Welcome to Flypur. Flypur is a marketplace platform for the community of shoppers & travellers. Now, buy anything locally, domestically and globally with the help of travellers, moreover travel around to make some cash on your trip.
By using our Services you agree that you are over the age of eighteen (18) years who can form legally binding contracts under applicable law, and who properly create a valid account as explained below (valid account holders, whether Shoppers, travellers or both, collectively be referred to as Members). By using our Services you agree that we reserve the right to suspend your account or stop providing our Services to at our discretion.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Shoppers Users who purchase Items from travellers on Flypur.
travellers are Users who offer to bring Items for Shoppers on Flypur.
Items are the product which the travellers offer and the Shoppers wish to purchase.
Members/Users/You/Your/We are Shoppers and travellers on the Site.
Orders are the formal agreement between a Shopper and Traveller after a purchase was made from the Traveller’s page.
Disputes are disagreements experienced during an order between a Shopper and Traveller on the Site.
Banned Items are goods which the you as not supposed to buy or offer to sell on the Site.
Overview(Main terms, in a nutshell)
- Only registered users may shop and offer to sell on Flypur. Registration is free of cost.
- Shoppers pay Flypur in advance to create an order.
- Flypur will release the payment to the Traveller once the Shopper confirms delivery of the Item and only after deducting the commission and applicable taxes. Such payment is added to Traveller’s wallet in Flypur account from where the Traveller can make the withdrawal to his bank account.
- travellers must ensure that the said Item is free from all duties and taxes and they must provide the original GST or vat paid an invoice to the Shopper wherever applicable. Users must not buy or sell any stolen or Banned Items.
- travellers must fulfil their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect travellers’ reputation and status.
- Users may not offer or accept payments using any method other than placing an order through Flypur. We will not be responsible for any deal done directly.
1. Use of Our Services
You also acknowledge and agree that, unless we otherwise specifically agree in writing, Flypur is not in the business of offering, selling, purchasing, or bringing Items. You understand that by accessing the Flypur platform, and in becoming a member you receive only the ability to use the Flypur platform to access friends who may be interested in being a shopper and/or traveller, including, but not limited to, the ability to message other members about Items. You acknowledge and agree that Flypur is not a party to any relationship or agreement between you and another member and that any such relationship is between the members only. You also acknowledge and agree that at all times, it is your responsibility and not Flypur’s responsibility, which is disclaimed to the maximum extent of the law, to be familiar with, to abide by and to comply with all relevant federal, state, local, and international laws, rules and regulations that may apply to any Items or to any relationship between members.
Members also acknowledge and agree that they are users of the Flypur Platform only and that they are not Flypur employees, joint venturers, partners, or agents whatsoever. Flypur does not have the right to control and does not control Members, or the relationships between them or the subject matter of such relationships. You acknowledge and agree that, except where these Terms provide otherwise, it is the Members themselves who establish any applicable Traveller Fees. While Flypur may help facilitate disputes, We have no control over and do not guarantee
- The existence, quality, safety, suitability, or legality of any Item arranged between Members,
- The truth, accuracy or suitability of any description or any other aspect referred to by Members on the Flypur Platform,
- The performance or conduct of any Member or Third-party or
- The legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between Members or the subject matter thereof. While we may provide information that may be helpful in assisting you to evaluate another Member and their status in the Flypur community, Flypur does not endorse any particular Member or any Item. Any reference to a Member being “Verified” (or similar language) only indicates that the Member has completed a verification or identification process and nothing else. To promote the Flypur Platform and to increase exposure to potential Members or their desired Items, content from the Flypur Platform may be displayed on other websites, applications, other communications (including email or SMS or other text message services), and in online and offline advertisements.
We are continually changing and improving the Flypur Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all of the Flypur Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Flypur Platform, Fees (defined below) or any other aspect of the relationship between Flypur and You. You should look at the Terms regularly.
3.Account Registration, Member Verification and Other Member Representations And Warranties
To access Our services, You will need to validly register for an account and to become a Member with verified phone & email. As indicated above, by doing so, You represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction (s). You also represent and warrant that You will comply with any and all applicable import and export control laws or customs laws in Your local jurisdiction. You also represent and warrant that
- Neither You nor the subject of Your transaction (i.e., Items) is the subject of India or other country’s embargo, or that it has been designated by the Indian Government as a “terrorist supporting” country and that
- You are not listed on any Indian Government or any other country’s list of prohibited or restricted parties.
To create a Member account, You must create a password-protected account (“Account”). You may register for an Account using Your email and creating a password, or by using your existing third-party networking accounts that are enabled by Flypur now or in the future such as Google, or Facebook, Twitter or others (“Third-party Networks”), if any. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Flypur Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Flypur Account password and other information, if applicable to a Third-party Network, and You are solely responsible for all activity that occurs on or through your Account or Third-party Network created an account and that You will immediately inform Flypur of any suspected unauthorized use. Flypur is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Flypur or third parties due to unauthorized use of Your Account.
You acknowledge and agree that, as permitted by applicable laws, Flypur may in its sole discretion, but is not obligated to, obtain reports from consumer reporting agencies or otherwise review publicly available information about Members, including sexual offender registration lists or databases compiling information about criminal convictions relating to, without limitation, crimes of violence, theft, burglary, conspiracy, abuse, neglect, fraud, dishonesty, perjury, forgery, embezzlement, cyber crimes, identity theft, drug-related offense, obstruction, organized crime, prostitution, warrant violations, weapons offenses and crimes which endanger the life or property of others. By accessing or using the Flypur Platform, You authorize us to use Your personal the information (including name, address, date of birth or other identifying information) to obtain these reports and agree that we may, in our sole discretion suspend, cancel, block, restrict or terminate Your access to the Flypur Platform based upon Our evaluation of such reports, again in our sole discretion. If we undertake an effort to verify Your background through these or other methods (which we are not obligated to do under these Terms), and choose to identify you as “Verified,” such a notation shall mean nothing other than that You completed a verification or identification process and shall not constitute an endorsement of You or any other Member to the public or to any Member.
By creating an Account, and becoming a Member, You agree that the We may send you text (SMS) messages and One-Time Password (OTP) as part of the normal business operation of Your use of the Flypur Platform. Such uses include without limitation, to provide You with the information you requested from Flypur or its Members, to let you know about features, functions, improvements or changes to the Platform, to facilitate Your identification of desired Members or Members who may be able willing to discuss Items or other aspects of your Account.
These texts (SMS) messages may be automated or non-automated, and while Flypur does not charge You to send or receive such messages, message and data rates may still apply by your carrier or other providers. You may opt-out of receiving text (SMS) messages from Us at any time by contacting our Support team. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of and ability to fully use the Flypur Platform.
4. Rights and Obligations of Flypur
- Flypur will attempt to continuously innovate in order to provide the best possible Services to its users. You acknowledge and agree that the form and nature of the Services provided by Flypur may change from time to time without any prior notice.
- You acknowledge and agree that Flypur may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to User at its sole discretion.
- You acknowledge and agree that if Flypur disables access to your account or login route, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- You acknowledge and agree that while Flypur may not currently limit your use of the Services in any way, it may do so if that use hinders with the ability of Flypur to carry on its operations or the ability of other customers to use the offering.
- Flypur shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Services or the discontinuation altogether thereof.
5. Rights and Obligations of Users
- In order to access the Services, the User may be required to provide personal information, as part of the registration process, for his continued use. You agree that registration the information provided shall be accurate, correct and up to date.
- You agree to use the Services only for purposes that are permitted by
(a) the Terms and
(b) any applicable law, regulation or guidelines.
- You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by Flypur unless you have been specifically allowed to do so in a separate agreement. You specifically agree not to access (or attempt to access) any of the Services through any automated means including but not limited to the use of scripts and web crawlers.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the offering).
- You agree that you are solely responsible for (and that Flypur has no responsibility to you or to any Third-party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Flypur may suffer) of any such breach.
- You agree that will not use another person’s Account, to misrepresent yourself, Your identity or qualifications or transactions.
- You agree that will not violate any local, state, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to You or to Your relationship with other Members or to any Items.
- You agree that will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Flypur Platform information or content including but not limited to, use on a mirror, competitive, or third-party site.
- You agree that will not take any action that
- may unreasonably encumber the Flypur Platform’s infrastructure
- interferes or attempts to interfere with the proper working of the Platform or any third-party participation;
- bypasses measures that are used to prevent or restrict access to the Flypur Platform;
- circumvents, disables or otherwise interferes with security features of the Flypur Platform;
- viruses or any other technologies that may harm Flypur or users;
- uses the Flypur Platform in a way that violates any copyrights, trade secrets, or other rights of any Third-party, including privacy or publicity rights;
- circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of the interaction, relationships or transactions that may be facilitated on the Flypur Platform.
- You agree that will not “Stalk” or harass or intimidate any other Member or user of the Flypur Platform, or collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Flypur Platform, or use the communication systems provided by the Flypur Platform for any reason not explicitly authorized by these Terms, including but not limited to commercial solicitation purposes.
- You agree that will not recruit, solicit, or contact in any form Members for employment or any other use not specifically intended by the Flypur Platform.
- You agree that will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Flypur Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offence or conduct that would give rise to civil liability or violate any law.
- You agree that will not violate any Flypur policies that govern or relate to Your use of the Flypur Platform and interactions with You and third parties.
- You agree that will not take any action that may undermine the efficacy or accuracy of reviews or rating systems maintained by Flypur and which relate to Members.
- You agree that will not engage in fraudulent conduct including but not limited to entering into a relationship with another Member to obtain and/or bring Items with no intention of following through, offering to make prohibited money transfers or to arrange to obtain and/or bring Items that are prohibited by applicable law at places of disembarkation, transit or embarkation or entering into any relationship fraudulently or for fraudulent purpose or to conclude your arrangement off the Flypur Platform or to circumvent or evade the Flypur Platform or to evade any other requirement of these Terms.
- You agree that will not register for more than one (1) Flypur Account or registering for a Flypur Account on behalf of an individual other than Yourself or transferring or purporting to transfer your Flypur Account to any other person.
- You agree that will not undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Flypur Platform, and
6. Website Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content created wholly by You or third parties and that is not created in whole or part by Us (“User Content”), which may include but is not limited to profile information, information about Items or relationships and similar content. By making available User Content to Us, You grant to Flypur an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (by means now known or to be developed in the future) the User Content on the Flypur Platform and for any other purpose in our sole discretion, except that private messaging through the Flypur Platform will not be used by Flypur in public advertising. The license granted by You to Flypur will survive termination of these Terms and shall survive termination of the Flypur Platform, if any, or termination of Your Account. Flypur does not claim any ownership interest or rights in Your User Content and nothing in these Terms shall be deemed to restrict rights You may have in Your User Content. You acknowledge and agree that Flypur has no role in the creation, either in whole or in part, of User Content you provide to Flypur or to the Flypur Platform and that You alone are solely responsible for all User Content that You make available, including without limitation Requests, Offers and Acceptances, and the information that may be contained therein. You thus represent, warrant and agree that
- you either own or have all necessary rights, licenses, consent and releases necessary to grant Flypur the rights in User Content under these Terms;
- neither the User Content nor your posting, uploading, publication, submission or transmittal of User Content or Flypur’s use of Your User Content (in whole or part infringes, misappropriates or violates any Third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order. You acknowledge and agree that Flypur may exercise any traditional editorial function as to User Content including but not limited to proofreading, editing, summarizing, digesting or another editing without becoming the author of such content, and that it remains Your sole responsibility to monitor your User Content and to guarantee that any such edited User Content is accurate and consistent with your representations, warranties and agreements in these Terms.
- We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Flypur Platform or to User Content that We consider to be a violation of these Terms, Flypur policies and procedures, We consider harmful to the Flypur Platform, to Flypur or to any other Member or Third-party or which We consider being otherwise objectionable or for any other reason.
7. Representations and Warranties for Payment
As set forth above, except where we otherwise specifically agree in writing, Flypur does not own, create, sell, offer, resell, provide, control, manage, buy, offer to buy, bring, or offer to bring or supply any Items or any other tangible or intangible thing that You may discuss with another Member. When Shoppers and travellers make or accept an offer to transact, they are entering into a contract with each other, and even though Flypur may act as a limited payment collection agent as defined below, it is not a party to any agreement discussed or entered into between Members.
Flypur may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party websites, applications, services or resources (“Third-party Services”). Any such Third-party Services is subject to different terms or conditions and privacy practices created or controlled by third-party providers and not Flypur, and Members should review them carefully and independently. Flypur is not responsible for or liable for the availability, accuracy, reliability or anything related to Third-party Services, including the content thereon. Links or other access to information of Third-party Service providers shall not constitute an endorsement by Flypur of such providers or their services. You may not use Flypur’s payment-related services except as authorized by the laws of the India, the laws of the jurisdiction where you reside, and any other applicable laws.
Additionally, notwithstanding your agreement to the above relating to the laws of India and its subdivisions, localities and municipalities, you also hereby agree to comply fully with relevant export and import and customs laws in your local country and jurisdiction.
8.Payment Processing Agency
Payment processing is done by [●], and are subject to[●]’s Services Agreement. By agreeing to these Terms or by accessing, searching or using the Flypur Platform, You agree to be bound by [●]’s Services Agreement, as they may be amended or modified from time-to-time by [●]. Flypur’s provision of any payment processing services through [oo] is subject, and conditioned upon, Your agreement to provide Flypur up-to-date, accurate, and complete information relating to you and your payment instrument (s) and You expressly authorize Flypur to share this information and transaction-related information relating to your use of payment-related services with [●]. Flypur reserves the right to provide payment processing services through other Third-party vendors, and if it chooses to do so, will provide notice to your registered email or through another method.
9. Payment Collection
By agreeing to these Terms, and in accessing or using the Flypur Platform, travellers authorize Flypur to receive and collect payments for transactions entered into between Members, including:
- Item Costs,
- Flypur Service Fees
- Traveller’s Fees
- Fees, if any, and
- Taxes and other Government Regulatory Fees (for example, without limitation duties, tariffs or government charges) (“Total Fees”) owned by Shoppers to travellers as set forth in these Terms. Payments made by Shoppers to Flypur in connection with an Offer shall be considered the same as a payment made directly to travellers, and travellers agree to provide the Items to Shoppers in an agreed-upon manner as if the Traveller has received payment directly from Shoppers. You further agree that Flypur’s obligation to remit payments to travellers is conditioned upon and extends only to sums that it has successfully received from Shoppers in accordance with the relevant agreements. Flypur assumes no liability or obligation for any funds or obligations owed by Shoppers that were not collected by Flypur in its role under this Paragraph.
Each Shopper and Traveller acknowledges and agrees that, notwithstanding the fact that Flypur is not a party to the agreement between travellers and Shoppers, Flypur acts as the traveller's payment collection agent for the limited purpose of accepting collection from Shoppers on behalf of the Traveller.
Upon Shoppers' remittance to Flypur, Shoppers' payment obligation to the Traveller for agreed-upon amounts is extinguished, and Flypur is responsible for remitting funds collected to travellers in an agreed-upon manner. In the event that Flypur does not remit such amounts, travellers' recourse is only against Flypur, and not Shoppers directly.
The Shopper publishes an invitation called a “Shopper Request” which identifies desired Items. Interested travellers or travellers matched by the Flypur Platform, may then make offers to bring Items on terms expressed between Members in a “Traveller’s Offer.” When agreed upon, execution of the “Shopper’s Acceptance, fixes the final and binding agreement between the Members.
After finding an Item of interest, Shoppers must create a valid Shopper’s Request. The Shopper’s Request is made when the Shopper uses the Flypur Platform submission tool to
- describe the item specifically including the price;
- to add the location (City and Country) where the Shopper is or where they want the Items brought, and
- to add the desired receipt date. Flypur advises Shoppers to be as specific as possible and provides a place to “Include a Note to Your Traveller” to help ensure that a Traveller obtains and brings only the desired item. Shoppers shall not request Prohibited Items.
To assist Members to locate and communicate with each other, including potential dates upon which Members can meet in person, The Flypur Platform allows travellers to enter the details of upcoming travel dates, and to browse published Shopper’s Requests made by their Flypur friends. travellers can indicate their preference to be notified of upcoming Shoppers' Requests that may correspond to their planned trips or trips that they may be willing to take. Upon finding a suitable Shopper’s Request, Traveller must submit a “Traveller’s Offer”. The Traveller’s Offer must contain and describe each component of the Total Fees.
When the Shopper and Traveller have agreed to all aspects, including applicable timing and Total Fees, the Shopper must agree to the Traveller’s Offer, in what we call the “Shopper’s Acceptance.” The Shopper’s Acceptance is an agreement on all material terms between a Shopper and Traveller, under which they agree to be bound to each other to in the manner agreed.
The following components that make up the Total Fees must be contained in, and fully described in the Traveller’s Offer. When Accepted, the Traveller’s Offer establishes the final and total amounts to which the Shopper agrees:
- Item Cost: Although a Shopper may specify a price in the Request, the actual Item Cost shall be the amount specified by the Traveller in the Offer;
- Service Fee: This is a service fee charged by and retained by Flypur for the use of its Flypur Platform by Shoppers and travellers. Service Fees are collected by Flypur from Shoppers and deducted from remaining amounts remitted to travellers by Flypur. Service Fees are non-refundable.
- Traveller’s Fee: The Traveller’s Fee is the amount Shoppers agree to give to the Traveller for helping them. As set forth above, Flypur may estimate a Traveller’s Fee for planning purposes, but the actual Traveller’s Fee is set by the Traveller in the Offer.
- Applicable Taxes: Flypur may auto-calculate an estimate of sales and other taxes including GST, associated with the Traveller’s Offer. Flypur always separately states the Applicable Taxes from the Item Cost and the Platform Fees.
- All government fees, tariffs and duties are the responsibility of the Traveller and Traveller is required to make sure that the Shopper is aware of such fees prior to accepting the offer.
12. Banned Items
Flypur Shoppers expressly agree not to use the Flypur Platform or to request that a Traveller obtain or bring any item that is banned under the laws of India and/or its subdivisions, or of any international laws or laws of any local jurisdiction applicable to Members, goods, transit or destination. It is the responsibility of both the Shopper and the Traveller (and not Flypur)to refrain from requesting or bringing any Item that is prohibited either by the jurisdiction of disembarkation, transit or embarkation. In case of doing any doubt, Shoppers and travellers must consult their respective government agencies which regulate items that may and may not be brought into or out of a country of origin before Transaction.
Banned items include, but are not limited, to Hazardous Materials, Counterfeit goods, Currency, Stolen property, Alcohol, Live animals, Firearms, ammunition, explosives or chemicals, Human remains, Pornography or obscene materials, Illegal drugs, Any product or item related to illegal activities, such as the production of illegal drugs, Any item that is prohibited by law in the place of origin, destination or any jurisdiction of transit through between origin and destination, Batteries, Aerosols or any flammable materials, Knives, batons or other weapons, Certain agricultural products, Items imported into India without a customs declaration where one was required.
13. Acceptance of Items
The Shopper and travellers must agree at the time the Shopper’s Request is accepted by the Traveller on a specific time period for acceptance of the Items. travellers shall bear the responsibility to identify an acceptable safe and public place to meet with their Shoppers for the purpose of inspection and exchange of goods. The time for delivery can be extended only by written agreement between the Shopper and Traveller on the Flypur Platform, or by Flypur. Unless the parties otherwise agree in writing, it is the Shopper’s obligation to inspect and accept the Items at the time of delivery, and the agreement between the parties is deemed complete at the time of acceptance regardless of whether the Shopper shows up to inspect and accept Items. Unless the Traveller and Shopper have agreed to otherwise in writing if the goods are not made available for delivery and acceptance within five (5) days of the delivery date, and the Shopper has not inspected and accepted the Items, the Shopper will be charged and the amounts released to the Traveller. The only permissible method to extend the delivery, inspection and acceptance periods agreed to by the Shopper and Traveller is written communication between the parties on the Flypur Platform or through notification by Flypur through the Flypur Platform.
14. Rejection and Refunds
Shoppers may refuse to accept the Items only if the Traveller has brought incorrect goods (for example, specifications which differ from the agreement between the parties, in terms of brand, color, style, size, etc.) or the condition of the Items is other than that agreed to between the parties (for example, damaged or used items or otherwise not in the condition represented) and if the traveller did not come. Shoppers may not refuse acceptance of Items because they changed their mind about the transaction, or through an attempt to renegotiate the price of the items or because they have found the items elsewhere. Shoppers agree that Flypur, in its sole discretion, may determine whether the reason for rejection is acceptable under applicable policies and if Flypur determines the rejection is impermissible or unauthorized, Shoppers agree that they may be charged and the transaction completed as agreed to by the parties. Except as set forth above, in instances where the Shopper fails to appear for inspection and acceptance within five (5) days of the delivery date, Shoppers are required to confirm delivery of Items in order to release funds to travellers.
In case of refund, Shopper needs to open a support ticket after which, the matter will be investigated by our support team. If it is found that the refund claim is genuine, a refund will be initiated and the Shopper will receive the full amount paid into his original mode of payment.
15. Third-party Websites
The Services may contain links to other websites. The Services also may utilize Third-party Services, advertisements, offers and payment systems. Flypur is not responsible for these Third-party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. Flypur is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Flypur be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by the use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator.
16. Intellectual Property
You acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws.
17. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON "AS IS"BASIS.
IN PARTICULAR, FLYPUR DOES NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND FLYPUR WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLYPUR OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
FLYPUR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
18. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, USER EXPRESSLY UNDERSTANDS AND AGREES THAT FLYPUR PROVIDES THE SERVICES ON "AS IS" BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. FLYPURAND ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT:
- THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. FLYPUR SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL FLYPUR ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FLYPUR SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Flypur is not obligated to investigate, monitor, mediate or resolve any dispute you may have with another user of the Services, although we may undertake such action in our own discretion. In the event of a dispute with another User of the Services, you agree
- to indemnify us from any liability and
- that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other User of the Services.
20. General Terms
These Terms constitute the legal agreement between You and Flypur and govern Your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services You wish to avail of (but excluding any offering which Flypur may provide to you under a separate written agreement), and completely replace any prior agreements between You and Flypur in relation to the offering.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
These Terms, and Your relationship with Flypur under these Terms, shall be governed by the laws of India, and in particular, the laws in the State of Delhi shall be applicable and Courts in the city of New Delhi shall have jurisdiction.
You agree that if a dispute arises between You and Flypur, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties, and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result, the parties shall compulsorily refer the dispute to arbitration, with the arbitral panel consisting of three arbitrators; one arbitrator is chosen by each party and the third being jointly appointed by the two chosen arbitrators.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Flypur may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to Flypur’s Website must commence within one (1) year after the cause of action arose.
You agree that YourFlypur Account is non-transferable and any rights to Your Flypur Account or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.
Flypur may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.