1. This Agreement is applicable to those individuals or legal entities who wish to enroll or who are enrolled as MANALI TRAVEL BAZAAR (INDIA) PRIVATE LIMITED (MTB or 'the Company') B2B (business to business) partner (as an corporate, distributor, partner etc) and engage in selling MTB products and services as provided by MTB from time to time.
4. MTB shall provide You with a user id and password for accessing and transacting on its website.
5. You shall immediately change the password assigned to You by MTB at the time of activation of Your user id.
6. You shall be solely responsible for protecting the user id and password for accessing MTB's website.
7. You shall ensure that Your login is accessed & used ONLY by Your authorized personnel. MTB shall not be responsible for any booking done in Your
login by any unauthorized user.
8. You agree that MTB provides customer support and fulfillment in accordance with MTB's then-current standard terms and conditions and standard
customer service policies and procedures applicable generally to direct customers of MTB.
9. You agree that MTB reserves the right to refuse to provide customer fulfillment services to any customer or may refuse Your transaction for a variety of reasons, including but not limited to:
9.1. Non-availability of adequate credit in Your account with MTB.
9.2. MTB website not working due to any technical reason
9.3. Inability to authenticate Your credit card/debit card or any other payment instrument including that of Your sub corporates;
9.4. Interface of any Airline, Hotel or any supplier of MTB is not working on the website or otherwise
9.5. MTB is suffering from a disruption of services on account of a reason beyond its control.
10. You are liable to provide the ticket printout to all end customers along with any invoice of the purchase.
11. TRANSACTIONS AND PAYMENT
11.1. You shall, through Your authorized personnel, log into the MTB's website and purchase MTB services, by using the user id provided to it by MTB.
11.2. The payments in respect of such transactions/purchase shall be made by any of the following ways-
11.2.1. Rolling Deposit
188.8.131.52. You may keep a rolling deposit with MTB for providing connectivity to its website for purchasing MTB services.
184.108.40.206. The price of services availed shall be deducted from such rolling deposit.
220.127.116.11. The balance in this rolling deposit shall be replenished from time to time as may be agreed between the parties.
18.104.22.168. The balance rolling deposit, if any, shall be refunded by MTB to You on termination of this arrangement after adjusting any outstanding dues, penalties and other applicable charges if any.
11.2.2. Credit Card/Debit Card
22.214.171.124. By charging any valid credit/debit card owned by You or as legally provided by You.
11.3. You agree that there shall be no charge back in respect of any transaction done on the relevant MTB's website under the assigned user id.
12. INTELLECTUAL PROPERTY
12.1. These terms does not create any licenses in any Intellectual Property Right from one party to the other.
12.2. You shall never attempt to misuse MTB trademark or logo.
12.3. Each party shall continue to own their own respective Intellectual Property and all rights therein.
12.4. Any use of MTB's name, logo or any Intellectual Property without MTB's prior written consent shall amount to a material breach and MTB reserves the right to terminate Your agency forthwith without any liability and MTB may also forfeit the deposit or any of Your monies forthwith.
13. You acknowledge that MTB is a booking corporate and hence not responsible for lapse of services caused by factors which are not directly under its control; for example flight delays,cancellations, hotel renovations etc. MTB's liability in respect of a customer claim arising from any of MTB services shall be limited to refunding the sum received by it in respect there of after deducting charges as applicable.
14. MTB shall not be liable for any customer claims arising due to Your or Your Authorised person's negligence, willful misconduct or breach of any terms of this Agreement or any statutory or regulatory violations. In the event of any claims arising as aforesaid, You shall defend such claims at Your own cost and expense. If You are not impleaded as a party to any claim or litigation by any third person, and instead MTB is wrongfully made a party, You agree to indemnify and hold harmless MTB from and against all such claims. MTB reserves the right to move appropriate application before any tribunal or court as the case may be to implead You as necessary party.
15. You shall indemnify MTB against all losses, claims, damages or charges suffered by MTB arising from Your defaults, acts or omissions and any charge backs in respect of transactions booked on MTB website using Your user id.
16. This arrangement may be terminated by either party by serving on the other party a written notice of one month.
17. MTB shall not be considered to be in breach of or default of its duties or obligations hereunder if such default is caused by an act of God, war, civil unrest, strike, lock out or any other force majeure event.
18. Failure by MTB to take any action or enforce its right of terminating the B2B agency following any breach of any terms and conditions by You shall not be deemed to be a waiver of the rights of or accruing to MTB or of any previous or succeeding breach.
19. Duties and obligations under these terms shall not be assigned by You without the written consent of MTB.
20. You must notify MTB immediately if You become aware of any interest or obligation which may conflict with Your obligations under this Agreement. You represent that You are not a 3 relative of any employee of the Company. For the purpose of this Agreement,You will be deemed to have interests or obligations which conflict with Your obligations under this Agreement if any of Your relatives or any person with whom You have business interest or any of
Your personnel involved in carrying out any activities under this Agreement have any interest or obligation which may conflict with Your obligations under this Agreement.
21. For the purpose of this Agreement 'relative' shall have the meaning as defined in the Companies Act, 1956.
22. If any provision of these terms is held by a court/ forum of competent jurisdiction or other statute to be contrary to law, the remaining provisions of the terms shall remain in full force and effect.
23. The parties agree that, before initiating any litigation concerning these terms or their respective obligations hereunder, they will attempt in good faith to resolve their dispute through an acceptable alternative dispute resolution procedure. Each party covenants (1) not to unfairly use litigation or the threat of litigation to harass or intimidate the other party and (2) not to assert frivolous claims or defenses in any dispute between them. The Arbitration & Conciliations Act, 1996 will be applicable to these terms, if any, disputes arisen thereon. Venue of arbitration shall be at KULLU
24. MTS is entitled to terminate this agreement forthwith and forfeit the deposit in case You breach any terms of this agreement or indulge in any act or omission which results in loss of business or reputation to MTB.
25. These Terms &Conditions are subject to revision and amendment by MTB from time to time without prior notice.You will be automatically subjected to such revised or amended terms and will continue to be obligated to comply with the same.Your ignorance of the amendments or revisions doesn't immune You from the liabilities of breach. Therefore, You are advised to visit these terms at frequent intervals.
26. You solicit and authorize MANALI TRAVEL BAZAARour phone number and email address given to MTB for providing information on MTB's products, latest developments in the travel and regulatory environment, concluding the transactions of the customers or for any other business purpose. You hereby unconditionally consent that such contact via SMS,email and/ or voice call by MTB is (a) upon the request and authorization by You, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You will indemnify MTB against all types of losses and damages incurred by MTB due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by You on MTB with respect
to the MTB's actions mentioned above or due to a wrong number or email id being provided by You for any reason whatsoever.
27. These terms shall be governed by and construed in accordance with the Laws of India. Any and all proceedings in respect of any dispute or difference arising between the parties under these terms shall be held in KULLU the court or courts of competent jurisdiction in KULLUll have exclusive jurisdiction in the matter.
28. All approvals, consents and notices hereunder to be given or served hereunder by either party hereto to the other shall be deemed to have been duly given or served if the same shall have been delivered to, left for, or sent by air mail registered post by either party to the other at their respective corporate office address.
29. You shall never during the term of this arrangement represent itself as corporate of MTB.Nothing in this Agreement shall be construed as to create the relationship of employeremployee,partners, collaborators, joint-venture or principal-corporate between the parties 4 hereto. The parties shall be independent contractors and neither party shall bind the other by its acts, deeds or omissions, other than to the extent set out in this Agreement.