This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of fly2kart.com, or any other portal as may be launched by BIGSCAL TECHNOLOGIES PVT LTD.
These terms and conditions ("Terms and Conditions") and all applicable policies (as defined below) which are herein incorporated by way of reference govern your rights and obligations as a user of the fly2kart.com (“website”) platform while accessing and using the fly2kart.com platform and/or availing the services and/or Indirect services, as may be rendered by fly2kart.com.
Any reference to "you" or "your" or "user" in these Terms and Conditions, means you, the user of the website, buying or selling the Products and/or availing any of the services and/or Indirect services available on the website.
By accessing, using the website and/or any of the services and/or Indirect services, you agree to be bound by these Terms and Conditions and all rules, guidelines, policies, terms and conditions applicable to the website and/or services being provided by fly2kart. fly2kart.com shall have the sole right to change, modify, add or remove these Terms and Conditions or any of its policies relating to the provisions of services and/or Indirect services on the website, at any time without any prior written notice or intimation. It is hereby clarified that each user shall be responsible for reviewing the Terms and Conditions and policies on the website time to time and keeps you updated.
Use of the website is only available to persons who are above 18 years. fly2kart.com reserves the right to terminate your membership and / or refuse to provide you with access to the website if it is brought to fly2kart.com’s notice or if it is discovered that you are under the age of 18 years.
fly2kart.com required you to register as a user by opening an Account in order to avail of the services provided by the website. You agree to immediately notify us of any unauthorized use of your Account Information or any other breach of security. You will be responsible for maintaining the confidentiality of your Account Information, and are accept the responsibility for all activities that occur under your Account. You may be held liable for losses incurred by fly2kart.com or any other user of or visitor to the website due to authorized or unauthorized use of your Account.
fly2kart.com has the right to suspend or terminate your Account and refuse to provide you with access to the website, If you provide any information that is untrue, not current or incomplete.
fly2kart.com strives to provide you best and accurate prices available on product and services you buy from website. fly2kart.com cannot confirm the price of a product until after you order the product. A product is listed at an incorrect price or with incorrect information due to typographical error in pricing or product information. Unless the product ordered by You has been dispatched, Your offer not be accepted and fly2kart.com will have the right to modify the price of the product and contact You for further instructions using the e-mail address provided by You during the time of registration, or cancel the order and notify You of such cancellation. fly2kart.com shall have the right, at our sole discretion, to reject or cancel any orders placed for that product, unless the product has already been dispatched. If you have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
TRANSACTION AND COMMUNICATION
fly2kart.com is a platform that Users utilize to meet and interact with one another for their transactions. fly2kart.com is not and cannot be a party to or control in any manner any transaction between the website's Users.
1. fly2kart.com does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the website. fly2kart.com does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. fly2kart.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
2. fly2kart.com does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of commercial/contractual terms between the buyers and sellers. All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
3. fly2kart.com does not at any point of time during any transaction between buyer and seller on the website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
4. fly2kart.com does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the website and use your best judgment in that behalf.
5. fly2kart.com is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. fly2kart.com cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the website. fly2kart.com shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
6. The website is only a platform that can be utilized by users to reach a larger base to buy and sell products or services. fly2kart.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer.
7. At no time shall fly2kart.com hold any right, title or interest over the products nor shall have any obligations or liabilities in respect of such contract.
8. fly2kart.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
9. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.
10. At no time shall fly2kart.com hold any right, title or interest over the products nor shall have any obligations or liabilities in respect of such contract entered into between buyers and sellers.
11. You release and indemnify fly2kart.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, fly2kart.com cannot take responsibility or control the information provided by other users which is made available on the website. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- Impersonate another person or use an anonymous proxy;
- Violates any law for the time being in force;
- Belongs to another person and to which you do not have any right to;
- Is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- Misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Any link directly or indirectly to or include descriptions of items that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or are at the same time listed for sale on a web site other than the Website.
- Shall not be false, inaccurate or misleading;
- Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- May give rise to liability on part of the website or the company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the website or the company; and
In case of any violation of the above provisions, the company has the right to terminate the access or usage rights of the user to the website without any notice and any such violative information that is displayed or submitted on the website can be removed immediately and completely.
You shall not attempt to or manipulate any of the obligations conferred on you by this user Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the website and also for taking appropriate legal action.
You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Website.
You shall be responsible for keeping backup versions of the information and data provided by you. Company is not responsible for it.
In case of any transaction or attempted transaction pertaining to any item listed on the website which is violative of this policies or terms and conditions or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the company of such violation at company mail-id.
If you choose to provide feedback on the website which is visible to other users, You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us.
You agree not to disclose or distribute any other user's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing.
INTELLECTUAL PROPERTY RIGHTS
Nothing contained on the website should be understood as granting you a license to use any of the trademarks, service marks, logos, photographs, or content owned by Company or by any third party. Express written permission from the Company is required before using such intellectual property.
DISCLAIMER OF WARRANTIES
The company hereby disclaims all warranties. We are making the website available "as is" and "as available" basis without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the App or the service.
We reserve the right to suspend or discontinue the availability of the website and/or any service at any time in our sole discretion and without prior notice. We may also impose limits on certain features and services or restrict your access to parts of or all of the website and the service without notice or liability.
To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the website, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or no infringement. The company does not warrant that the website or the service will meet your requirements or that the operation of the website or the service will be uninterrupted, error-free, or other harmful components. The company also does not warrant that the information contained on the website or obtained through the service from service providers is accurate, complete, or current. fly2kart.com or Company is not responsible for service you get from service providers is on time or fulfill your whole requirement.
fly2kart.com shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with this agreement,even if fly2kart.com has been advised of the possibility of damages. Some jurisdictions do not allow the limitation of liability so some of the above limitations may not apply to you.
We reserve the right to terminate your access to and use of the Service and/or the website for any reason and at any time. The Company reserves the right to terminate your account or your access to the website immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms, furnished Company with false or misleading information, have misused or abused the website, or interfered with use of the website or the Service by others.
This agreement will be governed by and construed in accordance with the laws of India without giving effect to principles of conflict of laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. fly2kart.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and fly2kart.com.
These Terms shall be construed in accordance with and governed by the laws of the India and the State of Gujarat, without reference to their rules regarding conflicts of law. You agree that, unless expressly waived by us or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to this Visitor Agreement or your use of this website shall be in the state Gujarat of country India and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You also agree that in the event of any action to enforce or interpret this Visitor Agreement, the prevailing party shall be entitled to collect its reasonable attorney fees.
By using the service or accessing the website, you acknowledge that you have read these terms and agree to be bound by them.