This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.flyeagleholidays.com website.
Your use of www.flyeagleholidays.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website. In this User Agreement, you are contracting with Fly Eagle Holidays, Eagle Holidays Shop no. 8 Dorabjee Enclave Salunkhe Vihar Road, Opposite AARZU cafe near SUPER MALL Nibm Kondhwa Pune - 411048, Maharashtra (India), hereinafter referred to as "the Website" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression “You” shall, unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.
As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and /or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website.
Amendments to the User Agreement: The Website may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Website posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
Important Disclaimers: The following disclaimers by the Website are the key to determine any relationship between You and the Website for Your use of the Website and for Website providing any services on the Website:
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
When You use the Website or send emails or other data, information or communication to the Website, You agree and understand that You are communicating with the Website and Website and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Website and all other Registered Users and Visitors and as and when posted, communicated or required.
Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Website, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Website as provided from time to time in various hyperlinks on the Website.
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Website has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Website has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
Membership on the Website is free. Website does not charge any fee for browsing, bidding and buying on the Website. However, before you list an item for sale through the Website, You shall be subject to such Website fees as mentioned in the Website Fee Policy ("Website Fee"). You are recommended to review Website Fee each time before listing any item for sale on the Website. Website reserves the right to change its Website Fee and/or Website Fee Policy from time to time. Changes to the Website Fee and Website Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to the Website within such time as specified in the invoice.
You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Website reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of Website Fees. Website also reserves the right to take legal action in case of non-payment of Website Fees
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Website against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.
The Website is only a venue where users may meet and interact with one another for their transactions. Website is not and cannot be a party to or control in any manner any transaction between two users of the Website.
You release and indemnify Website and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of Your on the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Website cannot 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, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
The Website collects, stores, processes and use Your information in accordance with Website Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Website in accordance with the Privacy Policy.
Website may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Website Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
Without limiting other rights and remedies, Website may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
Website may at any time at its sole discretion reinstate suspended users. Website reserves the right to recover any amounts due and owing by you to Website and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Website and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
Website, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
In no event shall Website or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).
You shall fully indemnify, keep indemnified, defend and hold harmless Website and Website's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Website and You shall have no authority to bind Website in any manner whatsoever nor shall Website have any authority to bind you in any manner whatsoever. All the services provided by the Website shall be as independent contractor and on principal to principal basis.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Website with respect to the subject matter hereof.
In Website's sole discretion, Website may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Website on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Website shall be governed and construed in accordance with the laws of India.
If any dispute arises between You and Website during Your use of the Website or Your dealing with the Website in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Website. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
