1. INTRODUCTION

1.1. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

1.2. These terms and conditions (“Terms of Use” or “ToU”) in addition to any Supplementary Terms for any specific service including all other notices, disclaimers, policies. Guidelines, code of conduct appearing on the Platform from time to time governs your access and use of user interface channelsincludingflyindia.club, member.flyindia.club, website, mobile site and mobile app (collectively referred herein as “Platform”) and services offered by FlyIndia.Club.

1.3. This ToU was last updated on April 15, 2023 and governs your access and use of Website as defined below.

1.4. The Platform is owned by STEPWAY (OPC) PVT LTD.-“FlyIndia.Club”, a company incorporated under The Companies Act, 2013 and having its registered office at 2F-CS-24, SECTOR-1, ANSAL PLAZA MALL, VAISHALI, GHAZIABAD-201012.

1.5. FlyIndia.Club offers through the Platform - We are a company which provides an integrated Flights services to the consumers. Our Flight Services are designed for you and your family’s Travel needs. The Flight Card provides its members with exclusive offers & benefits like Unlimited Domestic Flights.

1.6. Before using the Platform or procuring the services of FlyIndia.Club, the Users shall compulsorily read and understand this ToU and by accessing or transacting on the Platform shall be deemed to have accepted this ToU as a binding document that governs User’s dealings and transactions with FlyIndia.Club. If you do not agree to abide by these ToU, please do not visit, transact, review or refer this Platform.

1.7. User shall also refer to FlyIndia.Club’s Privacy Policy available on this Platform which governs use of User’s Information as defined therein. By using the Platform, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information as per the terms of the Privacy Policy.

1.8. All rights and liabilities of the FlyIndia.Club and User with respect to any services facilitated by FlyIndia.Club shall be restricted to the scope of this ToU, Privacy Policy, Supplementary Terms, notices, disclaimers, policies, guidelines, code of conduct as applicable.

1.9. We reserve the right, at our sole discretion to modify, amend or alter this ToU at any time without notice to you. You are responsible for regularly visiting the Website to be updated with the latest amendments.

2. APPLICABILITY

2.1. For the purposes of this ToU wherever the context so requires, User shall mean any natural or legal person who avail, purchases or inquire about any services made available through the Platform.


2.2. For the purpose of this ToU, wherever the context so requires “you/You” or “your/Your” shall mean User and the term “we/We”, “us/Us”, or “our/Our” shall mean Fly India Club.

2.3. Both User and Fly India Club are individually referred to as “Party” and collectively referred to as “Parties” to this ToU.

2.4. Some of the services may be subject to additional terms. Your use of those services may be subject to any additional terms (“Supplementary Terms”) which are incorporated into this ToU by reference. In the event of an inconsistency between these ToU and Supplementary Terms, the provisions of the Supplementary Terms shall control to the extent of conflict. The User should refer to the relevant Supplementary Terms applicable for the given services as availed by the User.

3. ELIGIBILITY

3.1. User must be eligible to enter into legally binding contract as per the Indian Contract Act, 1872 and to transact directly with Fly India Club and its Platform.


3.2. If you are a minor below the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. Any violation will entitle FlyIndia.Club to decline/deregister/delete/cancel/suspend such registration or accounts. HOWEVER, ANY USER BELOW THE AGE OF 18 YEARS MAY ACCESS OR AVAIL MEMBERSHIP ONLY WITH PERMISSION AND UNDER GUIDANCE OF A PARENT OR GUARDIAN. FLYINDIA.CLUB RESERVES THE RIGHT TO PROVIDE LIMITED SERVICES TO THE USERS BELOW THE AGE OF 18 YEARS.

4. REGISTRATION AND USER ACCOUNT

4.1. In order to access the Platform, you must register yourself with us by creating an account by entering email ID or User’s mobile number also and a password to create and access User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the User account as well as for all activities on the User’s account. You agree to notify us of any unauthorized use of your passwords or accounts or any other breach of security. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

4.2. You agree to provide to us true, accurate, up-to-date and complete information including any other details we require obtaining from you for the purposes of providing you services. In the event of any information provided by you if found to be untrue, incomplete or inaccurate of false, FlyIndia.Club reserves the right to suspend or terminate your account or refuse your access to the Platform.

4.3. If any User accesses the Platform without registration, his/her access will be governed by the Privacy Policy; however, as an unregistered User you will have limited access to the Platform.

4.4. Any use, collection, storage or sharing of User’s information shall be as per our Privacy Policy and we require you to review our Privacy Policy along with this ToU before you start accessing the Platform.

5. SERVICES AND MEMBERSHIP

5.1. FlyIndia.Club offers One-way Package and Round-Trip Package(Collectively referred as “Packages”) through the Platform. Packages enable Users to book flights for different destinations all across India, however FlyIndia.Club reserves the right to limit the destinations and routes for booking flights through these packages. For more details on the list of destinations available, please click on the link www.flyindia.club .

5.2. FlyIndia.Clubmembership will be valid for a period of 1 (One) year from the date of purchase of Packages.User acknowledges that Fly India Club membership cannot be changed or upgraded once purchased by any User.

5.3. The annual membership fee for One-way Package will be INR 25,000 (Twenty-Five Thousand Only) plus GST and the annual membership for Round-Trip Package will be INR 50,000 (Fifty Thousand Only) plus GST. EMI facilities are currently not available. FlyIndia.Club provides various modes of making payments on the Platform for transacting such as UPI, Credit/Debit Cards, Net Banking facility and more.

5.4. FlyIndia.Club reserves the right to amend the annual membership fee of Packages.

5.5. All payment shall be made through our Platform. Receipt of the payment and booking form shall be provided to you in electronic mode by FlyIndia.Club. FlyIndia.Club reserves the right to refuse a booking without giving any reason.

5.6. The membership Packages are non-transferable and for a single user.User acknowledge that each booking form shall be treated and processed as an individual request and the same cannot be clubbed together in any manner.

5.7. You are required to make a request to FlyIndia.Club for booking of tickets through these Packages 15 (Fifteen) days prior to the date of departure. You are also required to provide at least 2 (Two) dates for making the booking request and 1 preferred location. You shall check carefully the booking details. FlyIndia.Club reserves the right to book the flights from any of the airline facilities available in India. You agree and acknowledge that any specific request for a particular airline service shall not be entertained. All the flight bookings will be in an economic class at any time of the date of travel. Your request for booking the flights at a particular time will not be entertained by us.

5.8. The booking form cannot be sold, redeemed for cash, gifted or transferred. There is no cash alternatives for the services provided by Fly India Club.

5.9. All the flight bookings shall be restricted for 2 (two) days prior to and 2 (two) days afterwards of National Holidays and festivals.

5.10. In case of cancellation of flight tickets after making the request for booking, the User shall send the request for cancellation within 48 hours of making the request for booking of the flight. However, request for change of destination or request for return after booking of flight tickets shall not be entertained.

5.11. The request for booking of round trip shall be made with a gap of 3 minimum days in departure date and the arrival date; and arrival and destination shall be same. User shall ensure that there shall be a gap of 10 days between the preferred date 1 and preferred date 2 for booking flights.

5.12. You hereby understand that after availing the benefits of membership and boarding the flight as per your request, you are required to upload the boarding pass before making any subsequent request for booking flight tickets. In case of failure to upload the boarding pass, you shall not be able to book the next ticket through us and also the FlyIndia.Club account shall be suspended for the period of 45 days and on second time failure of uploading the boarding pass shall result into permanent deletion of your FlyIndia.Club account.

5.13. The User will receive the flight tickets after booking via email ID, Whatspp, SMS or Fly India Club account before a week from the date of departure.

5.14. Fly India Club reserves the right to refuse to redeem the booking request by the User, at its sole discretion, if request is made by any other individual or violation of any terms and conditions of this ToU.

5.15. Fly India Club shall use its best endeavour to complete the booking request made by the User on the selected date and location.

5.16. You agree and acknowledge that for providing you with the services including Refer and Earn (add the link for Refer and Earn), Fly India Club may undertake due diligence measures and seek information required for Know-Your-Customer (“KYC”) purpose. You are solely responsible for understanding and complying with all applicable laws including but not limited to the provisions of Payment and Settlement Act, Prevention of Money Laundering Act, Know Your Customer (KYC)/ Anti-Money Laundering (AML)/ Combating Financing of Terrorism (CFT) Guidelines issued by RBI or any other RBI Guidelines applicable as may be amended from time to time.

6. CANCELLATION AND REFUND

6.1. We offer easy cancellation and refund policy for the Packages. In case you have registered with us and paid for any of the membership program and wish to cancel it and claim refund the following terms will apply:

a. Users can raise a refund request within 3 days after making the purchase. Fly India Club will refund the membership fee paid by the User after deducting 10% of Package cost + applicable GST;

b. Any cancellation or refund request initiated any time after the period of 3 days shall be invalid and not acceptable;

c. Any refunds will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for the membership.

d. Refund under this ToU shall be processed within 15 days from the date of request.

e. For any request on refund of cancellation please write to us at [support@flyindia.club].

7. COMMUNICATIONS AND USER CONTENT

7.1. Our services may include communications related to services, confirmations, cancellations, payments, refunds, schedules or any other information relevant from us. You understand and agree that these communications are considered part of the services. You are required to provide valid phone/mobile number and email ID while registering on our Platform.

7.2. You consent to be contacted by us via phone calls, SMS or any other electronic mode of communication periodically and as and when required.

8. DO’S AND DON’T’S

8.1. Users are advised to check and verify the details of the membership, payment structure and other terms related thereto before making the payment for the membership available on the Platform.

8.2. User shall:

• a. Use Platform for legitimate purposes;
• b. Use Platform for single use only;
• c. Provide true, correct and up to date information; and
• d. Comply with applicable laws of India

8.3. While transacting on the Platform User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

• a. belongs to another person and to which the User does not have any right;
• b. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
• c. is harmful to child;
• d. infringes any patent, trademark, copyright or other proprietary rights;
• e. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• f. impersonates another person;
• g. 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 other nation;
• h. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
• i. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

8.4. Your use of the Platform is under our monitoring and in the event of any violation of this ToU including but not limited to the DOs and DON’Ts above, we may without notice revoke, suspend, deny and terminate your access to the Platform.

9. THIRD PARTY LINKS

9.1. Our Platform may contain links to third party websites and such websites are owned by respective parties. We have no control over such websites and are not responsible for any contents available there or use of such content by you. Any use of such website or interaction by you will be at your own risk, responsibility and liability and subject to the terms and conditions of each of those websites and FlyIndia.Club makes no representation or warranty with regard to such websites or information contained therein.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. You acknowledge that the term “FlyIndia.Club” or any other form of logo, design, trademark or trademark associated thereto or available on the Website is the exclusive property of FlyIndia.Club. This Platform is under copyright protection under applicable Copyright Act, 1986 of India. You shall not use our trade names, trademarks, service marks, logos or designs, or any other mark which is our proprietary or claim any title thereto.

10.2. The content or all other intellectual property underlying in our Platform is the sole and exclusive property of FlyIndia.Club, its directors, officers, affiliates, employees, subsidiaries or the third party as the case may be. You agree not to copy, modify, lease, sell, assign, distribute, reverse engineer, grant interest in or otherwise transfer any right in any intellectual property of FlyIndia.Club, its directors, officers, affiliates, employees, subsidiaries or the third party.

11. DISCLAIMER

11.1. We do not warrant that our Platform will function uninterrupted or error free. In addition, we do make any warranty as to the content on our Platform. The contents on the Platform are on an “as is, as available” basis.

11.2. Any content accessed, downloaded or otherwise obtained through our Platform is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from such actions.

11.3. FlyIndia.Club reserves the right to change the features or functionality of the Platform or services being provided at any time, in its sole discretion, without any prior notice to User.

12. INDEMNITY

12.1. The User expressly agrees to defend, hold harmless and keep indemnified Fly India Club its affiliates, subsidiaries and their respective officers, directors, employees, representatives, agents, lawful successors and assigns (“Indemnified Party”) at all times and make good any loss, damage, costs and expenses (including legal fees) that arises, or is suffered or incurred by Indemnified Party due to acts or omissions of the User, including any breach of any representation or warranty provided by the User under this ToU, or non-performance of any covenants under this ToU, including negligence, violation of applicable laws, or any third party claim of infringement or misappropriation of intellectual property rights.

13. LIMITATION OF LIABILITY

13.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TOU, IN NO EVENT WILL FLY INDIA CLUB, ITS SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR PARTNERS BE LAIBLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE OUR PLATFORM, RELIANCE ON THE INFORMATION OBTAINED FROM THE PLATFORM WHETHER YOUR CLAIM IS BASED ON CONTRACT, TORT OR STATUTORY OR OTHER LAWS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. TERM AND TERMINATION

14.1. The term of this ToU along with Supplementary Terms, policies, guidelines or any other terms applicable to you for availing our services shall continue to apply until terminated by you or us as set forth below.

14.2. User may terminate this ToU with Fly India Club, by (a) not accessing the Platform; or (b) writing for termination to us at support@flyindia.club.

14.3. Fly India Club in addition to other remedies available under this ToU and applicable laws, may limit/restrict/decline User’s access to the services on our Platform or suspend/ terminate/ discontinue/deactivate or delete User’s account in its sole discretion at any time without giving prior notice or incurring any liability if:

• a. Userfound to be in breach of this ToU or any Supplementary terms or policies as applicable from time to time;
• b. User has misrepresented facts or information or found to have furnished wrong/incorrect details;
• c. User conduct is in violation of applicable laws of India;
• d. Any misconduct has been reported against the User;
• e. User has indulged in actions which may infringe third party rights; or
• f. Fly India Club receives any order, notice from any judicial, quasi-judicial, administrative, regulatory, investigative body to suspend or terminate User’s account.

14.4. User shall not be entitled to any refund for any amounts already paid in the event of any termination, suspension, discontinuation or deactivation of the account.

15. MISCELLANEOUS

15.1. This ToU and/or any other policies as applicable to any services offered by Fly India Club constitutes the entire agreement between you and Fly India Club with respect to your use of Website.

15.2. Terms of this ToU and/or any other policies as applicable that, by their nature and content, are intended to survive the completion, rescission, termination or expiration of this ToU, shall so survive and continue to bind the Parties for the maximum period of time permitted under applicable law.

15.3. Nothing in this Agreement shall be construed as to create the relationship of employer-employee, partners, collaborators, joint-venture or principal-agent between the parties hereto.

15.4. Any notice or communication may be sent by the User by writing to us at [support@flyindia.club] or send by post at our registered office:

[2F-CS-24, SECTOR-1, ANSAL PLAZA, VAISHALI, GHAZIABAD, U.P.-201010]

15.5. In the event of any circumstances or situations beyond our reasonable control including act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, or any other reason which limits our ability to service you (“collectively Force Majeure”), Fly India Club may suspend, limit or terminate your access to the Website with written notice sent to your email ID and Fly India Club will take all reasonable measures to mitigate any delay caused to you and Fly India Club cannot be held responsible for any such Force Majeure circumstance.

15.6. If any provision of this ToU 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 ToU shall continue to be in full force and effect.

15.7. Fly India Club may also incorporate any feedback or suggestion shared by Users; User acknowledge that Fly India Club is not responsible to give any credit to the User for such changes neither any intellectual property of the User shall be recognized herein.

15.8. Failure or delay on part of either Party to enforce any provision(s) of this ToU at any point of time shall not be construed to be a waiver by such Party of such rights thereafter to enforce each and every provision of this Agreement.

15.9. Fly India Club may assign or transfer its rights, obligations, benefits, either in whole or in part, without the prior written consent or intimation to the User. User is not entitled to transfer or assign his/her rights, obligations or benefits under this ToU or any supplementary agreement or policies governing User’s relationship with us.

15.10. Your use of the Platform is governed by laws of India and any dispute is subject to exclusive jurisdiction of courts of New Delhi.

16. CONCERNS AND FEEDBACK

16.1. For any concerns or feedback please write to us at [flyindiafeedback@gmail.com]. We will promptly look into your concerns and resolve within prescribed time limit under applicable laws.

17. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer is specified below:

Name: [SUSHANT KUMAR]

Address: [2F-CS-24, SECTOR-1, ANSAL PLAZA, VAISHALI, GHAZIABAD, U.P.-201010]

Contact Number: [9643408003]

Email ID: [SUPPORT@FLYINDIA.CLUB]