Terms and Conditions for Clayo Technologies Pvt. Ltd.
Last Updated: 25 Feb, 2021
These Terms shall govern the use of services and products provided by Flynote. This document is an electronic record in terms of 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 document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Platform which includes the Website www.flynote.com, the various services and the information and other materials contained therein are provided and operated by Clayo Technologies Pvt. Ltd. [CIN:U72900KA2016PTC098673], a company registered under the laws of India, having office at JRK Heights, 3rd Floor, 5th Main, 23rd Cross Rd, Sector 7, HSR Layout, Bengaluru, Karnataka 560102 (referred to as “we“, “us“, “our“ or “Flynote“).
Any person, who visits our Platform, inquires about or purchases any products or services of Flynote through our Website, mobile applications, sales persons, officers, call centers, agents, Travel Experts, or any of the other Sales Channels, agree to be governed by these Terms.
If you do not agree with any part of this Agreement, then you must not avail Flynote’s services and must not access or approach the Sales Channels of Flynote. All rights and liabilities of the User and Flynote with respect to any services or product facilitated by Flynote shall be restricted to the scope of this Terms.
Role Of Flynote
Flynote acts as a facilitator by connecting the User with the respective Service Providers like airlines, hotels, etc. We provide a platform for booking services and products. By making a booking, User understands the ultimate liability rests on the respective Service Provider and not Flynote. Thus the ultimate contract of service is between User and Service Provider.
The Terms grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this Terms. The User agrees not to interrupt or attempt to interrupt the operation of the Platform in any manner whatsoever.
The Platform is meant to be used by bonafide User for a lawful use.
Access to certain features of the Platform may only be available to registered User. While registering for our Platform, you will have to submit certain mandatory information. User represents and warrants that all information supplied to Flynote is true and accurate.
Our services are only for User who are at least 18 years of age and must be capable of contracting as per the Indian contract act. If you are below 18 years of age, please do not register for our Platform. You can ask a person of legal contracting age (legal guardian or parents) to use the Platform.
Except with the prior registration with Flynote as a 'Travel Expert' and the explicit permission of Flynote to use the Platform, all Travel Agent are barred from using our Platform for any commercial or resale purpose.
We reserve the right to block User access to the Platform if it is discovered that the User are a minor or incompetent to contract according to the law or any information pertaining to your age and other details entered at the time of creation of account is false or if we discover that you are a Travel Agent.
Flynote shall not be held liable for any incidental loss or damage that may arise from the bookings made by any such persons. The liability in case of such cancellations shall be solely borne by such Travel Agents.
Flynote will send the User electronic communication during the time you use our services.
The User hereby authorizes Flynote to contact them for updates on the services (booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User) or for feedback on various services offered by Flynote.
We may also contact the User for any pending or failed bookings, to know their preference for concluding the booking and also to assist the User with the same. We may also contact the User for sending marketing or promotional communication/messages, the User expressly consents for the same.
Such information, updates and feedback may be communicated through emails, telephone calls, SMS, Whatsapp or any other medium from time to time.
The consent under this section shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences. The User expressly agrees that such communication is 'transactional' and relevant to the user.
The User shall not write or send any content to Flynote which is, or communicate with Flynote using language or content which is:
abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar,
sexually explicit, pornographic, illicit or otherwise objectionable;
contrary to any applicable law;
violates third parties' intellectual property rights;
a spam; or
in breach of any other part of these Terms.
This Website is provided “as is,“ with all faults, and Clayo Technologies express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
All content provided on the Platform are registered by Flynote and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
User shall not distribute, exchange, modify, sell or transmit any Content from the Platform, for any business, commercial or public purpose. User may not use any proprietary logos, service marks, or trademarks which are displayed in our website in any manner. We are not granting the User a license, right or authority to utilize any Content, proprietary logos, service marks, or trademarks displayed in our website.
Any information which is specifically mentioned by Flynote 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 these Terms and the obligations of both the parties herein.
The Platform may contain links to third party websites. Flynote does not control such websites and is not responsible for its contents, or any changes or updates to such sites. If a User accesses any third-party website, it shall be done entirely at the User’s risk and Flynote shall assume no liability for the same.
Flynote does not endorse any advertisers on its Platform, or any linked sites in any manner. The User are requested to verify the accuracy of all information provided on the third-party web pages.
Flynote will always make its best endeavors to ensure that the content on its Platform is free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Platform or any other Sales Channel is done entirely at the User’s own discretion and risk. They will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
User is requested to report any content on the Platform which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is in violation of any applicable law (hereinafter referred to as “abusive content“). User shall not post or submit any abusive content on the Platform.
In case you notice any intellectual property rights infringement on the Platform, you may send us a written notice/ intimation to firstname.lastname@example.org
. On receiving such a report, Flynote reserves the right to investigate and/or take such action as we may deem appropriate.
User shall not distribute, exchange, modify, sell or transmit anything from the Platform, for any business, commercial or public purpose. This includes but is not limited to any text, images, audio and video from the Platform.
LIMITED LIABILITY OF Flynote
Flynote’s liability is limited to providing the User with a confirmed booking as selected by the User. However, even such confirmed booking may be cancelled by the Service provider.
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. Flynote will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.
With respect to the services provided by the Service Provider, please note that Flynote:
assumes no liability for the standard of their services
provides no guarantee with regard to their quality or fitness as represented.
doesn’t guarantee the availability of any services as listed by them.
Our services are provided on an “as is“ and “as available“ basis. Flynote may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice.
Flynote 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 Flynote or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
In any event, the maximum liability of Flynote in any circumstances is limited to the amount spent by the User for a particular booking.
Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in unison with the Terms.
If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable.
The User agrees 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 agrees that they will comply with all applicable laws and regulations of the concerned jurisdiction regarding use of the services for each transaction. The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and Flynote cannot be held responsible for the same.
User expressly undertakes to provide Flynote with correct and valid information while making use of the Platform under these Terms, and not to make any misrepresentation of facts. Flynote shall not be liable for any liability, loss or damages that shall arise due to misrepresentation of facts by the User. Any default on part of the User would disentitle the User from availing the services from Flynote.
Security and Account related information
While registering on the Platform, the User will have to choose a password to access their account. The User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account.
The User shall 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 Flynote. The User shall immediately inform Flynote if such details are demanded by any of its agents’ employees or representatives. Flynote shall not be liable for any loss that the User incurs for sharing the aforementioned details.
If the user shares their login details or shares the smartphone/tablet/laptop which has been logged into flynote with any third party and such third party avails a service provided by Flynote, then Flynote shall not be liable to refund or cancel such booking. The user takes full responsibility for all bookings made from their account.
It is the duty of the User to notify Flynote immediately in writing of any unauthorized use of their password or account or any other breach of security. Flynote will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time.
The 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. Flynote cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information too.
The data of the User as available with Flynote may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
If the User wants to report an issue regarding the account security, please send us an email at email@example.com
Fees and Payment
In addition to the cost of booking as charged by the Service Providers, Flynote reserves the right to charge certain fees in the nature of convenience fees or service fees. Flynote 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 them.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, Flynote shall reserve the right to deduct, charge or claim the balance amount from the User to be paid to Flynote. In cases where the short charge is claimed prior to the utilization of the booking, Flynote will be at liberty to cancel such bookings if the amount is not paid before the utilization date. The User shall be liable to pay cancellation fees in such cases.
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
Any increase in the price charged by Flynote 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.
Booking(s) made by the User through Flynote are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
Refunds, if any, on cancelled bookings will always be processed as per these Terms.
Flynote may provide at its sole discretion, the facility to transact through an online Flynote Wallet to its registered User. By choosing the option to maintain the Wallet with Flynote, you agree to comply with the following terms and conditions.
The cash equivalent balance available in the Wallet may be used by the User for availing services through the Flynote Platform only.
Any promotional cash credited by Flynote into the User's Wallet, will not be refundable into their bank account under any circumstances. On cancellation of a reservation of services provided by Flynote, any utilized promotional cash will be forfeited. This promotional cash has an expiry date beyond which it will not be available to the User and are thus advised to use the amount lying in the Wallet within its validity period.
The maximum amount of wallet promotional cash that may be used to avail services shall be mentioned in the service booking page in a case to case basis. Flynote reserves the right to modify such percentage at its sole discretion without any prior intimation. User is advised to read the booking offer carefully before proceeding.
The amounts lying in the Wallet are not transferable to any other Wallet of the same or different User.
The option of keeping the refund amount in Wallet is available only to resident Indians only. Also the amount lying in the Wallets are not available for transactions in foreign currency.
The value stored in the User's Wallet shall NOT be refunded under ANY circumstances and may only be utilized to make payments for bona fide Transactions. No interest will be payable by Flynote on the available balance reflected on the Wallet.
Flynote reserves the right to suspend/discontinue Wallet scheme to the User at any time, for any cause, including, but not limited to, any violation of the Terms and Conditions mentioned herein by the Wallet user or complying with any rules, regulations, orders, directions, notifications issued by any regulatory authority.
The present form and format of the Wallet, issued by Flynote to its Customers, is modelled on a closed system prepaid payment instrument.
Flynote charges a 2% fee amount for every transaction made through the payment gateway. Flynote also reserves the right to give the benefit to the users through discounts on their first transactions and this benefit is subject to change without notice.
Flynote reserves the right to cancel the bookings without any prior notice if the payments are not done in due time.
There can be circumstances where Flynote and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, pandemic, labor unrest, insolvency, business exigencies, government decisions,change in law, terrorist activity, any operational and technical issues, route etc. or any other reason beyond the control of Flynote, Flynote shall not be bear any liability towards such unhonoured bookings.
The User agrees that Flynote 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, Flynote’s obligation shall be limited refunding the booking amount (in cash or Wallet), if any, received from the customer. Such refund is dependent on Flynote receiving the refund from the Service Provider. Such refund shall completely discharge Flynote from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
Right to Refuse
Flynote at its sole discretion reserves the right to not accept any booking without assigning any reason thereof. Flynote has no obligation to provide any service until the entire consideration is received by us.
Once a User has been suspended or terminated, such User shall not register or attempt to register with Flynote with different credentials, or use the Platform in any manner whatsoever until such User is reinstated by Flynote. We are under any obligation to refund any amount received from such suspended users. Flynote may at any time in its sole discretion reinstate suspended User.
If a User breaches these Terms, Flynote reserves the right to recover any amounts due to be paid by the User to Flynote, and to take appropriate legal action as it deems necessary.
In addition to other remedies and recourse available to Flynote under this Terms or under applicable law, Flynote may limit the User's activity, warn other user of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Platform if:
The User is in breach of the Terms; or
Flynote is unable to verify or authenticate any information provided by the User; or
Flynote believes that the User's actions may infringe on any third-party rights, breach any applicable law or otherwise
result in any liability for the User, other user of Flynote, or Flynote itself.
Right to Cancel
If we discover or have reason to believe that at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travelers is not correct or that any fact has been misrepresented by that User, Flynote shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, Flynote shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.
In case Flynote discovers or has reasons to believe If any judicial, quasi-judicial, investigation agency, government authority approaches Flynote to cancel any booking, Flynote will cancel the same without approaching the concerned User whose booking has been cancelled.
The User shall not hold Flynote responsible for any loss or damage arising out of measures taken by Flynote for safeguarding its own interest or that of its genuine customers or due to government regulations. This would also include Flynote denying or cancelling any bookings on account of suspected fraud transactions.
The User agrees, upon demand, to indemnify Flynote (which includes its employees, agents and subcontractors), and keep the Flynote indemnified, from all claims, liabilities, losses, damages, injury, costs and expenses of whatever nature 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 will indemnify Flynote against all types of losses and damages incurred by Flynote 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 Flynote 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.
In no event shall Flynote 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 Platform or any other Sales Channel.
‘User’ means any legal person or entity who is accessing, visiting our Platform or makes any enquiry about our
services and to whom we are providing services.
‘Platform’ means all the various services provided by Flynote. Also referred to as “Website”.
‘Sales Channels’ means websites, mobile applications, sales persons, officers, call centers, agents, Travel Experts, etc.
‘Service Providers’ means third party websites and apps providing services like Airlines, hotels, cruise etc.
‘Travel Agents’ means travel agents, tour operators, consolidators or aggregators
‘Travel Expert’ means those individuals who are authorised by Flynote to use the Platform for commercial bookings
‘Content’ means All content provided through various Sales Channels and on the Platform including but not limited to
audio, images, software, text, icons and such similar content
‘Wallet’ means the Flynote Wallet as defined under these Terms
SEVERABILITY: If any part of these Terms is, or is found to be, unenforceable under a relevant law, that will not affect the enforceability of the rest of these Terms.
WAIVER: No waiver by Flynote of any breach of the Terms by User shall be considered as a waiver of any subsequent breach of the same or any other provision.
HEADING: The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
NO SIGNATURE.The User acknowledges and agrees that no signature or express act is required to make these Terms binding on the User. Continued use of Platform or of our services shall mean that you are accepting these Terms.
ENTIRE AGREEMENT: The Terms shall constitute the entire agreement between the Parties in relation to the subject matter of these Terms, and shall supersede all previous agreements, arrangements, credit notes and understandings between the Parties. If there is an inconsistency between Our communications, documents etc. and these provisions of these Terms shall prevail.
JURISDICTION: If the Parties to this Agreement are unable to amicably settle any dispute arising under this agreement or in connection with this agreement, the Parties shall mandatorily attempt to resolve such dispute by way of mediation through an online mediation platform. The parties may approach the courts only after attempting meditation through an online mediation platform. 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 Bangalore.
AMENDMENT TO THE TERMS: Flynote reserves the right to change the Terms from time to time. The User is responsible for regularly reviewing the Terms.