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Privacy Policy
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Terms and Conditions as of 1 November 2007 PRELIMINARIES These are the terms and conditions governing your use of the website www.MeGo.in (hereinafter referred to as the "Site"). Your use of this Site is subject to the binding and irrevocable acceptance without modification of these Terms and Conditions and you agree to use this Site in accordance with and subject to these Terms and Conditions. MeGo.in Site (hereafter referred to as the “Site” or “MeGo”) is owned and operated by Jumpwire eServices Private Limited, an Indian company incorporated under the under the Companies Act, 1956 registered number U74120DL2007PTC167365 having its registered office at Room # 2, 3rd floor, Beri House, 309A/4, Govindpuri, Maa Anandmai Marg, New Delhi – 110019. These Terms and Conditions become effective and you consent to be bound by these Terms and Conditions as soon as you access any part of the www.MeGo.in Site after which you become a “User” of the site. You must read, agree with and accept all of the Terms and Conditions contained in these Terms and Conditions and MeGo’s Privacy Policy, Security statement and the additional Terms and Conditions of Accommodation providers. MeGo.in may amend these terms at any time by posting the amended Terms and Conditions on the Site. All amended terms shall automatically become effective thirty days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. These Terms and Conditions can only be amended with a separate agreement signed in writing by MeGo and you. These Terms and Conditions were created on 1 November 2007. You are advised to regularly check for any amendments, revisions or updates to the Terms and Conditions. LANGUAGE The working language of MeGo.in and Jumpwire eServices Private Limited is English. With your use of our services you warrant to us that you are fully able to understand the English language. We provide some or all information on the Site and in the booking process in other languages. This information is provided to you for informational purposes only. In any case, the English language version shall prevail and be legally binding. We strongly recommend that, as you read these Terms and Conditions, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further Terms and Conditions that apply to you as a user of the Site. Please note: underlined words and phrases are links to these pages and websites. By accepting these Terms and Conditions, you also agree that your use of websites of our parent company and affiliates will be governed by the Terms and Conditions and Privacy Policy posted on those websites. 1. “MeGo Users” and “MeGo Services” MeGo Users are “Accommodation Providers” or “Guests”. You must read and review the services offered by MeGo as described in MeGo Services. MeGo Services are offered to two kinds of USERS: Accommodation providers (as MeGo Hotel Services) and Guests (as MeGo Guest Services). · “Accommodation providers” (hereafter called Accommodation provider or Accommodation Providers) are defined as those Users who own an Accommodation or own the business of providing accommodation (by being travel agents or partners or proprietors or other persons in Accommodation business as the case may be) and who are legally allowed to sell room inventory of an accommodation and/or related goods and services and choose the price & information related to such inventory, goods and services. · “Guests” (hereafter called Guest or Guests) are defined as those users who avail the “MeGo Guest Services” (as defined under MeGo Services) and “Accommodation service” of Accommodation providers as defined below (who sell their room inventories using MeGo’s Direct to Hotel platform mentioned in MeGo Services). · “Booking Guests” (hereafter called Booking Guest or Booking Guests) are defined as those “Guests” who make an online payment to MeGo (using the Site’s payment facility) towards the Booking of an Accommodation Service for the Accommodation Provider. 2. Accommodation Service Accommodation service (hereafter called Accommodation service) is defined as the service offered by an Accommodation Provider on MeGo. An Accommodation Service can be provided at all types of accommodations including but not limited to Hotels, Paying Guest Houses, Bed and breakfasts, Guest Houses, Inns, Lodges, Houseboats, Machaans, Service Apartments etc. As an Accommodation provider, you accept that you are providing this service legally after obtaining the necessary permissions or license from the government or local authorities. You accept that you shall not engage in any transaction in this accommodation service which is prohibited by the provisions of any applicable law. You accept that you are currently providing this service legally to the Guests and following all government laws, rules, regulations, directions, orders or instructions, statutes and ordinances etc As a Guest, you accept that a Double Occupancy room has a capacity for 2 persons only. Every subsequent person requires an extra bed. Similarly a Single occupancy room has a capacity for 1 person only. An extra bed needs to be booked for all additional persons occupying the room. An Extra bed can accommodate exactly 1 person. A person can be an adult or a child. In some cases the Accommodation Provider may charge for Accommodation service of children below a certain age at a lower / discounted rate. Also an Accommodation Provider may consider a child above a certain age equivalent to an adult for Accommodation service. You must read the Accommodation’s description carefully to know this information. Any discounted rates for Children will be paid by the Guest to the Accommodation provider at the Accommodation itself. Any additional services, apart from those paid for by the Guest (at the time of Booking with MeGo) towards Accommodation Service, will have to be paid by the Guest directly to the Accommodation provider before / during / after availing the Accommodation Service (as per Accommodation provider’s rules). The Guest shall be responsible to find out this information from the Accommodation provider before availing the service for such cases. 3. Eligibility Only the persons who can form legally binding contracts under applicable law are eligible to use the Site. Any person(s) who are “incompetent to contract” the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell or purchase for any service/goods available on the Site. MeGo.in reserves the right to terminate your membership and even refuse to provide you with an access to the Site as and when MeGo discovers you are a minor. If you are a business entity using this site as an accommodation provider or a Travel agent / Sales agent / re-Accommodation Provider for an accommodation or any other business entity, you represent that you have the authority to bind your entity into this agreement. 4. Agreement to Electronic communication When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are subject to the jurisdiction of Delhi, India. 5. Your information If you use the Site, you are responsible for maintenance and confidentiality of your account, information and Password; and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. As a Guest, you agree to: a) Provide true, accurate, current and complete information about yourself as prompted by MeGo's registration form (such information being the "Registration Data") at the time of Membership. b) Maintain and promptly update the “Registration Data” to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or MeGo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, MeGo has no liability arising out of the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site. As an Accommodation Provider, you agree to: c) Provide true, accurate, current and complete information about yourself as prompted by MeGo's “add a hotel” and Direct to Hotel platform Listing (such information being the "Direct to Hotel platform Information"). d) Maintain and promptly update the “Direct to Hotel platform Information” such as Inventory and Pricing to keep it true, accurate, current and complete. If you provide or leave any information that is untrue, inaccurate, not current or incomplete or MeGo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, MeGo has no liability arising out of the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site. 6. Service Fee Policy Registration for Membership on the Site is free. MeGo does not charge any fee for browsing the site. MeGo charges its Accommodation providers and Guests as per the Service Fee Policy. All Accommodation Providers must read this Service Fee Policy, which is hereby incorporated into this agreement, before availing any of MeGo Services (such as uploading the accommodation information on the site). All Guests must read the Service Fee Policy, which is hereby incorporated into this agreement, before availing any of the MeGo Services. This Service Fee policy is effective from November 1, 2007. However, MeGo reserves the right to change its Service Fee Policy from time to time. In particular, MeGo may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event MeGo reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Service Fee Policy shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. MeGo reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of refunds and fees by you to MeGo. MeGo also reserves the right to take legal action in case of non-payment of fees or refunds by you to MeGo. Unless otherwise stated, all transactions shall be in Indian Rupees. 7. Use of the Site You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles: a. "Your Information" is defined as any information you provide to us or other users of the Site ("Users") while using any of the MeGo Services or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive channel for your online distribution and publication of Your Information. Guests can provide information through several MeGo Services including but not limited to Register now, recommend a hotel, Travelbits, City Guide, Contests, Booking, Cancellation etc. b. Your Information (Guest information or Accommodation Provider information): i. shall not be false, inaccurate or misleading; ii. shall not be fraudulent or involve the sale of illegal services along with; iii. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; iv. shall not, directly or indirectly, offer, attempt to offer, sell or attempt to sell any service along with the Accommodation service, the sale of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. v. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; vi. shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; vii. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personl information; viii. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and ix. shall not link directly or indirectly to or include descriptions of Accommodation Services, goods or services that: · are prohibited under the law · are concurrently listed for sale on a web site other than the Site; c. Solely to enable MeGo to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. MeGo will only use Your Information in accordance with the Terms and Conditions and MeGo's Privacy Policy. d. If you are an Accommodation Provider, you represent and confirm that you shall be the sole and exclusive legal owner/provider of all Accommodation services of any description that you wish to offer for sale on the Site. You shall have complete right, title and authority to deal in and offer for sale this Accommodation service. e. In the event that any transaction or attempted transaction relating to any MeGo Service which is violative of these Terms and Conditions or applicable law comes to your knowledge, you shall take all steps to inform MeGo of the same. You may inform MeGo using contact details here. f. You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations all taxes and levies as in force currently or in future (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your sale of Accommodation service and your use of any of the MeGo Services and the Terms and conditions elsewhere on this Site. g. As an Accommodation Provider, if you discontinue or decide to discontinue your service, you are responsible to inform MeGo to de-list your service from the Site by mailing MeGo on info@mego.in h. From time to time, you shall be responsible for providing information relating to the Accommodation services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of the Accommodation service so as to mislead other Users in any manner. i. You shall not circumvent or manipulate our Service Fee Policy and the Billing process as detailed in the Service Fee Policy following link http://www.mego.in/Content/Service_Fee_Policy.aspx, and incorporated by way of reference in this Agreement. j. You certify that you shall provide the services to which the transaction information relates and to the value stated therein and a price not greater or otherwise on terms not less favourable than the same price and terms at and on which Accommodation service are supplied by you for cash. k. You certify that the price charged to the Guest will not exceed the price at which the Accommodation service is otherwise supplied by you for cash. 8. Platform for Communication The Site is only a venue where Users may meet and interact with one another for their Accommodation related transactions. MeGo is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently: a. MeGo is not responsible for any non-performance or breach of any contract entered into between Users. MeGo cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. MeGo shall not and is not required to mediate or resolve any dispute or disagreement between Users. b. MeGo does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the services proposed to be sold or purchased on the Site by Accommodation Providers. In particular, MeGo does not implicitly or explicitly support or endorse the sale or purchase of any Accommodation Services or services on the Site. MeGo accepts no liability for any errors or omissions, whether on behalf of itself or third parties. c. MeGo does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf. d. The Site is a channel of communication whereby the Users can reach a larger base to buy and sell Accommodation related services. MeGo is only providing a platform for communication and it is agreed that the contract for sale of any of the Accommodation services shall be a strictly bipartite contract between the Accommodation provider and the Guest. At no time shall any right, title or interest over the Accommodation Services vest with MeGo nor shall MeGo have any obligations or liabilities in respect of such contract. MeGo is not responsible for unsatisfactory or delayed delivery of services or damages or delays as a result of Accommodation which are unavailable. e. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with. f. You release and indemnify MeGo and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MeGo shall not be able to control the information provided by other Users which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. 9. Privacy We only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. Our current Privacy Policy is available at http://www.mego.in/Content/Privacy_Policy.aspx. If you object to your Information being transferred or used in this way please do not use the Site. As an Accommodation owner, you are supposed to keep all Guest and Guest related information (such as last 4 digits of credit card number and the Card Holder’s name) that is shared with you for the purpose of Bookings and cancellations, in safe custody. You are required to maintain confidentiality of this information and not release to any third party. 10. MeGoPayTM Payments for Bookings on the Site can be made through the online payment service provided called MeGoPay. At present MeGoPay supports Credit Card Payments through payment gateway provided by Axis Bank, a reputed Indian bank. As a Guest using MeGoPay for making payment on the Site you agree to be bound by the terms and conditions governing the use of MeGoPay for making payments to MeGo registered Accommodation Providers. The terms and conditions of MeGoPay are available in Service Fee Policy. As an Accommodation Provider, offering MeGoPay as a payment option on the Accommodation Service listing on the Site, you agree to be bound by the terms and conditions governing the use of MeGoPay for accepting payments from MeGo registered Guests. The terms and conditions of MeGoPay are available here at Service Fee Policy. For Bookings, MeGo will accept advance payments towards certain MeGo Guest Services and Accommodation Service from Guests using Credit card payments over the internet in to Jumpwire eServices Private Limited’s Current Account. Accordingly Jumpwire eServices Private Limited shall transfer funds related to Accommodation Service from the Jumpwire eServices Private Limited’s Current Account to the Accommodation Providers’ bank account notified by the Accommodation Provider to the Site. By providing an online payment facility on the Site through MeGoPay, MeGo is merely facilitating the making of online payments by Guests as per their contractual obligations to the Accommodation Providers on the Site and MeGo or Jumpwire eServices Private Limited is not involved in the process of buying and selling of Accommodation Services on the Site. All sales and purchases on the Site continue to be bipartite contracts and MeGo or Jumpwire eServices Private Limited is not responsible for any non-performance or breach of any contract entered into between the Guests and the Accommodation Providers. MeGo is merely a platform for communication as set out in the section above. 11. Invoices & Receipts: a. As an Accommodation provider, upon receiving a Booking Confirmation email from MeGo, the accommodation will send an invoice for Hotel tariff amount to the Guest. b. MeGo will invoice accommodation provider with the MeGoPayTM fee. Accommodation provider allows MeGo to deduct MeGoPayTM fee from the Hotel Tariff Amount & send the balance payment to the accommodation. This MeGoPayTM fee will be visible under “Booking report” or “Bookings & MeGo Invoices” report after Accommodation signs in to the Control Panel Login. This Control Panel Login can be accessed by clicking on Hotels Click Here link available one homepage or by clicking here. c. MeGo will send the Guest a receipt toward the Convenience Booking fee + Hotel Amount. 12. Check Availability with the Accommodation Before making any payment to the Accommodation, it is the responsibility of the Guest to - check availability and ask any other information necessary - with the Accommodation by exercising any option such directly contacting the accommodation by phone, email or features such as Check Availability provided by MeGo or any other medium. MeGo will not be responsible for any non-availability of accommodation OR for any information provided or not provided by the Accommodation. 13. Breach of Terms and Conditions Without limiting other remedies, MeGo may limit your information, feedback, reviews, immediately remove your Accommodation listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site: a. If you breach the Terms and Conditions or the documents it incorporates by reference; b. If MeGo is unable to verify or authenticate any information you provide; or c. If it is believed that your actions may cause legal liability for you, other Users or MeGo. MeGo may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with MeGo or use the Site in any manner whatsoever until such time that such User is reinstated by MeGo. Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, MeGo reserves the right to recover any amounts due and owing by you to MeGo and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you. 14. Payment Protection Program The Payment Protection Program seeks to assist Guests & Accommodation Owners who have been defrauded by each other on the Website. Guests or Accommodation owners can seek protection under the Payment Protection Program. The coverage under this program is restricted to INR 5,000 per transaction or the value of the transaction, whichever is lower. For this purpose the Guest / Accommodation owner (as the case may be) needs to follow certain steps. To seek protection under this Program, the eligible Guest / Accommodation owner is required to follow and comply with its rules and contact MeGo team on customercare@mego.in . MeGo reserves the right to reduce, enhance the maximum amount of protection under this Payment Protection Program or may completely discontinue this Payment Protection Program, or may modify its terms. If the Accommodation owner or Guest is found guilty of defrauding for which MeGo has reimbursed the party, the Guest / Accommodation Owner’s account on MeGo shall be blacklisted and MeGo shall charge the other party with the value of the Accommodation Service and a penalty of 20% of the value of the Accommodation service. Further MeGo reserves the right to recover the dues and take strict legal action (including initiating criminal proceedings) against the wrong party. Though MeGo tries its level best to make transactions between Guests and Accommodation Providers free of trouble, there can be occasions when transactions do not work out as expected. When Guests or Accommodation Owners face any transaction problems, our Payment Protection Program can be of help. Guest & Accommodation Provider transaction problems could be of several types. Non-eligible transactions The following items are not eligible for protection coverage under the Payment Protection program: · Accommodation service which is not significantly different from that described · Accommodation Service unavailable due to calamity or unexpected forces · Guest arrived late · Accommodation owner requesting cancellation / modification before check-in · Double payment or overpayment · Guest's remorse (Accommodation Service bought by mistake or if Guest changes his/her mind) · File a Payment Protection claim before 30 days or after 90 days from the date of Booking If the Guest or Accommodation owner has not closed the dispute within 90 days, it will be automatically closed and Guest/Accommodation Owner may not be able to avail claim 15. Booking Accommodation Service on MeGo All Bookings on the Site are a firm commitment to purchase. If you are the Guest for any Accommodation Service and you opt to purchase by clicking on “Pay”, you are obligated to complete the transaction with the Accommodation provider. By Booking an Accommodation Service, you agree to be bound by the Cancellation Policy, terms and conditions of the Accommodation Provider, included in the Accommodation's description (or linked to from the description) so long as those conditions of sale are not in violation of the Terms and Conditions or unlawful. MeGo strongly advises you not to test the site with false Bookings, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit card to book. Willfully entering erroneous or fictitious bookings may result in prosecution by MeGo. As a Guest you must contact the Accommodation Provider within 72 hours of your booking. MeGo charges (partially or completely) the cost of Accommodation Service in the form of advance tariff as well as charges for MeGo’s service at the time of booking itself. Hence Guest’s credit card is charged at the time of booking. Please be aware that even if you do not give MeGo your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. 16. Guest Booking Protection The Guest Booking Protection seeks to assist Guests who have been informed unavailability in the accommodation upon arrival at the accommodation by the Accommodation Provider or his/her staff. The Accommodation provider is required to provide the Guest with another Accommodation service equivalent to the one booked and free transport to that accommodation with the Guest not required to pay anything over and above the amount already paid at the time of the booking. MeGo reserves the right to blacklist and remove any Accommodation Provider who fails to provide the Accommodation Service already booked by Guest on MeGo, upon the arrival of the Guest. It is the duty of the Accommodation Provider to keep the Room inventory and Price up-to-date in the Direct to Hotel platform. If the Accommodation Provider is unable to provide an alternate equivalent accommodation to the Guest, the Accommodation Provider shall pay the Guest with the value of the Accommodation Service and a penalty of 20% of the value of the amount paid by Guest. Further MeGo reserves the right to recover the dues and take strict legal action (including initiating criminal proceedings) against the Accommodation Provider. Any person who, knowingly and with intent to defraud or deceive, files a Fraud Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law. 17. Cancellation MeGo does not provide any refunds. It only provides a facility to inform the cancellation amount due, to the Guest and to the Accommodation provider using the Cancellation policy that existed at the time of booking the service. It receives the refunds from the Accommodation provider on Guest’s behalf and transfers it to the Guests after charging for the services as per the Service Fee Policy. As an Accommodation provider, you have to refund the refund amount so calculated within 7 days of receiving the Cancellation request from MeGo. In all cases, MeGo takes no responsibility for delay or non-payment or incomplete payment of refund due to the Guest by the Accommodation provider. 18. Credit card fraud / Charge back risk There is sometimes a credit card fraud where in the traveller or the person booking tries to pay using someone else’s credit card without an authorization to use the card. While the Site has adopted the one of the best possible measures of preventing fraud by 1. Providing Accommodation provider in the booking email with details like the last 4 digits of the card number and name on the credit card holder 2. Asking Guest to bring along the physical credit card / photocopy of its front side so that as an Accommodation provider, you can verify it by asking the traveller upon arrival. In case of a chargeback to MeGo (i.e. the credit card number is used by an unauthorized person and the payment gateway provider asks MeGo to refund the original credit card holder), the Accommodation Provider will refund the balance tariff (that you have received) without deducting the cancellation fee. 19. Foreign currency exchange rate risk Since MeGo only deals in Indian Rupees, any costs or risk due to exchange rates shall be borne by the Guest. 20. Accommodation Protection The Accommodation Provider shall follow all security measures to prevent his property and himself/herself against the Guest. To prevent any miscreant to stay at the accommodation, the Accommodation shall verify complete details of the Guest upon arrival and/or during the stay. In case of threat or suspicion, the Accommodation shall take help from the police and law enforcing authorities. 21. Foreign Tourists Foreign tourists are required to present their passports (apart from the Credit Card in original or photocopy of the front) for verification. The Accommodation Providers, as per the policy stated by State police or law enforcing authorities, may be required to photocopy such information and even inform the police of your personal information. This is done for the safety of all. 22. Selling Accommodation Service As an Accommodation provider, you may list your Accommodation Service for sale on the Site in accordance with the Listing Policies more detailed in Listing Policy which Policy is incorporated by way of reference in this Agreement. You must sell the Accommodation Service only if you have the permissions or license from the government or local authorities. You must ensure that the listed service does not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your Accommodation Service for sale. All listed Accommodation Service must be kept available for successful fulfillment upon Guest’s arrival. The listing description of the Accommodation Service must not be misleading and must describe actual condition of the service. If the service description does not match the actual condition of the service, you agree to refund any amounts that you may have received from the Guest. You agree not to list the same Accommodation Service in multiple inventory quantities on the Site. MeGo reserves the right to delete such multiple listings of the same Accommodation Service listed by you in various categories. If you receive a Booking (which completes upon Guest’s payment on the Site), you are legally obligated to complete the transaction sale contract with the Booking Guest upon the Accommodation Service's sale online. You must contact that Booking Guest within 72 hours of Booking unless there is an exceptional circumstance, such as: d. The Booking Guest fails to meet the terms of your listing, or e. You cannot authenticate the Booking Guest's identity & Credit card information (by verifying last 4 digits of the Credit card with the original card or it front side photocopy) upon arrival. 23. Booking Completion A Booking will be considered as successfully completed if it receives the payment from Booking Guest. Immediately after any Booking is successfully made, an e-mail is sent to both the Booking Guest and the Accommodation Provider providing each of them the contact information of the other party to enable them to get in touch with each other. Please note that the contact information that will be sent out will be the information that is provided by the Users (Guests in their Registration Data & Accommodations in Direct to Hotel platform Information) on MeGo. Immediately after any Booking is successfully made, an SMS is sent to both the Booking Guest and the Accommodation Provider providing each of them the Booking Id and some more information such as date of arrival etc. Though MeGo takes all steps to ensure its systems are up, MeGo takes no responsibility for non-arrival of SMS or E-mails due to any reason. 24. Feedback We encourage Booking Guests on the Site to provide feedback to Accommodation Provider after the stay at the Accommodation has been completed as this helps all Users to know what it is like to deal with the said Accommodation Provider. After you have been delivered the Accommodation Service, we encourage you to leave feedback for the Accommodation provider that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. MeGo will not be responsible for the feedback that you post on the Site and you should be careful about making comments that are not factual in nature. As an Accommodation Provider, you may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, MeGo reserves the right to suspend your membership, and you will be unable to sell on the Site. Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number (e.g. 98%) compiled by MeGo, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating buying and selling between the Users, you agree that you shall not market or export your MeGo feedback rating in any venue other than on the Site. Import - We do not provide the technical ability to allow you to import feedback from other websites to MeGo because a composite number, without the corresponding feedback does not reflect your true online reputation within our community. You can however, if you wish, add testimonial of your past Guests in the information you provide. 25. No Warranty MeGo, its partners and suppliers provide the Site and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk. 26. Limitation of Liability In no event shall MeGo or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence). MeGo's liability in any circumstance is limited to the amount of fees, if any, paid by you to MeGo towards MeGo services. MeGo, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, MeGo assumes no liability whatsoever for any monetary or other damage suffered by you on account of: a. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or Outage Policy, which Policy is incorporated by way of reference in this Agreement. b. Any interruption or errors in the operation of the Site. You expressly understand and agree that MeGo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MeGo has been advised of the possibility of such damages). 27. Offers We’ll announce our marketing “offers” from time to time. Such “offers” will include Cash Backs, Discounts etc. MeGo reserves the right to close any offer without any prior intimation to the users 28. Indemnity You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 29. Relationship and Notice None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and MeGo and you shall have no authority to bind MeGo in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to MeGo Attn: Legal Department, Jumpwire eService Private Limited at Room # 2, 3rd Floor, Beri House, 309A/4 Govindpuri, New Delhi - 110019 (in the case of MeGo) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 30. Arbitration If any dispute arises between you and MeGo during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by MeGo. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. 31. Governing Law The Terms and Conditions shall be governed and construed in accordance with the laws of India |
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