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| Agreement Between User and MakeMyTrip.com |
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This agreement incorporates the terms and conditions for MakeMyTrip.Com (“MMT”) to provide services to the User of this website ("the User") and any person(s) availing services from MMT through this website shall be deemed to have read, understood and expressly accepted these terms and conditions, which shall govern the desired transaction or provision of such services by MMT for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or MMT with respect to any services to be provided by MMT shall be restricted to the scope of this agreement.
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MMT reserves the right, in its sole discretion, to terminate the access to any or all MMT websites and the related services or any portion thereof at any time, without notice. |
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| Third Party Account Information |
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| By using the Account Access service, the User authorizes MMT and its agents to access third party sites designated by them or on their behalf for retrieving requested information, thereby appointing MMT and its agents as their agent for this purpose. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account. The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify MMT immediately in writing of any unauthorized use of his password or account or any other breach of security. MMT will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time |
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| Right To Cancellation |
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| The User expressly undertakes to provide to MMT only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from MMT. In case MMT discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, MMT in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, MMT shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services. The User unequivocally indemnifies MMT of any such claim or liability and shall not hold MMT responsible for any loss or damage arising out of measures taken by MMT for safeguarding its own interest and that of its genuine customers. |
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| Fees Payment |
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| MMT reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. MMT further reserves the right to alter any and all fees from time to time, without notice. |
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The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by MMT for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion. |
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Using the Services |
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| MMT is responsible only for the transactions that are done by the User through MMT. MMT will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction. |
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| In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular MMT website, then these terms shall control. |
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User Agreement |
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MMT is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. MMT does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The linked sites are not under the control of MMT and MMT is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. MMT is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by MMT.
MMT hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. MMT considers itself and intends to be subject to the jurisdiction only of the courts of NCT of Delhi, India.
If the User does not agree with any of the disclaimers above, they are advised not to read the material on any of the MMT pages or otherwise use any of the contents, pages, information or any other material contained on the MMT Websites. The User expressly agrees that use of the services is at their sole risk. The services are provided on an "as is" and "as available" basis. MMT may change the features or functionality of the services at any time, in their sole discretion. MMT expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The information, software, products, and services included in or available through the MMT websites may include inaccuracies or typographical errors. Changes are/may be periodically made/added to the information herein. MMT may make improvements and/or changes in the MMT websites at any time without any notice to the User. Any advice received except through an authorised representative of MMT via the MMT websites should not be relied upon for any decisions.
MMT at its sole discretion reserves the right not to accept any customer order without assigning any reason thereof. Any contract to provide any service by MMT is not complete until full money towards the service is received from the customer and accepted by MMT.
User acknowledges that MMT provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, the User agrees and accepts that in exceptional situations due to any technical or other failure, services committed earlier may not be provided or may involve substantial deficiency. In such cases, MMT shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of MMT against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
Without prejudice to whatever is stated above, the maximum liability on part of MMT arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever beyond the amount charged by MMT for its services...
In no event shall MMT and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the MMT website(s). Neither shall MMT be responsible for the delay or inability to use the MMT websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the MMT website(s), or otherwise arising out of the use of the MMT website(s), whether based on contract, tort, negligence, strict liability or otherwise. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, which the User obtains from MMT or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. In case the User is not satisfied with any services provided under this site or any portion of the MMT website(s), or with any of these terms of use, their sole and exclusive remedy is to discontinue using this site after notifying MMT in writing.
The customer is aware that MakeMyTrip provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience.
The customer hereby specifically authorizes MakeMyTrip to contact the user with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he / shall write to MakeMyTrip for specific exclusion at (service@makemytrip.com).
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| Proprietary Rights |
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| MMT may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The User may use this material only as expressly authorized by MMT and shall not copy, transmit or create derivative works of such material without express authorization. |
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| The User acknowledges and agrees that he/she shall not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. |
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| Modification of These Terms of Use |
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| MMT reserves the right to change the terms, conditions, and notices under which the MMT websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions. |
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| Personal and Non-Commercial Use Limitation |
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| Unless otherwise specified, the MMT websites are for the User’s personal and non - commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MMT website(s) without the express written approval from MMT. |
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| Relationship |
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| None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of MMT Websites or its partner websites, shall be deemed to constitute a partnership between the User and MMT and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. |
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| Headings |
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| The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of MMT Websites or its partner websites or any provision hereof in any manner whatsoever. |
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| Interpretation Number and Gender |
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| The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole. |
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| Indemnification |
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| The User agrees to indemnify, defend and hold harmless MMT and/or its affiliates, partner websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MMT and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement. |
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| Severability |
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| If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect. |
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