The MOL online Platform is operated by MICE Online Hotels LLP having its registered office at A-15,Swapnasagar, Bankar corner,Narhe road,Dhayri,Pune 411041(“MOL”) .
MOL Online Platform services are only available to, and may only be used by individuals who are 18 and older who can form legally binding contracts under applicable laws.
If you are a minor, being someone who is under 18 years old, you can only use the MOL Site / MOL App and/or MOL Online Platform with the prior consent of your parents or guardian. In any event, by agreeing to use the Services on the MOL Site / MOL App, you represent and warrant that you are 18 years or above.
By using the MOL Site / MOL App and/or MOL Online Platform, you understand that any information you send to the MOL Site / MOL App may be intercepted or read by third parties even where there is notification that the transmission is encrypted.
MOL may at its sole discretion refuse to offer access to or use this MOL Site / MOL App to any person or entity and may change the eligibility criteria at any time without notice to you.
All references to Parties herein shall include, but is not limited to:
The relationship between MOL and the hotels, Providers and Vendors shall be solely that of independent contractors.
Each agreement entered into for the sale and purchase of any product and services with a service Provider and/or Vendor on the MOL Online Platform shall be an agreement entered directly between the said Service Provider and/or Vendor and the customer. Accordingly, the enforcement of any obligations under the said agreement with the customer is the sole responsibility of the relevant Service Provider and/or Vendor and the customer who are parties thereto.
The role of MOL is strictly that of an intermediary or a facilitator . As an intermediary, MOL has and assumes no responsibility and liability in respect of the following:
You warrant that all information provided to MOL Online Platform and MOL Site / MOL App as part of the registration process or entering into an agreement with MOL at all times is true, correct, accurate and complete and you will immediately notify us of any changes to the information provided.
You acknowledge that in assessing an application by a customer to register or an application by a Service Provider and/or Vendor to list and offer its products or services on the MOL Online Platform, MOL shall conduct preliminary checks against its internal criteria and policies. MOL reserves the right to reject any application in its sole discretion without providing any reasons for such rejection. You hereby give your consent for checks relating to compliance under the Information Technology Act 2000 and its related subsidiary legislations.
B. Special Conditions Applicable to Service Provider and/or Vendor
This sub-section applies only to a Service Provider and/or Vendor who list, market, advertise, promote, negotiate, sell and/or distribute any product or services on the MOL Online Platform.
C. Management and Handling of content
By uploading content to MOL Online Platform, you warrant, represent and covenant that you own and/or have the rights or are licensed to use such Content in this manner and that such Content does not infringe directly or indirectly any Intellectual Property. You further represent and warrant to MOL that you are not aware of any claims made by any third party with regards to the any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from use of the content. In the event that MOL receives a complaint in respect of any content posted by you, MOL reserves the right to remove such content immediately. In such a case, it shall be your sole responsibility to deal with such a complaint and to compensate MOL for any loss suffered.
MOL acknowledges that we will not acquire any rights in respect of the Content and that all those rights and goodwill are, and will remain, vested in you as merchant or the owner of the content, as the case may be. You shall not be entitled to use any Intellectual Property belonging to MOL without our prior approval in writing.
You agree to release, defend, protect, indemnify and hold MOL, our affiliates, and our respective directors, officers, employees, contractors, agents, users, successors, and assigns, harmless from and against any and all costs, expenses, fines, penalties, losses, damages, and liabilities arising out of any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other dispute, claim, demand or action resulting from the posting, uploading, displaying or any other dealing with the content on the MOL Online Platform.
D. Representations and Warranties by Service Provider and/or Vendor
The Service Provider and/or Vendor warrants that:
Where required, the Service Provider and/or Vendor shall at its own cost be obliged to procure all formal consents, waivers, approvals, authorisations, exemptions, registrations and/or licenses necessary for MOL to list, market, promote, feature and make available for sale the products or services on the MOL Online Platform. Where necessary, the Service Provider and/or Vendor agrees to assist and cooperate with MOL in securing regulatory approval for the listing of the products or services on the MOL Online Platform.
MOL may at its discretion as and when required, provide to the Service Provider and/or Vendor manuals setting out standard operating procedures and detailed practical requirements and the Service Provider and/or Vendor agrees to comply with the requirement of the manuals.
E. Specific warranties in relation to Intellectual Property
The Merchant warrants, represents and covenants that:
The merchant shall not be entitled to use any Intellectual Property belonging to MOL without MOL’s prior approval in writing.
A. Non-Commercial Use and Downloading of Information
MOL authorises you to view and download the information and materials at the MOL Site / MOL App and/or MOL Online Platform only for your own personal and non-commercial use provided that you ensure all copyright and other proprietary notices contained in the original materials on any copies of the materials are maintained and preserved.
All materials downloaded or otherwise obtained through the MOL Site / MOL App and/or MOL Online Platform are done at your sole discretion and risk and you shall be solely responsible for any damage to MOL’s computer system or loss of data that may result from the download of any such material. No advice or information whether oral or written obtained by you from MOL or through or from the MOL Site / MOL App and/or MOL Online Platform shall create any warranty not expressly stated herein.
B. No Unlawful or Prohibited Use
You warrant that you, either by yourself or in concert with another, will not use the MOL Site / MOL App and/or MOL Online Platform for any and all of the following activities:
C. Protecting Your Password
You will be required to provide a username and password as part of our security measures in registering you on the MOL Online Platform and MOL Site / MOL App. You are solely responsible for the security and secrecy of your username and password and should not provide this information under any circumstances to anyone not expressly authorised by you to use your account. You accept sole responsibility for any act, omission or negligence in relation to the use of your account. You must immediately change your password if you have any reason to believe that your password has been compromised. MOL shall not be liable for any loss or damaged suffered by you in relation to the use of your account.
MOL shall not be responsible for disputes between one or more users, or an outside party. If you have a dispute with another user, you release MOL, MOL Online Platform, MOL Site / MOL App, our Affiliates, officers, shareholders, directors, agents and employees from any and all claims, demands and damages of any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
C. Force Majeure
Upon the happening of any one of these events, MOL may at its discretion fully or partially suspend delivery/performance while such event or circumstances continues or terminate any order request so affected with immediate effect by written notice to you, and MOL shall not be liable for any loss or damage suffered by you as a result thereof.
A. Limitation of Liability
In no event will MOL, MOL Online Platform, MOL Site / MOL App, our Affiliates, and our officers, directors, agents, joint ventures or employees mentioned at the MOL Site / MOL App and/or MOL Online Platform be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, data or interruption arising or resulting from any of the following:
Notwithstanding any of the foregoing provisions, our liability and that of our Affiliates, our directors, officers, agents, joint ventures and employees to you or any third parties in any circumstances is limited to the actual amount of monies you have paid to MOL for the Products/services during the calendar year, or the net amount owed to you during the calendar year, as the case may be. All claims arising from the use of the MOL Site / MOL App, MOL Online Platform and/or related services must be by way of notice in writing to us of such claim, specifying in reasonably sufficient detail the nature of the claim and so far as is practicable the amount claimed in respect thereof, and shall be served within one (1) year from the date of the event/omission giving rise to the claim. Failing which, you are deemed to irrevocably waive any such entitlement, right and pursuit of any such claim.
In addition, you agree to release, defend, protect, indemnify and hold MOL, our Affiliates, and our officers, shareholders, directors, contractors, agents, joint ventures and employees harmless from any and all claims, costs, losses, demands, penalties, damages, expenses, fines or other liabilities of any nature, arising in any manner out of the your acts, omissions or negligence, or those of your employees, agents or contractors, whether in tort, contract or otherwise, including:
You hereby agree that MOL shall not be responsible and shall have no liability to you, for any material posted by others, including defamatory, seditious, vexatious, offensive or illicit material and the risk of damages from such material rests entirely with each user. MOL reserves the right at our own expense to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with MOL in asserting any available defences.
Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and MOL reserves the right to remove or delete Your information that is available with MOL, including but not limited to login and account information.
Your right to use the MOL Online Platform immediately ceases upon termination or suspension of your account. You acknowledge and hereby agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or prevent any further access to such files or the MOL Online Platform.
MOL shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by MOL in connection with such account termination or suspension.
In event of any dispute between MOL and you arising out of or in connection with your use of the MOL Site / MOL App and/or the MOL Online Platform, the parties shall endeavour in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in India. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of MOL to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein.
Any feedback you provide at this MOL Site / MOL App is non-confidential.
All legal notices or demands to MOL shall be made in writing and sent to MOL personally, by courier or certified mail to MICE ONLINE HOTELS LLP. The notices shall be effective when they are received and acknowledged receipt by MOL in any of the above manner.
All legal notices or demands to you shall be effective if either delivered personally, by courier, registered post, by facsimile or email to the last known correspondence, fax or email address provided by you to MOL. Notice to you shall be deemed to be served upon and received by you if and when MOL is able to demonstrate that communication whether in physical or electronic form has been sent to you.
All agreements, notices and other communications that MOL sends to you electronically satisfies the legal requirement for communication to be in writing.
Last Updated 26th July 2018