AGREEMENT BETWEEN CUSTOMER AND FYROOMS
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.
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.
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 email@example.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.
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 firstname.lastname@example.org. 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
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.
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 email@example.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.
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.