Terms and Conditions of website usage
To continue to using this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Flomiz's relationship with you in relation to this website.
Note:- An automated password shall be mailed directly to the registered email id and mobile number. We Donot have rights to send or Show passwords to any other Email or mobile Number Holder, even From the same company.
The term "Flomiz", "Service", "us", "we" or "our" refers to the owner of the website. The term "you" refers to the user or viewer of our website. The use of this website is subject to accepting PayPal's terms and conditions, and in addition the use of this website is subject to the following terms of use:
1.3. Why this Privacy Policy
1.3.This Agreement is published in compliance of, and is governed by the provisions of Indian law, but not limited to: -
1.3.1.the Indian Contract Act, 1872;
1.3.2.the Information Technology Act, 2000;
1.3.3.the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("SPI Rules"); and
1.3.4.Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
1.4. Flomiz authorizes you to view and access the content available on the Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of content on the Website or any of the other Services ("Flomiz Content"), are the property of Flomiz and are protected under copyright, trademark and other applicable laws. You shall not modify the Flomiz Content or reproduce, display, publicly perform, distribute, or otherwise use the Flomiz Content in any way for any public or commercial purpose or for personal gain.
1.5. All rights and liabilities of the Flomiz with respect to any Services to be provided by Flomiz shall be restricted to the scope of this Agreement. In addition to this Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services, with whom you choose to transact with. It is hereby clarified that Flomiz shall not be held liable for any transaction between you and any such third party.
2. Use of Services
2.1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
2.2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. We do not provide any guarantee against loss of income through your use of this website.
2.4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
2.5. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
2.6. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
2.7. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
2.8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
3. Payment, Refunds, Upgrading and Downgrading Terms
3.1. Flomiz shall have the right to charge transaction fees based on certain completed transactions using the Services. These charges/fees may also be altered by Flomiz without any notice. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
3.2. Payment shall be made through the payment gateways authorized by Flomiz. You must adhere to the terms and conditions that are prescribed by payment gateways through which you choose to transact. Flomiz shall not be responsible for any damages incurred by you while transacting through these payment gateways.
3.3. In order to process the online payments, Flomiz may require details of your bank account, credit card number etc. Please check the Privacy Policy located at www.flomiz.com on how Flomiz uses such confidential information provided by you.
4. User Covenants.
4.1. As mandated by Regulation 3(2) of the IG Rules, Flomiz hereby informs you that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that: belongs to another person and to which you do not have any right; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates or defames another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
4.2. You are also prohibited from: violating or attempting to violate the integrity or security of the Website or any Flomiz Content; transmitting any information on or through the Website and Mobile Applications that is disruptive or competitive to the provision of Services by Flomiz; intentionally submitting on the Website any incomplete, false or inaccurate information; making any unsolicited communications to other users of the Services; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; copying or duplicating in any manner any of the Flomiz Content or other information available from the Website; and framing or hotlinking or deep linking any Flomiz Content.
4.3. Flomiz, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned in clause 4.2 above, shall be entitled to disable such information that is in contravention of clause 4.2, Flomiz shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
4.4. Flomiz may disclose or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit Flomiz to transfer sensitive personal data or information under the SPI Rules including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Flomiz as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Flomiz or any person on its behalf and the user or where you have consented to data transfer.
5. Third party information.
The Website may provide information regarding third party website(s), affiliates or business partners and/or contain links to their websites. Such information and links are provided solely for the purpose of your reference. Flomiz is not endorsing the material on the Website, is not responsible for such errors and representation nor is it associated with it and you shall access these websites at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download, whether from the Website, Mobile Applications, or other Services, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature.
6. Intellectual property rights.
All the intellectual property used on the Website by Flomiz, service providers or any third party shall remain the property of Flomiz, service provider or any other third party as the case may be. Except as provided in the Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Flomiz.
7. Unlawful or Prohibited Use.
You warrant to Flomiz that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of Flomiz's Services and any other related activities. You further warrant that you will not use this Website in any way prohibited by terms contained in this Agreement or under applicable law.
8. Liability
8.1. You hereby acknowledge and agree that Flomiz provides intermediary services and is not, and shall not be deemed to be a Supplier, and therefore may not be held responsible in any way for any lack or deficiency of services provided by any Suppliers you choose to engage or hire or appoint via the Services. Therefore, Flomiz is not liable for any errors, omissions, representations, warranties, breaches or negligence of any of the Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
8.2. Flomiz does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services.
8.3. Flomiz shall have no liability in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and shall have no responsibility for any additional expenses incurred by you in connection with the same.
8.4. Flomiz shall not be liable for any damages whatever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the inability to use or performance of the Website or any other Service. This shall extend to the loss suffered by you due to delay or inability to use or access the Website or the Mobile Applications.
8.5 Flomiz shall not be responsible or liable to you in any manner for any losses, damage, injuries or expenses incurred by you as a result of any disclosures made by Flomiz, where you have consented to the making of such disclosures. If you have revoked such consent under the terms of the Privacy Policy, then Flomiz shall not be responsible or liable in any manner to you for any losses, damage, injuries or expenses incurred as a result of any disclosures made by Flomiz prior to its actual receipt of such revocation.
8.6. Flomiz shall not be responsible to provide any updates on schedules, availability, cancellations, and modifications to the services provided by the Suppliers.
8.7. The maximum liability of Flomiz, in respect of any Services provided, shall be limited up to a maximum of INR 1,000 (Indian Rupees Thousand only).
9. Indemnity
You hereby agree to indemnify and hold harmless Flomiz, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of Services, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with Flomiz, and (iv) infringement of any intellectual property or other right of any person or entity. Flomiz will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
10. Severability
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
11. Term and Termination
11.1.This Agreement will remain in full force and effect while you use any Service in any form or capacity.
11.2. In the event Flomiz discovers or has reasons to believe at any time during or after receiving a request for Services from you that the request for Services is either unauthorized or there has been misrepresentation of facts, Flomiz shall have the right to take any steps against you, including cancellation of the bookings, forfeiture of payment etc. without providing you with prior intimation. Flomiz shall not be responsible for any damages causes as such a consequence.
11.3. Flomiz reserves the right to terminate its Services provided to you in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information the user submits to Flomiz.
11.4. Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.
12. Dispute Resolution and Governing Law
12.1. This Agreement and any contractual obligation between Flomiz and you will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Surat, Gujarat.
12.2. All disputes will be subject to arbitration at Surat in English by a single arbitrator appointed by Flomiz under the Arbitration and Conciliation Act, 1996.
13. Headings
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms of services or the right to use the Website by the User contained herein or any other section or pages of the Website in any manner whatsoever.
14. Notices
All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address.
Flomiz™ reserves the right to terminate your account at any time without notice or liability, if Flomiz™ determines that you have violated any of these terms and conditions. Flomiz™ reserves the right to modify these policies at any time.
By signing on the order booking form (as on the reverse side of this document) and / or by making or issuing payment for the service, you agree to all the terms and conditions above.