Please read these Terms of Use Online fully before using the website and/or the iOS or Android mobile application offered/administered/made available by MICE ONLINE HOTELS LLP (“MICE Online Platform”). By visiting and using the website at www.miceonline.com (“MOL Site”), and/or the iOS or Android mobile application (“MOL App”), you agree to these Terms of Use, and any other Applicable Policies which you acknowledge represents a legally binding agreement between you and us.

  • The MOL Online Platform
  • Applicable Policies
  • Relationship of Parties
  • Selling and Purchasing Products and Services on the MOL Online Platform
  • Use of and Restrictions on the MOL Site / MOL App and MOL Online Platform
  • Disclaimer
  • Liabilities and Indemnities
  • Termination
  • Governing Law and Dispute Resolution
  • Notice and Feedback
  • Miscellaneous

1. The MOL online Platform

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”) .

These Terms and Conditions of Use (“Terms of Use”) apply to the MOL online Platform located at MOL Site and/or MOL App and the services offered on the MOL Online Platform. The MOL Site and MOL App is the property of MOL and its licensors.

By visiting and using the MOL online Platform in any manner including but not limited to visiting or browsing the MOL Online Platform, you agree to these Terms of Use including those additional terms and conditions, and policies referred to here and/or available by hyperlink which you acknowledge represent a legally binding agreement between you and MOL.

These Terms of Use apply to all users and visitors of the MOL Site / MOL App and/or MOL Online Platform, including but not limited to users who are merchants, vendors, customers, contributors of content, information and other services and materials on the MOL Site / MOL App and MOL Online Platform (“Users”).

If you are agreeing to these Terms of Use on behalf of or as a representative of a company or other organisation, you represent that you have the authority to bind that company or organisation to these Terms of Use, and the terms “you” and “your” will refer to that company or organisation.

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.

If you do not agree to these Terms of Use, do not have that authority, or are a minor and have not obtained the prior consent of your parents or guardian, do not use the MOL Site / MOL App and/or MOL Online Platform.

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.

Additional terms and conditions may apply to the purchase of any products/services and to specific portions or features of the MOL Online Platform, including promotions, contents or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions including where applicable, representing that you are of a sufficient legal age to use or participate.

You may not use the MOL Site / MOL App, MOL Online Platform or any content for any purpose that is unlawful or prohibited by the Terms of Use, or solicit the performance of any illegal activity or other activity which infringes MOL’s rights or rights of third parties.

All rights not expressly granted to you in these Terms of Use are reserved and retained by MOL or its licensors. The right and licence granted to you in these Terms of Use will be terminated if you do not comply with these Terms of Use.

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.

For the avoidance of doubt, in the event of any discrepancy in any information, including any price information, applicable policy/policies, amendments to these Terms of Use, displayed between the MOL Site and the MOL App, the information as per the MOL Site shall prevail.

2. Applicable Policies

These Terms of Use shall be read together with the Privacy Policy and any other policies which may be added to the MOL Site / MOL App from time to time.

3. Relationship of Parties

All references to Parties herein shall include, but is not limited to:

  • MOL
  • Hotels
  • Vendor/Vendors shall refer to providers of products and services on the MOL Online Platform
  • Corporate shall refer to companies and corporations utilizing the products and services on the MOL Online Platform

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:

  • The quality, quantity, content, and/or representations of the products and services of the Service Provider and/or Vendor as listed on the MOL Online Platform.
  • Any transaction entered into, including any performance or non-performance of any such transaction between the customer and the Service Provider and/or Vendor for any products and services as listed on the MOL Online Platform.
  • The accuracy of any information provided by the customer on or through the MOL Online Platform, whether directly or indirectly.

4. Selling and Purchasing Products and Services on the MOL Online Platform

A. Qualification

If you intend to list, market, advertise, promote, negotiate, sell and/or distribute any product on the MOL Online Platform, you agree that these Terms of Use shall govern the relationship and set out the terms and conditions between you, as a Service Provider and/or Vendor and MOL Online with respect to the products and services. These Terms of Use as revised from time to time shall apply to you every time you use the MOL Online Platform.

If you intend to purchase a product or services on the MOL Online Platform, you must register and create an account on the MOL Online Platform. You agree to abide without restriction to these Terms of Use as revised from time to time every time you use the MOL Online Platform.

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.

You hereby grant an irrevocable, non-exclusive, royalty free, worldwide, perpetual, sub licensable (through multiple tiers) license and right to MOL to exercise the copyright, publicity and database rights you have in the content, in any media now known or not currently known, with respect to your content. You further agree to allow MOL to store or re-format your Content on MOL Online Platform and display your content on MOL Online Platform in anyway as we choose. By uploading boutique images to MOL Online Platform, you agree that MOL has the right to use your images to promote MOL Online Platform and/or your merchant store in any external press. However, MOL will only use personal information with MOL’s Privacy Policy.

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.

During the course of your transaction on the MOL Online Platform, you may obtain personal information from a customer. This personal information shall only be used for that transaction or for MOL Online Platform-related communications, and MOL does not grant you a licence or right to use the information for unsolicited commercial messages, and you shall not add any MOL Online Platform user to your database without the express consent from the user, and without the express approval from MOL. Please refer to MOL’s Privacy Policy for further details.

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:

  • it has or will have good title to, and is the sole beneficial owner of every product/service it sells to customers on the MOL Online Platform;
  • it has the unrestricted authority to grant the rights and licenses required or contemplated by this Agreement;
  • it has all the Intellectual Property rights that are necessary to market, distribute, sell and license the products/services
  • every product/service does not and will not infringe any rights of any third party, including without limitation any Intellectual Property rights;
  • every product/service will be of merchantable quality and fit for the purposes intended;
  • every product/service will comply with any specification, performance criteria and other description provided either generally, or to MOL or to the MOL Online Platform;
  • it is not aware of any right of or claim by, any third party anywhere in the world which would prejudice the promotion or sale of the products on the MOL Online Platform or the use of any of the Intellectual Property, and no person has claimed any infringement of its right in connection, however remotely, with any product, and it will immediately notify MOL if such a claim is made;
  • listing, marketing, promotion, feature, distribution and sale of the products or services on the MOL Online Platform will not violate any law, regulation or practice;
  • every product or services, and the performance of the service Provider and/or Vendor under the agreement with the customer meets all applicable standards, laws, regulations and requirements in the country, and the place of performance of the customer agreement. Upon MOL’s written request, the service Provider and/or Vendor shall provide any written certification of compliance required by any federal, state or local law, ordinance, code or regulation; and
  • all formal consents, waivers, approvals, authorisations, exemptions, registrations, licenses or declarations of or by or filing with, any authority or contracting party which are required to be made or obtained by the Service Provider and/or Vendor in connection with the sale of the products or services on the MOL Online Platform, have been duly obtained.

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.

The warranties in these Terms of Use and other warranties as may be prescribed by law will extend to the customers and will run through to any expiration date on the Products, or if no expiration date is stated, then for such period as warranted by the Service Provider and/or Vendor, the relevant licensor, distributor or agent for the Products, as the case may be.

E. Specific warranties in relation to Intellectual Property

The Merchant warrants, represents and covenants that:

  1. its manufacture, sale, marketing, distribution or use of the products or services do not infringe directly or indirectly any Intellectual Property;
  2. MOL’s feature of the products or services on the MOL Online Platform does not infringe any Intellectual Property, whether directly or indirectly; and
  3. it is 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 the manufacture, sale, distribution or use of the products or services.

The merchant shall not be entitled to use any Intellectual Property belonging to MOL without MOL’s prior approval in writing.

5. Use of and Restrictions on the MICE Online site and MOL Online Platform

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.

You acknowledge that any use of these materials and information are copyrighted and any unauthorised use by you of any materials and information at the MOL Site / MOL App and/or MOL Online Platform may violate copyright, trademark and other laws. If you breach any of these Terms of Use, your authorisation to use the MOL Site / MOL App and/or MOL Online Platform automatically terminates and you must immediately destroy any downloaded or printed information or materials.

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 to MOL that as a condition of your use of the MOL Site / MOL App and/or MOL Online Platform, you will not use the MOL Site / MOL App and/or MOL Online Platform for any purpose that is unlawful or prohibited by these Terms of Use, conditions and notices, and the relevant and applicable laws or to solicit the performance of any illegal activity or other activity which infringes the rights of MOL or other parties, or encourage or abet in any unlawful activities.

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:

  • act in any manner or take any action which could damage, disable, impair or overload the MOL Site / MOL App, our infrastructure or interfere with any other party’s use and enjoyment of the MOL Site / MOL App and/or MOL Online Platform;
  • probe, scan or test the vulnerability of the MOL Site / MOL App or any network connected to the MOL Site / MOL App, nor breach the authentication or security measures on the MOL Site / MOL App, or any network connected to the MOL Site / MOL App, and shall not reverse look-up, trace or seek to trace any information on any other user or visitor to the MOL Site / MOL App and/or MOL Online Platform, or any other customer of MOL, including any MOL account not owned by you, to its source or exploit the MOL Site / MOL App and/or MOL Online Platform or any service or information made available or offered by or through the MOL Site / MOL App and/or MOL Online Platform, with the purpose of retransmitting to or from, or posting on the MOL Site / MOL App and/or MOL Online Platform any unlawful, threatening, defamatory, liberious, obscene, pornographic, or other material that would violate any law;
  • use an anonymising proxy, any robot, spider, other automatic device, program, algorithm or methodology, or any similar or equivalent manual, semi-automated or automated- process to monitor, access, acquire or copy any portion of the MOL Site / MOL App and/or Content, or in any way reproduce or circumvent the navigational structure of the presentation of the MOL Site / MOL App and/or Content without our prior written permission;
  • use any device, software or routine to interfere or attempt to interfere, attempt to interfere with the proper working of the MOL Site / MOL App and/or MOL Online Platform or any transaction conducted on the MOL Site / MOL App and/or MOL Online Platform, or involve any scheme to undermine the integrity of the data, systems or networks used by MOL or any user of the MOL Site / MOL App and/or MOL Online Platform or gain unauthorised access to any portion or feature of the MOL Site / MOL App and/or MOL Online Platform, or any other systems or networks connected to the MOL Site / MOL App and/or MOL Online Platform or to any MOL server, or to any of the services offered on or through the MOL Site / MOL App and/or MOL Online Platform by hacking or any other illegitimate means;
  • obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through the MOL Site / MOL App and/or MOL Online Platform;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MOL on or through the MOL Site / MOL App and/or MOL Online Platform or any service offered on or through the MOL Site / MOL App and/or MOL Online Platform, and shall not represent or pretend that you are someone else, or impersonate any other individual or entity, or use another individual’s account without the express written consent of the said individual;
  • facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate the MOL Site / MOL App and/or MOL Online Platform, any system, data or Information;
  • act in a manner that is defamatory, trade libellous, threatening or harassing;
  • engage in activities that violate any law, statute, ordinance or regulation;
  • list, market, advertise, promote, negotiate, sell, distribute or complete transactions involving restricted and/or prohibited activities by these Terms of Use, or any applicable legislation;
  • engage any act that infringes MOL’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • provide false, inaccurate or misleading Information and/or engage in potentially fraudulent or suspicious activity and/or transactions;
  • disclose or distribute another user’s information to a third party, or use the information for marketing or promotional purposes unless you receive the user’s express written consent to do so; or
  • use the MOL Site / MOL App and/or MOL Online Platform in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to MOL, you, other users or third parties; or engage in activities that would otherwise create any liability for MOL and its Affiliates.

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.

6. Disclaimer and Release

A. Disclaimer

  • The MOL Site / MOL App, the MOL Online Platform and its Content are provided on an “As Is”, “With all faults” and “As available” basis. MOL and our Affiliates, our directors, officers, agents, joint ventures and employees disclaims all warranties (express, implied or statutory) including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products, information, Content and materials at the MOL Site / MOL App and/or the MOL Online Platform. MOL does not promise that the MOL Site / MOL App, the MOL Online Platform or any Content, information, material or feature of the MOL Site / MOL App and/or the MOL Online Platform will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the MOL Site / MOL App and/or MOL Online Platform will provide specific results.
  • MOL does not control and is not liable to or responsible for the validity, accuracy, suitability, quality, safety, correctness, reliability, stability, lawfulness or availability of the products and services offered for sale on the MOL Online Platform. MOL does not represent or warrant that the manufacture, importation, offer, display, purchase, sale and/or use of the products or related services offered or displayed on the MOL Online Platform does not violate any third party rights or relevant laws and MOL does not make any representation or warranties of any kind concerning any product or services offered or displayed on the MOL Online Platform.
  • You acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with using the MOL Online Platform or related services, and that you are assuming the risks or liability or harm of any kind in connection with subsequent activity of any kind relating to the products including but not limited to the delivery of the products or related services (including calculation of taxes and issuance of tax invoices) that are the subject of transactions using the MOL Online Platform and the usage of the products. You agree that MOL, MOL Online Platform and MOL Site / MOL App shall not be liable or responsible for any damages, claims, liabilities, errors, inaccuracies, costs, harms, inconveniences, business disruptions, delays in delivery of the Products or expenditures of any kind that may arise as a result of or in connection with any such risks.
  • You understand and agree that any interactions you have with the service Providers on the Website, is strictly between You and the Service Provider. You shall not hold MOL responsible for any such interactions and associated issues. MOL is not involved in the providing any service and hence is not responsible for any outcome between You and the Service Providers with whom You interact. If You decide to engage with a service provider to provide services to You, You do so at Your own risk.
  • Some contents may be made available on the MOL Site / MOL App (including information provided in direct response to Your questions or postings) may be provided by Service providers. The provision of such contents to You by MOL does not constitute delivery of services to You and does not create a professional relationship between MOL and You.
  • Any reliance on the Information provided by the MOL Site / MOL App by You is at your own risk. The Information that You obtain or receive from MOL, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall MOL be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
  • Your use of Information provided on the MOL Online Platform is solely at Your own risk.
  • MOL does not guarantee continuous, uninterrupted or secure access to any part of the MOL Site / MOL App and/or MOL Online Platform, and operation of MOL Site / MOL App and/or MOL Online Platform may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. MOL does not ensure that any files or other data downloaded from the MOL Site / MOL App and/or MOL Online Platform will be free of contamination, virus or destructive features. MOL will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but MOL makes no representations or warranties regarding the amount of time needed to complete processing because these are dependent upon many factors outside of our control, such as delays in the banking system, communications or mail service.
  • (ix) MOL may make changes to the information, content, materials or feature at the MOL Site / MOL App and/or MOL Online Platform, or to the products and prices described in them, at any time without notice. The information, content or materials at the MOL Site / MOL App and/or the MOL Online Platform may be out of date, and MOL makes no commitment to update the information, content or materials at the MOL Site / MOL App and/or MOL Online Platform. Content, materials or information published at the MOL Site / MOL App and/or MOL Online Platform may refer to products, programs or services that are intended for use only in India and may not be used or relied upon in any other country save where otherwise provided.
  • Your remedy against MOL for dissatisfaction with the MOL Site / MOL App, the MOL Online Platform or any Content, information or material is to stop using the MOL Site / MOL App, the MOL Online Platform or any such Content, information or material.

B. Release

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

Where applicable, MOL shall not be liable or be deemed to be in breach of these Terms of Use by reason of any delay in performing or any failure to perform any obligations if the delay or failure was due to any cause beyond the party’s reasonable control, including the following:

  • act of God, explosion, flood, tempest, fire or accident;
  • war or threat of war, sabotage, insurrection, civil disturbance or requisition;
  • acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
  • import or export regulations or embargoes; or
  • interruption of traffic, strike, lock-outs or other industrial actions or trade disputes (whether involving employees of either party or of a third party).

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.

7. Liabilities and Indemnities

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:

  • the use, the results of use or inability to use the MOL Site / MOL App and/or MOL Online Platform, or any websites linked to the MOL Site / MOL App and/or MOL Online Platform, or the information or materials contained at any or all such websites, howsoever arising including negligence, whether based on warranty, tort, contract or any other legal theory or whether or not advised of the possibility of such damages;
  • any defect in goods, samples, data, information or services purchased or obtained from or through the MOL Online Platform or MOL Site / MOL App;
  • the use, the results of use or inability to use, consumption, redemption, delivery and/or fulfilment of any product or services;
  • violation of third party rights under the relevant and applicable laws, claims or demands that the manufacture, importation, export, distribution, listing, offer, advertising, promotion, display, purchase, sale and/or use of the products offered or displayed on the MOL Online Platform or MOL Site / MOL App may violate or may be asserted to violate third party rights or claims by any party that they are entitled to defence or indemnification in relation to assertion of rights, demands or claims by third party rights claimants;
  • statements, acts or conduct by any user of the MOL Site / MOL App and/or MOL Online Platform;
  • unauthorised access by third parties to data or private information of any user; or
  • any matters relating to the MOL Site / MOL App, MOL Online Platform, Products and related services (including calculation of taxes and issuance of tax invoices) however arising including negligence.

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.

B. Indemnification

You agree to release, defend, protect, indemnify and hold MOL, our Affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any and all claims, losses, demands, fines or other liabilities which may arise from your use of the MOL Site / MOL App, MOL Online Platform or related services or from your breach of any of these Terms of Use or your breach of any representations and warranties made by you.

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:

  • any breach of any terms, warranty or obligations under these Terms of Use;
  • any claim made by any customer on the basis of any agreement entered into with you;
  • any claims asserted or incurred by any third party claimants or other third parties relating to the Products offered and displayed on the MOL Online Platform;
  • any wilful, negligent act, omission or default on your part or your agent, employee, licensee;
  • the alleged or proved breach of a third party’s rights including in respect of any claim that the Product infringe, or their importation infringes the Intellectual Property rights of any third party or other claim, demand or action resulting from the advertising, promotion, manufacture, sale, distribution or use of the Products on the MOL Online Platform;
  • any other alleged act, omission, or misrepresentation by you;
  • arising out of or resulting in any way from your failure to register for GST purpose where you are required to do so;
  • any claim that a Product/service violates a person’s right to privacy or contains obscene or defamatory material; or
  • failure by you to comply with any applicable laws, regulations and requirements.

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.

8. Termination

In the event of any breach by you of these Terms of Use, MOL reserves the right to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email ID with or without notice to You.

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.

9. Governing Law and Dispute Resolution

These Terms of Use are governed by the laws of Republic of India. You hereby consent to the exclusive jurisdiction and courts of law in India in all disputes arising out of or relating to the use of the MOL Site / MOL App and/or MOL Online Platform. MOL’s performance of these Terms of Use is subject to existing laws, regulations and legal process, and nothing contained in these Terms of Use is in derogation of MOL’s right to comply with governmental, court or law enforcement requests or requirements relating to the use of MOL Site / MOL App and/or MOL Online Platform or information provided to or gathered by MOL with respect to such use.

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.

10. Notice and Feedback

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.

11. Miscellaneous

  1. You may not assign, delegate, subcontract or otherwise transfer any or all of your rights and obligations under these Terms of Use. MOL may assign these Terms of Use (including without limitation our rights, titles, benefits, interests, obligations and duties in these Terms of Use) to any person or entity without prior notification to you.
  2. If any term of these Terms of Use is at any time held by a court of competent jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms of Use.
  3. Unless otherwise specified, these Terms of Use constitutes the entire agreement between MOL and you with respect to use of the MOL Site / MOL App and/or the MOL Online Platform, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between MOL and you with respect to the MOL Site / MOL App and/or MOL Online Platform.
  4. MOL’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as waiver by MOL of any provision or right it has to enforce these Terms of Use, nor modification of any provisions of these Terms of Use.
  5. Every revision to these Terms of Use shall be effective and binding upon the publication and the same being made available on the MOL Site / MOL App, and you agree that you shall be deemed to have notice of every revision of these Terms of Use upon such publication on the MOL Site / MOL App. It is your sole duty and obligation to ensure you are apprised of these Terms of Use and all revisions made thereto at all material times.
  6. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
  7. All provisions in these Terms of Use which by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract between MOL and you.

Last Updated 26th July 2018

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