Terms of use
Last updated on October 16th, 2023
These terms of use (the “Terms”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “Customer” or “User”) access and register on the web-based platform www.scapia.cards (the “Platform”), operated and managed by Scapia Technology Private Limited having its registered office at 2nd floor, Tower B, Mantri Commercio, Kariyammana Agrahara, Bellandur, Bengaluru, Karnataka 560103 India (hereinafter referred to as “Scapia” or “the Company”).
The Terms are an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. The Terms is (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Rules”) and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures from Scapia.
Scapia retains an unconditional right to modify or amend these Terms and Privacy Policy and notify You of the same. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check the Terms periodically for changes. Your continued usage of the Platform shall signify Your consent to such changes and agreement to be legally bound by the same.
Please read these Terms and Our Privacy Policy (“Privacy Policy”) carefully before using or registering on the Platform or accessing any material or information through the Platform. By clicking on the “I accept” button provided at the signup page, You accept these Terms and the Privacy Policy (if applicable to You) and agree to be legally bound by the same.
Further, by furnishing Your information to Us or by giving Your consent to Scapia to access Your information as provided under Our Privacy Policy for the purpose of rendering Platform Services (as defined below), You also agree that You are interested in availing the Platform Services in accordance with these Terms.
Services
You acknowledge that the Platform allows You to avail the following services including:
Access to the Platform: The Company provides You a limited, non–exclusive, non–transferable, royalty free licence to use the Platform for the purposes of registering on the Platform, accessing the Content (as defined below), availing and booking inter alia the following services through the Platform: (i) aggregating inventory and options provided by various service providers, merchants and aggregators and facilitating booking of (a) domestic and international flight tickets; (b) domestic and international accommodations; (c) train and bus tickets; (d) local, outstation and airport cab/taxi services; (e) self-drive cars for rentals; (f) tours and excursions; (g) travel insurances etc. (collectively “Travel Services”); (ii) facilitating payment collections and settlements towards third party service providers; and (iii) addressing customers queries and grievances and providing a single point of contact in relation to the above-mentioned services booked through the Platform. The aggregation and facilitation services provided by the Company shall collectively hereinafter be referred to as “Platform Services”.
Provision of Services: You agree and acknowledge that the Company only provides Platform Services and facilitates the booking of the Travel Services on the Platform. The Travel Services availed by You through the Platform are provided to You by third party service providers (“Travel Service Providers”). Alternatively, You may avail Travel Services through third party travel aggregators (both online and offline) who have partnered with Us through their respective merchants and service providers (collectively “Travel Aggregators”). You acknowledge that Scapia provides You Platform Services in the capacity of an intermediary and under no circumstances should You expect Scapia to provide Travel Services directly to You or be responsible for any deficiency or failure in providing you the Travel Services. Scapia may in some instances partner with third-parties for the purpose of providing certain Platform Services to You, which may inter alia include services in connection with collection of KYC information, conducting credit assessment checks etc. Further, You understand that all responsibility with regard to compliance with applicable laws vide the Travel Services shall be on the Travel Service Providers and/or Travel Aggregators and in no circumstance will the Company be required to acquire licenses or comply with such other requirements with regard to Travel Services under applicable laws. The Travel Services provided by Travel Service Providers and/or Travel Aggregators may be subject to separate terms and conditions or such other agreement between You and the Travel Service Provider(s) and/or Travel Aggregator(s), You agree and acknowledge that Scapia is neither a party to such terms nor will it be liable thereunder for any reason whatsoever. The Company may choose to club Travel Service offerings of different Travel Service Providers and list them as a package or a consolidated bouquet of Travel Services on its Platform. The Platform facilitating the availability of such bouquet of Travel Services on the Platform, to be provided by third party Travel Service Providers or Travel Aggregators, shall form a part of the Platform Services provided by the Company. In relation to such consolidated Travel Services, You acknowledge and understand that the Company merely consolidates Travel Service offerings of different kinds from different Travel Service Providers and/or Travel Aggregators for the benefit of the Users and accordingly no such clubbed Travel Service offerings shall be construed to mean these Travel Services are provided by the Company. The respective Travel Service Providers or Travel Aggregators offering each of the individual Travel Services in such combined packages shall be responsible for the Travel Services provided to You in the manner stipulated in this Section 1.1.
All Platform Services are provided to You on a principal to principal basis between You and the Company. Nothing herein is intended to nor be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.
As part of the Platform Services provided to You, You agree to provide honest feedback/review about Our Platform Services or the Travel Services provided by Travel Service Provider or Travel Aggregators, if required by the Company.
The Company does not: (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise at the time of facilitating booking of third party Travel Services; and (ii) discriminate between Users of the same class or make any arbitrarily classification of the Users.
The Company may, at its discretion, add, modify, or remove any of the services listed above from time to time without special notice to You.
Eligibility to Use
Subject to the conditions under Section 3.1 below, the use and access to the Platform is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. You hereby represent that You are: (i) of legal age to form a binding contract i.e., above 18 (eighteen) years of age (ii) not a person barred from receiving the services from the Company under the applicable laws and (iii) competent to enter into a binding contract. In case You are accessing the Platform as a representative of and on behalf of a legal entity or organisation, (i) You represent and warrant that You have the full authority to represent the legal entity and have power to bind them; and (ii) You understand that the Privacy Policy, upon acceptance by You, is applicable to and binds all other persons accessing or using the Platform and the Platform Services on behalf of the same legal entity or organisation for this purpose. Further, You agree and acknowledge that provision of certain Platform Services to You shall be subject to You passing the credit assessment checks that the Company may undertake in the process of creating Your Account (defined below) on the Platform.
User Account, Password and Security
You may browse certain sections of the Platform without being registered with Us. However, to avail the Platform Services, You are required to set up an account on the Platform by providing such information as may be required by the Company as provided under the Privacy Policy (“Account”). You may create Your Account on the Platform by signing up with Your phone number verified by a one-time password generated by the Company for this purpose and by passing the credit assessment checks that the Company may undertake as provided under these Terms.
You are prohibited from selling, trading, or otherwise transferring Your Account to another party. Further, You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request the Company for an information revision or update. If You provide any information that is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to refuse or reject providing Platform Services to You on the Platform.
You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials that You use to access the Platform and for any activities or actions under Your Account. You are encouraged to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your Account and with other accounts that You may connect to Your Account (such as Your Accounts with other social media platforms).
You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account either with or without Your knowledge.
You may be held liable for losses incurred by the Company or any other User of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
You hereby acknowledge and agree that the deletion of the Platform from Your device does not constitute termination of Your Account and agree to undertake the process detailed herein in order to complete the de-registration of Your Account (“De-registration”). If and when You are desirous of having Your name and other details removed from Our records, immediately upon receiving Your written request to that effect, We shall remove and/delete all such information. However, We may retain certain information regarding Your Account, even after receiving a deletion request from You, where such retention is required under applicable laws. You hereby acknowledge that the removal of Your details from the Platform does not constitute termination of Your outstanding obligations, if any, to the Company.
Use of the Platform
Subject to compliance with these Terms, the Company hereby grants You a non-exclusive, limited privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company or other Users.
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent, or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.
You acknowledge and agree that in case any of the information provided by the Travel Service Provider or Travel Aggregator displayed on the Platform is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force, the Company shall not be liable or responsible for the same.
Further, You undertake not to upload, modify, transmit, communicate or share in any manner information (either on Your profile linked to Your Account or while making bookings for Travel Services or in any other circumstances) that:
belongs to another person and to which the User does not have any right;
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;
is harmful to child;
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 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;
impersonates another person;
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;
incites terrorism or in any manner supports any terrorist organisation or individuals who are designated to be terrorists by the Government of India or by the United Nations Security Council.
contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
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;
disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
violate the Terms contained herein or elsewhere and/or the Privacy Policy; and
reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.
Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable (upon notice from the Company), non-transferable access to view any Content available on the Platform, subject to the following conditions:
You may access the Content solely for personal or informational purposes, in accordance with the Terms;
You may not modify or alter the Content available on the Platform;
You may not distribute, copy, reproduce, or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and
You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.
Fees and Payments
You agree and acknowledge that You are required to pay the fees charged by Travel Service Providers and/or Travel Aggregators on the Travel Services booked by You on the Platform. The Company does not charge any mark-up on Travel Services provided by Travel Service Providers or Travel Aggregators. You understand that, in addition to the fees charged by Travel Service Providers and/or Travel Aggregators, You agree and acknowledge that the Company reserves the right to charge certain fees in the nature of convenience fees or service fees or platform fees or processing fees or such other fees (however named), at its sole discretion. Further, the Company may, at its sole discretion alter any fees charged by it from time to time without providing You any special notice. You however will be displayed such fees before You confirm Your booking on the Platform. The Company has partnered with third-party payment gateways and payment aggregators to process all payments on the Platform. You agree and acknowledge that the Company disclaims all liability in relation to such payment related services offered by such third-parties.
You acknowledge that the Company may, on behalf of the Travel Service Provider allow You to book seats, meals, and baggage facilities for travel bookings made by You on the Platform, at such rates solely determined by the respective Travel Service Provider. The Company may, on behalf of the Travel Service Provider, charge such rates to You at the time of booking over and above Your booking amounts. Once You avail such facilities, the amounts payable by You towards such facilities shall form a part of the Commercial Receipt (defined below) provided to You. It is hereby clarified that the Company is not liable for the amounts charged to You by the Travel Service Provider towards such facilities, and the amounts charged to You by the Company are as-is, and there is no additional fees charged directly by the Company to You in this regard. You agree that You shall not hold the Company liable for any such amounts charged to You, and for any claims in relation to You availing such facilities on the Platform.
The Company shall provide a Commercial Receipt to You indicating the fee charged by Travel Service Providers and/or Travel Aggregators for all the Travel Services availed by You along with such vouchers from Travel Service Providers and/or Travel Aggregators as may be applicable (“Commercial Receipt ”). The Commercial Receipt provided by the Company shall also indicate the fees/charges payable by You to Scapia for availing Platform Services. You agree and acknowledge that in no event will the provision of such Commercial Receipt be construed to mean that the Travel Services are provided directly by Scapia. You understand and acknowledge that it shall be the Travel Service Providers’ and/or Travel Aggregators’ responsibility to issue a Goods and Services Tax (“GST”) invoice to You for their Travel Services availed by You on the Platform, and Scapia shall not be liable in the event such GST invoice is not issued to You for the same.
You agree and acknowledge that You can repay the TNPL facility availed by You through Easy Monthly Instalments (“EMI”) linked to Your bank account and You agree and acknowledge that such EMIs shall be auto-debited from Your bank account. All other payments towards making bookings to avail Travel Services from Travel Service Providers and/or Travel Aggregators shall be made through the various modes of payment provided on the Platform such as UPI, Credit/Debit Cards of various banks, Net Banking facility of major banks, third party wallets, gift cards and more.
In the instances where Your booking does not get confirmed for any reason whatsoever which is reasonably attributable to the Company, the Company will refund any fees charged by it. You agree and acknowledge that refund of fees charged by Travel Service Providers and/or Travel Aggregators would be subject to terms and conditions and/or any agreements that such Travel Service Providers or Travel Aggregators have with You. The Company, in no circumstance whatsoever shall be liable to refund any amount that has been charged by Travel Service Providers and/or Travel Aggregators on the Platform. The Company will however, on a best efforts basis assist You in getting refunds from such Travel Service Providers and/or Travel Aggregators. You understand that in the event Your booking is not confirmed, the Company is under no obligation to provide You with an alternate booking in lieu of, or to compensate, or to replace the unconfirmed booking, however, the Company shall, on a best efforts basis assist You in getting an alternative booking. All subsequent bookings will be treated as new transactions.
In the event You decide to cancel any booking made by You on the Platform, the Company may charge You a cancellation fee based on the parameters set by it and communicated to You. Additionally, Travel Service Providers and/or Travel Aggregators may also charge a certain amount towards cancellation of Your booking based on their internal policies and/or any terms/agreements they have with You. Upon cancellation, the Company may deduct cancellation fees charged by it, Travel Service Providers and/or Travel Aggregators out of the total amount paid by You towards Your booking, and subsequently refund the remaining amount to You.
Refunds, if any, on cancelled or unconfirmed bookings will always be processed to the respective account or the payment method (credit card, wallet etc.) through which payment was made for that booking.
You acknowledge and agree that the Company will not be responsible for any cancellations that are either (a) made by the Travel Service Providers and/or Travel Aggregators; (b) made by You; or (c) made as a result of a Force Majeure Event (defined below) (including Covid-19). Further, You agree and acknowledge that the Company shall not, in any circumstance be liable to provide You any refund if You do not avail any Travel Service booked by You without cancelling the same. You also agree and acknowledge that it shall be Your responsibility to take all reasonable measures to avail Travel Services in a hassle free manner including but not limited to checking the date and time of travel, check-in obligations, Covid-19 testing obligations (if any) or such other obligations/precautions as may be applicable.
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of availing the Travel Services (including for booking the same) as per applicable laws. You shall also be completely responsible for complying with all applicable laws with regard to payments made by You including but not limited to the Foreign Exchange Management Act, 1999 and the rules, regulations thereunder along with directions issued by the Reserve Bank of India for any transactions involving remittances outside India or into India.
The Company or its representatives, agents or employees or the Travel Service Providers or Travel Aggregators, their representatives, agents and employees will never ask You to transfer any fees or monies into their personal bank account. You agree that if You transfer any amount to any personal account of any person outside the Platform towards any of the Travel Services availed by You from Travel Service Providers and/or Travel Aggregators, the Company shall not be held liable for the same. You shall not have any recourse against the Company for such amounts.
Scapia Cards and Scapia Rewards:
The Company has partnered with The Federal Bank Limited to issue the ‘Scapia Federal Credit Card’. Usage of the Scapia Federal Credit Card shall be subject to the general terms and conditions found here. By using Your Scapia Federal Credit Card, You are automatically enrolled in the ‘Scapia Rewards Programme’. Scapia Rewards Programme will be administered through the following three categories (i) Scapia Coins (ii) Scapia Benefits and (iii) Scapia Offers. The specific terms and conditions in relation to Scapia Rewards Programme can be found here.
Travel Now Pay Later:
As part of the Platform Services, You may avail the “Travel Now Pay Later” (“TNPL”) facility provided in collaboration with certain financing partners that have partnered with Us. You may learn more about the TNPL facility here. If you choose to avail TNPL facility through the Platform, You hereby consent to and agree to be bound by the Travel Now Pay Later Terms of Service.
Insurance
Unless specifically mentioned, obtaining insurance coverage is the obligation of the User. In no event will the Company accept any claims pertaining to travel insurance provided as part of the Platform Services or be responsible for acceptance or rejection for insurance claims made. Insurance offered/obtained/availed on the Platform shall be as per the terms and conditions of the third-party insurance service providers. The Company merely acts as a facilitator in connecting You with insurance service provider. The User shall contact the insurance service provider directly for any claims or disputes.
Scapia FlexiFly
If You are uncertain about Your travel plans and might wish to cancel Your flight for any reason, the Company offers free cancellation on domestic flights through ‘Scapia FlexiFly’ facility. You can learn more about the ‘Scapia FlexiFly’ facility here:
The Scapia FlexiFly fee paid for this fare is not refundable in any circumstance.
In case passenger cancels through the airline directly, he/she must inform Scapia at least 26 (twenty-six) hours before departure time to avail cancellation waiver.
The Scapia FlexiFly Facility is valid only for domestic flights with departure date within 90 (ninety) days from date on which the flight was booked.
The Scapia FlexiFly Facility can be availed only through the Scapia platform and is not available on any third party website or platform.
Cancellation of the flight will have to be done at least 26 (twenty six) hours before the date of departure to avail cancellation waiver under the Scapia FlexiFly facility. Such cancellation waiver and refund will at all times be subject to the refund window
In no instance will you be entitled to any amount in excess of the actual ticket fare paid by you. The maximum that you may receive as a refund for cancellation of tickets shall be an amount equal to the ticket fare paid by you excluding the convenience fee and Scapia FlexiFly fee irrespective of the cancellation policies of the relevant airline.
The processing fee paid for availing Scapia FlexiFly Facility (Scapia Flexi Fly fee) is non-refundable under any circumstance.
In case of cancellation, refund will be credited to the source account.
Scapia Coins earned on this ticket will be reversed in case of cancellation
No additional Scapia cancellation fee will be charged in case of cancellation
The cancellation fee waiver under the Scapia FlexiFly Facility cannot be availed in case of airline insolvency, if the passenger is denied boarding, acts of terrorism etc.
The Scapia FlexiFly Facility described herein is subject to the Scapia platform Terms of Use and Privacy Policy.
Force Majeure
You understand that there may be exceptional circumstances where the Company and/or Travel Service Providers may not be able to process bookings for Travel Services or provide You Travel Services (as the case may be) due to factors such as act of God, labour unrest, insolvency, a pandemic (including Covid-19), an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of the Company (“Force Majeure Events"). If the Company has advance knowledge of the happening of such Force Majeure Events, it will make best efforts to provide similar alternative to You or provide You a refund as per these Terms after ducting any service fees or such other charges as may be deemed fit by the Company if supported and refunded by the respective Travel Service Provider affected by such Force Majeure Event. You agree and acknowledge that the Company, merely being a facilitator for making Bookings, cannot be held responsible in such Force Majeure Events. You may have to separately contact the Travel Service Provider directly for any further resolutions and refunds.
Intellectual Property Rights
The Platform and the processes, and their selection and arrangement, including but not limited to, all text, reports generated, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) and any information or materials uploaded by the Users (collectively, the “Content”) on the Platform is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without Our prior written permission. If You would like to request permission in respect of any particular Content, You can contact Us in the manner provided for herein.
The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company or the third party that may own the Marks.
You agree and acknowledge that the Company reserves the right to use any recourse available to it under applicable laws if it believes that You have infringed any of its intellectual property rights.
Infringement of Intellectual Property
If You believe the Platform violates Your intellectual property, You must promptly notify Company in writing at care@scapia.cards. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
the intellectual property that You believe is being infringed;
the item that You think is infringing and include sufficient information about where the material is located on the Platform;
a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
Your contact details, such as Your address, telephone number, and/or email;
a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
Your physical or electronic signature.
Disclaimers of Warranties and Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law that:
The Company is merely acting in the capacity of an intermediary and does not control the conduct or actions of any User or Travel Service Provider or Travel Aggregator on the Platform or otherwise except as may be required under law for the time being in force.
The Platform, Content and Platform Services are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or Platform Services/Travel Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; and (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms.
The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user Content.
The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
The Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Platform Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
You agree and acknowledge that it shall be Your responsibility to carry valid travel documents including but not limited to valid ID proof, valid passport, valid visa documents issued by the appropriate country (including transit visa, if applicable) for the country You will be visiting or transiting through (“Travel Documents”). Scapia shall not be liable for any consequences arising out of Your failure to carry the Travel Documents.
You understand that the Travel Documents specified by Scapia are neither exhaustive nor conclusive for the purpose of travel. It shall be Your responsibility to verify from appropriate authorities including the embassy of the country You are visiting and ensure that You possess all the required Travel Documents.
Scapia shall not be liable for any consequences arising out of Your failure to carry the Travel Documents and shall not be liable to refund the amounts paid by You towards such booking.
You agree and acknowledge that Scapia shall not be responsible for any restrictions imposed on You in relation to entry to the destination by the relevant authorities of such destination due to Your non-compliance with the legal requirements applicable to enter such destination, including but not limited to, visa and health regulations. You further agree that You shall be solely responsible for ensuring that You are aware of the applicable legal requirements for the purpose of travel and for ensuring compliance with the same, to the total exclusion of Scapia.
You agree and acknowledge that Scapia shall not be responsible for any criminal acts committed against You during the course of Your travel booked through the Platform including but not limited to, theft, assault, harassment or robbery. Any such acts shall be dealt with in a manner compliant with applicable law, and under no circumstances, shall Scapia be liable for any such acts or any consequences thereof.
You agree and acknowledge that Scapia shall not be liable in the event You are deported from Your destination due to Your non-compliance with applicable legal requirements, including but not limited to, custom regulations, visa regulations, passport related compliances, health guidelines and guidelines prohibiting / restricting travel with certain goods and substances in Your destination. You further agree that You shall be solely responsible for such deportation and any consequences thereof, and under no circumstances, shall Scapia be liable for the same. Further, Scapia shall not be liable to refund any amounts paid by You towards such bookings.
The company shall not be responsible for any actions of the travel service providers and/or travel aggregators including but not limited to rescheduling, cancellation of bookings, increase of prices, liability or deficiency of services, safety, luggage loss, quality of services, actions of the employees, agents, workers or consultants of the travel service providers (including drivers, agents, operator etc.) or travel aggregators providing the travel services or any other actions or lack of action by the travel service providers that have caused any loss or damage to the user. in no event shall the company and its officers, partners, consultants, agents, and employees, be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with your use of or access to the platform or content on the platform.
These Terms are intended for Users within the territory of India and govern Your rights as per applicable law within the territory of India. However, in the event You fall under a jurisdiction outside the purview of Indian law, We will not be liable for any claim, action and/or right initiated/exercised by You as per the extant laws of that jurisdiction. Therefore, We request You to kindly use the Platform accordingly.
Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless the Company, and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, representatives and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.
The limitations and exclusions in this Section 14 applies to the maximum extent permitted by applicable laws.
Violation of Terms
You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Us, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
Suspension and Termination
The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, your only recourse is to (i) De-register Your Account on the Platform; and/or (ii) stop accessing the Platform.
The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or the Privacy Policy or anyway otherwise acted unethically. The decision of the Company in this regard shall be final and You shall have no right to dispute the same. Notwithstanding anything in this paragraph, these Terms will survive indefinitely unless and until the Company chooses to terminate them.
If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to You and the Company shall have no liability to You or any third party for doing so. However, Your transaction details etc. may be preserved by the Company for compliance with any law for the time being in force.
Governing Law and Jurisdiction
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts in Bangalore, Karnataka.
Report Abuse
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: care@scapia.cards.
Communications
You hereby expressly agree to receive communications by way of calls (including using pre-recorded messages or artificial voice), SMS, emails and/or WhatsApp from the Company and other third parties duly authorized by the Company including but not limited to the purpose of confirming Your bookings for Travel Services and such other Platform Service related communication. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided to Us are Your own and are true, accurate, current and complete. You agree to notify Us whenever You stop using a particular telephone number(s) and/or email address(es). You can unsubscribe or opt-out from receiving communications through calls, SMS, e-mail, and WhatsApp anytime by writing to Us at care@scapia.cards. In which case, the Company will only send You communications solely required for the purposes of the Travel Services booked through the Platform.
Grievance Redressal Mechanism
Grievance Handling: If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Platform Services, You can contact the designated Grievance Officer of the Company, namely, Aniruddh Agrawal, at grievance@scapia.cards.
By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You.
General Provisions
Notice: All notices from the Company will be served by email to Your registered email address or by notification on the Platform.
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.
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