The content and information displayed on the Club Marriott Website is the property of Marriott 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 Club Marriott 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 Marriott brand (the “Marriott Materials”) that are owned by Marriott 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 Club Marriott App and/or website by any person does not grant, transfer to or confer upon such person any right, title or interest in the Marriott Materials.
The Club Marriott 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 Club Marriott 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 Marriott Materials and TLC Materials (collectively, the “Intellectual Property”) in any way whatsoever except for use of the services available on the Club Marriott 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 Marriott or TLC (as applicable). Users must also not engage in any conduct that infringes, violates or misappropriates any Intellectual Property rights of Marriott, TLC or any other party, and such infringement, violation or misappropriation shall amount to a breach of the Terms and Conditions.
- Marriott 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 Marriott, 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 Club Marriott 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 Club Marriott 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 Marriott, nor theirits 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 Club Marriott Website; (ii) any conduct or content of any third party on the Club Marriott Website; (iii) any content obtained from the Club Marriott 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 Marriott 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 Club Marriott 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 Marriott 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 Club Marriott Website is voluntary, by your own choice and at your own risk. TLC and Marriott does not warrant or represent that your access to the Club Marriott Website will be uninterrupted or error-free or that any information, data, content or other material accessible through the Club Marriott 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 Marriott does not represent or warrant that the information on the Club Marriott Website is accurate, complete, reliable, useful, timely, or current. Despite commercially reasonable efforts, the Club Marriott Website and other materials may contain typographical or other errors or inaccuracies, including, without limitation, regarding the benefits of the Club Marriott Program, for which TLC and/or Marriott will not be responsible. TLC and/or Marriott 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 Marriott, where applicable in relation to the Club Marriott Website are final and binding on all users.
- By continuing to access or use the Club Marriott 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 Club Marriott Website immediately.
- Subject to the above, each of the parties submits to the exclusive jurisdiction of the courts at New Delhi.