syli.app is a proprietary Web Application Software of Verve Air (“Company”)
BY ACCESSING OR USING THIS WEBAPP [syli.app], YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS, OR USE THIS WEBAPP (“App”). As used in this Agreement, "we," "us," and "our" means Verve Air. and "you" or "your" shall mean individuals or entities accessing the syli.app (defined below).
This is a legally binding agreement and can only be agreed if you are eligible to enter into a contract as per the applicable Laws. We reserve the right to terminate your membership and / or refuse to provide access to the Verve Air Platform and services if it is brought to our notice or if it is discovered that you are not eligible.
2. User Account and Registration
While using the syli.app, you shall maintain confidentiality and secure your details of your account including User Id and Password. You will be responsible for all the activities that may occur under your name as registered member. You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification. You should inform us immediately if you know or have any reason to believe that your password has/is being used in an unauthorized manner. We reserve the right to cancel or suspend the membership.
3. End-User Account and Data Privacy
3.1 Verve Airmay by its Services, collect information relating to the devices through which you access the Mobile Web App and anonymous data of your usage. The collected information shall be used only for improving the quality of Verve Air’s services and to build new services.
3.2 This App allows us to have access to registered Users’ personal details like phone number, email for communication and for the purpose of processing your request for online Credit Card and also for obtaining feedback in relation to the User experience.
3.4 Verve Air shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Verve Air or to any other person acting on behalf of Verve Air.
3.5 The registered User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all usage on his behalf whether or not authorized by the User. The User shall immediately notify Verve Air of any actual or suspected unauthorized use of the User’s account. Although Verve Air will not be liable for your losses caused by any unauthorized use of User’s account, the User shall be liable for the losses caused to Verve Air or such other parties as the case may be, due to such unauthorized use of User’s account.
3.6 If a User provides any information that is untrue, inaccurate, past or incomplete (or becomes untrue, inaccurate, non-existing or incomplete), or Verve Air has reasonable grounds to suspect that such information is untrue, inaccurate, non-existing or incomplete, Verve Air has the right to discontinue the Services to the User at its sole discretion.
3.7 Verve Air may use such information collected from the Users from time to time for the purposes of servicing customer related issues.
4. LISTING CONTENT AND DISSEMINATING INFORMATION
4.1 Verve Air collects and displays along with relevant information the profile of the User. Verve Air takes reasonable efforts to ensure that such information is updated as and when the User changes the details. Although Verve Air scrutinises the information, photos etc. provided by the User, Verve Air cannot be held liable for any updates or inaccuracies or incompleteness represented from it, despite such reasonable efforts.
4.2 The Services provided by Verve Air or any of its licensors or service providers are provided on an "as is" and “as available’ basis, without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Verve Air does not provide or make any representation, warranty or guarantee, express or implied about the Web App or the Services. Verve Air does not guarantee the accuracy or completeness of any content or information provided by Users using the Web App. To the fullest extent permitted by law, Verve Air disclaims all liability arising out of the User’s use or reliance upon the App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the App, or any opinion or suggestion given or expressed by Verve Air or any User in relation to any User.
4.3 The Web App may be linked to the websites of third parties, affiliates and business partners where Verve Air has no control, and shall not be liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the App. The User shall access these third party websites according to their terms and conditions. Inclusion of any link on the App does not imply that Verve Air endorses the linked site. User may use the links and these services at User’s own discretion.
4.4 Verve Air assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the app or the downloading of any material, data, text, images, video content, or audio content. User shall take proper precautions to protect their devices from such eventualities like installing an Anitvirus etc. If a User is dissatisfied with the App, User’s sole remedy is to discontinue using this App immediately.
4.5 If Verve Air determines that the User has provided fraudulent, inaccurate, or incomplete information, including through feedback, Verve Air reserves the right to immediately suspend the access to the Web App or any of User accounts with Verve Air and makes such declaration on the App alongside the User name as determined by Verve Air for the protection of its business and in the interest of other Users. User shall be liable to indemnify Verve Air for any losses incurred as a result of misrepresentations or fraudulent feedback that has adversely affected Verve Air or its other Users.
5.1 It is hereby expressly clarified that, the Information that User obtain or receive from Verve Air, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Web App is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to the information provided on the App. In no event shall Verve Air be liable to you or anyone else for any decision made or action taken by you in relationship with such information.
5.2 The App allows Users to store personal details and information (“User Data”). If user contacts or exchanges information with another User(s) in person or through any means other than our Services, such activity is not covered under this agreement.
6. Payment and Cancellation Policy
6.1 Payments if any made for the services provided through the App shall be considered received only upon confirmation received from Verve Air. No claim shall be entertained if the payment is not correctly made and not received by Verve Air without using the options provided in the Web App.
6.2 Payments if any, once made by the User cannot be adjusted or cancelled without any valid reasons. Cancellation or adjustment of payments or refund shall be at the sole discretion of Verve Air and the User is not entitled to claim such amounts through any other means.
7. Recharges & Bill Payment
7.1. Verve Air shall not be considered to be in breach of or default of its duties or obligations hereunder if such default is caused due to an act of God, war, civil unrest, strike, lockout or any other force majeure events.
7.2. The amount paid by the User towards recharge/bill payment/ ticket booking etc cannot be reversed or refunded in case claimed to be wrong transaction by the User which includes and not limited to
• Recharge on wrong mobile number
• Recharge of wrong amount/plan
• Bill payment on wrong Name/Number/Connection/Customer ID
• Bill payment of wrong amount on any Name/Number/Connection/Customer ID.
• Booking of wrong tickets
7.3. Verve Air will not be responsible for the failure of transaction for any of the following reasons including but not limited to:
• Failure of our Partner Interface due to technical reasons
• Failure Airline, Hotel, Bus, Mobile/ DTH/Data card recharge, Utility bills payment and Premium payments interface
• Disruption of services on account of a reason beyond our control.
7.4. The cancellation/refund in respect of the bookings and charges, if any, will also be solely governed as per the terms and conditions of the Merchant/Vendor providing those services including any charges arising therefrom. User shall contact the respective Merchant/vendor directly in relation to any such claims.
7.5. In case if a User has initiated a recharge using the syli.app Platform resulting in debiting his account and if the recharge is not delivered within 24 hours from the completion of transaction, the User shall inform Verve Air by sending an Email to its customer service Email ID provided in the syli.app App along with all the details of the transaction – the mobile number (or DTH account number or data card or toll-tag information), operator name, recharge value, transaction date and order number. Verve Air after verification and if found genuine will refunded the money deducted from the User account within 21 working days from the date of receipt of User Email. All refunds will be credited to User syli.app account.
8. User Consent
By acknowledging the below, I understand and agree to the following services
8.2. I hereby give my consent and agree to share my contact, other details through the App.
8.3. I understand that the information obtained shall not be disclosed to any third parties without my consent except for the purpose or as per the law.
8.4. I understand that I have the right to withhold or withdraw my consent to the use of App at any point of time after clearing all my dues if any.
8.5. I understand and acknowledge that due to unanticipated technical reasons there may be an interruption during the process of approval or quality of transmission may be suboptimal resulting in delay in the process or transactions.
8.6. I understand the pros and cons of using the syli.app App.
8.7. I understand that the approval is not guaranteed as it is the sole discretion of the company and my application can be rejected due to various reasons.
8.8. I understand that if I do not use the services for more than 1 year without any dues pending, the User ID may be deactivated and my information may be deleted at the discretion of the company.
9. Content on Web App
9.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Verve Air Platform (collectively, "Content"), is either owned by us or by a third party and we have no control or rights over such third party content.
9.2 All the information, feedbacks, reviews on the Web App or Verve Air Platform is for information purposes only. We do not represent or endorse the accuracy or reliability of any content posted on any interactive area and User acknowledge that any reliance upon such content shall be at your sole risk.
9.3 No part of the Content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorization of Verve Air. User shall use information on the Services for downloading, provided that you shall not remove any proprietary notice in all copies of such documents, or you use such information only for personal or non-commercial purposes and do not copy or post such information on any website, networked computer or broadcast it in any media, or make any modifications to any such information, and you do not make any additional representations or warranties relating to such documents.
10. Conditions for Use of the Web App
User agrees, undertake and confirm that the use of Verve Air Platform shall be subject to the following terms:
10.1 User shall not host, display, upload, modify, publish, transmit, update or share any information on the App that
• belongs to another person and to which you do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of others privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harms any person in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violate any applicable law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person; send, circulate or perpetrate any information or data which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;
• make any representation which is misleading in any way;
• engage in commercial activities through the App without the prior consent of Verve Air; or
• engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of Verve Air or interferes with its functioning.
11. Responsibility of the User for Content Provided
11.1 The syli.app Web App may include a variety of features, such as discussion forums, blogs photo and Video Sharing pages, e-mail services and social networking features that allow feedback/rating to us and may also allow users to interact with each other on the Web App or to post content and materials for display on the App. By accessing and using any such features, you irrevocably agree:
• that you shall abide by the Community Rules as set forth below
• that you are the owner of any materials you post or submit, or are making your posting or submission with the express consent of the owner of the materials;
• that you are 18 years of age or older; and you alone are responsible for the materials you post on discussion forums, blogs or on other areas of the Web App.
• that the company has the right at all times, in its sole discretion, to screen content submitted by users and to edit, moderate, move, delete, and/or refuse to accept any content that in our view violates these Terms or is otherwise unacceptable or inappropriate, whether for legal or other reasons. However, we are under no obligation to monitor any discussion forums, blogs or other areas of the Web App through which users can supply information or materials. You acknowledge and agree that we may preserve content and materials submitted by you and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to:
• comply with legal process;
• enforce these Terms and Conditions;
• to claims that any content or materials submitted by you violate the rights of third parties;
• protect the rights, property, or personal safety of our Web App, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
12. Profile Ownership and Editing Rights
Verve Air reserves the right to publish, change, update or delete the User profiles and photographs, or as requested by Users. You hereby represent and warrant that the content uploaded by you as part of your profile or otherwise while using the App, and that no such content breaches any third party rights, including intellectual property rights. In case of any breach, Verve Air may modify or delete that particular part of your profile information at its sole discretion with or without any information/notice to the User.
13. Community Rules
By accessing and using any such features in discussion forums, social networking pages and blogs etc., you agree that you will be courteous, stay on topic and post your own content and will not:
• restrict or inhibit any other user from using and enjoying the Web App.
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• not use the Web App to post, transmit or in any way exploit any information, software or other material for commercial purposes.
• use the Web App to advertise or solicit to anyone to buy or sell products or services, without our express written approval.
• gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Web App
• contact anyone who has asked not to be contacted
• engage in personal attacks, harass or threaten, question the motives behind others' posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about the App and other Users.
• Repeatedly post the same or similar content. We reserve the right to deny access to the Web App or any of its features to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our Web App or infringes the rights of others.
14. Other Conditions
Services offered including limitations thereto are fully described herein.
• By accessing the syli.app App or availing the Services or by registering with us, you signify that you agree to these terms and conditions and the Policies.
• If you avail any of the services offered by any of the Partners or Associates, the services provided would be as per their own terms and conditions and Verve Air has no control over them.
• This Agreement and the Policies are subject to change from time to time, at the option of Verve Air with or without any prior notice.
• If the terms of Verve Air services or the policies (including changes thereto) are not acceptable to you, you have the absolute right to terminate the use of the services. Your use of the App after any amendment to the Terms and Policies shall constitute your acceptance and you also agree to be bound by any such changes/ revisions.
• Verve Air reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on the App) as necessary to satisfy any law, regulation or valid government request.
• We reserve the right, but under no obligation, to monitor the materials posted on the Verve Air Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law.
• Verve Air is not liable either directly or indirectly for the actions of unauthorized persons resulting in transmission of offensive, non¬public, sensitive or obscene materials on the Verve Air Platform.
15. Rating and Review
15.1 Users are allowed to rate and share comments about the services of Verve Air and its Associates without defaming or damaging their reputation.
15.2 Verve Air reserves its copyrights and such other related rights on the content and rating posted by you on the Web App. Furthermore Verve Air can use such content, re-publish, modify, reproduce, broadcast at its own discretion and such content shall be treated as Verve Air's Copyrighted material without any objection.
You shall indemnify and hold harmless Verve Air, its partners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement.
We reserve the right, to restrict, suspend or terminate your account and access to all or any part of the Verve Air Platform, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your account at any time, for any reason, by deleting your account on the Web App or by emailing us. This Agreement shall survive for one year after termination of your membership. We may change, suspend or discontinue all or any aspect of the Verve Air Platform at any time, including the availability of any feature, database, or content (including the discussion areas), without prior notice.
18. Disclaimer of Warranties; Limitation of Liability
Verve Air PLATFORM AND THE SERVICES ARE PROVIDED ON "AS IS," BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. USER(S) ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE Web App SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER VERVE AIR NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS AGREEMENT. VERVE AIR IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE VERVE AIR PLATFORM AND THE SERVICES AND/OR WEB APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE VERVE AIR SERVICES, AND/OR WEB APPS IS TO STOP USING THEM.
19. Governing Law, Arbitration & Jurisdiction
This Agreement shall be governed by and construed in accordance with laws of Greece and the Courts in Athens shall have exclusive Jurisdiction.
You consent to receive/ communicate data, information, updates from Verve Air regarding the Services, through valid modes of communication which includes but not limited to emails, messages etc. We provide you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us after setting up an account. If you wish to remove your contact information from all Verve Air communication lists and newsletters, please communicate the same in writing to Verve Air.