1) Introduction

Welcome to www.bizflyhigh.com, a Social platform offering skill-based business offerings.

www.bizflyhigh.com is an eCommerce platform for skill-based businesses to list, market and manage their business and is owned by Collab Solutions Private Limited, Pune, MH, India hereafter referred as “Biz Fly High”, “Company”, “Platform”, “We”, “Us”, “Our”.

By visiting the website, you acknowledge and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) including privacy policy and other policies mentioned within the website or in mobile app. These Terms of Service apply to all users of the site, including without limitation users who are browsers, sellers, customers, and/ or supplier in any capacity hereafter referred as “User”, “Client”, “You”, “Your”, “Buyer”, “Seller”.

If you do not agree to all the terms and conditions of this agreement or cannot comply with any of them, please contact us and we will try to find a solution.

2) Registration/Account Creation

Account creation with www.bizflyhigh.com, represents that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. You are responsible for maintaining the confidentiality of your account and password, including but not limited to all the activities or actions that occur under your account and/or password. We reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in our sole discretion.

3) License to Use Platform

Unless otherwise stated, “Biz Fly High” and/or its licensors own the intellectual property rights on the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

Subject to Your compliance with the terms and conditions set out in this Terms of Use, Biz Fly High hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the website within acceptable way which includes but not limited to

The list of prohibited activities is including below but not limited to

4) Communication

We will be communicating with you via email, SMS and dashboard specifically designed for you. You consent to receive such communications through any mode including SMS, e-mail, phone calls etc. If at any time, now or in the future, you decide to change your preferences and details, please visit dashboard, and update the changes.

5) Scope of Service/Platform

www.bizflyhigh.com is a platform for people engaged in skill-based business such as

• they produce based on a specific skill such as crafts, paintings, food items or similar things,
• they impart training of the skill to individuals or groups
• they provider services arising of specialization in the skill
• organize events related to various skills or functions associated with business.

The platform will facilitate searching of above based on the location of buyer and availability of offering in the region. Biz Fly High platform is available in website and mobiles (iOS and Android).

We will be responsible for all customer service issues relating to handling, shipment and customer returns, refunds and adjustments related to Your Product. We will determine on your behalf, whether a customer will receive a refund, adjustment or replacement and we will require you to reimburse us where we determine you have responsibility in accordance with the Seller T&C.

Biz Fly High right to determine, the design, content, functionality, availability and appropriateness of its platform, application, selection and any product or listing on the Biz Fly High.

6) Buyer Account Terms

Upon providing all necessary details, you can register as a buyer in the platform as per terms and conditions defined here. All the data provided by you and collected while usage of the platform is governed by the privacy policy.

You agree, understand, and acknowledge that the Biz Fly High is an online platform that enables you to purchase offerings by Skill-based businesses in your area at the price indicated. You further agree and acknowledge that the BFH is only a facilitator and is not and cannot be a party to or control in any manner any transactions on or via the platform. Accordingly, the contract of sale of products on the platform shall be a strictly bipartite contract between you and the seller(s) on the platform seller(s).

1. Buyers – Order and Shipment

Based on the listings available in the web platform, you can order for the quantity available at the price mentioned. The prices, applicable taxes are as per details available on the platform. You will have multiple options for online payment including credit card, debit card, wallets, and Net banking along with offline payment i.e. cash on delivery. Similarly, for shipping you can choose for home delivery or self-pickup based on product or your convenience.

The orders are fulfilled by individual business and supplied through various delivery partners. Despite of best possible efforts, this could have scope of human errors. Biz Fly High does not guarantee error free delivery and should not be held responsible for delay or consequential damages.

     2. Buyer – Queries, Review and Feedback

As a buyer you have open channels for queries to the seller, before and during purchase process. Post that you can provide feedback to seller and post a review for making the platform a better and reliable place for all the community members. All the contents should follow below terms

• You may post reviews, comments, provide ratings and submit suggestions, ideas, comments, questions, or other information, so long as such content does not constitute Objectionable Content
• In the event you use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content, we reserves the right (but not the obligation) to remove, refuse, delete or edit any such content
• The key considerations for reviews and ratings are to benefit the community and hence it must be constructive and not to be used for wrong and damaging way for the sellers or Biz Fly High.
• Biz Fly High reserves the right to publish or remove the feedback/review or ratings.

     3. Buyer- Returns and Refund

Considering the nature of offerings i.e. personalized and offered by individuals, returns and exchanges are specific to the offering. It is explicitly mentioned in the offering detail page and will be abiding in all scenarios.

7) Seller Account Terms

1. Seller – Registration

Upon providing all necessary details to create your store, we will approve the seller account for you. The account will entitle you for promotion of yourself and offerings, communication with prospect and customers, managing orders and variety of reports. Your relationship with us is that of a non-exclusive independent contractor and nothing in these Seller T&C will be construed to create a partnership, association of persons, agency, franchise, or employment relationship between the parties.

During Your use of the Seller Services, you may be privacy to Confidential Information. You agree that during the Term and for a period of two (2) years after termination:

• All Confidential Information will remain BFH’s exclusive property, save and except customer personal data, owned by the respective customer.
• You will not, directly, or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third party, except as required to comply with law; and
• You may not use any customer personal data (including contact information) for any purpose other than fulfilling orders.

     2. Seller – Listings

You will, in accordance with applicable Policies, provide accurate and complete Required Information for each of your offering and promptly update such information as necessary to ensure it remains accurate and complete for all the items. Biz Fly High will review the postings for compliance of policies and completeness of the listing.

You will ensure that Your Materials and Your Products (including packaging) comply with all Applicable Laws (including all marking and labelling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for sale on the Biz Fly High platform, any Excluded Products. Biz Fly High reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the Biz Fly High platform.

We will list Your Products for sale on the Biz Fly High platform in the applicable categories upon your completion of the Enrolment process as per Seller Registration, conduct merchandising and promote Your Products and any other functions, features, advertising, or programs relating thereto.

We may use mechanisms that rate or allow registered customers on the Biz Fly High platform to rate Your Products and/or your performance as a Seller on the platform and we may make these ratings and feedback publicly available.

     3. Seller – Fulfillment

• You will be notified by email and SMS for new orders and it is your responsibility to check the seller dashboard for new orders every day. Upon order, you need to pack the Products in a commercially reasonable manner for the safety and transportation ability of the product via courier.
• In case of Training orders, it is a responsibility to send confirmation at the earliest and keep the users up to date with pre-requisites and event details.
• In case of services bookings, you need to coordinate with buyer for special details of the order and prepare the same at earliest for the best experience.
• In case of events booking, you need to send the ticket confirmation at the earliest and keep the users up to date with pre-requisites and event details.
• You will not modify or cancel any of Your Transactions except as may be permitted pursuant to your terms and conditions agreed at the time of the applicable order or as may be required under the Seller T&C

     4. Seller- Issues in the Order

• You will be notified by email and SMS for the issues reported by the buyers and it is your responsibility to check the seller dashboard every day
• You are responsible for any non-conformity or defect in, or any public or private recall of any of Your Products or if the wrong/partial item was delivered to the customer.
• If we find that a claim or dispute is your responsibility, you
1. will not take recourse against the customer, and
2. are responsible for reimbursing us for the amount paid by the customer (including taxes and shipping and handling charges but excluding any Biz Fly High Fees/Charges that we retained as defined in the Seller-Compensation section below).
• For all other cases, the return and refund or exchange policies defined in the offering will be applicable.
• In situations where the item was damaged or lost or is missing during the delivery process, we will, at our option, process a refund to the customer and pay you the replacement value for the product. Any customer refund will be processed in accordance with these Biz Fly High Seller Service Terms and the applicable Returns and Refund Policy.

     5. Seller – Compensation

• You will pay us:
1. the applicable SEG Fee and Charges (including GST, where applicable); and
2. the non-refundable Subscription Fee, during the Term and as specified in the Fee Schedule. All taxes or surcharges imposed on fees payable by you will be your responsibility.

8) Advertisements

The App may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant, its Goods, or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its Goods and/or services.

The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

9) Reward/Cashback

The User agrees to the below terms and conditions pertaining to Rewards/ Cashback:

• The Company reserves the right to launch and withdraw/ discontinue its Rewards/ Cashback program, as per the Company’s policies, as modified from time to time.
• In the event of any User being indulged in any suspicious or fraudulent activities without any notice/intimation withdraw the Rewards/ Cashback benefits accrued to the account of such User.
• The unclaimed Rewards/ Cashback benefits will expire as per the Company policies.
• The Company does not guarantee any Rewards/ Cashback benefits.

10) Disclaimer

• Every effort has been made to avoid errors or omissions in the Biz Fly High Platform i.e. website and Mobile App. Any mistake, error or discrepancy noted by you may be brought to our notice, will be fixed at earliest. It is hereby notified that Biz Fly High will not be responsible for any damage or loss to anyone, of any kind, in any manner arising therefrom.
• While every effort is made to make the platform safe, Due to large number of users generating and upload content, You may be exposed to User Content from a variety of sources, and that Biz Fly High is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that are inaccurate, offensive, indecent harmful or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Biz Fly High with respect thereto.
• Biz Fly High makes no warranties or representations with respect to the accuracy, contents, quality, quantity, or performance of the products displayed or sold through the Biz Fly High Mobile App. It particularly disclaims any implied warranty of fitness for any particular purpose.
• Biz Fly High has taken reasonable care to ensure that the website and Mobile App is bug-free, however, any use of the website and Mobile App is at your own risk and you are advised to ensure that your mobile device is reasonably protected by anti-virus software.
• Any claims made by sales literature or sales persons do not constitute warranties. Because of the diversity of offerings (Products, trainings, Events, Services) listed on the platform, Biz Fly High cannot make any warranty of fitness for a particular purpose. The entire risk of purchasing and/or using such offerings must be assumed by you. In any event, any liability of Biz Fly High is limited exclusively to refund of the purchase price of any such defective offering purchased through the website or app , provided however, that such defective offering(s) are returned to Biz Fly High as per our Return & Refund Policy of the product particular.
• You will be duly notified if we make any fundamental changes to either this EULA or the Terms of Use of the platform, which casts an additional obligation / liability on you.

11) Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Biz Fly High website or App infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject “Copyright Violation” and include in your claim a detailed description of the alleged Infringement as detailed below, under “copyright act 1957”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through Service on your copyright.

12) Intellectual Property

Biz Fly High website, mobile app, and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Biz Fly High and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Biz Fly High.

13) Limitation of Liability

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event will “Biz Fly High” including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service.

14) Indemnification

You agree to indemnify, defend and hold harmless “Biz Fly High”, its employees, directors, officers, agents, service providers, suppliers and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses including attorney’s fees caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Biz Fly High.

15) Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

16) Governing Law

These Terms of Service and any separate agreements whereby we provide you any kind of services shall be governed by and construed in accordance with the laws of India. Only the courts in the city of Pune, Maharashtra, India have jurisdiction over this agreement and any lawsuits filed thereunder.

17) Changes to the Terms and Conditions

We reserve the right, at our sole discretion, to amend, update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check the most current version of the Terms of Service on the website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. We will keep you notified via email or notifications for the changes in the policy.

18) Entire agreement

These terms and conditions, together with documents, constitute the entire agreement between you and BFH in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

19) Contact Us

For any feedback, comments, and requests for any support, you can contact us at:

Biz Fly High Office no.101, First floor, Wakad Business Bay, Wakad, Pune, MH, India - 411057 Tel: +91 7722 01 5566 Email: [email protected]