AGREEMENT BETWEEN CUSTOMER AND FYROOMS
This Website is
offered to you conditioned upon your acceptance without modification of all the
terms, conditions, and notices set forth below (the 'Terms of Use'). Please
read the Terms of Use carefully. By accessing or using this Website, booking
any reservations for travel products or services on this Website, or contacting
our call centre agents, you agree that the Terms of Use then in force shall
apply. If you do not agree to the Terms of Use, please do not use or book any
reservations through this Website or our call centre agents. Fyrooms may at any
time change these Terms of Use and your continued use of this Website is
conditioned upon acceptance of the updated Terms of Use.
This User
Agreement along with Terms of Service (collectively, the "User Agreement")
forms the terms and conditions for the use of services and products of Fyrooms
registered under the head of Fyzoom (India) Private Limited.
Any person
("User") who inquiries about or purchases any products or services of
Fyrooms through its websites, mobile applications, its subsidiaries and its
corporate affiliates, sales persons, offices, call centres, branch offices,
franchisees, agents, co-branded and/or linked website through which Fyrooms
provides links, content or service etc. (all the aforesaid platforms
collectively referred to as "Sales Channels") agree to be governed by
this User Agreement. Reference to the term Website shall include access to this
Website and app via desktop, laptop, mobile devices and/or any other device capable
of connecting to the Internet.
Both User and
Fyrooms are individually referred to as 'Party' and collectively referred to as
'Parties' to the User Agreement.
As a condition of
your use of this Website, you warrant that
You are at least
18 years of age and are of sound mind,
As a
minor if you wish to use or transact on the Website, such use or transaction
shall only be made by a person of legal contracting age (legal guardian or
parents). We reserve the right to terminate your membership and/or block access
to the Website if it is discovered that you are a minor or incompetent to
contract according to the law or any information pertaining to your age entered
at the time of creation of account is false.
You
will use this Website in accordance with the Terms of Use.
You
will only use this Website to make legitimate reservations for you or for
another person for whom you are legally authorized to act, you will inform such
other persons about the Terms of Use that apply to the reservations you have
made on their behalf, including all rules and restrictions applicable thereto.
All information
supplied by you on this Website is true, accurate, current and complete, and If you have an online account with this Website, you will
safeguard your account information and will supervise and be completely
responsible for any use of your account by you and anyone other than you.
We retain the
right in our sole discretion to deny access to anyone to this Website and the
services we offer, at any time without notice and for any reason, including,
but not limited to, for violation of these Terms of Use. All rights and
liabilities of the User and FYROOMS with respect to any services or product
facilitated by FYROOMS shall be restricted to the scope of this User Agreement.
The User
acknowledges and recognizes that all information, provided through various
Sales Channels, including but not limited to data, software, content, music,
sounds, photographs and images, video and any other content on the Website (the
"Content") are the exclusive property of fyrooms.com and its license
holders.
User agrees to
follow all instructions provided by FYROOMS which will prescribe the way such
User may use the Content. There are a number of proprietary logos, service marks
and trademarks displayed on the Website and through other Sales Channels of
FYROOMS, as may be applicable. FYROOMS does not grant the User a license, right
or authority to utilize such proprietary logos, service marks, or trademarks in
any manner. Any unauthorized use of the Content, will be in violation of the
applicable law.
FYROOMS respects
the intellectual property rights of others. If you notice any act of
infringement on the Website, you are requested to send us a written notice/
intimation which must include the following information
• Clear
identification of such copyrighted work that you claim has been infringed.
• Location of the
material on the Website, including but not limited to the link of the
infringing material.
• The proof that
the alleged copyrighted work is owned by you.
• Contact
information.
The aforesaid notices can be sent to FYROOMS
by email at contentdispute@fyrooms.com
The content and
information on this Website (including, but not limited to, price and
availability of travel services), as well as the infrastructure used to provide
such content and information, is proprietary to us or our suppliers and
providers. While you may make limited copies of your travel itinerary (and
related documents) for travel or service reservations booked through this
Website, you agree not to otherwise modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell or re-sell any information, software, products, or services
obtained from or through this Website. Additionally, you agree not to
• Use this Website
or its contents for any commercial purpose.
• Make reservation
for travel-related products or services or other products on this Website for
the purposes of resale.
• Make any
speculative, false, or fraudulent reservation or any reservation in
anticipation of demand.
• Access, monitor
or copy any content or information of this Website using any robot, spider,
scraper or other automated means or any manual process for any purpose without
our express written permission.
• Violate the
restrictions in any robot exclusion headers on this Website or bypass or
circumvent other measures employed to prevent or limit access to this Website.
• Take any action
that imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load on our infrastructure;
• Deep-link to any
portion of this Website (including, without limitation, the purchase path for
any travel services) for any purpose without our express written permission; or
• 'Frame',
'mirror' or otherwise incorporate any part of this Website into any other
website without our prior written authorization.
If Fyrooms
suspects that you have breached the Terms of Use (including without limitation
if you have made multiple reservations on the Website and Fyrooms considers
(acting reasonably) that any such reservations are for the purposes of
reselling) or your reservation or account shows signs of fraud, abuse, or
suspicious activity, Fyrooms may cancel any reservations associated with your
name, email address, or account, and close any associated Fyrooms
accounts. If such reservations cancelled
are non-refundable bookings, Fyrooms reserves its right not to refund you for
the cancelled reservations. In addition, we may verify (i.e. preauthorize) your
credit card. If you have conducted any fraudulent activity, Fyrooms reserves
the right to take any necessary legal action and you may be liable for monetary
losses to Fyrooms, including litigation costs and damages. To contest the
cancellation of a booking or freezing or closure of an account, please contact
Fyrooms Customer Service.
FYROOMS reserves
the right to periodically make improvements or changes in its Website at any
time without any prior notice to the User. User(s) are requested to report any
content on the Website which is deemed to be unlawful, objectionable, libellous,
defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent,
against any religious beliefs, spam, or is violate of any applicable law to
dispute@fyrooms.com. On receiving such report, FYROOMS reserves the right to
investigate and/or take such action as the Company may deem appropriate.
Except with the
prior registration with FYROOMS as B2B agents, priority partner or a
franchisee, and explicit permission of FYROOMS to use the Website, all travel
agents, tour operators, consolidators or aggregators ("Travel
Agents") are barred from using this Website for any commercial or resale
purpose. If any such bookings are detected, FYROOMS reserves the right,
including without limitation, to cancel all such bookings immediately without
any notice to such travel agents and also to withhold payments or any refunds
thereto. FYROOMS shall not be held liable for any incidental loss or damage
that may arise from the bookings made by any person through such Travel Agents.
The liability in case of such cancellations shall be solely borne by such
Travel Agents.
All discounts and
offers mentioned on the Website are applicable only to the User(s) of FYROOMS
for legitimate bookings.
Unless FYROOMS
explicitly acts as a reseller in certain scenarios, FYROOMS always acts as a
facilitator by connecting the User with the respective service providers like
hotels, Homestay, bus operators etc. (collectively referred to as "Service
Providers"). FYROOMS's liability is limited to providing the User with a
confirmed booking as selected by the User.
Any issues or
concerns faced by the User at the time of availing any such services shall be
the sole responsibility of the Service Provider. FYROOMS will have no liability
with respect to the acts, omissions, errors, representations, warranties,
breaches or negligence on part of any Service Provider.
FYROOMS assumes no
liability for the standard of services as provided by the respective Service
Providers &provides no guarantee with regard to their quality or fitness as
represented. FYROOMS shall not be liable for any damages of any kind whatsoever
including but not limited to direct, indirect, incidental, punitive, exemplary
and consequential damages, damages for loss of use, data or profits, or other
intangible losses, which may arise or are arising from the use of this FYROOMS
Platform or any of the information, software, services and related graphics
contained within the FYROOMS Platform or any of the Services offered,
regardless of whether such damages are based on contract, tort, negligence,
strict liability or otherwise, and even if FYROOMS has been advised of the
possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE,
FYROOMS'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING
FYROOMS SERVICES/ BROWSING THE FYROOMS PLATFORM SHALL BE LIMITED TO THE AMOUNT
EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH
CLAIM.
FYROOMS merely
acts as a technology platform for booking of services and products and the
ultimate liability rests on the respective Service Provider and not FYROOMS.
Thus the ultimate contract of service is between User and Service Provider.
User's responsibility &
registration
1. Respecting users' personal privacy is one of the
fundamental policies of Fyrooms. The Fyrooms compiles and displays travel
service information for hotels and other travel providers for users' benefit.
In addition, it allows users to contact and reserve the aforementioned travel
products. By completing the registration process and clicking the "Agree
and Register" button, users are aware of the information described in this
Privacy Policy, and agree and accept all the terms set out by Fyrooms.
Fyrooms attaches the utmost importance to our users'
personal data and privacy security. Should you have any inquiries or
suggestions regarding our privacy statements, please contact
customercare@Fyrooms.com
2. Usage Regulations-When using services provided by
Fyrooms, the user shall abide by the relevant laws and regulations of the
Indian Laws and also the country specific laws for international bookings. The
user shall insure not to engage in any illegal or inappropriate activities
while using the services, including but not limited to, the uploading,
displaying, disseminating or by any other means transmitting information
containing any of the following:
• Opposing the fundamental principles of the host country
compromising security, divulging country secrets, subverting any country laws
or damaging national unity;
• harming the dignity or interests of Host country;
• Incitation of ethnic hatred or racial discrimination or
damaging inter-ethnic unity;
• sabotaging Host country’s national religious policy or
propagating heretical teachings or feudal superstitions;
• disseminating rumours, disturbing social order or
disrupting social stability;
• propagating obscenity, pornography, gambling, violence,
murder or fear or inciting the commission of crimes;
• insulting or slandering others or infringing upon the
lawful rights and interests of others;
• including falsehoods, harming, threatening, or
infringing upon the privacy of others, harassing, slandering, using vulgar
language, profanity or other matters which are morally invidious; or
• encompassing any other matters limited or prohibited by
any laws, rules or administrative regulations of Host country or other jurisdictions, if applicable.
Using Fyrooms's service system for any illegal purposes,
including engaging in any of the following activities would force fyrooms to
take legal action:
a) Enter into the computer information network or use the
computer information network resources without authorization;
b) Delete, edit or add functions to the computer
information network without authorization;
c) Delete, edit or add data or applications which are
stored, dealt or transmitted in the computer information network without
authorization;
d) Intentionally create or disseminate computer viruses
and other destructive programs; e) any other behaviour which damages computer
information network security.
e) Commercial use of any data display on Fyrooms websites
or belonging to Fyrooms, including but not limited to copying, disseminating or
by any means using such information without written consent in advance.
f) Using any device, software, procedure or other means
to intervene or attempt to intervene in the normal operation, or any
transaction or activity, of Fyrooms, or committing any behaviour leading to an
unreasonable load of large data to Fyrooms network devices.
g) Committing unfair competitive behaviour which violates
the Principles of honesty and credibility, or disrupting the transaction
processes of Fyrooms through actions such as malicious reservation or
fraudulent transaction. Or other behaviour not related to online transactions.
To provide you
with better service, the Fyrooms App will collect your information in
circumstances where you permit it, or voluntarily provide it. For the purpose
of providing Fyrooms membership services, the user consents to:
(1) Provide
timely, detailed and accurate personal data. (2) Update this information
continually. The user may authorize Fyrooms to disclose this basic information
to a third party but not to publicize any supplementary information unless: (1)
the user requests or authorizes Fyrooms and/or any other person to disclose
this information through email. (2) Applicable laws and regulations, or legal
procedures require Fyrooms to provide the user's personal data. If the user
provides incorrect information, Fyrooms reserves the right to cease providing
Fyrooms's services to the user. By making use of Fyrooms's services, the user
agrees and accepts all relevant information service provided related to Fyrooms
services.
Fyrooms strictly
safeguards the right to privacy of its users and implements reasonable measures
to protect their personal information. Hence, in addition to the aforementioned
Part 2 Collection of Information, Fyrooms will not publicize or disclose any of
the user's supplementary information, nor will it store non-public content in
the Fyrooms‘s services, unless as required by applicable laws and regulations,
or legal procedures, or when disclosure of this information is necessary on the
basis of integrity, including but without limitation to the following
circumstances:
(1) To abide by
relevant laws and regulations, and to comply with legal procedures for Fyrooms
membership services;
(2) To maintain and protect Fyrooms's
trademark rights;
(3) To protect the
privacy and security of its users and the general public in emergency
situations; and
(4) To comply with
laws, regulations and/or legal procedures, if any otherwise applicable.
Special
Authorization
You fully
understand and irrevocably, grant for free the following rights to Fyrooms and
its affiliates:
1. Fyrooms’s
affiliates or partners may allow Fyrooms users to login and use the services
which they provide. The user's activities in such cases shall be subject to the
terms and conditions published by the affiliate or partner. In order to
implement the abovementioned functionality, you agree that Fyrooms will
synchronize your registration information and transaction data with the system
of Fyrooms's affiliates or partners, or allow their use of such information.
2. If you login to
Fyrooms using the account and password of Fyrooms's affiliates or partners, in
order to provide similar services and functionality, you agree that Fyrooms
will synchronize your registration information and transaction data from the
account of Fyrooms's affiliate or partner with Fyrooms's own system, and allow
their use of such information, and you agree that Fyrooms and its affiliates or
partners will bear no liability or consequences to you, if any.
3. To ensure
transaction security, you agree that Fyrooms and its affiliates may carry out
data analysis using your information, and you agree to allow Fyrooms and its
affiliates to use result of such analysis for commercial purposes.
4. You agree to
authorize and accept business information from Fyrooms through your email,
mobile phone and delivery address or internet based sms
connection through Whats app, Facebook, Instagram etc. when you make use of various services
provided by Fyrooms. Such business information includes but is not limited to
the latest products and promotions from Fyrooms. If you prefer not to receive
such information, you may unsubscribe by adjusting the relevant settings in
Fyrooms.
5. The User will
indemnify FYROOMS against all types of losses and damages incurred by FYROOMS
due to any action taken by TRAI, Access Providers (as per TRAI regulations) or
any other authority due to any erroneous complaint raised by the User on
FYROOMS with respect to the communications mentioned above or due to a wrong
number or email id being provided by the User for any reason whatsoever
6. The User
warrants that they will abide by all such additional procedures and guidelines,
as modified from time to time, in connection with the use of the services. The
User further warrants that they will comply with all applicable laws and
regulations of the concerned jurisdiction regarding use of the services for
each transaction.
The services are
provided on an "as is" and "as available" basis. FYROOMS
may change the features or functionality of the services being provided at any
time, in its sole discretion, without any prior notice. FYROOMS expressly
disclaims all warranties of any kind, whether express or implied, including,
but not limited to the implied warranties of merchantability, reasonably fit
for all purposes. No advice or information, whether oral or written, which the
User obtains from FYROOMS or through the services opted shall create any
warranty not expressly made herein or in the terms and conditions of the
services.
7. User also
authorizes FYROOMS's representative to contact such user over phone, message
and email. This consent shall supersede any preferences set by such User
through national customer preference register (NCPR) or any other similar
preferences
A cookie is a text
file which a web server stores on your access device. It will record information
about a user's visit to a website to simplify the process of inputting your
personal information. You can accept or reject cookies being stored on your
device. If your browser automatically enables cookies, you might need to
configure your browser to reject cookies according to your own preferences. If
you disable cookies, you might not be able to fully access functions or
features of the Fyrooms website.
Once you register
as a member of Fyrooms, you will be required to set up an account name and
password. You will be responsible for the safety of your own account and
password, and will assume full responsibility for any activity or events which
occur from within the account. You may change your password at any time, or
close your account and register a new one. If there is any illegal use of a
member account or a loophole in security, the user shall inform Fyrooms
immediately by contacting customerservice@fyrooms.com
User understands
that any information that is provided to this Website may be read or
intercepted by others due to any breach of security at the User's end.
FYROOMS keeps all
the data in relation to credit card, debit card, bank information etc. secured
and in an encrypted form in compliance with the applicable laws and
regulations. However, for cases of fraud detection, offering bookings on credit
(finance) etc., FYROOMS may at times verify certain information of its Users
like their credit score, as and when required.
The data of the User
as available with FYROOMS may be shared with concerned law enforcement agencies
for any lawful or investigation purpose without the consent of the User.
Some personal
information may be regarded as personal sensitive information, such as your
race, religion, and health and medical information. This type of personal
sensitive information will be strictly protected. As has been previously stated
in this Privacy Policy, your personal sensitive information may be disclosed
when you upload contents and information during your purchasing products or
services provided by Fyrooms. Hence, please consider carefully before using
Fyrooms's products or services. You agree to your personal sensitive
information being handled as described in this Privacy Policy.
Fyrooms is not
responsible for the failure to delete or failure to store information provided
by the user. Fyrooms has not set an upper limit to the volume of data
transferred but it reserves the right to terminate the member account if
Fyrooms deems in its own discretion that the user's behaviour does not comply
with the Terms of Use of Fyrooms membership or the user violates the
regulations of the service clause. The copyright of all contents referred under
this Terms of Use shall be jointly owned by the author and Fyrooms. Anyone
wishing to reproduce this document must seek authorization from the author or
Fyrooms.
The user is solely
responsible for content which they publish. When using this type of service,
all local laws, national laws and international legal standards in areas where
Fyrooms provides service will apply. Users must comply with the following
rules:
(1) All published
content must conform to relevant laws and regulations of Host country.
(2) Fyrooms's
services must not be used for any illegal purposes.
(3) Interference
or disturbance to the network service is prohibited.
(4) User must
comply with all the network agreements, regulations and procedures regarding
the Fyrooms's services. Membership services make use of the Internet to deliver
and receive information. Hence, the behavioural guidelines of the user are
subject to relevant laws and regulations, policies and procedures regarding the
Internet. Users shall not disseminate any illegal, harassing, slanderous,
abusive, threatening, harmful, vulgar or obscene information. Users shall not
transmit any information that abets criminal behaviour; encourages domestic
disadvantage and national security, or violates local laws, national laws and
international legal standards. Illegal or non-authorized access to other
computer systems is prohibited. If the user's behaviour is inconsistent with
the aforementioned service clause, Fyrooms may terminate the service account
immediately in its sole discretion. Users shall assume the legal responsibility
for their own behaviour when using membership services. If the user spreads and
propagates reactionary, pornographic or other information that violates
national laws, the information received by membership service system may be
disclosed and used as the evidence of the user's violations.
The user or Fyrooms may at any time terminate online
service. Fyrooms shall not be held responsible for any individual or third
party due to terminating service at any time. If the user objects to any
service clause, objects to any modified terms, or is dissatisfied with the
Fyrooms membership service, he/she shall take the following procedures :
(1) Cease to use Fyrooms's services.
(2) Terminate Fyrooms membership and
(3) Inform Fyrooms to cease providing services to such
member.
At the time of termination of membership services, the
user's rights of using Fyrooms membership will also be terminated, after which,
Fyrooms will discharged of any and all obligations and liabilities, if any, to
the user.
In addition to the
cost of booking as charged by the Service Providers, FYROOMS reserves the right
to charge certain fees in the nature of convenience fees or service fees.
FYROOMS further reserves the right to alter any and all fees from time to time.
Any such additional fees, including fee towards any modifications thereof, will
be displayed to the User before confirming the booking or collecting the
payment from such User.
In cases of short
charging of the booking amount, taxes, statutory fee, convenience fee etc.,
owing to any technical error or other reason, FYROOMS shall reserve the right
to deduct, charge or claim the balance amount from the User and the User shall
pay such balance amount to FYROOMS. In cases where the short charge is claimed
prior to the utilization of the booking, FYROOMS will be at liberty to cancel
such bookings if the amount is not paid before the utilization date.
Any increase in
the price charged by FYROOMS on account of change in rate of taxes or
imposition of new taxes, levies by Government shall have to be borne by the
User. Such imposition of taxes, levies may be without prior notice and could
also be retrospective but will always be as per applicable law.
In the rare
circumstance of a booking not getting confirmed for any reason whatsoever,
FYROOMS will process the refund of the booking amount paid by the User and
intimate the User about the same. FYROOMS is not under any obligation to
provide an alternate booking in lieu of or to compensate or replace the
unconfirmed booking. All subsequent bookings will be treated as new
transactions. Any applicable refund will be processed as per the defined
policies of the service provider and FYROOMS as the case may be.
The User shall be
completely responsible for all charges, fees, duties, taxes, and assessments
arising out of the use of the service, as per the applicable laws
The User agrees
and understands that all payments shall only be made to bank accounts of
FYROOMS. FYROOMS or its agents, representatives or employees shall never ask a
customer to transfer money to any private account or to an account not held in
the name of FYROOMS. The User agrees that if that user transfers any amount
against any booking or transaction to any bank account that is not legitimately
held by FYROOMS or to any personal account of any person, FYROOMS shall not be
held liable for the same. User shall not hold any right to recover from FYROOMS
any amount which is transferred by the User to any third party.
The User will not
share his personal sensitive information like credit/debit card number, CVV,
OTP, card expiry date, user IDs, passwords etc. with any person including the
agents, employees or representatives of FYROOMS. The User shall immediately
inform FYROOMS if such details are demanded by any of its agents' employees or
representatives. FYROOMS shall not be liable for any loss that the User incurs
for sharing the aforesaid details.
Refunds, if any,
on cancelled bookings will always be processed to the respective account or the
banking instrument (credit card, wallet etc.) from which payment was made for
that booking.
Booking(s) made by
the User through FYROOMS are subject to the applicable cancellation policy as
set out on the booking page or as communicated to the customers in writing.
Unless explicitly
provided by FYROOMS in any specific service or deliverable, obtaining
sufficient insurance coverage is the obligation of the User. In no case FYROOMS
shall accept any claims arising out of such scenarios.
Insurance, if any
provided as a part of the service or product by FYROOMS shall be as per the
terms and conditions of the third-party insurance company. FYROOMS merely acts
as a facilitator in connecting the User with insurance company. The User shall
contact the insurance company directly for any claims or disputes. FYROOMS
shall not be held liable in case of partial acceptance or denial of the claims
by the insurance company.
The RBI mandates
collection of PAN details for all transactions made under Liberalized
Remittance Scheme (LRS) which include any international booking made on the
Website or through Sales Channels. The User warrants and confirms that PAN
details of the User/traveller will be shared by the User on or before the cut-off
date prescribed by FYROOMS either at the time of booking or after the booking
is made. In case the traveller is a minor, FYROOMS will require PAN details of
the parent/guardian of such minor. The User further confirms that
non-compliance of this requirement may result in cancellation of the booking.
The User warrants
and confirms that the total amount of foreign exchange purchased or remitted
during the current financial year, through all sources in India (including the
current transaction) falls within the permissible limit prescribed by the RBI.
The User further confirms that foreign exchange, if any, purchased by User for
the purpose of international travel under the current booking will be utilized
for the purpose indicated above.
The User authorizes
FYROOMS to share User/traveller data with third party (is) for collecting or
verifying PAN details of User/traveller.
International
bookings made through FYROOMS are subject to the requirements of visa including
but not limited to transit visa, OK TO BOARD which are to be obtained by the
User as per the requirement of their travel bookings and the requirements of
the countries the User intends to visit or transit through.
FYROOMS is not
responsible for any issues, including inability to travel, arising out of such
visa requirements and is also not liable to refund any amount to the User for
being unable to utilize the booking due to absence or denial of visa,
irrespective whether or not the User has availed the services of FYROOMS for
the visa process too. Refund, if any, will be as per the applicable terms of booking
and cancellation policy.
There can be
exceptional circumstances where FYROOMS and / or the Service Providers may be
unable to honour the confirmed bookings due to various reasons like act of God,
labour unrest, insolvency, business exigencies, government decisions, terrorist
activity, any operational and technical issues, route and flight cancellations
etc. or any other reason beyond the control of FYROOMS. If FYROOMS has advance
knowledge of any such situations where dishonour of bookings may happen, it
will make its best efforts to provide similar alternative to the User or refund
the booking amount after deducting applicable service charges, if supported and
refunded by that respective service operators. The User agrees that FYROOMS
being merely a facilitator of the services and products booked, cannot be held
responsible for any such Force Majeure circumstance. The User has to contact
the Service Provider directly for any further resolutions and refunds.
The User agrees
that in the event of non-confirmation of booking due to any technical reasons
(like network downtime, disconnection with third party platforms such as
payment gateways, banks etc.) or any other similar failures, FYROOMS's
obligation shall be limited refunding the booking amount, if any, received from
the customer. Such refund shall completely discharge FYROOMS from all
liabilities with respect to that transaction. Additional liabilities, if any,
shall be borne by the User.
In no event shall
FYROOMS and be liable for any direct, indirect, punitive, incidental, special
or consequential damages, and any other damages like damages for loss of use,
data or profits, arising out of or in any way connected with the use or
performance of the Website or any other Sales Channel.
The Website may
contain links to third party websites. FYROOMS does not control such websites
and is not responsible for its contents. If a User accesses any third-party
website, the same shall be done entirely at the User's risk and FYROOMS shall
assume no liability for the same.
FYROOMS is not
responsible for any errors, omissions or representations on any of its pages,
links or any linked website pages to the extent such information is updated or
provided directly by the Service Providers or the advertisers.
FYROOMS does not
endorse any advertisers on its Website, or any linked sites in any manner. The
Users are requested to verify the accuracy of all information provided on the
third-party web pages.
The linked sites
are not under the control of FYROOMS and hence FYROOMS is not responsible for
the contents of any linked site(s) or any further links on such site(s), or any
changes or updates to such sites. FYROOMS is providing these links to the Users
only as a convenience.
Fake calls and other similar phishing,
spamming or fraudulent activities
FYROOMS's
employees or authorized representatives will never contact a User asking for
his/ her credit or debit card number, expiry date, CVV, net banking login,
passwords, OTP etc. nor will they ever request for a fund transfer to a
personal or an individual bank account. Further, they will also not ask a User
to install any third-party applications that enable them to view a User's
mobile or computer screen. Acting on any of these requests may make you a
victim of fraud, and may potentially lead to loss of your valuable money or
information. If you are ever asked for any of the aforesaid information, please
report it immediately on fraudcontrol@Fyrooms.com.
The User agrees to
indemnify, defend and hold harmless FYROOMS, its affiliates and their
respective officers, directors, lawful successors and assigns from and against
any and all losses, liabilities, claims, damages, costs and expenses (including
legal fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred by such indemnified persons, that arise out
of, result from, or may be payable by virtue of, any breach of any
representation or warranty provided by the User, or non-performance of any
covenant by the User.
The User shall be
solely liable for any breach of any country specific rules and regulations or
general code of conduct and FYROOMS cannot be held responsible for the same.
Severability: If any provision of this User Agreement
is determined to be invalid or unenforceable in whole or in part, such
invalidity or unenforceability shall attach only to such provision or part of
such provision and the remaining part of such provision and all other
provisions of this User Agreement shall continue to be in full force and
effect.
Jurisdiction: This
Agreement is subject to interpretation as per the laws of India, and the
parties shall refer any unresolved disputes to the exclusive jurisdiction of courts
in Delhi.
AMENDMENT TO THE
USER AGREEMENT: FYROOMS reserves the right to change the User Agreement from
time to time. The User is responsible for regularly reviewing the User
Agreement.
Confidentiality: Any information
which is specifically mentioned by FYROOMS as confidential shall be maintained
confidentially by the User and shall not be disclosed unless as required by law
or to serve the purpose of this User Agreement and the obligations of both the
parties herein.
Feedback from customer: FYROOMS would like to know the
feedback of the Users for improving its services. The User hereby authorizes
FYROOMS to contact the User for their feedback on various services offered by
FYROOMS. Such feedback may be collected through emails, telephone calls, SMS or
any other medium from time to time. In case the User chooses not to be
contacted, such User shall write to FYROOMS for specific exclusion at privacy@Fyrooms.com.
Privacy policy: User
shall also refer to FYROOMS's Privacy Policy available on FYROOMS's website
which governs use of the Websites. By using the Website, User agrees to the
terms of the Privacy Policy and accordingly consents to the use of the User’s
personal information by FYROOMS and its affiliates in accordance with the terms
of the Privacy Policy.
