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Terms and Conditions
“Carrybag”,
is a brand, of ‘Felixo Travel Gear Private Limited,’ a company incorporated
under the Companies Act, 1956 having its corporate office at 486/9L 6K F1 G 1
Kusumanjali, Bavada Rd, Kolhapur-416003 Maharashtra, India.
Website
www.carrybag.biz and its associated mobile apps are owned by FELIXO TRAVEL
GEAR PRIVATE LIMITED.
The
following are the terms and conditions under which you may access and use the www.carrybag.biz
website and its associated mobile
applications (apps) and other media for renting travel bags from Felixo Travel
Gear Pvt Ltd under the brand ‘Carrybag’
The
Company reserves the right, with or without notice, to change these Terms in
its sole and absolute discretion. The most current version of these Terms
supersedes all previous versions and can be viewed by clicking on the “Terms
and Conditions” link on the www.carrybag.biz website.
By
accessing or using any of the Services, you acknowledge that you have read,
understood and agreed to be bound by the following Terms and Conditions as
amended from time to time, and constitutes an agreement between you (registered
or signed up user of www.carrybag.biz
referred to as ‘you’ or ‘user’) and
‘Felixo Travel Gear Private Limited’, ‘The
Company’.
1.
Signup: For renting out any bag from www.carrybag.biz you need to
sign up on www.carrybag.biz
to create your account. If you use the website, you are responsible for
maintaining the confidentiality of your account and password and for restricting
access to your computer to prevent unauthorised access to your account. You
agree to accept responsibility for all activities that occur under your account
or password. You should take all necessary steps to ensure that the password is
kept confidential and secure and should inform us immediately if you have any
reason to believe that your password has become known to anyone else, or if the
password is being, or is likely to be, used in an unauthorised manner. Please
ensure that the details you provide us with are correct and complete and inform
us immediately of any changes to the information that you provided when
registering. You agree and acknowledge that you will use your account on the
website to rent products only for your personal use and not for business
purposes. Should you wish to order products for business purposes, you need to
write to support@carrybag.biz and can proceed only after permission is granted from the
support team. The Company reserves the right to refuse access to the website,
terminate accounts, remove or edit content at any time without notice to you.
2.
License to Use the Website: Subject to your
compliance with these Conditions of Use The Company grants you a limited
licence to access and make personal use of this website, but not to download
(other than page caching) or modify it, or any portion of it, except with
express written consent of The Company. This licence does not include any
resale or commercial use of this website or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of
this website or its contents; any downloading or copying of account information
for the benefit of another seller; or any use of data mining, robots, or
similar data gathering and extraction tools. This website or any portion of
this website (including but not limited to any copyrighted material,
trademarks, or other proprietary information) may not be reproduced, duplicated,
copied, sold, resold, visited, distributed or otherwise exploited for any
commercial purpose without express written consent The Company. You may not
frame or use framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of
Amazon.in and its affiliates without express written consent. You may not use
any meta tags or any other "hidden text" utilising The Company’s
names or trademarks without the express written consent The Company. Any
unauthorised use terminates the permission or license granted by The Company.
3.
Conduct: You must not use the website in any way that
causes, or is likely to cause, the website or access to it to be interrupted,
damaged or impaired in any way You understand that you, and not The Company,
are responsible for all electronic communications and content sent from your
computer to us and you must use the website for lawful purposes only. You must
not use the website for any of the following:
a.
for
fraudulent purposes, or in connection with a criminal offense or other unlawful
activity
b.
to
send, use or reuse any material that does not belong to you; or is illegal,
offensive (including but not limited to material that is sexually explicit
content or which promotes racism, bigotry, hatred or physical harm), deceptive,
misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous,
obscene, pornographic, pedophilic or menacing; ethnically objectionable,
disparaging or in breach of copyright, trademark, confidentiality, privacy or
any other proprietary information or right; or is otherwise injurious to third
parties; or relates to or promotes money laundering or gambling; or is harmful
to minors in any way; or impersonates another person; or threatens the unity,
integrity, security or sovereignty of India or friendly relations with foreign
States; or objectionable or otherwise unlawful in any manner whatsoever; or
which consists of or contains software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any "spam
c.
to
cause annoyance, inconvenience or needless anxiety.
4.
Communication: You represent and warrant that you own or
otherwise control all of the rights to the content that you post or that you
otherwise provide on or through the website; that, as at the date that the
content or material is submitted to www.carrybag.biz or its related apps:
(i) the content and material is accurate; (ii) use of the content and material
you supply does not breach any applicable www.carrybag.biz policies or
guidelines and will not cause injury to any person or entity (including that
the content or material is not defamatory); (iii) the content is lawful. You
agree to indemnify The Company and its affiliates for all claims brought by a
third party against it or its affiliates arising out of or in connection with a
breach of any of these warranties.
5.
Age Limit: Use of www.carrybag.biz and its associated
mobile apps is available only to persons who can form a legally binding
contract under the Indian Contract Act, 1872. If you are a minor i.e. under the
age of 18 years, you may use www.carrybag.biz and its associated
mobile apps only with the involvement of a parent or guardian.
6.
Rent Request: The user can request for travel bags out of the
item list mentioned on the website by signing up in his/her login account. The bag will be delivered to you within the stipulated timeline. After usage you have to raise a return request from your login. The bag will be collected from your address withing the stipulated timeline. The rent will be calculated from the day immediately next to delivery date to the day of return request. The applicable rental plan will be automatically selected depending on the number of days of rental period. The rental charges, delivery charges and the damage charges will be deducted from the security deposit and the balance security deposit will be refunded withing 7 days via Patym to your registered cell no.
7.
Request Fulfilment: The Company will deliver your requested travel
bag to the address you opt in your request. The company reserves rights to deny
any rent request or inquiry request made by you without giving any reason
thereof.
8.
Delivery: Please refer to the ‘Shipping and Delivery Policy’ mentioned in the website www.carrybag.biz .
9.
Rent Duration: Travel Bags can be rented for a minimum period
of 3 days and upto a maximum period of 3 months. If required for a duration
more than 3 months it should be requested by an email to support@carrybag.biz
.
10.
Availability: The requested travel bag may not be in stock
at time you when you are booking the order. In such case you indemnify the
company against any losses or inconvenience caused due to it.
11.
Security Deposit: While booking your order you have to pay the
security deposit in advance. The rent, delivery charges and damage compensation
will be deducted from the security deposit and the balance will be refunded.
12.
Rental Charges: When you return the bag the rent will be
calculated as per the slab. The slab will be decided based on the actual no. of
days of renting period and this will be independent of the “Tentative Rental
Period” you choose while booking the order. The day of delivery and day of
pickup are excluded from the renting period.
13.
Order Cancellation: Please refer to the ‘Cancellation Policy’
mentioned in the website www.carrybag.biz
14.
Payment: All payments are to be made by COD to the delivery boy or
online using Paytm.
15.
Discount Offers: There will be discount offers which will be
posted on the website from time to time. Though these offers are open to all
there are special terms and conditions and eligibility criteria. The company
reserves rights to provide such offers
16.
Fraudulent Activities: If fraudulent, suspicious or any
unlawful activity is detected or suspected, the company reserves right to black
list the user and/or cancel his orders/user login without giving any reasons
thereof.
17.
Limits: The quantity of order or the no. of times the order is
placed is limited to typically required quantity by a single nuclear family. If
excess quantity is requested The Company reserves right to decline the order
and you will be intimated accordingly.
18.
Currency: All transactions are to be made in INR
(Indian Rupees)
19.
KYC: If felt necessary the company may request for identity
and address proof of the user. In case of the user failing produce the
requested documents the company reserves rights to suspend the user ID or the
cancel the order.
20.
Ownership: Travel Bags provided for rent, is, and shall
at all times be and remain, the sole and exclusive property of Felixo Travel
Gear Pvt Ltd and you shall have no right, title or interest therein or thereto
except as expressly set forth in this document.
21.
Billing: The tax invoice will be generated after the bag is
returned by the user and damage penalties are calculated by the inspection
team. The rent will be calculated as per the clause ‘Rent’ mentioned above. The
rent, the damage charges, the delivery charges and the GST will be deducted
from the security deposit and the balance will be refunded back to the user.
The balance will get credited to the user account within 7 working days.
22.
Taxation: GST and TDS are applicable to the renting
transaction. GST applicable is 18% on the rent, 5% on the delivery charges and
0% on the damage charges. It is required that the corporate users provide their
company GST to support@carrybag.biz for availing GST benefits. GST # of Felixo
travel Gear Pvt Ltd is ****** and PAN is AADCF3678B.
23.
Usage of Bags: The Company has no restrictions on the usage of
the rented bag by the user. The company is not responsible for the losses or
complications arising on the part of the user or anybody associated and/or affected
with the usage of the bag.
24.
Performance of the Bag: The Company makes hard efforts to
provide travel bags in good condition to its users. Each bag undergoes numerous
quality checks. Despite these hard efforts there are chances the bag may
malfunction during its usage by the user. Such incidences may cause
inconvenience or losses to the user. The user should not hold the company
responsible for such malfunction. The user is requested to check if the bag
delivered is in good and acceptable condition. The user can return the bag if
not found in usable condition at the time of delivery. In such cases The
Company will deliver another bag as soon as possible and will not charge the
user for the delivery and return of the faulty bag. Once the bag is accepted by
the user the minimum rent and delivery charges will be applicable.
25.
Termination: The user may terminate his login/user ID with
carrybag.biz at any time. For doing so the user has to send a request to support@carrybag.biz
. The user ID cannot be deleted in case of any pending dues to be paid to the
company of any legal proceedings going on. The company reserves to suspend or
delete the user account at its own discretion without giving any reasons.
26.
Losses: We will not be responsible for any business loss
(including loss of profits, revenue, contracts, anticipated savings, data,
goodwill or wasted expenditure) or any other indirect or consequential arising
due to the usage of the www.carrybag.biz website and its
associated mobile apps by the user whether or not any order is placed or
whether or not any order is fulfilled.
27.
Waiver: If you breach these conditions and we take no action, we
will still be entitled to use our rights and remedies in any other situation
where you breach these conditions.
28.
Indemnity: You agree to indemnify and hold harmless The
Company and its proprietor, directors, officers, employees, agents or other
representatives and each of the foregoing entities respective resellers, distributors,
service providers and suppliers and all of the foregoing entities respective
officers, directors, owners, employees, agents, representatives harmless from
and against all claims, liability and expenses, including all legal fees and
costs arising from or relating to (a) your breach of these Terms of Service;
and (b) your use of this website and associated services including transmission
or placement of information or material by you on this website. This provision
shall survive the termination of your right to use this website and/or your
status as a www.carrybag.biz
user.
29.
Electronic Communication: The Company may correspond with you
electronically by sending e-mails to you or otherwise posting messages via
other forms such as a mobile application. You understand and acknowledge that
electronic transmission of information on the internet or otherwise has
inherent risks and that such communications may be lost, delayed, intercepted,
corrupted or be otherwise altered, rendered incomplete or fail to be delivered.
You further understand and acknowledge that electronic transmission of
information cannot be guaranteed to be secure or error-free and its
confidentiality may be vulnerable to access by unauthorised third parties. The
Company shall have no responsibility or liability to you on any basis in
respect of any error, omission, claim or loss arising from or in connection
with the electronic communication of information to you (or your reliance on
such information).
30.
Force
Majeure: The Company shall be excused from performance under these Terms of
Use, to the extent it is prevented or delayed from performing, in whole or in
part, as a result of an event or series of events caused by or resulting from:
(a) acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil
disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e)
error or disruption to computer hardware or networks or software failures; or
(g) any other causes (whether similar or dissimilar) beyond the reasonable
control of the Company.
31.
Entire Agreement: The Terms of Use, including
the incorporated Privacy Policy and other terms incorporated by reference,
constitutes the entire agreement and understanding between you and the Company
with respect to the subject matter hereof and supersedes all prior or
contemporaneous communications and proposals, whether oral or written, between
you and the Company with respect to such subject matter.
32.
Amendment:
The Company reserves it right at all times to modify any part of these Terms of
Use at its sole discretion. You agree to revisit the Terms of Use regularly to
ensure that you stay informed of any changes. Your use of the Website after the
Company updates the Terms of Use will constitute acceptance of the modified
Terms of Use.
33.
Headings:
The descriptive headings of Clauses are inserted solely for convenience of
reference and are not intended as complete or accurate descriptions of content
thereof and shall not be used to interpret the provisions of these Terms of
Use.
34.
Severability:
Each and every obligation under these Terms of Use shall be treated as a
separate obligation and shall be severally enforceable as such and in the event
of any obligation or obligations being or becoming unenforceable in whole or in
part. To the extent that any provision or provisions of these Terms of Use are
unenforceable, the Company may amend such clauses as may be necessary to make
the provision or provisions valid and effective. Notwithstanding the foregoing
any provision which cannot be amended as may be necessary to make it valid and
effective, may be deleted by the Company from these Terms of Use and any such
deletion shall not affect the enforceability of the remainder of this these
Terms.
35.
Governing
Law: These Terms of Use (including the incorporated Privacy Policy) shall be
governed by the laws of India.
36.
Dispute Resolution: In the event of any
dispute or difference between you and the Company arising out or in any way
relating these Terms of Use (and/or the Privacy Policy), the same shall be
referred to arbitration to be conducted by a sole arbitrator appointed by the
Company. The arbitration proceedings shall be conducted in Pune, in accordance
with the provisions of the Arbitration and Conciliation Act, 1996.