ii) "Client" means any person or entity that uses MYGOLA's Services by payment to MYGOLA or otherwise and any other party traveling with Client who would benefit from the Services. Client includes visitors and Members who avail MYGOLA's Services.
iii) "Payment" means the amount of money paid to MYGOLA in exchange for Services.
iv) "Provider" means MYGOLA's licensors, suppliers, vendors, information providers, and travel and leisure service providers.
v) "Services" means travel assistance provided by MYGOLA to the Client as described below in Section 3.
vi) "Single Trip" means the Client has purchased Services for a single itinerary.
vii) "Subscription" means the Client has entered into a time-based agreement during which MYGOLA will provide Services for all itineraries during the time period specified.
MYGOLA provides the following Services, provision whereof is, in each case subject, in addition to these terms and conditions, to the specific terms and conditions concluded between the Client and Mygola and which specific terms and conditions shall prevail in the event of a conflict between these Terms and Conditions and the said specific terms and conditions:
a. Information and research services.
b. travel planning and assistance at different levels, depending upon the plans selected.
ii) Subscription plans will receive Services on any trips involving airline transportation beginning the day the subscription begins until the day it expires. Services will not be provided after the expiration date for trips that began prior to the expiration date.
a. Services provided by MYGOLA are expressly for the Client as initially requested, and the Client shall not use the Services for any improper or unlawful or any other purposeMYGOLA reserves the right to refuse to provide Services to the Client if MYGOLA determines, in its sole and absolute discretion, that the Services are for any unlawful purpose.
b. If the Client should request MYGOLA to use the Client's credit card to pay for MYGOLA's Services or to pay for goods or services provided by third parties, the Client shall, promptly and upon request, provide written confirmation of its authorization. The Client acknowledges and agrees that MYGOLA shall have no liability or responsibility to the Client whatsoever, for using the Client's credit card, provided MYGOLA acts in accordance with the instructions issued by the Client in relation thereto.
If you use a Provider's services through this Website, all bookings for accommodation and trips are subject to the booking conditions of the relevant Provider. You are responsible for reading the Provider's booking conditions. MYGOLA does not accept responsibility for your direct dealings with the ultimate Provider of the accommodation/trips, once the introduction has been made. All Providers featured on the Website are themselves responsible for providing you with the final quote and booking conditions for your reservation.
Where Providers provide holiday itineraries, these will be subject to the terms and conditions of these Providers and are governed by the laws of the country in which they operate.
You are strongly recommended to take out personal travel insurance, at the time of booking, for all members of your party. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs.
If you use MYGOLA as a booking agent, it accepts no liability whatsoever for any part of the arrangements between the Provider and you with regard to the standard of service. In no circumstances shall MYGOLA be liable for the services provided by Providers.
You are responsible for all travel permits and visas' required for international travel. Please consult the relevant consulate or embassy for further information.
The content on the Website, including without limitation, text, software, scripts, graphics, images, button icons, clips, digital downloads, data compilations, sounds, videos, articles, and the like ("Content"); MYGOLA 's trademarks, service marks, service names, and logos contained therein ("Marks"); and all the software used on this Website ("Software"), are owned by or licensed to MYGOLA and are subject to copyright, trademarks, design, patents and other intellectual property rights under United States and foreign laws and international conventions.
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Mygola that your copyrighted material has been infringed.
Please provide the following information in the following sequence (including Section Numbers):
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to peruse that material, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: "I have a good faith belief that the use of material that is apprehended to infringe my copyright is not authorized by the copyright owner, his agent, or the law."
5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
6. Sign the notice
Attn: Legal Department
#1703, 4701 Willard Ave
Chevy Chase, MD - 20815
Phone Number: +1-650-353-7778
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
Content, Marks and the Website is provided to you "AS IS" for your information and authorized use only and you agree not to use, copy, reproduce, alter, modify, perform, reproduce, create derivative works from, broadcast, transfer, sublicense, assign, license, distribute, transmit, display, sell, convey otherwise exploit for any other purposes whatsoever without the prior written consent of MYGOLA and or/respective licensors.
MYGOLA grants you a non-exclusive, nontransferable, revocable, limited license to access and use the Website and Content in accordance with the Terms and Conditions. You may not disassemble, decompile or otherwise reverse engineer all or any portion of Website, Content or Marks. You acknowledge that the Website, including the Content and Marks, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export the Website, Content or Marks, directly or indirectly, to any countries that are subject to U.S. export restrictions.
The limited license provided herein does not confer any right, title or interest in or to the Marks. You shall do nothing, nor authorize nor allow any of your representatives, employees, agents or affiliates, to do anything that is reasonably likely to impair, dilute or bring disrepute to MYGOLA or the Marks or to any goodwill associated with MYGOLA or the Marks.
Any Software that is made available to download from this Website is the copyrighted work of MYGOLA and/or our respective Providers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, MYGOLA hereby grants to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these Terms and Conditions and for no other purpose.
No right, title or interest in any portion of the Website or Content is transferred to you, whether as a result of use of the Website or such Content or otherwise. Any unauthorized use terminates the permission or license granted by MYGOLA. MYGOLA reserves all rights not expressly granted in and to the Website, Content and the Marks. Except as stated in the Terms and Conditions, no other use of Content, Software, Website or Marks is authorized without the express prior written consent of MYGOLA.
MYGOLA does not control or endorse any information including content, graphics, data, logos, prices, trademarks, service marks and service names ("User Content") that you and others post on the Website or provide to MYGOLA. Except for material that we license to you, we do not claim ownership of the User Content you post or provide.
The Website includes public areas available to the general public, shared areas available to others and personal areas where you have not granted access to others. In the course of using the Website and subscribing to MYGOLA's Services if you share the User Content with others on the Website, in either public or shared areas, then you understand and agree that others with whom you have shared User Content may use that content. You grant to those members of the public a non exclusive permission to access and use the User Content in accordance with this Section on Limited License and the Terms and Conditions. If you do not want others to have those rights, please do not share your User Content with them.
You understand that MYGOLA may need and you hereby grant MYGOLA a non exclusive, perpetual, irrevocable, worldwide and royalty free license to use, modify, copy, distribute and display User Content posted on the Website to the extent necessary to provide Services. This includes:
- storing and retrieving the User Content;
- making the User Content available to you and to those members of the public to whom you have granted access or to the general public (for User Content posted on public areas of the service);
- Sublicensing in accordance with these Terms and Conditions and to the extent necessary to provide Services;
- conforming to connecting networks' technical requirements; and
- conforming to the Terms and Conditions.
You understand that sharing User Content that violates others' copyrights and other intellectual property rights violates these Terms and Conditions. You represent and warrant that you have all the rights necessary for you to grant the rights in this section on Limited License and that the use and publication of the User Content does not breach any law. We will not pay you for your User Content. We may refuse to publish your User Content and may remove your User Content from the Website at any time.
Any illegal or unauthorized use of the Website or of MYGOLA' Services shall constitute a violation of these Terms and Conditions. You do not have permission to access the Website in any way that violates the Terms and Conditions. You agree to not use the Website for any illegal or unauthorized activity, which includes, but is not limited to:
- posting content or items in an inappropriate category or areas on the Website;
- using the Website, MYGOLA's services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Website, MYGOLA 's services or tools;
- manipulation of the price of any item or interference with other users or members' postings;
- circumventing or manipulating MYGOLA's Fees or payment structure, the billing process, or payments owed to MYGOLA ;
- posting false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the Website or using it for purposes unrelated to MYGOLA );
- transferring your MYGOLA account (including feedback) and user ID to another party without our consent;
- distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distributing viruses or any other technologies that may harm MYGOLA , or the interests or property of MYGOLA users;
- exporting or re-exporting any MYGOLA tools except in compliance with the export control laws of any relevant jurisdictions;
- copying, modifying or distributing rights or Content from the Website, MYGOLA's services or tools or MYGOLA's copyrights and trademarks;
- Infringement of any copyright, trademark or patents owed by or licensed to MYGOLA .
- harvesting or otherwise collecting information about users, including email addresses, without their consent.
- engaging in any criminal or tortuous activity, including child pornography, fraud, trafficking obscene material, harassment, stalking, spamming, sending viruses or any other harmful files, theft or disclosure of trade secrets;
- impersonating any person or entity or misrepresenting your affiliation with a person or entity;
- interference with or disruption of the Website or servers or networks connected to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website; and
- intentionally or unintentionally violating any applicable local, state, national or international law, third party rights or MYGOLA's policies.
MYGOLA reserves the right to investigate complaints or reported violations of the Terms and Conditions and to take any action MYGOLA deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. MYGOLA reserves the right to seek all remedies available to it, whether at law or in equity, for violations of the Terms and Conditions, including but not limited to, civil, criminal and injunctive redress and the right to block access from a particular Internet address to the Website and its features.
Because of the global nature of the Internet, as a condition of your use of the Website, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the Website, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.
THE WEBSITE IS PROVIDED BY MYGOLA ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYGOLA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYGOLA EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE WEBSITE, THE SERVICES, OR THE INFORMATION, CONTENT, MARKS, OR MATERIALS INCLUDED ON THE WEBSITE WILL BE FREE FROM ERRORS, DELAYS OR INTERRUPTIONS, THAT ALL ERRORS WILL BE CORRECTED, OR THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT (I) WE HAVE NO CONTROL OVER THE AVAILABILITY OF THE WEBSITE ON A CONTINUOUS OR UNINTERRUPTED BASIS; (II) WE ARE NOT RESPONSIBLE FOR THE FUNCTIONALITY OF ANY THIRD-PARTY WEBSITE, INTERFACE, OR LINK; (III) THE TERMS AND CONDITIONS SET FORTH HEREIN ARE SUBJECT TO THE LIMITATIONS OF OUR HARDWARE, SOFTWARE AND BANDWIDTH; (IV) WHERE MYGOLA SUPPLIES THE CLIENT WITH ANY GOODS OR SERVICES SUPPLIED BY A PROVIDOR OR ANY OTHER THIRD PARTY, MYGOLA DOES NOT GIVE ANY WARRANTY, GUARANTEE, REPRESENTATION OR OTHER TERMS AS TO THE QUALITY, FITNESS FOR PURPOSE OR OTHERWISE OF THE GOODS OR SERVICES, AND THE CLIENT SHALL BE REQUIRED TO SEEK COMPENSATION FOR ANY LOSS OR DAMAGE SUFFERED DIRECTLY FROM SUCH PROVIDER OR THIRD PARTY. WE DO NOT PROVIDE ANY WARRANTIES, GUARANTIES, REPRESENTATIONS AND/OR RECOMMENDATIONS PERTAINING TO ANY OF THE INFORMATION AND/OR SUGGESTIONS MADE IN THE COURSE OF PROVIDING SERVICES, AND THE CLIENT IS DEEMED TO BE RESPONSIBLE FOR, AND SHALL USE ITS OWN SKILL AND JUDGMENT AS TO THE QUALITY, VALUE AND SUITABILITY OF ANY SUCH INFORMATION AND SUGGESTIONS IN DECIDING WHETHER TO ENTER INTO ANY AGREEMENT WITH ANY PROVIDER OR THIRD PARTY TO SUPPLY GOODS OR SERVICES. (V) WE ARE NOT RESPONSIBLE FOR THE PRODUCTS OR PRODUCT QUALITY POSTED BY THIRD PARTIES ON THE WEBSITE OR ANY RISK IN CONSUMING OR ANY INJURIES (PHYSICAL, MENTAL OR EMOTIONAL) RESULTING FROM YOUR USE OF ANY SERVICES OR INFORMATION POSTED BY THIRD PARTIES ON THE WEBSITE; AND (VI) OUR FAILURE TO MAKE THE WEBSITE AVAILABLE BECAUSE OF TECHNICAL DIFFICULTIES OR FOR ANY REASON OUT OF OUR CONTROL DOES NOT AMOUNT TO A FAILURE TO MEET THE OBLIGATIONS OR RESULT IN A BREACH BY MYGOLA OF THE TERMS AND CONDITIONS, AND YOU EXPRESSLY WAIVE ALL RIGHT TO DISPUTE SUCH FAILURE. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR WEBSITE. WE MAY UPDATE, IMPROVE, OR OTHERWISE MODIFY THE WEBSITE (OR ANY OF ITS INDIVIDUAL FEATURES OR FUNCTIONALITIES) AT ANY TIME AS WE SEE FIT IN OUR SOLE DISCRETION. MYGOLA DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAILS SENT FROM MYGOLA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYGOLA IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACTS OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL WHATSOEVER.
UNDER NO CIRCUMSTANCES SHALL MYGOLA BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, MONEY, GOODWILL, REPUTATION OR INTERRUPTION OF BUSINESS (EVEN IF MYGOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF THE WEBSITE OR ANY SERVICES PROVIDED THEREIN. IN NO EVENT SHALL THE TOTAL OBLIGATIONS OR LIABILITY OF MYGOLA HEREUNDER EXCEED $30. REGARDLESS OF ANY LAW TO THE CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST MYGOLA MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.
You hereby agree to indemnify, defend and hold harmless MYGOLA and our parents, subsidiaries, successors, and affiliates, and each of their respective directors, officers, agents, representatives and employees, from any and all losses, claims, causes of action, damages, demands, costs, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from or is related to or is a result of (i) your use of the Website (including but not limited to the display of your information on the Website) or from your breach of any of the Terms and Conditions set forth herein; (ii) your breach of any representations and warranties made by you to MYGOLA or (iii) any claims asserted by a third party relating to products offered or displayed on the Website.
In the event that you have a dispute with any third party or Provider to a transaction, you agree to release and indemnify MYGOLA (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
This Website may contain links to other websites ("Third Party Sites"). The linked sites are not under the control of MYGOLA and hence, MYGOLA is not responsible for the content of any Third Party Site, or any changes and updates to it. MYGOLA is providing these links to you only as a convenience, and the inclusion of any link does not entail endorsement by us of the Third Party Site or any association with its operators or owners. Further MYGOLA is not responsible for their contents or the privacy or other practices of such Third Party Sites.
We welcome links from a Third Party Site to our Website, through a plain text link, provided that
We reserve the right to require you to remove links to the Website in our sole discretion
Except as specifically stipulated otherwise, the Terms and Conditions constitute the entire agreement with respect to the subject matter hereof. No waiver by MYGOLA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Terms and Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Terms and Conditions, all of which will remain in full force and effect. Any and all disputes relating to the Terms and Conditions, your use of the Website, or any other MYGOLA Service are governed by, and will be interpreted in accordance with, the laws of the State of Delaware, without regard to any conflict of laws provisions. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms and Conditions.
Nothing on this Website constitutes an offer on MYGOLA's part or on the part of the Providers. The matters detailed constitute an invitation to you to make an offer on the stated terms to purchase arrangements featured. Providers may accept or decline any such offer. All arrangements featured or referred to are at all times prior to specific confirmation subject to availability and no warranties, promises or representations are given as to availability.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Delaware, except that, to the extent you have in any manner violated or threatened to violate MYGOLA's intellectual property rights, MYGOLA may seek all remedies available to it, whether at law or in equity, including without limitation, injunctive or other appropriate relief in any state or federal court in Delaware, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under the Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms and Conditions shall be joined to an arbitration involving any other party subject to the Terms and Conditions, whether through class arbitration proceedings or otherwise.
If there is a conflict or contradiction between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.
If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Website or the Services offered by MYGOLA, you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
Mailing address Mygola Inc.
4701 Willard Ave
#1703 Chevy Chase, MD 20815
#446, 2nd floor
17th Cross, Stage 4, HSR Layout
Bangalore - 560034