Agreement to Terms
This website “www.flyerswing.com” (collectively, this “Site”) is owned by [FLYERS WING INDIA] (“We”, “Us” or “[FLYERS WING INDIA]”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise/Products on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise/Products from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found at [https://flyerswing.com/privacy-policy/]. Please review our Privacy Policy for information on how We collect, use and share information about our users.
Account
When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
You will receive a password and account upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on Flyerswing.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. Flyerswing.com will not be liable for any credit card fraud.
Electronic Communication
When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Our Rights
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
- Change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
Copyright, Trademark, Content & Intellectual Property
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
We are committed to complying with copyright and related laws, and we require all users of our Websites to comply with these laws. Accordingly, you must not post or store any material or content on, or disseminate any material or content over, any Websites in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You must not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the intellectual property rights of others upon receipt of proper notification to us by the intellectual property rights owner or their legal agent.
Rules Of User Conduct
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
- Infringing the intellectual property rights of any third parties.
- Breaching any applicable laws, rules or regulations.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owne
Availability Of Website
Limitation of Liability
Your use of this Website is at your own risk. The Content and services provided on our Websites are provided “as is” without any representations or warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
FLYERS WING INDIA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FLYERS WING INDIA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.
Without prejudice to the forgoing, we do not warrant that:
a) Our Websites will be constantly available, or available at all; or
b) The information on our Websites is complete, true, accurate or non-misleading.
We will not be liable to you in any way or in relation to the Contents or services of, or use of, or otherwise in connection with, the Websites. We do not warrant that our Websites; information, Content, materials, product (including software) or services included on or otherwise made available to you through our Websites; their servers; or electronic communication sent from us are free of viruses or other harmful components. We do not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing any of our Websites, or your downloading of any information or materials from any of our Websites;
In no event will we or any of our respective officers, directors, employees, shareholders, associated entities, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of our Websites, any websites linked to our Websites, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities or damages, shall not exceed the amount you paid to purchase the product related to your claim of damages.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities or damages, shall not exceed the amount you paid to purchase the product related to your claim of damages.
Returns & Refund
- If you change your mind about any items purchased you can return them to us. For more information on Returns and Refund, please refer to our Return Policy
Delivery
You will be given various options for delivery of items during the order process. The options available to you will vary depending on where you are ordering from. An estimated delivery time is displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by e-mail and SMS. However, we will not be able to compensate for any mental agony caused due to delay in delivery.
Fees, Charges and Taxes
We ensure that all details of prices appearing on the website are accurate, however errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. The products available on the website are for retail sales, intended for end user consumption and is in no away available for resale.
Additionally, prices for items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched. The price of an item includes VAT (or similar sales tax) at the prevailing rate for which we are responsible as a seller. Please note that the prices listed on the website are only applicable for items purchased on the website and not through any other source.
All prices listed are in Indian Rupees (INR).
The prices listed on our Primary Website are, where applicable, inclusive of VAT/CST, service tax, Goods and Services Tax (GST), duties and cesses (as applicable) unless stated otherwise. If any additional charges or fees apply (such as delivery fees, duties and cesses, etc.), these will be clearly disclosed at the beginning of the online purchasing process.
Indemnification
The Customer hereby agrees to indemnify, defend, and hold harmless, FLYERS WING INDIA, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney’s fees) asserted by any third party as a result of user’s use of this web site. FLYERS WING INDIA has the right to control any defense pertaining to this section.
Severability
If any provision of these Terms and Conditions is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.
Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at [https://flyerswing.com/privacy-policy/], and any notices regarding the Site.
Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
Questions
Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: [Flyerswingindia@gmail.com].
Contact Us
Please send your feedback, comments, requests for technical support –
ByPhone: 0 7737 0 4979 0 (From 10.30 am to 06.00 pm),
By Email Id: Flyerswingindia@gmail.com