WEBSITE DISCLAIMER AGREEMENT
This Website Disclaimer Agreement (‘Agreement’) governs your use of FlywithVIP.com
(‘Website’). By, visiting, using and accessing the Website, you agree to be bound by the
terms and conditions set out below.
You must be 18 years of age or older to subscribe to this Website. However, if you are between 13 and 17 years of age, you are required to have assistance of elders to use the Services.
Fly with VIP Online Private Limited, a company incorporated under the provisions of the Companies Act, 1956 (‘Company’) provides services and contents on this Website on an “as is” basis. The Company, its employees, subsidiaries, related corporations, associates and affiliates make no representations, endorsements or warranties of any kind whatsoever about the services and contents on this Website, including but not limited to accuracy, quality, reliability, suitability and completeness of the services and contents available on the Website, advertisements supplied by the respective advertisers and their creditworthiness.
As a user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website in accordance with this Agreement. Unless otherwise specified, the content on the Website is for your personal and non-commercial use and we grant you a limited license to access the Website for that purpose. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Website without our express written consent. The Company does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Website or its contents will terminate the limited license granted by us.
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to the Company, including, without limitation, responses to questionnaires or through postings to the Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website. Furthermore, by posting any content on our site, submitting content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the content submitted in any media, software or technology of any kind now existing or developed in the future.
The Company reserves all intellectual property rights to its services and contents on this Website, including but not limited to international copyright and trademark rights, unless specifically stated otherwise. No materials provided through this Website, including but not limited to the text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, transmitted or hyperlinked in any manner and in any form. You further agree not to create any derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents on the Website or any related software. All the contents and the software used on this Website is and shall remain the property of the Company or its associated entities and protected by Indian and international copyright laws. The services and contents provided by the Company on this Website are for the user’s personal consumption only, and the user may not engage in any dealings with other parties with such services and contents. Such dealings include commercial dealings and dealings which will adversely affect the commercial value of the services and contents provided by the Company. Consequently, the Company reserves the right to terminate the license to use provided under this Agreement.
References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Company’s endorsement, sponsorship or recommendation of the third party information, product or service. The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of materials on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
The Company forbids the use of any robot, spider, automatic device, manual process, software or routine which may interfere with the proper operation of this Website or any transactions being conducted on this Website. You shall not violate or attempt to violate the security of the Website, including, without limitation, (a) by way of accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) by way of attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) by way of attempting to interfere with the services to any other user, host or network, including, without limitation, by means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing” the Website; or (d) forging any IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security of the Company shall result in civil and / or criminal liability.
You may only access the site and use the content and the services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the services. You agree that you will not in any way: (i) interfere with the ability of others to access or use the services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the site or the services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services.
When you visit this Website or send emails to us, you are communicating with us electronically. By providing us with your communication details, you expressly request and consent to receive communications from us electronically. We will communicate with you by email or by posting on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THE CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS OR EMPLOYEES) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE CONTENT, THE SERVICES OR ANY PORTION THEREOF.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DAMAGES, CLAIMS, EXPENSES OR LOSSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON THE ACCURACY, AVAILABILITY, CURRENCY, TITLE, NON-INFRINGEMENT, QUALITY, RELIABILITY, SUITABILITY AND COMPLETENESS OF THE SERVICES AND CONTENTS AVAILABLE ON THE WEBSITE.
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party caused from, including but not limited to breach of any warranties, representations or undertakings or in relation to the non- fulfillment of any of your obligations under this Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property laws / rights, claim of libel, defamation, violation of rights of privacy or publicity and infringement of any intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
The Company reserves the right to investigate complaints or reported violations of this Agreement and to take any action including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
The Company reserves the right to make changes and corrections, at any time and without notice, to this Web Site, its services and its Contents, including the removal of news or postings and changes and corrections to this Agreement. Any modification made to this Agreement shall be effective immediately. Your continuance to use the Website shall be deemed as your acceptance to the terms of this Agreement including any modifications thereof.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. This Agreement shall be governed by and construed in accordance with the laws of India, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of Mumbai.