Terms and Conditions
This document represents the legal Terms and Conditions (“Terms of Use”) governing your use of our website, [fytrips.com] (the “Website”) and any associated mobile applications, as owned and operated by Fytrips India Private Limited (hereinafter “Fytrips”, “we”, “us” or “our”).
Important: By accessing or using our Website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, please do not access or use our Website.
2. Definitions
Website: The online portal located at [fytrips.com] and any mobile applications associated with it.
Member: An individual who registers on our Website to access features and services.
Supplier: A Member representing a business that offers tours, activities, or travel-related services on our Website.
Customer: A Member or Visitor who purchases or books services offered by a Supplier.
Profile: The online collection of information provided by a Member about themselves or, in the case of a Supplier, about their business.
User: A collective term referring to any Visitor or Member of our Website.
Content: Any text, images, video, audio, graphics, or data available on our Website, including user-generated content (referred to as “Member Content”).
3. Limited License
Fytrips grants you a non-exclusive, non-transferable, revocable license to access and use our Website solely in accordance with these Terms of Use. Your use of our Website is for personal and non-commercial purposes unless otherwise expressly agreed upon by Fytrips.
4. Our Relationship to You
Fytrips provides a platform that connects Customers with Suppliers. Our relationship with you is that of an independent contractor. Nothing in these Terms creates an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Fytrips or any other party.
5. Legal Compliance
You agree to comply with all applicable local, national, and international laws in connection with your use of our Website. Fytrips reserves the right to investigate any complaints or violations of these Terms and take appropriate actions, including account suspension or termination, and the disclosure of necessary information to law enforcement or regulatory bodies as required.
6. Eligibility and Membership
Age Requirements: You must be at least 18 years of age to register as a Member. Individuals between 13 and 18 years of age may use our Website only with parental permission. Users under 13 are not permitted to access the Website.
Registration: Some features of the Website require registration. You agree to provide accurate, complete, and updated information during registration and to maintain the confidentiality of your password. You are responsible for all activities under your account.
Note: If you register as a Supplier, you represent and warrant that you are the legitimate owner or authorized representative of the business and that you have the authority to list your business on the Website.
7. Supplier Services and Sales
Supplier Information: Suppliers can upload details about their business, including but not limited to their address, contact information, hours of operation, and service descriptions. All such information must be accurate and up-to-date.
Transactions: The Website acts solely as a venue for Suppliers to offer their travel-related goods and services. Transactions between Customers and Suppliers are solely governed by the terms agreed upon by those parties. Fytrips does not act as an intermediary in these transactions.
Communication: Suppliers agree to communicate with Customers exclusively through the Website unless otherwise agreed upon by both parties. If a Supplier initiates communication outside of the Website, they must adhere to Customer requests regarding further correspondence.
8. Member Content
Ownership: You retain ownership of any content you upload to our Website (“Member Content”). However, by providing Member Content, you grant Fytrips a perpetual, irrevocable, royalty-free, worldwide license to use, display, and redistribute your content in connection with the Website and its services.
Content Standards: You agree not to upload or post any content that:
Violates any applicable law or regulation;
Infringes on the intellectual property or proprietary rights of any third party;
Is defamatory, abusive, hateful, or otherwise objectionable as determined by Fytrips in its sole discretion.
Removal of Content: Fytrips reserves the right to remove any Member Content that violates these Terms or is deemed inappropriate.
9. Intellectual Property
All content on the Website, including text, images, logos, graphics, and software, is protected by intellectual property laws. You agree not to copy, modify, distribute, or create derivative works from any part of the Website without express written permission from Fytrips or the respective rights holders.
Trademarks: All trademarks, service marks, logos, and trade names used on the Website are the property of Fytrips or their respective owners.
10. Linking to the Website
You may link to our Website provided that:
- You do not remove or obscure any copyright or proprietary notices.
- Your site does not engage in any illegal or immoral activities.
- You remove the link upon request by Fytrips.
11. Third-Party Links
Our Website may contain links to third-party websites (“Third-Party Websites”). These links are provided for your convenience only. Fytrips does not control, endorse, or assume any responsibility for the content or practices of these websites. Your use of any Third-Party Website is at your own risk.
12. Warranty Disclaimer
The Website is provided “as is” and “as available” without any warranties, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. Fytrips does not guarantee that:
- The Website will be available on an uninterrupted, secure, or error-free basis.
- The information provided on the Website is accurate, complete, or up-to-date.
- The information provided on the Website is accurate, complete, or up-to-date.
- You agree that your use of the Website is at your sole risk.
13. Limitation of Liability
To the fullest extent permitted by law, Fytrips and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your access to or use of the Website;
- Any errors or omissions in the Website’s content;
- Any interruption or cessation of transmission to or from the Website;
- Any bugs, viruses, or other harmful components that may infect your computer equipment or other property.
Fytrips’ total liability to you for any claims arising under these Terms, regardless of the cause or theory of recovery, shall be limited to the amount paid by you, if any, to access the Website.
14. Fees and Payment
Fees: If any fees are applicable for the use of certain features or services on our Website, you agree to pay the fees at the then-current prices displayed on the Website, including any applicable taxes.
Payment Information: You agree to provide true and complete credit card or other payment information, and authorize Fytrips to charge such payment method for any fees incurred.
Refunds and Cancellations: All purchases and reservations made through the Website are final and non-refundable unless otherwise provided. In case of cancellations or modifications, any refunds (if applicable) shall be at the sole discretion of Fytrips and the service supplier.
Note: Please review the specific refund and cancellation policies provided during your transaction process.
15. Use of Information
By using our Website, you consent to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy. Any suggestions, ideas, or other feedback you submit (“Submissions”) become the exclusive property of Fytrips. You grant us a perpetual, irrevocable, royalty-free, worldwide license to use such Submissions for any purpose.
16. Indemnification
You agree to indemnify, defend, and hold harmless Fytrips, its directors, employees, agents, affiliates, and suppliers from any claims, damages, liabilities, losses, or expenses (including legal fees) arising out of or related to your use of the Website, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.
17. Termination
Fytrips reserves the right to terminate or suspend your account and access to the Website at its sole discretion, without notice, for any reason, including if you violate these Terms. Upon termination, you lose all rights to use the Website, and any stored Member Content may be deleted. Fytrips is not obligated to provide any copies of your data upon termination.
18. Arbitration
Any dispute or claim arising out of or relating to these Terms or your use of the Website (excluding claims for injunctive relief or intellectual property disputes) shall be resolved exclusively by binding arbitration:
The arbitration shall be conducted in accordance with the rules of the Indian Council of Arbitration (ICA) or, if applicable, the Commercial Arbitration Rules of the American Arbitration Association, as determined by the nature of the transaction.
Arbitration shall be conducted on an individual basis and not as a class or consolidated proceeding.
Each party shall bear its own costs of arbitration unless otherwise determined by the arbitrator.
Notwithstanding the foregoing, either party may seek interim or preliminary relief in a court of competent jurisdiction to protect its rights pending the outcome of arbitration.
19. Promotions and Credits
Fytrips may, at its sole discretion, offer promotions or loyalty credits (e.g., Fytrips Credits) that can be earned through eligible purchases, referrals, or other activities. These promotions are governed by separate terms, and any abuse of such promotions may result in suspension or termination of your account. Fytrips Credits are non-refundable and cannot be exchanged for cash.
20. General Terms
Governing Law:
These Terms shall be governed by and construed in accordance with the laws of India. For transactions or services offered specifically through our Website, if applicable, Fytrips’ operations may be subject to the laws of other jurisdictions (e.g., Delaware, USA or Dubai, UAE). In such cases, the respective legal terms and jurisdictions shall apply.
Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
Amendments: Fytrips reserves the right to modify these Terms at any time. The most current version will be posted on our Website, and your continued use of the Website constitutes your acceptance of any changes.
Entire Agreement: These Terms, together with our Privacy Policy and any additional guidelines posted on the Website, constitute the entire agreement between you and Fytrips regarding your use of the Website.
21. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
Registered Office Address:
Fytrips India Private Limited
Address: 239 D.D.PARK FL-G-A SRINI, Dum Dum Park, Dum Dum Park, North 24 Parganas- 700055, West Bengal, India
CIN: U79120WB2024PTC274596
Email: reach@fytrips.com
Phone: 7603037690
