THESE TERMS OF USE (“TERMS”) ARE A BINDING CONTRACT BETWEEN YOU AND MAKEMYTRIP (INDIA) PRIVATE LIMITED.


MakeMyTrip India Private Limited., (“MakeMyTrip”) is rolling out a chat feature for the users on its Site, using a chatbot service, offered, run and operated by Azure Open AI (the “Chatbot Platform”).


Please read these Terms and Conditions (the “Terms”) along with our User Agreement, Terms of Use, Privacy Policy available at www.makemytrip.com/ and the Terms of Use, and Code of Conduct of Azure Open AI available respectively at https://openai.com/policies/terms-of-use/ https://learn.microsoft.com/en-us/legal/cognitive-services/openai/code-of-conduct carefully because they shall govern your use of our Site and the chatbot services that allows you to gather information and booking options which are accessible via our Site. To make these Terms easier to read, the Site and the chatbot services are collectively called the “Services.”

Click on the links below for details :
 
AGREEMENT TO TERMS
CHANGES TO TERMS OR SERVICES
CHATBOT SERVICE
WHO MAY USE THE SERVICES
PRIVACY POLICY
CONTENT AND CONTENT RIGHTS
CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL
GENERAL PROHIBITIONS AND MAKEMYTRIP’S ENFORCEMENT RIGHTS
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
WARRANTY DISCLAIMERS
INDEMNITY
LIMITATION OF LIABILITY
DISPUTE RESOLUTION
AGREEMENT TO TERMS

By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

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CHANGES TO TERMS OR SERVICES

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

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CHATBOT SERVICE

You acknowledge and agree that:


  • The chatbot services is a product of the Chatbot Platform which is integrated on the Site
  • MakeMyTrip disclaims any liability towards the operation and functionality of the chatbot services offered by Chatbot Platform
  • The chatbot services may contain errors, design flaws or other problems
  • MakeMyTrip is under no obligation to update or continue to develop the Services
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WHO MAY USE THE SERVICES
Eligibility

You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law.

Registration and Your Information

If you want to use the Services you’ll have to create an registered account (“Account”) on our Site

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

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PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

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CONTENT AND CONTENT RIGHTS

For purposes of these Terms:


  • “Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including data, analysis, and results created by Chatbot Platform as part of the Services that is based on your User Content
  • “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
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CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL

MakeMyTrip does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to MakeMyTrip and Chatbot Platform a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Chatbot Platform on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Your User Content (such as posts or comments you make) may not be removed while you are signed up to use the Services, as the deletion of your User Data would interfere with our ability to perform the Services for you. Upon your request, we will use commercially reasonable efforts to remove your User Content, but we can’t guarantee that some of your User Content isn’t stored in a general backup or archive of our systems. We are not responsible or liable for the failure to remove or delete any of your User Content.

Rights in Content Granted by MakeMyTrip

Subject to your compliance with these Terms, MakeMyTrip grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services. In case of any violation of such permitted use of the Services, you shall be solely liable and responsible.

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GENERAL PROHIBITIONS AND MAKEMYTRIP’S ENFORCEMENT RIGHTS

You agree not to do any of the following:


  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Services or any individual element within the Services, MakeMyTrip’s name, any MakeMyTrip trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MakeMyTrip’s express written consent
  • Attempt to probe, scan or test the vulnerability of any MakeMyTrip system or network or breach any security or authentication measures
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MakeMyTrip or any of MakeMyTrip’s providers or any other third party (including another user) to protect the Services or Content
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MakeMyTrip and the Chatbot Platform or other generally available third-party web browsers
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
  • Use any meta tags or other hidden text or metadata utilizing a MakeMyTrip trademark, logo URL or product name without MakeMyTrip’s express written consent
  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission
  • Impersonate or misrepresent your affiliation with any person or entity
  • Violate any applicable law or regulation
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

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LINKS TO THIRD PARTY WEBSITES OR RESOURCES

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

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WARRANTY DISCLAIMERS

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

 
INSURANCE

Unless explicitly provided by MMT in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case MMT shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by MMT shall be as per the terms and conditions of the third-party insurance company. MMT merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. MMT shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.

 
INDEMNITY

You will indemnify and hold harmless MakeMyTrip and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

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LIMITATION OF LIABILITY

NEITHER MAKEMYTRIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAKEMYTRIP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL MAKEMYTRIP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO MAKEMYTRIP FOR USE OF THE SERVICES OR CONTENT.

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DISPUTE RESOLUTION
Governing Law

These Terms and any action related thereto will be governed by the laws of India without regard to its conflict of laws provisions. Exclusive jurisdiction and venue for actions related to these Terms or your use of the Services will be the courts located in Gurugram, Haryana, and both Parties consent to the jurisdiction of such courts with respect to any such actions.

General Terms

These Terms along with our User Agreement, Terms of Use, Privacy Policy and the Terms of Use, and Code of Conduct of Azure Open AI, respectively form constitute the entire and exclusive understanding and agreement between MakeMyTrip and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MakeMyTrip and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without MakeMyTrip’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. MakeMyTrip may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by MakeMyTrip under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

MakeMyTrip’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MakeMyTrip. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.