ACCEPTANCE OF TERMS
This is an agreement between you ("you" or "your") and FLIKEVE India Private limited, a company incorporated under the Companies Act 1956 with its registered office at Building 89, 1123, Hemkunt Chambers, Nehru Place, New Delhi 110019. The services offered by us include the Flikeve websites located at Flikeve.com or any sub domain of Flikeve.com(the "Flikeve Website"), and any other feature, content or applications offered from time to time by Flikeve in connection with the Flikeve Website whether accessed directly or through our application for mobile devices (collectively, the "Flikeve Services").
This User Agreement (this "Agreement") set forth the legally binding terms for your use of the Flikeve Services. By using the Flikeve Services, whether as a "Visitor" (meaning you simply browse the Flikeve website) or as a "User" (meaning you have registered with and/or submitted content to the Flikeve website either as an individual or as a company), you agree to be bound by this Agreement.
This User Agreement ("Agreement") sets out the terms and conditions on which Flikeve shall provide the Services to the User through the Website. 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 of Services (“TOS”) for such Services, which may be updated or modified by Flikeve 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.
Use of the Website is 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 use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS.
Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, deals, restaurant vouchers, Event passes, 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. In the event that any of the terms, conditions and notices contained in this Agreement or the TOS conflict with the additional/other terms and guidelines specified by the Service Provider, then the later terms/guidelines shall prevail.
MODIFICATION OF TERMS
Flikeve reserves the right to change the terms, conditions and the Site, under which the Services are offered through the Website without notice, including but not limited to the charges for the Services provided through the Website. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes. The User shall be responsible for regularly reviewing these terms and conditions.
Disclaimer of warranties/Limitation of liability
Flikeve has endeavored to ensure that all the information on the website is correct, but Flikeve neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Flikeve 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 the information contained in the website.
Since Flikeve acts only as a booking agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall Flikeve be liable for the services provided by the service provider.
Although Flikeve 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.
Flikeve 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.
In no event shall Flikeve 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 the use or performance of the website. Neither shall Flikeve be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.
Further, Flikeve shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Flikeve's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of 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 Flikeve arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
THIRD PARTY SITES OR RESOURCES
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Flikeve or the Website and Flikeve 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. Flikeve is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Flikeve is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Flikeve or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
Flikeve is not responsible for any errors, omissions or representations on any Linked Site and is not responsible or liable for:
The availability or accuracy of such websites or resources; or
The content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the Website, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Flikeve India (P) LTD. liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Flikeve as well as any other website and/ or domain owned, operated and controlled by Flikeve India (P) LTD. In addition Flikeve India (P) LTD. does not endorse, warrant or guarantee the products or services of any seller, lender or broker including any rates, points and loan programs posted by sellers, lenders or brokers.
PROMOTIONS & GIVEAWAYS
From time to time, Flikeve will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. Flikeve encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
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 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.
Flikeve reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
Without prejudice to the other remedies available to Flikeve under this agreement, the TOS or under applicable law, Flikeve may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
(a) the user is in breach of this agreement, the tos and/or the documents it incorporates by reference;
(b) Flikeve is unable to verify or authenticate any information provided by the user; or
(c) Flikeve believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Flikeve.
USER's OBLIGATION AND USER ACCOUNT
In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider?s charges which are to be exclusively borne by the User.
The user also understands that the services may include certain communications from Flikeve as service announcements and administrative messages. the user understands and agrees that the services are provided on an "as is" basis and that Flikeve does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Flikeve. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the Flikeve services. Flikeve will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Flikeve Services.
The user also agrees and undertakes to immediately notify Flikeve of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the website. Flikeve shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Flikeve has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Flikeve has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
Furthermore, the User grants Flikeve the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
TERMINATION OF AGREEMENT & SERVICES
Either the User or Flikeve may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
The User agrees that Flikeve may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
Either the User or Flikeve may terminate this Agreement through a written notice to the other. Flikeve shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Flikeve of such discontinuance.
Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and Flikeve shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
Flikeve reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Flikeve deems to be inappropriate:
Content that criticizes a business or individual beyond that of merely offering an opinion;
Content that harasses or advocates harassment of another person;
Content that exploits people in a sexual or violent manner;
Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
Content that includes racially, ethically, or otherwise objectionable language;
Content that is libelous, defamatory, or otherwise tortious language;
Content that solicits personal information from anyone under 18;
Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
Flikeve’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and Flikeve expressly reserves the right to investigate and take appropriate legal action against anyone who, in Flikeve’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Flikeve Services:
Copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or Flikeve Content appearing on or through the Flikeve Services;
Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Covering or obscuring the banner advertisements on your personal profile page, or any Flikeve page via HTML/CSS or any other means;
Any automated use of the system, such as using scripts to add friends or send comments or messages;
Interfering with, disrupting, or creating an undue burden on the Flikeve Services or the networks or services connected to the Flikeve Services;
Attempting to impersonate another User, person, or representative of Flikeve;
Using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
Selling or otherwise transferring your profile, without our permission;
Using any information obtained from the Flikeve Services in order to harass, abuse, or harm another person;
Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Flikeve Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
Using the Flikeve Services in a manner inconsistent with any and all applicable laws and regulations.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Flikeve or others (including without limitation Third Party Content or Flikeve Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Flikeve Services in a way that constitutes copyright infringement, please provide us with relevant proof and we ll be happy to take corrective action accordingly.
Flikeve accepts Visa, MasterCard, American Express, select Debit Cards and Net Banking. Other payment methods may be added from time to time.
Who You Are Buying From Flikeve acts as the platform from where you can book a vendor for your event, buy deals, list your company etc. When you purchase a ticket for an event, Flikeve will be handling the transaction and collecting payment for the organizer
Pricing and Availability Flikeve sells tickets on behalf of Event organizers/Companies and does not control the inventory or its availability and pricing.
Internet handling fees and Order Processing Fees
Deals or Passes purchased on Flikeve are subject to a per pass internet handling fee and a nonrefundable per order processing fee.
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the same from your booking history or with the Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. Flikeve will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Refunds and Exchanges
In case of Vendor Bookings, If at any time you are not satisfied with the quality of the services you have booked, you may register your complaint with Flikeve which will be forwarded to the respective supplier for its resolution or you can complain to the seller directly and may claim for a credit, replacement or refund. Further, you hereby confirm and agree that you will not have any right to claim or allege anything against Flikeve in respect of the products/services which are provided to you by the Seller.
In case of purchasing deal/subscription/passes, carefully review your booking details before purchasing. Flikeve will be unable to process exchanges or refunds after a deal/subscription has been purchased or for lost, stolen, damaged or destroyed passes.
Billing Information Verification
Some Orders will be processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a pass order that can delay processing and delivery. In these cases, Flikeve customer service will attempt to contact you, using the information provided at the time of purchase. If Flikeve is unable to reach you after its initial attempt, Flikeve may cancel your order and may sell your pass to another customer.
Flikeve offers multiple delivery options. The options may vary from for different events. Currently the following delivery options are available:
Email confirmation: Your booking confirmation will be sent via an email.
SMS confirmation: Your booking confirmation will be sent via an SMS. The SMS details need to be shown at the counter to get an entry
Flikeve may choose to send the physical tickets for the event. Delivery will be attempted twice before canceling your transaction.
Occasionally, events are canceled or postponed by the promoter. Should this occur, we will attempt to contact you and refund the amount as per the policy of the organizer.
Cancellation or modification of any Order made through Flikeve shall be strictly in accordance with the respective Seller’s cancellation policy, including with respect to refund. You may directly contact the respective Seller and/or Flikeve for processing any requests pertaining to cancellation or modification of Orders. The cancellation and modification request made by you to Flikeve customer support will be forwarded to respective Seller for the resolution.
Flikeve vouchers are issued by Flikeve and may only be redeemed through our website, www.Flikeve.com towards deals/subscriptions. Gift Vouchers cannot be redeemed directly at any other website operated by third-party merchants accessible from our site.
If the available amount on a Flikeve vouchers claim code is LESS than the transaction amount, the balance of the order must be paid with a valid credit card.
Flikeve is not responsible for lost or stolen Flikeve vouchers, except as required by law. In certain circumstances, Flikeve may replace or cancel lost or stolen Flikeve vouchers with proof of purchase acceptable to Flikeve.
Flikeve may change (add to, delete, or amend) these terms from time to time. Unless we state otherwise, the changes will apply to any new Flikeve vouchers that you purchase.
Flikeve vouchers are for personal, non-commercial use and enjoyment only. They may be shared with family and friends, but may not be advertised, sold or used as promotional items by the purchaser or anyone else without Flikeve´s prior written consent. Your purchase or use of Flikeve vouchers will be deemed your agreement to these terms.
Severability: If a court of competent jurisdiction holds any provision of the Terms invalid or unenforceable, the remaining provisions of the Terms shall be interpreted so as best to effect the intent of the parties and will be construed so as to be enforceable to the maximum extent permissible by law.
Applicable law: These Terms shall be governed by, interpreted and construed solely in accordance with the laws of India and the Courts of Delhi, India shall have the exclusive jurisdiction over all or any dispute, difference, breach or violation, arising out of or with respect to the Terms.
Dispute Resolution: Any dispute, difference, breach or violation, arising out of or with respect to the Terms shall be amicably resolved by and between the Parties within 7 (seven) days from the date of dispute by way of arbitration in Delhi, India, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modifications or reenactment thereof or any rules made thereof, before a sole arbitrator, who shall be appointed by Virtual Space InfoTech (P) Ltd. and whose award shall be final and binding. If, the initiation of arbitration by notice is not accomplished within 48 (forty eight) hours after the said 7 (seven) days period by you, OR, any notice for arbitration from us is not acknowledged by you, the dispute, difference, breach or violation, arising out of or with respect to the Terms shall be deemed to be resolved with no costs to be paid by us. The language of the arbitration shall be English. All matters relating to such arbitration shall be kept absolutely confidential at all times by you. When any dispute, difference, breach or violation, arising out of or with respect to the Terms is under arbitration, except for the matters under dispute, difference, breach or violation, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under the Terms.
Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.
In case of any grievance, query, complaint or information, please mail us at info@Flikeve.com