Privacy Policy
Master User Agreement: Acceptance of Terms
This Master User Agreement constitutes a binding contract between you, the User, and FlyEasyGo pvt Limited. with regard to the use of various services that are provided by FlyEasyGo pvt Limited.
- 1.1 FlyEasyGo pvt Limited (“FlyEasyGo”), a company incorporated under the laws , with its principal office at 159 Halsey drive Lynfield Auckland 1042, provides various travel related services through its Website (www.flyeasygo.com), mobile-cellular technology as well as through its call-center.
- 1.2 FlyEasyGo shall provide you (“User”) travel-related information, pricing, availability and reservations for airlines, hotels, railway, holiday packages, bus and car rentals across cities and rural areas throughout India (“Service/s or FlyEasyGo Services”). These Services may be availed by the User in New Zealand and India at any time during the year as is offered by various third party vendors like airlines, hotels, etc.("Service Providers").
- 1.3 This Master User Agreement(“Agreement”)is applicable to all FlyEasyGo Services. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant terms and conditions of service(“TOS”) for each such Service, which may be updated or modified by FlyEasyGo from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. Further, while availing the services from FlyEasyGo, the User agrees to be bound by the terms and conditions of the respective group entities/affiliates of FlyEasyGo including FlyEasyGo Online Pvt. Limited, FlyAgain Online Pvt limited who are providing the services to the User. In case of any conflict between the TOS hereof and those on the website/micro website of the respective entities, the TOS of the respective entities shall prevail.
- 1.4 FlyEasyGo Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail FlyEasyGo Services.
- 1.5 Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or house rules.
- 1.6 FlyEasyGo at its sole discretion reserves the right not to accept any order placed by the User through the Website without assigning any reason thereof. Any contract to provide any service by FlyEasyGo is not complete until full money towards the service is received from the User and accepted by FlyEasyGo.
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2. Modification of Terms
FlyEasyGo reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
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3. Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of FlyEasyGo. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.
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4. Limited User
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that FlyEasyGo Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.
- 4.2 The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the FlyEasyGo's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
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5. Disclaimer of Warranties/Limitation of Liability
- 5.1 FlyEasyGo has endeavored to ensure that all the information provided by it is correct, but FlyEasyGo neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. FlyEasyGo makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.
- 5.2 To the extent FlyEasyGo acts only as a booking agent and facilitator of Services on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the User as regards the standards and rendering of services by the service providers. In no circumstances shall FlyEasyGo be liable for the services provided by the service provider.
- 5.3 Although FlyEasyGo makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the Website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein.
- Also, FlyEasyGo is not the service provider and cannot therefore control or prevent changes in the published descriptions or representations, which are always based upon information provided by the service providers. FlyEasyGo acts only as a facilitator of Services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by Service Providers, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Service Providers. All refunds to User/customer on account of cancellation of any tickets/services or otherwise shall be made subject to receipt of such refunds by FlyEasyGo from the respective Service Provider including Airlines.
- 5.4 FlyEasyGo does not endorse any advertiser on its website in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
- 5.5 FlyEasyGo does not, by offering travel related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
- 5.6 In no event shall FlyEasyGo be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from FlyEasyGo.
- Neither shall FlyEasyGo be responsible for the delay or inability to use/avail the Website or Services, the provision of or failure to provide services by Service Provider, or for any information, software, products, services and related graphics obtained from FlyEasyGo, whether based on contract, tort, negligence, strict liability or otherwise. Further, FlyEasyGo shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond FlyEasyGo's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained from Website/FlyEasyGo is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.
- These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
- The maximum liability on part of FlyEasyGo arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of total amount received from the User/customer for providing the services less any cancellation, refund or others charges, as may be applicable. In no case FlyEasyGo shall be liable for any consequential loss, damage or additional expense whatsoever. In no event FlyEasyGo shall be liable for any kind of refunds/returns of charges/fee/fares paid to Service Provider for rendering the services to User/customer.
- 6. Links to Third Party Sites
- 6.1 The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FlyEasyGo or the Website and FlyEasyGo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FlyEasyGo is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. FlyEasyGo is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by FlyEasyGo or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
- 6.2 FlyEasyGo is not responsible for any errors, omissions or representations on any Linked Site. FlyEasyGo does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
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7. Prohibition Against Unlawful Use
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India and New Zealand or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
- 8. Use of Communication Services
- 8.1 The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another User of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
