Term Of Use
Terms & Conditions
This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published 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 https://www.grabfly.com (“Website”)
Your use of GrabFly.com website (hereinafter referred to as the “Website”) and its related sites, services and tools is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of GrabFly and our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 00:00 hours India Standard Time 13th August, 2018 (“User Agreement”).
GrabFly.com and its partners/affiliates provide their services to you subject to the following conditions. If you visit or shop at GrabFly.com or any of its partner websites through GrabFly.com, you accept these conditions. Please read them carefully.
In addition, when you use any current or future GrabFly.com service or visit or purchase from any business affiliated with GrabFly.com, whether or not included in the GrabFly.com website, you also will be subject to the guidelines and conditions applicable to such service or business.
For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require ‘”you”, “your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “Company”, “Website”, “GrabFly” and “Platform” shall mean GrabFly.com and includes its associates, affiliates and subsidiary.
Privacy
Please review our Privacy Policy, which also governs your visit to GrabFly.com, to understand our practices
Acceptance of User Agreement/Terms of Use
The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by GrabFly at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Buy Now’ button while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at New Delhi. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the “check box ” and/or on the “continue” button and/or “Buy Now” button and do not seek to obtain access to or otherwise use the Website.
Electronic communications
When you visit GrabFly.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not purchase or bid for any items on the Website except through your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. GrabFly.com reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
Guest User: If you are transacting as a Guest User, there could be certain additional restrictions on you and you will not be eligible for points and all other benefits that are not assignable to a non-registered user.
Copyright
All material on our website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights and is the property of its rightful owners. Material on or website is solely for Your personal, non-commercial use and GrabFly does not claim any ownership of any content, logo etc. which might have been used therein. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other online market place or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
Site Access
You are allowed to visit GrabFly.com to enjoy the limited permission to access and make personal use of this site for buying a product/service and not to download or modify it, or any portion of it.
This permission does not authorise a person for any resale or commercial use of this site or its contents; any collection and use of any product/price listings/descriptions; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited electronically, digitally or by other means for any commercial purpose without express written consent of GrabFly.com.
You may not use any proprietary information (including images, text, page layout, or form) of GrabFly.com and our partners/affiliates without express written consent.
You may not use any meta tags or any other hidden text utilizing GrabFly.com name or trademarks without the express written consent of GrabFly.com.
Any unauthorized use terminates the limited permission granted by GrabFly.com to a visitor. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of GrabFly.com so long as the link does not portray GrabFly.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any GrabFly.com logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
GrabFly.com and its partners/affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion when users do not act responsibly according to the terms and guidelines of GrabFly.com
Reviews, comments, communications, and other content
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GrabFly.com reserves the right to remove or edit such content but does not regularly review posted content.
Visitors may post reviews, comments, and other content; send e-Gift Certificates and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
If you do post content or submit material, and unless we indicate otherwise, you grant GrabFly.com and its partners/ affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant GrabFly.com and its partners/affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GrabFly.com or its partners/affiliates for all claims resulting from content you supply. GrabFly.com has the right but not the obligation to monitor and edit or remove any activity or content.
GrabFly.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Product Descriptions
GrabFly.com and its partners/affiliates attempt to be as accurate as possible. However, GrabFly.com does not warrant that product’s description or other content of this site is accurate, complete, reliable, current, or error-free.
If a product listed by GrabFly.com itself is not as described, your sole remedy is to return it in unused condition to the website from where you bought it.
Disclaimer of Warranties and Liability
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through GrabFly are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, GrabFly does not warrant that: GrabFly will be constantly available, or available at all; or The information on the Website is complete, true, accurate or non-misleading.
Limitation of Liability
In no event shall GrabFly be liable for any special, incidental, indirect, or consequential damages of any kind in connection with the terms of use, even if GrabFly has been informed in advance of the possibility of such damages.
Governing Law
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Jalandhar shall have exclusive jurisdiction in respect of any matters arising here from.
Contact Us
Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website to info@grabfly.a2hosted.com.