Relationship Management Private Limited and its affiliates, subsidiaries, associates and group companies (“TLC”) on behalf of Accor Plus, Accor Hotels and their respective affiliates, subsidiaries, associates and group companies (“Accor Plus”) in relation to the DLITE PLUS membership program (the “DLITE PLUS Program”).
The content and information displayed on the DLITE PLUS Website is the property of Accor Plus and/or TLC. The downloading, reproduction, or retransmission of such content and/or information, other than for non-commercial individual use, is strictly prohibited.
The DLITE PLUS App contains proprietary information, content and materials, including but not limited to domain name, icons, logos, trade names, trade secrets and trademarks in relation to the Accor Plus brand (the “Accor Plus Materials”) that are owned by Accor Plus and is protected by applicable intellectual property and other laws. No licence is granted in respect of those intellectual property rights. The use of the DLITE PLUS App and/or website by any person does not grant, transfer to or confer upon such person any right, title or interest in the Accor Plus Materials.
The DLITE PLUS App and/or website also contains proprietary information, content and materials, including but not limited to text, graphics, images, photographs, videos, music, sound, designs, copyright, trademarks, patents, software codes, source code and other underlying technology (the “TLC Materials”), that are owned by TLC and is protected by applicable intellectual property and other laws. No licence is granted in respect of those intellectual property rights. The use of the DLITE PLUS App and/or website by any person does not grant, transfer to or confer upon such person any right, title or interest in the TLC Materials.
Users agree that they will not use the Accor Plus Materials and TLC Materials (collectively, the “Intellectual Property”) in any way whatsoever except for use of the services available on the DLITE PLUS App and/or website in compliance with the Terms and Conditions. Users must not use, copy, modify, publish, reproduce, distribute, re-transmit, transfer, upload, download, sell, licence, reverse engineer, decompile, or disassemble the Intellectual Property, without the prior written consent of Accor Plus or TLC (as applicable). Users must also not engage in any conduct that infringes, violates or misappropriates any Intellectual Property rights of Accor Plus, TLC or any other party, and such infringement, violation or misappropriation shall amount to a breach of the Terms and Conditions.
Accor Plus and TLC reserve the right to take any administrative and/or legal action in the event of misuse, infringement, violation or misappropriation of the Intellectual Property by any users. You agree to indemnify, defend and hold Accor Plus, TLC and our affiliates, subsidiaries, directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, judgment, deficiencies, damages, liabilities, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from an infringement or misuse of the Intellectual Property.
Links to the other Websites
The DLITE PLUS Website may contain links to third party websites or services that are not owned or controlled by TLC.
TLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that TLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
Users of the DLITE PLUS Website are advised to read the terms and conditions and privacy policies of any third party websites or services that they visit.
Limitation of Liability
In no event shall TLC or Accor Plus, nor their its directors, employees, partners, agents or suppliers be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the DLITE PLUS Website; (ii) any conduct or content of any third party on the DLITE PLUS Website; (iii) any content obtained from the DLITE PLUS Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not TLC or Accor Plus has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The DLITE PLUS Website is made available to you on an as-is, as-available basis, without representations or warranties of any kind, whether express or implied. TLC and Accor Plus specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Your use of the DLITE PLUS Website is voluntary, by your own choice and at your own risk. TLC and Accor Plus does not warrant or represent that your access to the DLITE PLUS Website will be uninterrupted or error-free or that any information, data, content or other material accessible through the DLITE PLUS Website will be free of viruses, bugs, malwares or other harmful components that may interfere with or damage the operation, security or functionality of your device(s).
Without limiting the foregoing, TLC and Accor Plus does not represent or warrant that the information on the DLITE PLUS Website is accurate, complete, reliable, useful, timely, or current. Despite commercially reasonable efforts, the DLITE PLUS Website and other materials may contain typographical or other errors or inaccuracies, including, without limitation, regarding the benefits of the DLITE PLUS Program, for which TLC and/or Accor Plus will not be responsible. TLC and/or Accor Plus reserves the right to void or refuse to process any transaction arising out of such an error, typo, or misprint.
All decisions of TLC and Accor Plus, where applicable in relation to the DLITE PLUS Website are final and binding on all users.
By continuing to access or use the DLITE PLUS Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please exit from and discontinue use of the DLITE PLUS Website immediately.
Subject to the above, each of the parties submits to the exclusive jurisdiction of the courts at New Delhi.