I. Acceptance of terms
Thank you for using Flyhighinternational. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Flyhighinternational platform at https://www.flyhighinternational.ca/ (the "Site") and any related mobile or software applications ("Flyhighinternational Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
These Terms are effective for all existing and future Flyhighinternational users, including but without limitation to users having access to 'vendor business page' to manage their claimed business listings.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
• Clicking to accept or agree to the Terms, where it is made available to you by Flyhighinternational in the user interface for any particular Service; or
• Actually, using the Services. In this case, you understand and agree that Flyhighinternational will treat your use of the Services as acceptance of the Terms from that point onwards.
"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'vendor business page' to manage claimed business listings or otherwise.
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "Flyhighinternational Content" means content that Flyhighinternational creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Flyhighinternational or its users and is available on the Services.
"Vendor" means the vendors listed on Flyhighinternational and any related mobile or software applications of Flyhighinternational.
III. Eligibility to use the services
1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
IV. Changes to the terms
Flyhighinternational may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Flyhighinternational Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V. Translation of the terms
Flyhighinternational may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Flyhighinternational. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
VI. Provision of the services being offered by Flyhighinternational
1. Flyhighinternational is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Flyhighinternational provides, may require effecting certain changes in it, therefore, Flyhighinternational reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
3. You acknowledge and agree that if Flyhighinternational disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
4. You acknowledge and agree that while Flyhighinternational may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Flyhighinternational may set such fixed upper limits at any time, at Flyhighinternational's discretion.
5. By using Flyhighinternational's Services you agree to the following disclaimers:
o The Content on these Services is for informational purposes only. Flyhighinternational disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Flyhighinternational reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Flyhighinternational does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any vendor. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Flyhighinternational. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Flyhighinternational. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Flyhighinternational.
o Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Vendor's listing page on the Platform is for informational purposes only. Such Certification is displayed by Flyhighinternational on an 'as available' basis that is provided to Flyhighinternational by the Vendor partner(s). Flyhighinternational does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user's own risk and Flyhighinternational in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Vendor partner.
6. Flyhighinternational reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Flyhighinternational Platform anytime in future.
7. Flyhighinternational may from time to time introduce referral and/or incentive-based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Flyhighinternational Platform terms. Further, Flyhighinternational reserves the right to terminate / suspend the User's account and/or credits / points earned and/or participation of the User in the Program if Flyhighinternational determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Flyhighinternational Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Flyhighinternational reserves the right to modify, cancel and discontinue its Program without notice to the User.
VII. Use of services by you or user
1. Flyhighinternational User Account Including 'Claim Your Business Listing' Access
2. You may also be able to register to use the Services by logging into your account with your credentials from certain third-party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
3. In creating an account and/or claiming your business' listing, you represent to us that all information provided to us in such a process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Flyhighinternational or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
4. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Flyhighinternational account for any purpose and that you will be liable for such unauthorized access.
5. By creating an account, you agree to receive certain communications in connection with Flyhighinternational Platform or Services. For example, you might receive comments from other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
2. Others Terms
1. In order to connect you to certain vendors, we provide value added telephony services through our phone lines, which are displayed on the specific vendor listing page on the Flyhighinternational Platform, which connect directly to vendors' phone lines. We record all information regarding this call including the voice recording of the conversation between you, and the vendor (for internal billing tracking purposes and customer service improvement at the vendor's end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by Flyhighinternational. You explicitly agree and permit Flyhighinternational to record all this information when you avail the telephony services through the Flyhighinternational provided phone lines on the Flyhighinternational Platform.
2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
3. You agree to use the data owned by Flyhighinternational (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with 'Claim Your Business Listing' access) unless agreed to by/with Flyhighinternational in writing.
4. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Flyhighinternational, unless you have been specifically allowed to do so, by way of a separate agreement with Flyhighinternational. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
1. Ownership of Flyhighinternational Content and Proprietary Rights
1. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Flyhighinternational Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Flyhighinternational and that you shall not disclose such information without Flyhighinternational's prior written consent.
2. You agree to protect Flyhighinternational's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Flyhighinternational (or Flyhighinternational's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Flyhighinternational and that you shall not disclose such information without Flyhighinternational's prior written consent. Unless you have agreed otherwise in writing with Flyhighinternational, nothing in the Terms gives you a right to use any of Flyhighinternational's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
3. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Flyhighinternational; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Flyhighinternational's Content in whole or in part except as expressly authorized by Flyhighinternational.
4. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.
2. Your License to Flyhighinternational Content
1. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Flyhighinternational Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Flyhighinternational Content or our IP Rights.
2. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
3. Flyhighinternational License to Your or User Content
By submitting Your Content you hereby irrevocably grant Flyhighinternational a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a 'vendor business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third-party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Flyhighinternational or its Users, any third-party services and their users.
4. Representations Regarding Your or User Content
1. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws
2. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
3. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content, and not Flyhighinternational.
5. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Vendor reserves the right to delete any images and pictures forming part of User Content, from such Vendor's listing page at its sole discretion.
6. Third Party Content and Links
2. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
3. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Flyhighinternational is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
4. Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third-party content. We assume no responsibility or liability for any of Your Content or any third-party content.
5. You further acknowledge and agree that Flyhighinternational is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
7. User Reviews
1. User reviews or ratings for Vendors do not reflect the opinion of Flyhighinternational. Flyhighinternational receives multiple reviews or ratings for Vendors by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Flyhighinternational is the personal opinion of the user/reviewer only. Flyhighinternational is a neutral platform, which solely provides a means of communication between users/reviewers including users or vendor owners/representatives with access to vendor business pages. The advertisements published on the Flyhighinternational Platform are independent of the reviews received by such advertisers.
2. We are a neutral platform and we don't arbitrate disputes, however in case if someone writes a review that the vendor does not consider to be true, the best option for the vendor representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Vendor believes that any particular user's review violates any of the Flyhighinternational' policies, the vendor may write to us at neutrality email@example.com and bring such violation to our attention. Flyhighinternational may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services
1. Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
X. Restrictions on use
1. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
a. Violate our Guidelines and Policies;
b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
c. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
d. Contains material that violates the standards of good taste or the standards of the Services;
e. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
f. Accuses others of illegal activity, or describes physical confrontations;
g. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
h. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
i. Attempts to impersonate another person or entity;
j. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
l. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
m. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
o. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
p. Accesses or uses the account of another user without permission;
q. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
s. "Hacks" or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
t. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
v. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
w. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
x. Collects, accesses, or stores personal information about other users of the Services;
y. Is posted by a bot;
z. Harms minors in any way;
aa. Threatens the unity, integrity, defense, security or sovereignty of Rwanda or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
bb. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
cc. Attempts to do any of the foregoing.
2. You acknowledge that Flyhighinternational has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
3. You hereby agree and assure Flyhighinternational that the Flyhighinternational Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Flyhighinternational in any form or manner whatsoever.
XI. User feedback
1. If you share or send any ideas, suggestions, changes or documents regarding Flyhighinternational's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Flyhighinternational is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Flyhighinternational may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Flyhighinternational and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
2. Please provide only specific Feedback on Flyhighinternational's existing products or marketing strategies; do not include any ideas that Flyhighinternational's policy will not permit it to accept or consider.
3. Notwithstanding the above mentioned clause, Flyhighinternational or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Submissions") in any form to Flyhighinternational or any of its employees.
4. The purpose of this policy is to avoid potential misunderstandings or disputes when Flyhighinternational's products or marketing strategies might seem similar to ideas submitted to Flyhighinternational. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
5. Terms of Idea Submission
You agree that: (1) your Submissions and their Contents will automatically become the property of Flyhighinternational, without any compensation to you; (2) Flyhighinternational may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Flyhighinternational to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Flyhighinternational on the Services are subject to change without specific notice to you. In consideration for Flyhighinternational granting you access to and use of the Services; you agree that Flyhighinternational may place such advertising on the Services.
2. Part of the site may contain advertising information or promotional material or other material submitted to Flyhighinternational by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Flyhighinternational Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Flyhighinternational found on or through the Flyhighinternational Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Flyhighinternational will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Flyhighinternational Platform and mobile application.
XIII. Additional Terms and Conditions for Users using the various services offered by Flyhighinternational:
1. ONLINE FOOD ORDERING:
1. Flyhighinternational provides online food ordering services by entering into contractual arrangements with Vendors on a principal-to-principal basis for the purpose of listing their food and beverages for online ordering by the Users on the Flyhighinternational Platform ("Vendor Partners"). The Users can access the list of food and beverages of the Vendor Partners listed on the Flyhighinternational Platform and place online orders against the Vendor Partners through Flyhighinternational, which the Vendor Partner may or may not accept in its absolute discretion. Your request to order food and beverages from a Vendor Partner by clicking on ‘Place Order’ tab on the Vendor Partner page on the Flyhighinternational Platform shall constitute an unconditional and irrevocable authorization issued in favor of Flyhighinternational to place online orders for food and beverages against the Vendor Partners on your behalf. An order, when placed on your behalf by Flyhighinternational and accepted by a Vendor Partner, constitutes a separate contract of sale of goods under the Sale of Goods Act, 1930 and the Consumer Protection Act, 2019 or any successor legislations between the Vendor Partner and the User, to which Flyhighinternational is not a party. Flyhighinternational is not a manufacturer, seller or distributor of food or beverages and merely places an order against the Vendor Partners on behalf of the Users pursuant to the unconditional and irrevocable authority granted by the Users to Flyhighinternational, and facilitates the sale and purchase of food and beverages between Users and Vendor Partners, under the contract for sale and purchase of food and beverages between the Users and Vendor Partners.
2. Flyhighinternational shall not be liable for any acts or omissions on part of the Vendor Partner including deficiency in service, wrong delivery of order, quality of food, time taken to prepare or deliver the order, etc.
3. For the users in Rwanda, it is hereby clarified by Flyhighinternational that the liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Vendor Partners, importers or manufacturers of the food products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
4. Please note that some of the food may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Flyhighinternational shall not be liable in the event food ordered by you does not meet your dietary or any other requirements and/or restrictions.
5. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Flyhighinternational's terms and privacy policies.
6. You or any person instructed by you shall not resell food purchased via the Flyhighinternational Platform.
7. Delivery of an order placed by you through the Flyhighinternational Platform may either be undertaken directly by the Vendor Partner against who you have placed an order, or facilitated by Flyhighinternational through third-party ("Vendor Partners") who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, Flyhighinternational is merely acting as an intermediary between you and the Delivery Partners, or you and the Vendor Partners, as the case may be.
8. The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service between Flyhighinternational and the Delivery Partner, to which Flyhighinternational is not a party. It is clarified that Flyhighinternational does provide delivery and logistics services and only enables the delivery of food and beverages ordered by the Users through the Flyhighinternational Platform by connecting the Users with the Delivery Partners or the Vendor Partners, as the case may be.
9. Where Flyhighinternational is facilitating delivery of an order placed by you, Flyhighinternational shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
10. You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Vendor Partner, as the Delivery Partner or the Vendor Partner may determine ("Delivery Charges"). You agree that Flyhighinternational is authorized to collect, on behalf of the Vendor Partner or the Delivery Partner, the Delivery Charges for the delivery service provided by the Vendor Partner or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to order value, distance, and demand during peak hours. Flyhighinternational will use reasonable efforts to inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
11. to You failing which your eligibility to receive the Coupons expire. Further the validity period of the Coupons would be 7 (seven) days from receipt thereof. Notwithstanding anything set out herein above, you shall not be eligible to receive the Coupon if:
1. Flyhighinternational fails to delivery such Order within the Promise Time for unforeseen reasons beyond the control of Flyhighinternational e.g. strikes, natural disaster, vendors inability to provide the Order
2. You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such Order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing of the Order etc.
3. You indulge in actions intended to delay the Order including but not limited to asking the delivery personnel to delay the Order, becoming unresponsive on call etc.
4. The order is a bulk Order (as determined by Flyhighinternational)
For the purpose of this clause, words capitalized shall have the following meaning:
"Promise Time" shall mean the time period between the Merchant accepting the Order and the delivery executive reaching within 50 minutes from Your location or first barrier point (security guard/reception etc.) whichever is further."
"Coupon" shall mean a one-time code generated by Flyhighinternational for delay in Promise Time.
12. All prices listed on the Flyhighinternational Platform are correct at the time of publication, and have been placed as received from the Vendor. While we take great care to keep them up to date, the final price charged to you by the Vendor may change at the time of delivery. In the event of a conflict between price on the Flyhighinternational Platform and price charged by the Vendor, the price charged by the Vendor shall be deemed to be the correct price except Delivery Charge of Flyhighinternational.
13. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Flyhighinternational Platform when you place your order, which shall be rounded up to the nearest Rwandan francs. Users shall make full payment towards such food ordered via the Flyhighinternational Platform.
14. Any amount that may be charged to you by Flyhighinternational over and above the order value, shall be inclusive of applicable taxes.
15. Delivery periods/Pickup time quoted at the time of ordering are approximate only, and may vary. When You opt for Pickup, You shall be solely liable to ensure compliance with the conditions governing the Pickup at the time of placing the Order, and Flyhighinternational shall not be liable in any manner in this regard.
16. Personal Promo code can only be used by You subject to such terms and conditions set forth by Flyhighinternational from time to time.
17. Flyhighinternational For Online Ordering:
1. As a member of Flyhighinternational in Rwanda, you can avail Online Offer (as defined below) on Order placed by You from partnered Vendors (“Partnered Vendor(s)”). On Order placed by You through the Flyhighinternational Platform,
2. The number of Partnered Vendor(s) may be modified.
3. You may avail the Online Offer only once a day at a given Partnered Vendor.
4. You will be required to unlock your Flyhighinternational each time you wish to avail the Online Offer on a given Order.
5. The Online Offer cannot be clubbed with any other offers or discounts or deals extended by the Partnered Vendor or Flyhighinternational or any other third party.
6. The Online Offer is not valid on menu items sold by the Partnered Vendor at maximum retail price (MRP), combos and special dishes.
7. The Online Offer can be availed only for Orders placed for home delivery.
8. The Partnered Vendor(s) offering Flyhighinternational for home delivery may differ from Vendors offering Flyhighinternational for dine out.
9. You will be responsible to pay the Partnered Vendor(s) all costs and charges payable for all the other items for which you have placed an Order and are not covered under the Online Offer.
10. In case, the price of the second highest Order value item, if any forming part of the Order exceeds the Offer limit, You will be required to pay for such differential amount.
11. Flyhighinternational reserves the right to add exclusion days to Flyhighinternational on Online Ordering at its discretion which will be communicated from time to time.
12. The term of your Flyhighinternational membership shall be subject to the membership plan opted by you.
Cancellation and refund policy:
13. You acknowledge that your cancellation, or attempted or purported cancellation of an Order shall amount to breach of your unconditional and irrevocable authorization in favour of Flyhighinternational to place that Order against the Vendor Partners on your behalf ("Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the Order Value. You hereby authorize Flyhighinternational to deduct or collect the amount payable as liquidated damages through such means as Flyhighinternational may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order
14. In the event you have provided incorrect particulars, e.g., contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to You, You will not be eligible for any refunds.
15. No replacement / refund / or any other resolution will be provided without Vendor’s permission.
16. Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign object in food, delivery of the wrong order, you will be required to share the proof of the same before any resolution can be provided.
17. You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Vendor on a best-efforts basis.
18. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.
3. BOOK SERVICE/TABLE RESERVATIONS:
1. The user can make a request for booking a table at a vendor, offering table reservation via the Flyhighinternational Platform and related mobile or software application and such booking will be confirmed to a user by email, short message service ("SMS") and/or by any other means of communication only after the vendor accepts and confirms the booking. The availability of a booking is determined at the time a user requests for a table reservation. While using the Flyhighinternational Book Service, you shall be required to provide certain details, You agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to Flyhighinternational's terms and privacy policies and agree to receive booking confirmations by email SMS and/or by any other means of communication after booking a table through the Flyhighinternational Book Service. User further agrees not to make more than one reservation for user's personal use for the same mealtime.
2. Fees: Flyhighinternational may charge booking fee ("Booking Fee") from the user upon availing the Flyhighinternational Book Service. This Booking Fee shall be adjusted by the vendor against the total bill for the items consumed by the user at such vendor. Any balance amount remaining to be paid after deduction of the Booking Fee from the vendor bill shall be payable by the user. The user shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the user, the amount of the Booking Fee already paid by the user will be applicable. The user may be required to furnish the payment instrument at the vendor from which payment has been made for identification purposes.
3. Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the vendor. Flyhighinternational will use its best endeavors to keep the user informed of the status of the booking. For bookings where Booking Fee is not applicable, the user may cancel such booking thirty (30) minutes in advance from the scheduled booking time. A confirmed booking for which Booking Fee has been charged from a user, modification option will not be available, however the user is required to cancel the confirmed booking twenty-four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these Terms, Flyhighinternational shall refund the Booking Fee to the user within seven (7) working days from the date of such cancellation. However, Flyhighinternational reserves the right to retain the Booking Fee in the event the user fails to cancel the booking within the estimated timeframe mentioned herein above.
4. Late Arrivals: Flyhighinternational advises the users to arrive 10 minutes in advance of the scheduled booking time. The vendor reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Flyhighinternational shall in no manner be liable for such cancellation initiated by the Vendor. Flyhighinternational hereby reserves its right to retain the Booking Fee paid by the users, in the event the user is late by more than 10 minutes from the scheduled booking time and/or fails to show up at the vendor.
5. Dispute: In the event the vendor fails to honor the confirmed booking or in case of any other complaint or dispute raised by the user in relation to the booking, the user shall raise such disputes with Flyhighinternational within 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, Flyhighinternational will make reasonable efforts to verify the facts of such complaint/ dispute with the vendor and may at its sole discretion initiate the refund of the Booking Fee to such user.
7. Additional Request: In the case of any additional request communicated by the user at the time of the booking, the same will be conveyed to the vendor by Flyhighinternational and confirmed to the user basis vendor's response. While Flyhighinternational will take all the care to ensure timely communication of these requests to both the user and the vendor, the liability to fulfill the request lies solely with the vendor and Flyhighinternational shall in no manner be liable if the vendor does not honor any of the confirmed additional requests of the users.
8. Call Recording: Flyhighinternational may contact via telephone, SMS or other electronic messaging or by email with information about your Flyhighinternational Book Service or any feedback thereon. Any calls that may be made by Flyhighinternational, by itself or through a third party, to the users or the vendor pertaining to any booking requests of a user may be recorded for internal training and quality purposes by Flyhighinternational or any third party appointed by Flyhighinternational.
9. Liability Limitation: Notwithstanding anything otherwise set out herein, Flyhighinternational shall in no manner be liable in any way for any in-person interactions with the vendor as a result of the booking or for the User's experience at the vendor or in the event a vendor does not honor a confirmed booking. Flyhighinternational is only a platform connecting users to the vendor and shall not be liable for any acts or omissions on part of the vendor including deficiency in service, quality of food, time taken to serve or any other experience of the user.
10. Contact Us: You may write to us at bookings @firstname.lastname@example.org for any further queries with regard to the Flyhighinternational partnership and may also contact us on the following numbers for more information:
For Rwanda: +250 788331101.
• Flyhighinternational Program
Flyhighinternational is a membership-based program available in select countries which allows its members to avail benefits offered under (i) Flyhighinternational Offers and (ii) Flyhighinternational Specials (both defined below) by a host of vendors partnered with Flyhighinternational ("Partner Vendors").
• Flyhighinternational Membership:
1. As a member of Flyhighinternational, you will be entitled to avail (i) Flyhighinternational Offers and (ii) Flyhighinternational Specials (both defined below) at Partner Vendors based on and subject to the membership plan purchased by You via the Flyhighinternational Platform read along with these Terms.
2. Your Flyhighinternational membership can only be used on a single device only. You are not permitted to access or avail benefits Flyhighinternational member on multiple devices even when you sign in using your email address registered with Flyhighinternational.
3. Benefits under Flyhighinternational Offer and Flyhighinternational Specials
(a) cannot be clubbed during the same visit in case of Flyhighinternational Unlocks.
(b) require the availing member to be present at the Partner Vendor
(c) can be redeemed at Partner Vendors only and the list of such Partner Vendors may be updated by Flyhighinternational periodically at its discretion;
(d) cannot be exchanged for cash.
(e) not valid on take away and
(f) can only be availed in the country and city where Flyhighinternational membership has been purchased, other than in Rwanda where such benefits can be availed in all the cities within Rwanda.
• Flyhighinternational Offer(s):
1. Subject to the terms and conditions set out herein, Flyhighinternational Offer(s) allows Flyhighinternational member to avail, upon redemption
2. (i) when on food, the second most expensive food item per visit as complimentary; or Flyhighinternational Offer(s) on food shall be available on all items on the menu except set menus, special menus, buffets;
3. To avail the Flyhighinternational Offer(s), a minimum of 2 people are required on the table where at least one person is a Flyhighinternational member;
4. Flyhighinternational Offer(s) can be availed only once in a given day.
5. Flyhighinternational Offer(s) cannot be clubbed with any other offers or discounts or deals or combos extended by Partner Vendor or Flyhighinternational or any other third party;
6. In order to avail Flyhighinternational Offer(s), You will be required to provide Your membership details, which shall be available on Your Flyhighinternational mobile application, to the representative of the Partner Vendor at the time of placing Your order and prior to billing.
7. Flyhighinternational Offer(s) on home delivery is valid only in Rwanda and may be redeemed as per the terms and conditions set out in clause XIII (1)
8. The member will be responsible to pay the Partner Vendor all costs and charges payable for all the other items consumed by the members, which are not covered under Flyhighinternational Offer(s). In the event that a member does not settle all costs and charges payable by him/her, Flyhighinternational shall, after ascertaining itself of the correctness of the claim of the Partne