AGREEMENT1. Upon accepting the agreement, the Agent shall be given a login access to the Portal and MGH Call Center facilities. The Agent will have a right to change the password and shall be responsible for maintaining the confidentiality of his account. The Agent is fully responsible for all activities that occur while using their password or account. MGH will not be liable for any loss that may be incurred by the Agent as a result of unauthorized use of his password or account, either with or without his knowledge. The Agent shall not use anyone else's password at any time. 2. Agents would be entitled to appoint Sub-Agents who shall be subject to same rights & liabilities as applicable to an Agent under this Agreement. Agents will create the account for Sub Agents and set their user names and password to access the distributor admin. The Sub Agent will have a right to change the password and shall be responsible for maintaining the confidentiality of his account. The Sub-Agent is fully responsible for all activities that occur while using their password or account. MGH will not be liable for any loss that may be incurred by the Sub-Agent as a result of unauthorized use of his password or account, either with or without his knowledge. The Sub-Agent shall not use anyone else's password at any time. 3. The Agent shall be given a Net Price by MGH and he shall be at liberty to mark them up & sell them. The Agent however shall not sell the Guest House/Budget Accommodations on his website at a rate lower that the rate displayed on the MGH Portal. 4. All transactions done by the Agent on the MGH Portal shall be done either by paying an advance deposit to MGH or by paying online at the time of execution of the transaction & under no circumstance shall any transaction done by the Agent against credit or on future payment basis. 5. In the event of no-show, cancellation or modifications of reservations, charges will be levied as per the cancellation policy prescribed in the Portal. 6. The services provided by the Portal shall be on acceptance and in compliance with such terms and conditions as prescribed for use of such services provided in the Portal, which may be amended by MGH from time to time at the absolute discretion of MGH. 7. The Agent has understood and has been informed and accepts that MGH is an Internet based, online platform that offers users such as the Agent an opportunity to search for and make reservations with Guest Houses using various tools and features provided in the Portal in compliance with the Terms and Conditions mentioned herein. The Agent further understands and accepts that MGH and the Portal are just a via media between the Agent and the Guest House(s) and all information available on the Portal and/or MGH Websites relating to but not limited to room tariffs, availability, addition or deletion of any ancillary facilities or services, amenities offered, reservation and cancellation policies and contact information of the Guest House is information provided by the Guest House(S) and nothing stated therein shall be deemed to be a representation of fact by MGH. 8. In no event shall MGH and it's successors, administrators, representatives, executors, assigns or agents etc. be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use or profits, arising out of or in any way connected with the use or performance of the Portal and/or MGH Website(s) and/or services provided by MGH. 9. The Agent accepts and undertakes that after signing of this Agreement it shall not directly or through any other agent/assignee/representative or in any other manner do business with the Guest Houses/Budget Accommodations available/listed on the MGH Portal by which transaction such Agent or any of its agents/assignees/representatives benefit. 10. Without prejudice to the other remedies available to MGH under this Agreement or under applicable law, MGH may limit/suspend the Agent's activity, and/or terminate the Agent's registration if:
* The Agent is in breach of this Agreement;
* Upon legal incapacity of the Agent on account of any reason.
* MGH is unable to verify or authenticate any information provided by the Agent; or
* MGH believes that the Agent's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for any of the other Agent's of MGH. 11. The Agent unequivocally indemnifies MGH against any claim or liability and shall not hold MGH responsible for any loss or damage arising out of resulting from any act of omission or commission in the use of the Portal and/or any of the MGH Websites/Services by the Agent or by any person, acting for or on behalf of or under the Agent. 12. The Agent acknowledge and accepts unconditionally and without any reservation that all intellectual property rights, including but not limited to patentable inventions, design and copyrights, trade marks and other rights attached to the Portal or MGH shall be owned exclusively by MGH. The Agent shall not at any time make any claim whatsoever in regard to such intellectual properties. 13. This Agreement has been entered into for a period of 01 year from the date signing of this Agreement. After the end of this agreement from next year MGH will be charging an annual fee of Rs 6,000 per annum for services offered to the agent by MGH. Any further extension may also be done at mutually accepted terms and conditions by both parties. The Agreement can be terminated at any time by either party by giving notice of 30 days subject to settlement of accounts within a period of 30 days. 14. Upon termination of this Agreement, the Agent shall forthwith cease to log into the MGH website or use any of the services provided in the MGH website. The Agent shall also forthwith cease to use the brand name of MGH or its franchisee(s) or otherwise act in a manner so as to denote any association with MGH. Upon termination of this Agreement MGH shall be at liberty to block with immediate effect, access of the Agent into the MGH website and the use any of the Services provided by MGH. 15. Any dispute or differences between the parties arising out of this Agreement shall be subject to exclusive jurisdiction of the Courts at New Delhi and the jurisdiction of all other Courts to entertain any proceedings in relation to this Agreement is hereby expressly excluded. CloseTravel AgentHotel OwnerTravel AgentHotel Owner