Welcome to Fyraway.
THIS PAGE EXPLAINS THE TERMS AND CONDITIONS BY WHICH YOU MAY USE OUR SERVICES.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY VISITING THE WEBSITE OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND BE A PARTY TO THE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS OF SERVICE, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. ACCESS TO THE WEBSITE AND USE OF SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS.
By accessing our websites, https://fyraway.com/ and/or https://fyraway.education (“Website”) you agree to be bound by the provisions of these Terms of Service. The domain name and Website is operated by TechTock Innovations Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at Yashila, No.101, 1st Main Koramangala, 8th Block, Opposite Bethany High School, Bangalore – 560095, Karnataka, India (hereinafter referred to as “Fyraway” or “us” or “our” or “Company”).
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of this document available on the Website. Fyraway may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Services post any modification of the Terms of Service shall be taken as your consent and acceptance to such modifications. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- These Terms of Service apply to all Users of the Service. The Service includes all aspects of Fyraway’s websites which includes but is not limited to products, software and services offered via the Fyraway websites, such as the Websites and any other website, service or application that Fyraway introduces from time to time.
- The term “Services” includes, without limitation, use of the Website, any service that the Company performs for a User and the Content (as defined below) offered by the Company on the Website. The Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
- You agree and acknowledge that Fyraway has no control over and assumes no responsibility for, the Content and/ or the user Content and by using the Service, you expressly relieve Fyraway from any and all liability arising from the Content and/ or the user Content.
- You agree and acknowledge that Fyraway shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, the Content, hours of availability and equipment needed for access or use. Further, Fyraway may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Fyraway reserves the right to refuse access to the Website, terminate Accounts, remove or edit contents without any notice to a User.
In order to access some of the features of the Service, you may have to create your account with us. You agree and confirm that you will never use another User’s account without express written permission from Fyraway and the said User. When creating your account, you confirm that the information so provided by you is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Fyraway immediately of any breach of security or unauthorized use of your account. At no point in time will Fyraway be liable for your losses caused by any unauthorized use of your account, and you shall solely be liable for the losses caused to Fyraway or others due to such unauthorized use, if any.
Fyraway takes no responsibility for any Content, on the Website, and further, the User shall be solely responsible for his or her own actions in utilizing such Content, and availing the Services provided herein.
- You agree not to distribute in any medium any part of the Service or the Content without Fyraway’s prior written authorization.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content of any other user through any technology or means other than the video playback pages and the technology made available on the Website and Service itself.
You agree not to use the Service or Content for any of the following commercial uses:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page or website that provide similar service as that of Fyraway.
- You agree to installs and updates from time to time from Fyraway. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Fyraway to deliver these to you) as part of your use of the Service.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Fyraway servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Fyraway grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fyraway reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Service with respect to Content.
- You undertake not to download or save or make any local copies of any Content or indulge in piracy of any kind in relation to the Content and the Services.
- You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give Fyraway limited, royalty free, worldwide, non-exclusive license to use the Content generated by a User, including reviews and testimonials and communication in developing its Service and in any of its marketing or promotional activities.
- In your use of the Service, you will at all times comply with all applicable laws and regulations.
- Fyraway reserves the right to discontinue any aspect of the Service at any time with or without notice at its sole discretion.
The Services and the Contents are intended solely for the personal, non-commercial use by Users and may only be used in accordance with the Terms of Service. All materials displayed or performed on the Website and Services (including, but not limited to text, graphics, articles, photographs, images, illustrations, videos, audio-visual material, generated by Fyraway or commissioned by Fyraway) (“Content”) are protected by copyright.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content:
- Content utilized in the Service which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics on the Service, are owned by or licensed to Fyraway and subject to copyright and other intellectual property rights under the law.
- All Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes other than as provided herein without the prior written consent of Fyraway. Fyraway reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content and/ or User Content from a variety of sources, and although Fyraway endeavours to, Fyraway is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content and/ or User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fyraway with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Fyraway, its owners, operators, shareholders, directors, officials, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. If you find any Content or User Content or Service, as inaccurate, offensive, indecent, or objectionable, you are immediately required to bring that to the notice of Fyraway.
Some areas of the Service/ Website allow Users to post content such as profile information, comments, questions, answers, course content and other content or information (any such materials a User submits, posts, displays, or otherwise makes available in whatever form, including but not limited to text, images, video, audio, or any other form, on the Service shall be deemed to be “User Content”). Access to these features may be subject to age restrictions. Fyraway claims no ownership rights over User Content created by Users. By sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance this Agreement. Fyraway has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service/ Website.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or communally or religiously or ethnically offensive, politically motivated or inflammatory, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Fyraway reserves the right, but is not obligated, to reject and/or remove any User Content that Fyraway believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it under applicable copyright laws.
For the purposes of the Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with any User Content, you affirm, represent and warrant the following:
- Your User Content and Fyraway’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Fyraway may exercise the rights to your User Content granted under the Terms of Service without liability for payment of any guild fees or payments.
- To the best of your knowledge, all your User Content you provide is truthful and accurate.
- You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and the Terms of Service, and each such person has released you from any liability that may arise in relation to such use.
Fyraway takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service/ Website. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Fyraway shall not be liable for any damages you allege to incur as a result of User Content.
You shall be solely responsible for any User Content and the consequences of submitting and publishing such User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you license to Fyraway all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms of Service for the duration the said Content is available on Fyraway’s Service platform.
By submitting any User Content to Fyraway, you hereby grant Fyraway a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the User Content in connection with the Service and Fyraway’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You further agree that the User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Fyraway all of the license rights granted herein.
Furthermore, you confirm that the User Content uploaded by you is not:
- False, inaccurate or misleading;
- Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Violate any law, statue, ordinance or regulation;
- defamatory, unlawfully threatening or unlawfully harassing;
- obscene or contain pornography.
- Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You understand and confirm that you shall not during your use of the Services at any time post or publish any content, comments or act in any way which will amount to harassment of any other User. If at any given point it comes to the notice of Fyraway that you are engaged in any kind of harassment of other Users, then in such a case you agree that Fyraway shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination, without any refund or compensation being made available to you. Fyraway also reserves the right in our sole discretion to initiate any legal proceedings against you in such cases.
Fyraway at its sole discretion may process any User Content uploaded by you to the Service to confirm if the same is in accordance with Fyraway’s internal quality requirements.
Fyraway does not endorse any User Content submitted to the Service by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Fyraway expressly disclaims any and all liability in connection with the User Content. Fyraway does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Fyraway will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. Fyraway reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Fyraway a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Fyraway’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, display, reproduce and perform such User Content solely as permitted through the functionality of the Service and under this Agreement.
Certain aspects of the Service may allow you to obtain certain reputational or status indicators (for example, points, coins and badges for completing courses and participating) (“Indicators”). You understand and agree that regardless of terminology used, Indicators represent a limited license right governed solely by the terms of the Terms of Service and available for distribution at Fyraway’s sole discretion. Indicators are not redeemable for any sum of money or monetary value from Fyraway at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Fyraway on Fyraway servers, including without limitation any data representing or embodying any or all of your Indicators. You agree that Fyraway has the absolute right to manage, regulate, control, modify and/or eliminate Indicators as it sees fit in its sole discretion, in any general or specific case, and that Fyraway will have no liability to you based on its exercise of such right. All data on Fyraway’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON FYRAWAY’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN FYRAWAY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. FYRAWAY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON FYRAWAY’S SERVERS.
Billing Policies. Certain aspects of the Service may be provided for a fee or other charge, as described on the Website. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Fyraway may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you or on the Website as provided in the Terms of Service.
Subscriptions and Purchases. A User may choose to utilise the Services or purchase any Content or courses by either subscribing to a subscription, wherein the User pays every month or year, as specified on the Website. Alternatively, the User may choose to purchase the Services or any part of it by paying a one time fee.
Purchases. A User may elect to purchase any Content or courses, (a) for which the User pays a one- time non-refundable fee (rather than any recurring subscription fees); (b) under which such User is allowed unlimited use of the selected and specified course Content provided that such unlimited use is only available to the specific User under the email address used at the time of such purchase and is not available otherwise; (c) the unlimited use described in subsection (b) above is valid only for the life of the relevant Services and Content (and not the lifetime of the User), and your right to unlimited use automatically terminates when the relevant Services is terminated or the Content is removed by Fyraway. On removal of any Content or discontinuation of any Service, no refund will be available to a User.
Exclusive Use. The course or subscription purchased on Fyraway is exclusive for the users enrolled and who have paid and subscribed to it. No user shall give any unauthorized access or distribute or reproduce the Content or give access to the Services to a third party. In the event that Fyraway becomes aware of any users are giving unauthorized access to any third party, Fyraway reserves the right to suspend or terminate the said User’s account.
Renewals. Fyraway subscriptions renew automatically using the payment details on file for your account. If you purchase a subscription, you acknowledge and agree that we are authorized to use the payment information on file for the monthly or annual renewal fee. Your subscription will automatically renew monthly or annually on the same day of the month or year, respectively, as the date you made your initial purchase or the date of first charging your card. You may cancel your subscription account at any time by emailing us. Within 7 business days, Fyraway will send you information regarding stopping future subscription charges from accruing to your account. In case your card expires or becomes invalid during a subscription period, Fyraway may send you a reminder of the same, but it shall be the User’s responsibility to furnish valid card details to ensure continuity of Service. In case payments are not received automatically in advance, Fyraway reserves the right to terminate or block access of Services to such User, at the sole discretion of Fyraway.
Free Trial. Fyraway may offer a free trial of the Services to Users, as specified on the Website from time to time. Any such free trial is at the sole discretion of Fyraway and Fyraway may decide to terminate or discontinue such free trial at any time, without any prior notice. On the expiry of the trial period, the User understands and acknowledges that Fyraway has the right to automatically begin the subscription and charge the card according to the details provided by the User. The user unconditionally authorises and allows Fyraway and its vendors (including payment gateways) to charge their card as per the Terms of Service. The User further understands and acknowledges that if the User accesses more than 50% of the content of any specific course or sub-course (and not 50% of the entire Content on the Website), then it shall be deemed that the User has consented to proceed with the subscription, and cancellations before expiry of trial period shall not be permitted in such circumstances. Provided that the User has accessed less than 50% of the Content of any specific course or sub-course, then the user shall be eligible to cancel his subscription before the expiry of the free trial period.
No Refunds. A User may cancel their Fyraway account at any time; however, no refunds are made available on cancellation. Fyraway may, at its sole discretion, offer partial or pro rata refunds for early suspension, termination, or cancellation of a paid program, where the pricing and payment terms for the specific program expressly state that such refunds are available in such scenarios and/or as required by law. In the event that you cancel your account or Fyraway suspends or terminates your account for your breach of the Terms of Service, you understand and agree that you shall receive no refund or exchange for any paid amount or for any accrued Indicators, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Risk of Loss. All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Fyraway. Title to products purchased on the Service, as well as the risk of loss for such products, passes to you when Fyraway or our supplier delivers these items to the carrier.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will be liable to pay any applicable taxes (including any payable GST), if any, relating to any such purchases, transactions or other monetary transaction interactions.
Fyraway cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Service, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, videos and computer code on the Website is owned and controlled by Fyraway and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Fyraway owns all IPR to and into the trademark ‘Fyraway’, and the Website.
The mark “Fyraway” is the sole property of Fyraway. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Fyraway.
When you visit the Website or send emails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Fyraway will terminate a user's access to the Service, if
- the user infringes copyright;
- the users breaches any terms of these Terms of Service.
- Violation of any applicable laws;
- Your use of the Service poses a reputation risk for Fyraway;
- your use of the Service disrupts our business operations or affects any other party/ User; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Fyraway.
- Fyraway reserves the sole right to decide whether a User violates these Terms of Service for any reasons as Fyraway may deem sufficient.
- Fyraway may at any time, without prior notice and in its sole discretion, remove or block such User and/or terminate a user's account for violation of the Terms of Service. In case of any termination by Fyraway of a user’s account, the User will not be eligible for any refund or compensation of any kind.
- Fyraway may suspend access to the Services or require a User to change their password if we reasonably believe that the Services have been or are likely to be misused, and we will notify you accordingly. Any termination of your registration and/or Account or the Services will not affect liability previously incurred by you.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FYRAWAY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, FYRAWAY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT ON FYRAWAY, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FYRAWAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FYRAWAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FYRAWAY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT AVAILABLE AT FYRAWAY, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, FYRAWAY LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT FYRAWAY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SERVICE IS CONTROLLED AND OFFERED BY FYRAWAY FROM ITS FACILITIES IN INDIA. FYRAWAY MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Fyraway, its parent corporation, shareholders, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please talk to your parents before using the Website.
Fyraway reserves the right to refuse access to use the Services offered at the Website to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them. You agree and acknowledge that your use of the Website and the Services is subject to the most current version of the Terms of Service made available on the Website at the time of such use.
Fyraway shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Certain laws in India prohibit and impose restriction on use of the Website and you are advised to make familiar with those laws and not to post any information or messages that are, or that may be construed, as being malicious, defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
Certain laws require to maintain data with respect to the services, Goods and other personal information in a prescribed format and Fyraway will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
The Terms of Service are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.
If any part of these Terms of Service is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Services shall be in writing to the registered office of Fyraway. We do not guarantee continuous, uninterrupted or secure access to our Service, and operation of the Service may be interfered with by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.