which you link to from this Site may contain privacy provisions that differ from the provisions of our Policy. BE is not responsible for the privacy practices or content of other such sites. We encourage Site users to be aware when they leave the Site and to read the privacy statements of each and every Website which they visit to determine their privacy practices and whether the site collects personally identifiable information. This Policy applies solely to information collected by this Site.

Security

BE uses Secure Socket Layers (“SSL”), a reasonable security measure for transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. When you begin the transaction process, you will move into the secure area of our Site. A warning window may pop up to notify you that you are entering this “safe” area. Once you have entered, the page address (“URL”) will change from http to https, to let you know you are in a secure area. You will remain in this secure zone for the entire transaction process. We maintain the data you provide, along with a record of your purchases, in a secure database. We limit the information we provide to outside companies with whom we contract to only what they need to carry out their responsibilities. We also encourage our partners and service providers to adopt and follow stringent consumer privacy policies .

Copyright Policy

This Site is owned and operated by BE. By using www.lushescapes.com and / or any Web site (referred to as the “Site”) owned, operated, licensed or controlled by BE, you signify your agreement to the following terms of use and by using

www.lushescapes.com and / or any Web site (referred to as the “Site”) owned, operated, licensed or controlled by BE, you agree to the following terms of use. If you do not agree to these terms, you may not use this Site and you must exit this Site immediately.

All information, text, logos, graphics, images, software, and other content (referred to as the “Materials”) that make up to this Site are the property of BE or its licensors and the Site i.e. www.lushescapes.comis under Copyright @2009 to 2018 with Bespoke Experiences, all rights reserved.

The Materials may refer to transportation, hotel accommodations, restaurants and other services that are supplied by various independent suppliers that are not subject to BE’s control. BE cannot, therefore, be liable for death, personal injury or any other loss that may occur (1) due to any act or omission of any such supplier, (2) by reasons of any other event over which it has not control.

No Materials from the Site may be copieds, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of site Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of BE’s copyright and other proprietary rights. For purposes of this agreement, use of any such Materials on any other Web site or networked computer environment is prohibited. Journalists and search engines may cite or refer to the URL of this site without limitation. All others may cite or refer to the URL of this site once granted permission after completing our Marks & Logo Usage agreement. All trademarks, service marks, and trade names appearing in the Site are the property of their respective owners.

Jurisdiction

Unless otherwise specified, the Materials in the Site are presented solely for the purpose of promoting travel programs, services, and other products available in the regions where BE operates. Any offer for any travel programs, services, or products made in the Materials is void where prohibited. This Site is controlled and operated by BE from its offices within UAE and India. BE makes no representation that Materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disclaimer

The materials and this site are provided on an ‘as is, as available’ basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, BE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

BE does not warrant that this site or the server that makes it available are free of viruses or other harmful components. You (and not BE) assume the entire cost of all necessary servicing, repair or correction. BE makes no representation or warranties regarding the use or the results of the use of the materials in this site in terms of their currency, correctness, accuracy, reliability, or otherwise. BE makes no representations or warranties whatsoever about any third party services or any web site which you may access through this Site. When you access a non-BE site or a Site which you may access through this Site, understand that it is independent from BE and BE has no control over or responsibility for contents on or the availability of that web site. A link to a non-BE web site does not constitute or imply an endorsement or recommendation by BE. All information on this site regarding travel programs, dates, prices, services and products is subject to change without notice. Applicable law may not allow the exclusions of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability –

You agree and acknowledge that BE will have the right of indemnification for any loss that may be caused to BE for any misuse of its Site by you and will have all rights to approach the appropriate Court of law for enforcement of such rights. BE, under no circumstances, including, but not limited to, negligence, shall BE be liable for any direct, indirect, special or consequential damages arising out of or related to the use of, or the inability to use, the materials in this Site or on any other hyperlinked web site or any third party services, even if BE has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BE’s total liability for all damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you to BE, if any, for accessing this site.

We cannot accept responsibility for any services which do not form part of our agreement. This includes, for example, any additional services which any supplier agrees to provide or arrange for you where we have not agreed to provide or arrange these services as part of our Agreement.

The promises we make to you about the services we have agreed to provide or arrange as part of our agreement and the laws and regulations of the country in which your claim occurred, if any, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.

Other

This agreement shall be governed by and construed in accordance with the laws of the UAE without giving effect to any principles of conflicts of law. If any provisions of this agreement shall be unlawful,void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Marks & Logo Usage

Before granting permission to download, copy, reproduce, republish, upload, poste, frame, hyperlink to, transmit, or distribute Bespoke Experiences (referred to in this Marks & Logo Usage agreement as “BE”) trademarks, logos, data, text, pricing, software, photographs, graphics, images, videos, illustrations, designs, icons, related documentation and content (referred to collectively in this Marks & Logo Usage agreement as the “Marks”) from the www.lushescpaes.com, and / or any Webs site (referred to as the “Site”) owned, operated, licensed or controlled by BE, or before you begin to use the Marks, we need to establish what you can expect from BE, and what we expect from you (the “undersigned”).

If you agree to these terms following your review of them, please download and print a copy of the Usage agreement form, complete the contact information, sign in the space provided, and return the original to BE at the address provided on the form. If you do not agree to these terms, you may not download or use any Marks. ,

Download Usage Agreement Form

Usage Agreement Terms

Acknowledgement

You acknowledge by your access to your Web site and acceptance of this Agreement that You are an authorized representative of your company and its products and services.

Use and Quality Standards

BE authorizes You to use the Marks as presented on the Site, and the associated goodwill, in connection with your promotion and distribution of the BE products and services. You may not alter or sell any Marks or grant any other person or entity any right to use the Marks, unless otherwise agreed to by BE. You agree that your use of all of the Marks will conform to the quality standards set by and under the control of BE. BE discourages rebating and other forms of price discounting. By using any Marks, You agree not to advertise or promote BE products or services at less than published rates. If there is a violation, and You do not follow the guidelines specified in this agreement, BE reserves the right to take legal action in the interest of protecting the integrity of BE brand.

From time to time, the Marks posted by BE on the Site may be updated by BE without notice. You agree to use the most current version of the Marks available on the Site. You agree to check the Marks on the Site regularly for changes or discontinuance of any Mark, but in no event less frequently than monthly. Prior to your use of any Mark, you agree to submit a specimen of the proposed use of the Mark to BE for approval. You agree to discontinue the use of any Mark that BE deems inappropriate.

Ownership

You acknowledge that, as between you and BE, BE owns all right, title and interest in and to the Marks and their associated goodwill. You further acknowledge that the Marks have acquired secondary meaning in the minds of the public. You receive no rights to the Marks, express or implied, except the limited use rights of the Agreement. You will not register, directly or indirectly, any trademark, service mark, trade name, company name, Internet domain name or other proprietary or commercial right that is identical or confusingly similar to the Marks or that constitute translations thereof. Upon BE’s request, You will execute the instruments that may be appropriate to register, maintain or renew the registration of the Marks in BE’s name within the territory You are authorized to distributed the BE products and services.

Infringement

You will immediately notify BE if you learn

(i) of any potential or actual infringement of the Marks by a third party or;

(ii) that the use of the Marks may infringe the proprietary rights of a third party. BE will determine the steps to be taken under these circumstances. You agree to

(i) provide BE with the assistance that BE may reasonably request and

(ii) take no steps on its own without BE’s prior approval.

Warranty, Disclaimer of Warranty

The Marks are provided on an “as is” basis. All warranties or conditions with respect to the Marks, including, but not limited to, any implied warranties of merchantability, fitness for particular purpose, satisfactory quality, are hereby overridden, excluded and disclaimed. Under no circumstances will BE be liable for any consequential, indirect, special or incidental damages or losses, whether foreseeable or unforeseeable, based on your claims or those of your dealers or customers (including claims for loss of goodwill, profit, use of money, stoppage of work or other impairment of assets), arising out of breach or failure of warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, even if advised of the possibility of such damages. In no event shall BE’s total liability for all damages, losses and causes of action, whether in contract, tor (including, but not limited to, negligence) or otherwise exceed the amount paid by you to BE, if any, for the use of the Marks.

Compliance with Law

You will take all reasonable steps to ensure that your use of the Marks complies with all applicable laws and regulations where You promote and distribute the BE products and services.

Indemnification

You agree to defend, indemnify and hold BE and its affiliates, agents, employees, officers, shareholders and directors (referred to in this Marks & Logo Usage agreement as “Indemnified Parties”) harmless from and against any liability, loss, damage, demand, claim, cost, judgement, award, interest, penalty and expense resulting from, based upon, arising, out of or relating to any claims, suits, actions, charges or proceeding brought against the Indemnified Parties arising from any third-party claim as a result of your breach of this agreement, your violation of any law or rights of any third party or your use of our website and any claim that your use of the Marks infringes or violates the intellectual property right or other proprietary rights of a third-party.

Termination

BE may terminate your right to use the Marksimmediately at any time by giving written notice to the Client if:

i. you commit any material breach of any Contract and/or of these Conditions

ii. you fail to cure any breach of this Agreement within thirty (30) days of BE’s or its affiliates’ notice, or;

iii. you cease to be an authorized distributor of BE products and services for any reason.

Upon termination, You will

(i) cease all use of the Marks and (

(ii) destroy or return to BE, at BE’s option, any items bearing a Mark.

You further agree that:

(i) all goodwill of BE and

(ii) You will not be entitled to any compensation or other payment upon termination of this Agreement for any reason.

Termination or expiry of any Contract or Agreement shall be without prejudice to any rights, obligations or causes of action of either party which have accrued prior to the date of termination and shall not affect the continuing in or coming into force of any provision of that Contract or Agreement which, whether expressly or by implication, is to continue in or come into force following the expiry or termination.

Miscellaneous

This Agreement, and the distribution agreement that You may have with BE or its affiliates states the entire agreement between us with respect to the Marks and overrides all prior statements, terms and representations. In the event of any conflict between your distribution agreement and this Agreement, this Agreement will prevail. If any provision of this Agreement is declared unenforceable, it will be severed, and the remainder of the Agreement will continue in full force and effect. This Agreement is governed by the laws of the UAE excluding its conflict laws, and may be modified or supplemented only in writing signed by both parties.

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