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AGREEMENT BETWEEN USER AND MAKEMYTRIP

APPLICABILITY

This User Agreement ("User Agreement") forms the terms and conditions for the booking of services and products of MakeMyTrip (India) Private Limited ("MMT").

Any person ("User") who creates a profile by registering on MMT website or platform______ (“myPartner Platform”), for accessing and facilitating the processing of booking of any product(s) or service(s) on myPartner Platform, agrees to be governed by this User Agreement.

Both User and MMT are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.

ELIGIBILITY TO USE

The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User. If you are a minor or are below the age of 18 years, you shall not register as a User of the myPartner Platform and shall not transact on or use the myPartner Platform.

As a minor if you wish to use or transact on the myPartner Platform, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate or block your access to the myPartner Platform if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false.

Before using the myPartner Platform, the Users shall compulsorily read and understand this User Agreement and shall be deemed to have accepted this User Agreement as a binding document that governs User's dealings and transactions with MMT. If the User does not agree with any part of this Agreement, then the User must not access and book the services facilitated by MMT on myPartner Platform.

All rights and liabilities of the User and MMT with respect to any services or product facilitated by MMT shall be restricted to the scope of this User Agreement.

CONTENT

All content provided on the myPartner Platform ("Content") are protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein and authorised by MMT.

User agrees to follow all instructions provided by MMT which will prescribe the way such User may use the Content.

There are a number of proprietary logos, service marks and trademarks displayed on the myPartner Platform of MMT. MMT does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.

WEBSITE

myPartner Platform is meant to be used by a bonafide User(s) for a lawful use. User shall not distribute exchange, modify or transmit anything from the myPartner Platform, including but not limited to any text, images, audio and video, for any business, commercial or public purpose other than scope of services agreed between the Parties.

The User Agreement grants a limited, non-exclusive, non-transferable right to access and facilitate the processing of booking of any product(s) or service(s) facilitated by MMT on myPartner Platform as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the myPartner Platform in any manner whatsoever.

The User represents and warrants that all information supplied to MMT while registering on myPartner Platform is true and accurate.

MMT reserves the right, in its sole discretion, to terminate the access to the myPartner Platform and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.

MMT will always make its best endeavors to ensure that the content on myPartner Platform are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the myPartner Platform is done entirely at the User's own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information. MMT reserves the right to periodically make improvements or changes on myPartner Platform at any time without any prior notice to the User. User(s) are requested to report any content on myPartner Platform which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to report@go-mmt.com. On receiving such report, MMT reserves the right to investigate and/or take such action as the Company may deem appropriate.

LIMITED LIABILITY OF MMT

MMT always acts as a facilitator by connecting the customer of the User (whose booking is being processed by the User) with the respective service providers like airlines, hotels, restaurants, bus operators etc. (collectively referred to as "Service Providers"). MMT's liability is limited to the facilitation service provided by MMT. MMT will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.

Unless explicitly committed by MMT as a part of any product or service:

  • MMT assumes no liability for the standard of services as provided by the respective Service Providers.
  • MMT provides no guarantee with regard to their quality or fitness as represented.
  • MMT doesn't guarantee the availability of any services as listed by a Service Provider.

By facilitating the processing of booking of any product(s) or service(s) on myPartner Platform, the User understands MMT merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not MMT.

USER'S RESPONSIBILITY

Users are advised to check the details and description of the services and products carefully before facilitating the processing of booking of any product(s) or service(s) on myPartner Platform. User(s) agree to be bound by all the conditions as contained and laid out in booking confirmation. These conditions are also to be read in consonance with the User Agreement available on MMT platform.

The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the services made available through MMT. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t access and facilitating the processing of booking of any product(s) or service(s) or for each transaction on myPartner Platform.

The services are provided on an "as is" and "as available" basis. MMT may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. MMT expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from MMT or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

User also authorizes MMT's representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.

SECURITY AND ACCOUNT RELATED INFORMATION

The User shall be solely responsible for maintaining the confidentiality of all the login id, password of the account as well as for all activities on the account. It is the duty of the User to notify MMT immediately in writing of any unauthorized use of their 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 the password or account, either with or without the User's knowledge. User understands that any information that is provided to this myPartner Platform may be read or intercepted by others due to any breach of security at the User's end.

MMT keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection etc., MMT may at times verify certain information of its Users as and when required. MMT adopts the best industry standard to secure the information as provided by the User. However, MMT cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too. The data of the User as available with MMT may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

FEES AND PAYMENT

In addition to the cost of booking as charged by the Service Providers, MMT reserves the right to charge certain fees in the nature of convenience fees or service fees to the customer of the User. MMT further reserves the right to alter any and all fees from time to time.

The User shall be responsible for its own fees, duties, taxes and assessments arising out by facilitating the processing of booking of Services on myPartner Platform as per the applicable laws.

The User agrees and understands that all payments shall be made as per the instruction of MMT from time to time.

Booking(s) made by the User on myPartner Platform are subject to the applicable cancellation policy as set out on the booking page or as communicated in writing.

COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME (LRS)

The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which include any international booking made on the myPartner Platform. The User warrants and confirms that PAN details will be shared by the User on or before the cut-off date prescribed by MMT either at the time of booking or after the booking is made. In case of minor, MMT will require PAN details of the parent/guardian of such minor. The User further confirms that non-compliance of this requirement may result in cancellation of the booking. The User authorizes MMT to share the information or data with third party(ies) for collecting or verifying PAN details of customer of the User.

FORCE MAJEURE

There can be exceptional circumstances where MMT and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of MMT. The User agrees that MMT being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.

The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, MMT’s obligation shall be limited refunding the booking amount, if any, received from the User. Such refund shall completely discharge MMT from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.

In no event shall MMT and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the myPartner Platform.

RIGHT TO REFUSAL BY MMT:

MMT at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.

MMT will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.

In addition to other remedies and recourse available to MMT under this User Agreement or under applicable law, MMT may limit the User's activity, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the myPartner Platform if:

  • The User is in breach of this User Agreement; or
  • MMT is unable to verify or authenticate any information provided by the User; or
  • MMT believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of MMT, or MMT itself.

If a User breaches this User Agreement, MMT reserves the right to recover any amounts due to be paid by the User to MMT, and to take appropriate legal action as it deems necessary.

The User shall not write or send any content to MMT which is, or communicate with MMT using language or content which is:

  • abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
  • contrary to any applicable law;
  • violates third parties' intellectual property rights;
  • a spam; or
  • in breach of any other part of these terms and conditions of use.

If the User violates any of the aforesaid terms, MMT shall be at liberty to take appropriate legal action against the User.

RIGHT TO REFUSAL BY END SERVICE PROVIDER:

User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the customer of the User, for any booking made through myPartner Platform with/without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of MMT and the User agrees and will ensure that the customer confirms that any claim, refund or damages against such refusal shall lie solely against the end service provider and not MMT.

RIGHT TO CANCEL

The User expressly undertakes to provide MMT with correct and valid information while facilitating the processing of bookings of Services, and not to make any misrepresentation of facts. 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 is not correct or that any fact has been misrepresented by that User, MMT shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User or the customer. In such an event, MMT shall not be responsible or liable for any loss or damage that may be caused to the User in the booking, as a consequence of such cancellation of booking or services.

If any judicial, quasi-judicial, investigation agency, government authority approaches MMT to cancel any booking, MMT will cancel the same without approaching the concerned User or customer whose booking has been cancelled.

FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES

MMT's employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User's mobile or computer screen. Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.If you are ever asked for any of the aforesaid information, please report it immediately on riskcontrol@go-mmt.com.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless MMT, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User or the customer of the User.

The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and MMT cannot be held responsible for the same.

COVID-19 RELATED TERMS & CONDITIONS:

The User agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the customer of the User, by assigning or not assigning any specific reason for such refusal.

In such cases MMT will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by MMT to the User subject to receipt of the same from the end service provider. The User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that are mandatory to follow in order to undertake the travel.

The User agrees to abide and will ensure that customer will abide with all such guidelines/SOP. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where the service provider or any person authorized by the Central Government, State Government or statutory body may disallow the User. In such circumstances, MMT will not be held liable for such refusal to travel and refund, if any, shall be strictly as per the terms of the service provider.

User understands that the Central Government, State Governments and various other bodies, may mandate downloading of Arogya Setu App or submitting a self- declaration form prior to entering a transit point like airport, railway station etc. or at the time of checking-in for a flight, into a hotel etc. Accordingly, the User must ensure that all customers downloading of Arogya Setu App on their smartphones or provide any other alternate such as self-declaration when demanded.

User undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority from time to time. The customer of the User should have no medical history of the COVID-19 virus 28 days before the date of scheduled travel, especially in case of inbound travel. In this regard the customer of the User may be required to furnish a medical proof or health declaration in a applicable format.

MISCLLEANEOUS

SEVERABILITY: If any provision of this User 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 User Agreement shall continue to be in full force and effect.

JURISDICTION: This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Delhi.

AMENDMENT TO THE USER AGREEMENT: MMT: reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

CONFIDENTIALITY: Any information which is specifically mentioned by MMT as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.

FEEDBACK FROM USER: MMT would like to know the feedback of the Users for improving its services. The User hereby authorizes MMT to contact the User for their feedback on various services offered by MMT. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to MMT for specific exclusion at privacy@go-mmt.com

PRIVACY POLICY: User shall also refer to MMT's Privacy Policy available on MMT myPartner Platform which governs use of the myPartner Platform. By using the myPartner Platform, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by MMT and its affiliates in accordance with the terms of the Privacy Policy.