AGREEMENT BETWEEN USER AND MOODHU HOLIDAYS PVT LTD

Moodhu.com website is operated by Moodhu Holidays Pvt Ltd , Maldives, and its affiliates (collectively, the 'Moodhu Holiday websites' or ‘MOODHU’).

The MOODHU websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MOODHU website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with any part of the following terms, conditions and notices, you must not use the services of MOODHU.

Additionally, the MOODHU website may contain terms that govern particular features or offers (for example, hotel reservations, packages etc.) In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within MOODHU website, then these terms shall prevail.

MODIFICATION OF THESE TERMS OF USE

MOODHU reserves the right to change the terms, conditions, and notices under which the MOODHU websites are offered, including but not limited to the charges associated with the use of the MOODHU website. You are responsible for regularly reviewing these terms and conditions. MOODHU has endeavored to ensure that all the information on the MOODHU website is correct, but MOODHU neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. MOODHU disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in MOODHU Websites.

PRIVACY POLICY

The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of MOODHU contained in MOODHU Websites and hereby consents that the terms and contents of such Privacy Policy are acceptable to him/her.

LIMITED USER

Unless otherwise specified, the MOODHU website is not for commercial use. It is specifically meant for personal use only. The user shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, obtained from this site.

ALTERATION IN PUBLISHED DESCRIPTION / CONTENT

Although MOODHU makes every effort to ensure that the description and content on each page of the site is correct, it does not, however, take responsibility for changes occurred due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, MOODHU does not own or operate speed boats and other suppliers and cannot therefore control or prevent changes in the published descriptions. MOODHU, therefore, reserves the right to make such changes and in the event of you placing an order with us or choosing to avail of our services, the same will be communicated to you before the confirmation invoice is made.

LIABILITY OF MOODHU HOLIDAYS  

Since MOODHU acts only as a booking agent, it has no liability whatsoever for any aspect of the arrangements between the supplier and the customer with regard to the standard of service. In no circumstances shall MOODHU be liable for the services provided by the supplier.

LINKS TO THIRD PARTY SITES

The MOODHU websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MOODHU and MOODHU shall not be responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. MOODHU is not responsible for any form of transmission, whatsoever, received from any Linked Site. MOODHU is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators or owners including the legal heirs or assigns thereof.

PROHIBITION AGAINST UNLAWFUL USE

As a condition of your use of the MOODHU website, the user warrants that they will not use the MOODHU website for any purpose that is unlawful or illegal under any law for the time being in force within or outside Maldives or prohibited by these terms, conditions, and notices including both specific and implied. In addition the Site shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party's use and/or enjoyment of the Site. The user shall refrain from obtaining or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

TERMINATION/ACCESS RESTRICTION

MOODHU reserves the right, in its sole discretion, to terminate the access to any or all MOODHU websites and the related services or any portion thereof at any time, without notice.

THIRD PARTY ACCOUNT INFORMATION

By using the Account Access service, the user authorizes MOODHU and its agents to access third party sites designated by them or on their behalf for retrieving requested information, thereby appointing MOODHU and its agents as their agent for this purpose. While registering the user will choose a password and is responsible for maintaining the confidentiality of the password and account. The user is fully responsible for all activities that occur while using their password or account. It is the duty of the user to notify MOODHU immediately of any unauthorized use of their password or account or any other breach of security. MOODHU will not be liable for any loss that may be incurred by the user as a result of unauthorized use of their password or account, either with or without their knowledge. The user shall not use anyone else's password at any time.

FEES; PAYMENT

MOODHU reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. MOODHU further reserves the right to alter any and all fees from time to time, without notice.

The user shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.

USING THE SERVICES

MOODHU is responsible only for the transactions that are done by the user through MOODHU. MOODHU will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the user. The user warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The user further warrants that they will comply with all applicable laws and regulations regarding the use of the services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular sections of the MOODHU web site, then these terms shall control.

DISCLAIMER

MOODHU is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. MOODHU does not endorse any advertiser on its web pages in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

The linked sites are not under the control of MOODHU and MOODHU is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. MOODHU is providing these links to the users only as a convenience, and the inclusion of any link does not imply endorsement of the site by MOODHU.

MOODHU hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. MOODHU considers itself and intends to be subject to the jurisdiction only of the courts of Male', Maldives.
If the user does not agree with any of the disclaimers above they are advised not to read the material on any of the MOODHU pages or otherwise use any of the contents, pages, information or any other material contained on the MOODHU Websites.
The user expressly agrees that use of the services is at their sole risk. The services are provided on an "as is" and "as available" basis. MOODHU may change the features or functionality of the services at any time, at their sole discretion. MOODHU expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The information, packages, and services included in or available through the MOODHU websites may include inaccuracies or typographical errors. Changes are/may be periodically made/added to the information herein. MOODHU may make improvements and/or changes in the MOODHU websites at any time without any notice to the User. Any advice received except through an authorised representative of MOODHU via the MOODHU websites should not be relied upon for any decisions.
MOODHU at its sole discretion reserves the right not to accept any customer order without assigning any reason thereof. Any contract to provide any service by MOODHU is not complete until full money towards the service is received from the customer and accepted by MOODHU.
The maximum liability on the part of MOODHU arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or other charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.

In no event shall MOODHU and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the MOODHU website(s). Neither shall MOODHU be responsible for the delay or inability to use the MOODHU websites or related services, the provision of or failure to provide services, or for any information, packages, services and related graphics obtained through the MOODHU website(s), or otherwise arising out of the use of the MOODHU website(s), whether based on contract, tort, negligence, strict liability or otherwise. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

No advice or information, whether oral or written, which the user obtains from MOODHU or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. In case the user is not satisfied with any services provided under this site or any portion of the MOODHU website, or with any of these terms of use, their sole and exclusive remedy is to discontinue using this site.

PROPRIETARY RIGHTS

MOODHU may provide the user with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The user may use this material only as expressly authorized by MOODHU and shall not copy, transmit or create derivative works of such material without express authorization.

The user acknowledges and agrees that he/she shall not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution.

MODIFICATION OF THESE TERMS OF USE

MOODHU reserves the right to change the terms, conditions, and notices under which the MOODHU websites are offered, including but not limited to the charges. The user is responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the MOODHU websites are for your personal and non-commercial use. The user may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MOODHU website.

RELATIONSHIP

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the user contained herein or any other section or pages of MOODHU Websites or its partner websites, shall be deemed to constitute a partnership between the user and MOODHU and no Party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

HEADINGS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the user contained herein or any other section or pages of MOODHU Websites or its partner websites or any provision hereof in any manner whatsoever.

INTERPRETATION NUMBER AND GENDER

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to this agreement as a whole.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless MOODHU and/or its affiliates, partner websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MOODHU and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to this agreement.

SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.