Please read this Policy carefully before submitting personal information about you to us. Also, please note that this Policy does not apply to our processing of personal information on behalf of and subject to the instructions of third parties such as airlines, and other service providers, companies that organize or offer packaged travel arrangements.
Personal Information We Collect
At every touch point or guest interaction, and in conducting every aspect of our business, we may collect personal information. This personal information may include: your name and contact information, including physical address, email address and telephone number; information related to your reservation, stay or visit to a property; participation in a membership or loyalty program; purchase of products or services; personal characteristics, including date of birth, gender and nationality; passport number and date and place of issue; travel history; payment information; guest preferences; marketing preferences; dates of stay; preferred communication methods; business name, title and address; method of payment; credit card details, including the three or four digit CVV code; amount of charges for stays at properties; products and services received; reviews and opinions about our properties (if they are identified or associated with you); frequent flyer or travel partner program affiliation and member number; hotel and airline packages booked; groups with which you are associated for stays at hotels; information needed to provide products or services or administer the Loyalty Program, including transaction and correspondence details; information provided on membership and account applications; information maintained in individual customer profiles; and other types of information that you choose to provide to us. We may also record details on joint travellers, including their names and frequent flyer numbers.
In addition we collect other personal information in certain cases, such as:
Surveys: We may request demographic data or other personal information in customer surveys.
On-site Collection: Local laws may require that we collect additional personal information during registration / check-in at our properties. We also may use closed circuit television and other security measures at our properties that may capture or record images of guests and visitors in public areas. We also may collect additional personal information in connection with on-site services, such as concierge services, health clubs, spas, activities, child care services, and equipment rental.
Event Profiles: If you choose to create an online profile for meeting and event planning (e.g., weddings), we record meeting and event specifications, the date of the event, number of guests, details of the guest rooms, and, for corporate events, information on your organization (name, annual budget, number of sponsored events per year).
Social Media: If you choose to participate in MIRIHI sponsored social media activities or offerings, we may collect certain information from your social media account with your permission, such as location, check-ins, activities, interests, photos, status updates and friend list.
Forward-to-a-Friend: From time to time, this site may offer a feature that allows you to send an electronic postcard or otherwise share a message with a friend. If you choose to do so, we will ask you for the recipient's name and email address, along with the text of any message you choose to include, or you may be able to use a pre-populated message. By using this feature, you warrant that you are entitled to use and provide us with the recipient's name and email address for this purpose.
Employment Applications: If you choose to apply online for employment with MIRIHI, you will also have the opportunity to send your resume in electronic form, information on education and employment history, desired salary scale, working permits, and any other information you feel is relevant to your application. If you apply for employment online, we may retain any information about you, which is obtained by us during the application process, by us for purposes of considering your application for employment, as well as for more general management and research purposes.
Use of Personal Information Collected About You:
We use your personal information to provide the services you request from MIRIHI, or which are part of a program you have joined or a purchase you have made, such as to facilitate: reservations, the purchase of a vacation package purchases of hotel products (including online purchases from our sites, the booking of airfares, membership in the Loyalty Program, and other transactions. We also use the personal information to provide you with information about meeting and event planning and access to specific account information for administrative purposes. In addition, we may use the information to: improve MIRIHI services; provide you with the expected level of hospitality; ensure our site, products and services are of interest to you; and to process enrollments and applications. We also use the information to provide or offer you newsletters, promotions and featured specials, and to conduct surveys, sweepstakes, prize draws, and other contests online and via email, telephone, mobile / text messaging (including SMS and MMS) and postal mail.
How We Share Personal Information:
As a regional Company, we endeavor to provide you with the same level of service that you have come to expect at another MIRIHI. To provide this service, we may share your personal information with other members of the MIRIHI, managed hotels or service providers that may be located in countries outside of your own. Although the data protection laws of these various countries may not be as comprehensive as those in your own country, MIRIHI will take appropriate steps to ensure that your personal information is handled as described in this Policy.
MIRIHI Portfolio: We may share personal information with other companies within the MIRIHI Portfolio that may jointly use the personal information for the purposes described above. MIRIHI is the party responsible for the management of the jointly used personal information.
Group Events or Meetings: If you visit MIRIHI as part of a group event or meeting, information collected for meeting and event planning may be shared with the organizers of those meetings and events, and, where appropriate, guests who organize or participate in the meeting or event.
Business Partners: From time to time we may partner with other companies to provide products or services and may share your information with our business partners to provide those products or services to you. For example, we also may co-sponsor promotions, sweepstakes, prize draws, competitions or contests with other companies or we may provide prizes for sweepstakes and contests sponsored by other companies. If you enter one of these sweepstakes or contests, we may share your information with our co-sponsor or the third-party sponsor. If you are an Loyalty Program member, we may share your personal information with our business partners in order to credit you with mileage or other benefits earned through your participation in the Loyalty Program.
Onsite Services: We may share personal information with providers of onsite services that provide services such as concierge services, spa treatments or dining experiences.
Service Providers: We rely on service providers to provide certain products and services, such as to facilitate administrative functions and information technology operations, credit card billing, reservations services, administering the Loyalty Program providing services in connection with our websites, including airline packages; communicating news and delivering promotional and transactional materials via email and direct mail; processing credit card transactions, data hygiene and enhancement services; professional services such as accounting, auditing and legal advice; investigating accident reports; processing insurance claims; and administering sweepstakes, prize draws, competitions and customer surveys. MIRIHI will disclose personal information to service providers as appropriate.
Business Transactions: As we develop our business, we might sell, buy, restructure or reorganize businesses or assets. In the event of a merger, consolidation, sale, liquidation or transfer of assets, MIRIHI may, in its sole and absolute discretion, transfer, sell or assign information collected, including without limitation, non-personal information and personal information, to one or more affiliated or unaffiliated third parties.
Other: In addition, MIRIHI may disclose personal information, with or without prior notice to you, in order to: (i) comply with applicable laws, (ii) respond to governmental inquiries or requests from public authorities, (iii) comply with valid legal process, (iv) protect the rights, privacy, safety or property of MIRIHI, site visitors, guests, employees or the public, (v) permit us to pursue available remedies or limit the damages that we may sustain, (vi) enforce our websites' terms and conditions, and (vii) respond to an emergency.
Cookies and Other Technologies
When you visit and interact with this site, MIRIHI and third parties with whom MIRIHI has contracted to provide services to MIRIHI, may collect non-personal information (for example, a catalog of the site pages you visit).
Our Collection and Use of Non-Personal Information
As with many other sites, our site may use "cookies" or other technologies to help us deliver content specific to your interests, to process your reservations or requests, and/or to analyze your visiting patterns. Cookies, by themselves, cannot be used to disclose your individual identity. This information identifies your browser, but not you, to our servers when you visit our site. If you want to remove or block cookies at any time from your computer, you can update your browser settings (consult your browser's "help" menu to learn how to delete or block cookies).
We also may collect data by using "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "pixel tags") that allow us to know when you visit our site and to understand how you interact with our emails or advertisements. Through pixel tags, we obtain non-personal information or aggregate information (i.e., the domain name, the areas of the site you visit, your operating system, your browser version, and the URL you came from), which can be used to enhance your online experience and understand traffic patterns.
Because non-personal information does not personally identify you, we may use or disclose such information for any purpose. In some instances, we may combine non-personal information with personal information (such as embedding email addresses in cookies). If we do combine any non-personal information with personal information, the combined information will be treated by us as personal information in accordance with this Policy.
Our Vendors' and Partners' Collection and Use of Non-Personal Information
We also work with vendors and other partners to help deliver online and mobile advertisements for our brands that we think may be of interest to you. Many of these advertisements are not targeted to you, but rather are placed on pages where we anticipate our target audience will visit frequently.
Some of our advertisements delivered for us by these vendors and other partners may be based on your online behaviors (e.g., on MIRIHI sites and other third party sites), your search activity, or your general geographic location (such as whether your Wi-Fi network indicates that you are in an airport). These ads may appear on our own sites or on third-party websites. You may also see advertisements for third parties on other websites based on your visits to MIRIHI sites and other sites.
Also, if you search for a hotel reservation on a MIRIHI site, you may see an advertisement from a third party for a related or similar offer to that for which you were searching on the MIRIHI site.
For example, if you have visited the home page or the booking page for one of our properties but not actually booked a room, or if you have searched for a specific term (such as location or dates of stay), our vendors, acting on our behalf, may deliver an advertisement to you for that property or based on that search term. We also engage vendors to deliver online advertisements to consumers whose online behaviors on sites other than our own sites indicate that they may be interested in travel, or to help us deliver advertisements to consumers based on their publicly available social networking information. For example, if we know that you have stayed with us before, we may, through our vendors, deliver an online advertisement to you or your social networking friends. Some of our vendors may use anonymous data, such as demographic data, received from third parties to assist in the delivery of our advertisements to you.
The term "sensitive information" refers to information related to your racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership. We do not generally collect sensitive information unless you volunteer it. We may use health data provided by you exclusively to serve you better and meet your particular needs.
Personal Information From Children
Except where required by local laws, we do not knowingly collect personal information from individuals under 15 years of age. As a parent or legal guardian, please do not to allow your children to submit personal information without your permission.
Mobile and Location-Based Services
You can access our websites from a web-enabled mobile device to find a hotel (including clicking to call the hotel) or view or cancel a reservation. In addition, you can download an application to your Android phone or iPhone to provide additional functionality as described below. Using these applications you can find a hotel; book, view or change reservations; access your Loyalty Program account and book a reward stay. To book a reservation, you will be required to enter your name, address, email address and phone number, and you may be required to enter a credit card number. To view or change reservations, you will be required to sign in to your Loyalty Program account or enter your confirmation number and either your last name or last four digits of the credit card on the reservation. To sign in to or access your Loyalty Program account, or to book a reward stay, you will be required to enter your username or Loyalty Program number and your password or PIN. You can choose whether or not the application retains your Loyalty Program login information, to make it easier to access your Loyalty Program account through the application in the future.
If you have downloaded the application to a device such as an Android phone or iPhone, you can use the device's Global Positioning System (GPS) technology to locate a hotel near you. No personally identifiable information is retained to deliver this location based service.
Links to Third-Party Websites
Our site and our mobile applications may contain links to third parties' websites. Please note that we are not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties.
Other third-party websites include the landing page of the high-speed Internet providers at our hotels, as well as social media sites (such as Facebook and Twitter) on which MIRIHI or our properties may have accounts or fan pages where you may be able to post information and materials.
Protecting Personal Information
MIRIHI will take appropriate measures to: (i) protect personal information collected against unauthorized access, disclosure, alteration or destruction, and (ii) keep personal information accurate and up-to-date, consistent with applicable law. We also seek to require our affiliates and service providers with which we share personal information to exercise reasonable efforts to maintain the confidentiality of personal information about you. For online transactions, we use technology to protect the personal information that you transmit to us via our site. Unfortunately, however, no security system or system of transmitting data over the Internet can be guaranteed to be entirely secure.
For your own privacy protection, we encourage you not to include sensitive personal information in any emails you may send to us. Please do not send credit card numbers or any sensitive personal information to us via email.
We will not contact you by mobile / text messaging or email to ask for your confidential personal information or credit card details. We will only ask for your confidential personal information or credit card details by telephone when you are booking a reservation or promotional package by telephone. We will not contact you to ask for your Loyalty Program account log-in information. If you receive this type of request, you should not respond to it.
To the extent required by applicable law, you may be able to request that we inform you about the personal information we maintain about you and, where appropriate, request that we update, correct and/or suppress personal information about you that we maintain in our active database. We will make all required updates and changes within the time specified by the applicable law and, where permitted by law, may charge an appropriate fee to cover the costs of responding to the request. Such requests must be submitted in writing to the following address: Mirihi Island Resort, General Manager, South Ari Atoll, PO Box 2034, 00190 Maldives. To protect your confidentiality, we can only respond to such requests to the email address that you have registered or otherwise provided to us. Please remember that if you make such a request, we may not be able to provide you with the same quality and variety of services to which you are accustomed.
In addition, in some circumstances based on applicable law, you may request that we cease sharing personal information about you with our business partners or that MIRIHI cease the use of personal information about you on the grounds that such personal information was acquired by unjust means or used in violation of law by sending your written request to: Mirihi Island Resort, General Manager, South Ari Atoll, PO Box 2034, 00190 Maldives. We will seek to honor those requests consistently with applicable law.
Retaining Personal Information
We retain personal information about you for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by applicable law.
Choices - Marketing Communications
If you have given us your contact information (mail address, fax number, email address or phone number), we may want to inform you about our products and services or invite you to events by email, telephone, mobile / text messaging (including SMS and MMS) or post.
If you prefer not to receive marketing materials from us, you may change your preferences at any time by: (i) sending us an email to email@example.com; (ii) writing to us (and include your email address) at Mirihi Island Resort, General Manager, South Ari Atoll, PO Box 2034, 00190 Maldives; or (iii) using the unsubscribe function in the email you receive from us. We will update your preferences as soon as reasonably practical.
Please note, however, that if you "opt-out" as described above, we will not be able to remove your personal information from the databases of affiliates, franchisees or business partners with which we have already shared your personal information (i.e., to which we have already provided your personal information as of the date of your opt-out request).
We may modify this Policy from time to time. When we make material changes to this policy we will post a link to the revised policy on the homepage of our site. You can tell when this Policy was last updated by looking at the link and at the date at the top of the Policy. Any changes to our Policy will become effective upon posting of the revised Policy on the site. Use of the site following such changes constitutes your acceptance of the revised Policy then in effect.
If you have any questions about this Policy or how MIRIHI processes your personal information, please contact us by email to firstname.lastname@example.org or by postal mail to: Mirihi Island Resort, South Ari Atoll, PO Box 2034, 00190 Maldives.
I. IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this "Agreement"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
This Agreement governs your use of this Internet site between Mirihi Island Resort (referred to herein as "MIRIHI", "we", "us", or "our") and you, on behalf of yourself and the buyer, member or supplier for which you have registered ("you"). By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the Site and/or the contents of the Site in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. If you do not agree to each and all of these terms and conditions please do not use the Site and leave the Site immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of this Agreement, as it may be changed from time to time, for your records.
The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. If you do not qualify, click here to leave the Site and do not use the Site. You must be eighteen (18) years of age or older to reserve a room on this website. If you are under the age of eighteen, you may contact the resort directly for assistance.
The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal or other professional advice or service. The information contained in or through the Site is based upon sources believed to be accurate and reliable; and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to such accuracy. Personnel of our owned and managed resorts and others prepared these materials for us. They are made available to others as an accommodation only. Others retain ultimate control over the policies and procedures that they choose to implement at their resort. By providing these materials, we do not intend to exercise any direction, oversight or control over those policies and procedures. For all of the above reasons, you should consult your own attorney or other appropriate professional for advice concerning the terms and conditions of this Agreement and/or compliance with any legal requirement.
III. RESTRICTIONS ON USE OF MATERIALS
All materials contained in the Site are the copyrighted property of MIRIHI, or its subsidiaries or affiliated companies and/or third party licensors. No material from the Site or any Internet site owned, operated, licensed, or controlled by our affiliates or us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information without our prior express written consent.
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to MIRIHI and may not be used by anyone for any purpose without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them seriously.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third party licensors for your use in connection with the Site only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
We are pleased to hear from our users and welcome your comments regarding the Site and the products and services offered in connection therewith. Unfortunately, however, our long-standing Company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We employ a talented staff and consultants who may be working on the same or similar ideas. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials of any kind. While we do value your feedback on the Site and the services and products offered in connection therewith, we request that you be specific in your comments with respect to the same, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, at our request, you send certain specific submissions or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
V. FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, or email function offered as part of the Site. If you participate in a Forum within the Site, if applicable, you must not: (i) defame, abuse, harass or threaten others; (ii) make any bigoted, hateful or racially offensive statements; (iii) advocate illegal activity or discuss illegal activities with the intent to commit them; (iv) post or distribute any material that infringes and/or violates any right of a third party or any law; (v) post or distribute any vulgar, obscene, discourteous or indecent language or images; (vi) advertise or sell to, or solicit others; (vii) use the Forum for commercial purposes of any kind other than to facilitate a transaction on the Site; (viii) post or distribute any software or other materials which contain a virus or other harmful component; or (ix) post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. You shall remain solely responsible for the content of your messages and shall indemnify and hold the Indemnified Parties harmless for the content of such messages. We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
VI. CONTENT LINKED TO THE SITE
Links to other sites we think may be of interest to you are provided for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site.
Please exercise discretion while browsing the Internet and using the Site. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.
We reserve the right to disable links from any third party sites to the Site.
We make no representations concerning the content of sites listed in any of the Site's directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to a Site.
Please keep in mind that whenever you give out information online, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Electronic Transmissions, including the Internet, are public media, and any use of such media is public and not private. Information related to or arising from such use is public, or the property of those collecting information, and not personal or private information.
You agree that you use the site at your own risk. The content, services and materials in the site are provided "as is" and on an "as available" basis without representations or warranties of any kind either express, implied or statutory. We do not make any representations, warranties or endorsements regarding the accuracy, reliability, usefulness or completeness of the services, content or materials in the site or any site linked to it. To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, no infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility, or arising from course of dealing or course of performance. We do not warrant that the site or the services, content, materials, or functions contained in the site will be continuously available, uninterrupted or error-free, that defects will be corrected, or that the site, services, content, materials or the servers that make the site or such services, content and materials available are free of viruses or other harmful components or are accurate or complete. We do not warrant or make any representations regarding the use or the results of the use of the use of the services, content, materials, functions or products available through the site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, email, form postings, connections, messages or entries, or the security of any and all such matters.
Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site.
We may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for this Agreement or act in an unsportsmanlike manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of MIRIHI which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all of your and their Information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such Information.
You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.
To the extent we list or link to third party products or services, our site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users, which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Although we intend that product descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers' return policy.
Electronic communications privacy act notice (18 U.S.C. 2701-2711): We make no guaranty of confidentially or privacy of any communication or information transmitted on the site or any web site linked to the site. We will not be liable for the privacy of the information, email addresses, registration and identification information, disk space, communication, confidential or trade-secret information, or any other content transmitted over networks accessed by the site, or otherwise connected with your use of the site.
No oral advise or written correspondence or information provided by us or any of the indemnified parties will create a warranty of any kind and users should not rely on any such information or advice. We reserve the right, in our sole and absolute discretion and without notice, to correct any errors or omissions in any portion of the site, or to deny access to the site to anyone at any time. Neither we nor any of the indemnified parties, shall have any liability arising from your reliance upon the information provided on the site.
Search and Directory are free services, which may be offered in connection with the Site. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in any search index or directory offered in connection with the Site.
The Site may contain technical inaccuracies or typographical errors or omissions. MIRIHI is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken resort rates) errors listed on our Site. MIRIHI reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our resorts and each of our and their owners, partners, subsidiaries, affiliates, franchisees and each of such person's or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with this Agreement, the services or products provided to you by the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of MIRIHI or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droid moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
IX. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall we be liable for any lost profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use, the site or the services or functions of the site or arising out of your access to, or inability to access, the site or reliance upon, the site or the services, content or materials in, or functions of, the site, provision of, or failure to provide services, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence). In addition, we have no duty to update the site or the contents thereof. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the site. If you are dissatisfied with the site or any of the products, services, members, suppliers and/or buyer offered in connection therewith or associated therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the site and terminate this agreement in accordance with the terms hereof.
By utilizing the site, all users acknowledge and agree that the indemnified parties are released, discharged and held harmless from and are not responsible or liable for any liability with respect to all aspects of the site (including without limitation, any illness, losses, litigation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy, reasonable attorneys' fees and court costs). That may occur from use of the site or the acceptance, possession, use of misuse of information, materials, services or products related thereto or acquired therefrom. We reserve the right at any time and without liability to restrict of refuse access to the site and its services, content, materials and functions to anybody. We further reserve the rights to seek any form or relief, including without limitation attorneys' fees, related to fraudulent or illegal activity connected with the use of the site.
Because we are not involved in the actual transaction between buyers and suppliers, if applicable, in the event that you have a dispute with one or more users, you also on behalf of yourself, your predecessors, if applicable, and each of their present and former officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, successors and assigns, as applicable, hereby fully and forever releases and discharges the Indemnified Parties, from any and all claims, demands, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, costs, attorneys' fees, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or suspected which have existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the execution of this Agreement which arise out of, concern, pertain or relate in any way to this Agreement or the Site. You also acknowledge that there is a possibility that subsequent to the execution of this Agreement, you will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed, and which if known by it at that time may have materially affected its decision to execute this Agreement. You acknowledge and agree that by reason of this Agreement, and the release contained in this section of this Agreement, you are assuming any risk of such unknown facts and such unknown and unsuspected claims.
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein. Nevertheless, it is your intention, through this Agreement, and with the advice of counsel, fully and finally settle and release all such matters, and all claims relative thereto, which do now exist, may exist, or have existed between and among the parties hereto, including the Indemnified Parties. You hereby acknowledge that you have been advised by your legal counsel, understand and acknowledge the significance and consequence of this release and other such laws.
XI. JURISDICTIONAL ISSUES
The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation.
XII. ACCESS AND INTERFERENCE
You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information (including the Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Site without our prior express written consent or the appropriate third party.
The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancel boots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
XIII. NO AGENCY
You and MIRIHI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of this Agreement or otherwise. Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative, shall survive the termination of this Agreement including, without limitation, the following provisions hereof: (i) Restrictions on Use of Materials; (ii) Submissions; (iii) Disclaimers; (iv) Indemnification; (v) Limitations on Liability; (vi) Release; (vii) Access and Interference; (viii) Notice and Procedure for Making Claims of Copyright Infringement; (ix) Forum; (x) No Agency; and (xi) Compliance with Laws.
XV. GENERAL PROVISIONS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase and/or sell products and/or services. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Maldives, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement shall be filed only in the Republic of Maldives. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as otherwise set forth herein. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that you will execute and deliver to us, in recordable form if necessary, such further documents, instruments or agreements, and shall take such further action, that may be necessary or appropriate to effectuate the purposes of this Agreement.
XVI. DIGITAL SIGNATURE PROVISIONS
You represent and warrant that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and the member, buyer or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.
XVII. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the following Designated Agent:
- Service Provider(s): Mirihi Island Resort
- Name of Agent Designated to Receive Notification of Claimed Infringement: General Manager
- Full Address of Designated Agent to Which Notification Should be Sent: Mirihi Island Resort, South Ari Atoll, PO Box 2034, 00190 Maldives
- Telephone Number of Designated Agent: +960 668 05 00
To be effective, under Title 17, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.