Last updated on November 3rd, 2025
Platform Terms of use
Last updated on November 3rd, 2025
These platform terms of use (the “Terms”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “Customer” or “User”) access and register on the web-based platform www.scapia.cards and / or the app “Scapia: A Card for Travellers” (the “Platform”), operated and managed by Scapia Technology Private Limited having its registered office at 2nd floor, Tower B, Mantri Commercio, Kariyammana Agrahara, Bellandur, Bengaluru, Karnataka 560103 India (hereinafter referred to as “Scapia”, “Our” or the “Company”).
The Terms are an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. The Terms is (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Rules”) and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures from Scapia.
Scapia retains an unconditional right to modify or amend these Terms and Privacy Policy and notify You of the same. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check the Terms periodically for changes.
Please read these Terms and Our Privacy Policy (“Privacy Policy”) carefully before using or registering on the Platform or accessing any material or information through the Platform. By clicking on the “I accept” button provided at the signup page, You accept these Terms and the Privacy Policy and agree to be legally bound by the same.
Further, by furnishing Your information to Us or by giving Your consent to Scapia to access Your information as provided under Our Privacy Policy for the purpose of rendering Platform Services (as defined below), You also agree that You are interested in availing the services in accordance with these Terms.
Services
You acknowledge that the Platform allows You to avail the following services including:
Platform Services: The Company provides You a limited, non–exclusive, non–transferable, royalty free licence to use the Platform for the purposes of registering on the Platform, accessing the Content (as defined below) and availing Credit Card Services (defined below) and Travel Services (defined below) through the Platform. The aggregation and facilitation services provided by the Company in relation to Credit Card Services and Travel Services shall collectively hereinafter be referred to as “Platform Services”.
Credit Card Services: The Company has partnered with banks to issue the ‘Scapia Co-branded Credit Card’ (“Card Issuer”). Usage of the Scapia Co-branded Credit Card shall be subject to the general terms and conditions found here (“Credit Card Terms”). By using Your Scapia Co-branded Credit Card, You are automatically enrolled in the ‘Scapia Rewards Programme’. Scapia Rewards/Loyalty Programme will be administered through the following three categories (i) Scapia Coins (ii) Scapia Benefits and (iii) Scapia Offers. The specific terms and conditions in relation to Scapia Rewards Programme can be found in the Credit Card Terms here. The facilitation for availing the ‘Scapia Co-branded Credit Card’ and the administration of the Scapia Rewards/Loyalty Programme including the provision of Scapia Coins, Scapia Benefits and Scapia Offers based on spends made by You using the ‘Scapia Co-branded Credit Card’ along with the redemption of Scapia Coins on the Platform or otherwise shall be collectively referred to as “Credit Card Services.” It is hereby clarified that, in relation to the Credit Card Services, Scapia is merely a co-branding partner of the Card Issuer, all services in relation to the transactions undertaken by You using the ‘Scapia Co-branded Credit Card’ are solely by the Card Issuer. In no event should Scapia be construed to be issuing the ‘Scapia Co-branded Credit Card’ and/or to be facilitating payment transactions through the Scapia Co-branded Credit Card, unless otherwise explicitly set out in these Terms and/or in the Credit Card Terms.
UPI Services: The Unified Payments Interface (“UPI”) is a payment platform built by the National Payments Corporation of India (“NPCI”) that allows instant online payments between the bank accounts of any two parties. UPI offers an architecture and a set of standard API specifications to facilitate these online payments. It aims to simplify and provide a single interface across all NPCI systems besides creating interoperability and superior customer experience. The Company is a Third-Party Application Provider (“TPAP”) authorized by NPCI to facilitate payments through its partner sponsor payment service provider bank(s) (“PSP Bank(s)”). The Company enables Users to make UPI payments on its Platform using features provided by NPCI from time to time. These include (but not limited to) payment using Virtual Payment Address (VPA)/UPI ID, Mobile number, Bank Transfer, and Scan & Pay. The Company, in the capacity of a TPAP through the Platform provides payment services to You in transactions involving the payment request made by You for sending or receiving payments to and from Your bank account linked for this purpose on the Platform along with features like UPI Lite and bill payments through Scapia UPI (“UPI Payment Services”). As NPCI keeps on bringing new features to the UPI payment ecosystem, Scapia will also add these features on the Platform. These include UPI Global, Credit on UPI, etc. as per the directions of NPCI. Scapia will also use the UPI payment ecosystem to provide better customer experience on other features/products where any payment needs to be done by the User. This may include (but not limited to) EMI repayments, etc. UPI services as outlined herein shall be governed by these Terms, our agreement(s) with NPCI and PSP(s), applicable laws and such other terms and conditions as may be published by Scapia from time to time..
Travel Services: Scapia provides the Service of aggregating inventory and options provided by various service providers, merchants and aggregators and facilitating booking for various travel related services through its Platform. The travel services facilitated on the Platform may include: (a) domestic and international hotel/stays/accommodations booking; (b) domestic and international flight ticket booking (including Scapia FlexiFly – explained below); (c) train and bus ticket booking; (d) Visa services; (e) ‘Unmapped’ tours and excursions local; (f) outstation and airport cab/taxi services; (g) self-drive cars for rentals; (h) travel insurances etc. and (i) addressing customers’ queries and grievances and providing a single point of contact in relation to the above-mentioned services booked through the Platform (collectively “Travel Services”). A description each of the Travel Services facilitated on the Platform and the applicable terms and conditions thereof have been provided below.
Hotels/Stays/Accommodations: You may book various categories of accommodations such as hotels, homestays, bed and breakfast stays, farmhouses and any other alternate accommodations (“Stays”) on the Platform. Please note that all services in relation to the Stays are provided by the Stays themselves, Scapia merely acts in the capacity of an intermediary facilitating bookings by You through the Platform. All information pertaining to the Stays including but not limited to the category of the Stay, images, room type, amenities and facilities available at the Stay, check-in and check-out times, amenities etc. are as per the information provided to Scapia by the Stay. All information regarding the Stay provided on the Platform is for reference only. Notwithstanding anything to the contrary in these Terms or any other terms and conditions of Scapia or on the Platform, any discrepancy that may exist between the information provided on the Platform and the actual settings of the Stay shall be raised by the User with the Stay and shall be resolved between the User and the Stay directly without the involvement of Scapia. In no event shall Scapia be responsible or liable for any loss or damages caused to You arising from any such information provided by the Stay. You also acknowledge and understand that in no circumstances can Scapia be held liable for failure on part of a Stay to accommodate the User with a confirmed booking, the standard of service or any insufficiency in the services, or any other service-related issues at the Stay. Scapia’s liability in case of denial of check-in by a hotel for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms etc., will be limited to either providing a similar alternate Stay at its discretion (subject to availability) or refunding the booking amount (to the extent paid) to the User. Any other service-related issues should be directly resolved by the User with the Stay. You understand and agree that You would be liable to make good any damage(s) caused by any act of him/ her/ or their accompanying guests (inadvertent or wilful) to the property of the Stay in any manner whatsoever. The extent and the amount of the damage so caused would be determined by the concerned Stay, the Company shall not in any be responsible to You or the Stay or intervene in this regard. You may be required to be in possession of a valid identity proof and address proof, at the time of check-in. The Stay shall be within its rights to deny check-in to a User if a valid identity proof is not presented at the time of check-in. The relevant Stay shall be responsible for all information collected by them from You, the Company disclaims all responsibility and liability regarding any information (including any identity proof) that You may provide to the Stay. Some bookings may include breakfast and/ or meals as confirmed at the time of booking. Any other services utilized by You at the Stay including laundry, room service, internet, telephone, extra food, drinks, beverages etc. shall be paid by You directly at the Stay. Stays may also charge additional fees such as a mandatory meal surcharge on festive periods as may be decided by the Stay All additional charges (including mandatory meal surcharges) need to be cleared directly at the Stay. The Company will have no control over any such additional fees or their waiver thereof.
Flight Bookings: Scapia provides a Platform for You to book domestic and international flight tickets. Please note that all flight bookings through the Platform are subject to the terms & conditions of the concerned airline, including but not limited to cancellation, rescheduling and refund policies. Scapia merely acts as a facilitator between You and the relevant airline. The contract of service for utilization of the flight is always between You and the relevant airline. You acknowledge and understand that Airlines retain the right to reschedule flight times, route, change or cancel flights or itineraries independent of and without prior intimation to the Company or You, as a facilitator, the Company has no control or authority over the logistics of the airlines and therefore is not liable for any loss, direct or incidental, that a User may incur due to such change or cancellation of a flight. Further, please note that different tickets on the same airline may carry different restrictions or include different services and price as may be decided by the relevant airline – You agree to such restrictions or different services and charges by booking the ticket. All information regarding baggage and the handling of Your baggage thereof shall be as per the policies of the relevant airline, Scapia does not control any aspect of the handling of Your baggage and shall be responsible or liable for any loss or damage caused to you by the relevant airline. The baggage allowance on given fare is as per the terms decided by the airline, Scapia has no role to play in the same. Some of the fares shown in the booking flow are "hand baggage fares" which do not entitle the User for free check in baggage and therefore the User will be required to pay separately for check in baggage. The prices for adding check-in baggage to a booking may vary from airline to airline. You are advised to contact the airlines for detailed costs. The total price displayed on the Website on the payment page usually includes base fare, applicable government taxes and convenience fee. Users are required to pay the entire amount prior to the confirmation of their booking(s). In the event the User does not pay the entire amount, the Company reserves its right to cancel the booking. User agrees to pay all statutory taxes, surcharges and fees, as applicable on the date of travel. In case of infants, please note that the airlines may have separate fares, to avail infant fares, the age of the child must be under 24 months throughout the entire itinerary. This includes both onward and return journeys. If the infant is 24 months or above on the return journey, User will be required to make a separate booking using a child fare. Any infants or children must be accompanied by an adult as per the terms of the airlines. You hereby acknowledge and agree that it shall be Your sole responsibility to ensure that You are in possession of valid travel documents such as identity proof, passport, visa (including transit visa) etc. to undertake the travel, in case of inability to travel for not carrying valid travel documents, the Company shall in no way be responsible or liable – any information that Scapia may provide (if any) regarding Your travel documentation is only advisory in nature and can't be considered conclusive. The User shall ensure checking the requirements of travel with the respective airlines of the respective jurisdictions the User may transit through or choose to visit. Please note that it shall be Your responsibility to check with the airlines directly regarding the check-in timings. Usually, check-in begins 2 hours before departure for domestic flights, and 3 hours before departure for international flights. Unless otherwise specifically stated otherwise in these Terms, please note that all changes to your flight bookings, cancellations and refunds will be governed by the terms and conditions of the relevant airline, Scapia merely acts as a facilitator in this regard.
Scapia FlexiFly: Subject to the foregoing terms on flight bookings, if You are uncertain about Your travel plans and might wish to cancel Your flight for any reason, the Company offers free cancellation on domestic flights through ‘Scapia FlexiFly’ facility. You can learn more about the ‘Scapia FlexiFly’ facility here:
The Scapia FlexiFly fee paid for this fare is not refundable in any circumstance. In case passenger cancels through the airline directly, he/she must inform Scapia at least 26 (twenty-six) hours before departure time to avail cancellation waiver. The Scapia FlexiFly Facility is valid only for domestic flights with departure date within 90 (ninety) days from date on which the flight was booked. The Scapia FlexiFly Facility can be availed only through the Scapia platform and is not available on any third party website or platform. Cancellation of the flight will have to be done at least 26 (twenty-six) hours before the date of departure to avail third-party on waiver under the Scapia FlexiFly facility. Such cancellation waiver and refund will at all times be subject to the refund window. In no instance will You be entitled to any amount in excess of the actual ticket fare paid by You. The maximum that you may receive as a refund for cancellation of tickets shall be an amount equal to the ticket fare paid by you excluding the convenience fee and Scapia FlexiFly fee irrespective of the cancellation policies of the relevant airline. The processing fee paid for availing Scapia FlexiFly Facility (Scapia Flexi Fly fee) is non-refundable under any circumstance. In case of cancellation, refund will be credited to the source account. Scapia Coins earned on this ticket will be reversed in case of cancellation. No additional Scapia cancellation fee will be charged in case of cancellation. The cancellation fee waiver under the Scapia FlexiFly Facility cannot be availed in case of airline insolvency, if the passenger is denied boarding, acts of terrorism etc.
Bus Bookings: Scapia allows Users to search, compare, and book bus tickets from a wide range of independent Travel Service Providers (explained below). Acting purely as a technology facilitator, Scapia simplifies the process of finding and reserving seats by consolidating the information shared by bus operators onto a single, easy-to-use interface. Scapia allows Users to access essential travel details such as bus schedules, routes, fares, available amenities, seat types, and promotional offers, all of which are supplied by the Travel Service Providers themselves. Scapia does not operate buses or directly deliver transportation services, nor does it serve as an agent for the operators. Instead, it provides a seamless booking experience by making this information readily available and enabling Users to make reservations in real time, based entirely on the data furnished by the respective Travel Service Providers. All information regarding bus booking on the Platform are for reference purposes only. Notwithstanding anything to the contrary in these Terms or any other terms and conditions of Scapia or on the Platform, Scapia shall not be responsible or liable for any loss or damages caused to You arising from any such information provided by the Travel Service Providers. For more information regarding Your rights and obligations regarding bus bookings, You may refer to Our Bus Terms and Conditions here. By accepting these Terms and/or by availing services in relation to bus bookings on the Platform, You hereby acknowledge that You have read and understood Our Bus Terms and Conditions and have provided Your explicit consent to be bound by the terms set out therein.
Train Bookings: You may make train bookings through the Platform. Scapia allows Users to search for and book train tickets through partnership with third-party train booking service operators including but not limited to Indian Railway Catering and Tourism Corporation (“IRCTC”) (“Train Booking Operators”). Scapia acts only as a facilitator and merely facilitates Users to search for desired train tickets to be booked through Train Booking Operators. All bookings or train reservations made through the Platform are subject to the applicable Terms & Conditions as set out by Indian Railways and Train Booking Operators. All matters relating to ticket confirmation, cancellations, rescheduling, changes from Reservation Against Cancellation to confirmed, delays, berth or meal preferences, and any other service-related issues are the responsibility of Indian Railways and/or the Train Booking Operator. Scapia has no control over the aforesaid aspects and shall not be liable for deficiencies in service or for the availability or unavailability of tickets on the Platform. Notwithstanding anything to the contrary in these Terms or any other terms and conditions of Scapia or on the Platform, Scapia shall not be responsible or liable for any loss or damages caused to You arising from any information provided by the Indian Railways or IRCTC or any other Train Booking Operator which may be displayed on the Platform. For more information regarding Your rights and obligations regarding train bookings You may refer to Our Train Terms and Conditions here. By accepting these Terms and/or by availing services in relation to train bookings on the Platform, You hereby acknowledge that You have read and understood Our Train Terms and Conditions and have provided Your explicit consent to be bound by the terms set out therein.
Visa Services: Scapia facilitates Users to submit visa applications to relevant authorities for Users to travel to various jurisdictions across the world. In this regard, Scapia will collect the required information to fill / verify Your visa application and submit the same to relevant authorities or authorized visa operators for processing. In doing so, Scapia may collect and retain personal and other required information for a limited period in line with Our Privacy Policy, solely for the purpose of completing the visa application process. All visa-related services and booking options are accessible through the Platform. The Platform displays details such as the status of the application, visa appointment dates and times (where applicable), estimated processing timelines, and applicable government or embassy fees. These updates are provided on a best-efforts basis and may change based on information from the authorities. Users acknowledge that appointment slots, estimated times of arrival, or other timelines shown on the platform are indicative only and not binding on Scapia. Prices, service details, promotional offers, and discounts for visa services are updated by Scapia from time to time, and the availability of such offers is determined solely at Scapia’s discretion, subject to user eligibility. You may refer to our Scapia Visa Terms available here. for more information regarding Our visa services. By accepting these Terms and/or by availing services in relation to Our Visa services, on the Platform, You hereby acknowledge that You have read and understood the Scapia Visa Terms and Conditions and have provided Your explicit consent to be bound by the terms set out therein.
Provision of Travel Services: You agree and acknowledge that the Company only provides Platform Services and facilitates the booking of the Travel Services on the Platform and/or may play a limited role in the provision of such Travel Services as explained above. The Travel Services availed by You through the Platform are provided to You by third party service providers (“Travel Service Providers”). Alternatively, You may avail Travel Services through third party travel aggregators (both online and offline) who have partnered with Us through their respective merchants and service providers (collectively “Travel Aggregators”). You acknowledge that Scapia provides You Platform Services in the capacity of an intermediary and under no circumstances should You expect Scapia to provide Travel Services directly to You or be responsible for any deficiency or failure in providing You the Travel Services. Further, You understand that all responsibility with regard to compliance with applicable laws vide the Travel Services shall be on the Travel Service Providers and/or Travel Aggregators and in no circumstance will the Company be required to acquire licenses or comply with such other requirements with regard to Travel Services under applicable laws. The Travel Services provided by Travel Service Providers and/or Travel Aggregators may be subject to separate terms and conditions or such other agreement between You and the Travel Service Provider(s) and/or Travel Aggregator(s), You agree and acknowledge that Scapia is neither a party to such terms nor will it be liable thereunder for any reason whatsoever. The Company may choose to club Travel Service offerings of different Travel Service Providers and list them as a package or a consolidated bouquet of Travel Services on its Platform. The Platform facilitating the availability of such bouquet of Travel Services on the Platform, to be provided by third party Travel Service Providers or Travel Aggregators, shall form a part of the Platform Services provided by the Company. In relation to such consolidated Travel Services, You acknowledge and understand that the Company merely consolidates Travel Service offerings of different kinds from different Travel Service Providers and/or Travel Aggregators for the benefit of the Users and accordingly no such clubbed Travel Service offerings shall be construed to mean these Travel Services are provided by the Company. The respective Travel Service Providers or Travel Aggregators offering each of the individual Travel Services in such combined packages shall be responsible for the Travel Services provided to You in the manner stipulated in this Section 1.1.
Online Store Services: The Platform has been integrated with an online store titled ‘Scapia Store’, which is operated and managed by Revolutionary Kommerce Private Limited (“Online Store”). This Online Store is solely operated, managed and owned by Revolutionary Kommerce Private Limited (“RKPL”), to the total exclusion of Scapia, and is governed by the terms of use of the Online Store available here. The Online Store allows You to inter alia browse goods and place orders on the Online Store for purchase of such goods, The entire process, terms, conditions, policies, and other details relating to the Online Store and the Online Store related services shall be governed exclusively by the Online Store Terms to the exclusion of these Terms and Scapia. It is hereby clarified that Scapia plays only a facilitative role in relation to the Online Store by providing certain services to RKPL for the operation and integration of the Online Store on the Platform pursuant to its inter se arrangement with RKPL. All contracts and arrangements in relation to the Online Store shall be inter se between You and RKPL, to the total exclusion of Scapia. For the avoidance of doubt, Scapia disclaims all liability arising from or in connection with the Online Store, the goods, the sellers, or any transactions or interactions undertaken by You on or through the Online Store. All responsibility and liability in connection with the Online Store shall vest solely with RKPL.
“Disclaimer”
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Online Store integrated within the Scapia Platform is owned, operated, and managed solely by RKPL, and Scapia merely facilitates the technical integration and provides limited backend and support services to RKPL for the purpose of enabling Users to access the Online Store through the Platform. Scapia does not own, operate, manage, or control the Online Store, the goods made available thereon, or the Online Store related services provided by RKPL or its sellers. All goods, content, materials, information, and services available on or through the Online Store are provided solely by RKPL and/or its sellers on an “as is” and “as available” basis, without any representation, warranty, or guarantee of any kind, whether express, implied, statutory, or otherwise, including, without limitation, implied warranties of title, non-infringement, merchantability, satisfactory quality, accuracy, completeness, reliability, or fitness for a particular purpose.
Scapia does not warrant that the Online Store or the Online Store related services will be uninterrupted, timely, secure, or error-free, that any defects will be corrected, or that the Online Store or the servers that make it available are free of viruses or other harmful components. Scapia makes no representation or warranty as to the quality, suitability, reliability, timeliness, safety, legality, performance, or any other aspect of the goods, Online Store relate services, or other offerings made available by RKPL or any seller through the Online Store, or that such goods or Services will meet Your requirements or expectations.
Any material, data, or information downloaded or otherwise obtained through the Online Store is accessed entirely at Your own discretion and risk, and You will be solely responsible for any damage to Your device or loss of data resulting therefrom.
Scapia disclaims all liability arising out of or in connection with (i) any errors, inaccuracies, or omissions in any content or information made available through the Online Store; (ii) any acts, omissions, or defaults of RKPL or any seller, including but not limited to cancellations, pricing errors, deficiencies in service, delays in delivery, or quality or safety of the goods; (iii) any failure or delay in processing payments, or any issues related to payment gateways or third-party payment service providers; (iv) any unauthorized access to or alteration of Your transmissions or data; and (v) any interruptions, suspensions, or unavailability of the Online Store due to maintenance, technical issues, or events beyond Scapia’s reasonable control.
To the fullest extent permitted by applicable law, Scapia and its affiliates, officers, directors, employees, agents, representatives, and partners shall not be liable to You or any third party for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with Your access to, use of, or inability to use the Online Store or any goods, Online Store related services, or content made available therein, even if Scapia has been advised of the possibility of such damages. All responsibility and liability in relation to the Online Store, the Online Store related services, the goods, and any transactions or interactions undertaken by Users through the Online Store shall vest solely and exclusively with RKPL.”
Experiences: Scapia has partnered with Headout Inc. (“Headout”) to provide a Platform for You to book tickets for tours, activities and other products or services (“Activities”) that are owned, established, operated, offered or managed by tour operators, activity organizers, attractions, travel agents and ticket suppliers (“Supply Partners”); please note that the actual purchase of a ticket will be deemed to be concluded between the User and Headout. Scapia merely acts in the capacity of an intermediary facilitating bookings by You through the Platform. All information pertaining to the Activities are as per the information provided to Scapia by Headout. Notwithstanding anything to the contrary in these Terms or any other terms and conditions of Scapia or on the Platform, any discrepancy that may exist between the information provided on the Platform and the actual settings of the Activities shall be raised by the User with the Supply Partner and shall be resolved between the User and Supply Partner directly without the involvement of Scapia. In no event shall Scapia be responsible or liable for any loss or damages caused to You arising from any such information provided by the Supply Partners. You also acknowledge and understand that in no circumstances can Scapia be held liable for failure on part of a Supply Partner to accommodate the User with the standard of service or any insufficiency in the services, or any other service-related issues with the Activities. In case if User is not able to avail the tickets booked due to a Force Majeure Event (defined below), Scapia will process the refund to the User within [7] business days of receipt of refund from Headout. Any other service-related issues should be directly resolved by the User with the Supply Partner.
All Platform Services are provided to You on a principal-to-principal basis between You and the Company. Nothing herein is intended to nor be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.
As part of the Platform Services provided to You, You agree to provide honest feedback/review about Our Platform Services or the Travel Services provided by Travel Service Provider or Travel Aggregators, if required by the Company.
The Company does not: (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise at the time of facilitating booking of third-party Travel Services; and (ii) discriminate between Users of the same class or make any arbitrarily classification of the Users.
The Company may, at its discretion, add, modify, or remove any of the services listed above from time to time without special notice to You.
The Company may, from time to time, at its discretion provide special discounts or run certain offers/ marketing campaigns either on its own or in partnership with third parties. These discounts, offers/ marketing campaigns are valid for a specified time-period and are subject to additional terms and conditions. The relevant terms and conditions of discounts, offers/ marketing campaigns as and when they are available will be published on the Platform.
Eligibility to Use
Subject to the conditions under Section 3 below, the use and access to the Platform is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. You hereby represent that You are: (i) of legal age to form a binding contract i.e., above 18 (eighteen) years of age (ii) not a person barred from receiving the services from the Company under the applicable laws and (iii) competent to enter into a binding contract. In case You are accessing the Platform as a representative of and on behalf of a legal entity or organisation, (i) You represent and warrant that You have the full authority to represent the legal entity and have power to bind them; and (ii) You understand that the Privacy Policy, upon acceptance by You, is applicable to and binds all other persons accessing or using the Platform and the Platform Services on behalf of the same legal entity or organisation for this purpose. Further, You agree and acknowledge that provision of certain Platform Services to You shall be subject to You passing the credit assessment checks that the Company may undertake in the process of creating Your Account (defined below) on the Platform.
User Account, Password and Security
You may browse certain sections of the Platform without being registered with Us. However, to avail the Platform Services, Travel Services or the Credit Card Services, You are required to set up an account on the Platform by providing such information as may be required by the Company as provided under the Privacy Policy (“Account”). You may create Your Account on the Platform by signing up with Your phone number verified by a one-time password generated by the Company for this purpose and by passing the credit assessment checks that the Company may undertake as provided under these Terms.
You are prohibited from selling, trading, or otherwise transferring Your Account to another party. Use of Platform Services by any individual other than the person to whom the Account belongs is strictly prohibited and may result in cancellation of Services availed and / or deactivation of the Account without any prior notice. Further, You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request the Company for an information revision or update. If You provide any information that is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to refuse or reject providing Platform Services to You on the Platform.
You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials that You use to access the Platform and for any activities or actions under Your Account. You are encouraged to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your Account and with other accounts that You may connect to Your Account (such as Your Accounts with other social media platforms).
You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account either with or without Your knowledge.
You may be held liable for losses incurred by the Company or any other User of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
You hereby acknowledge and agree that the deletion of the Platform from Your device does not constitute termination of Your Account and agree to undertake the process detailed herein in order to complete the de-registration of Your Account (“De-registration”). If and when You are desirous of having Your name and other details removed from Our records, You may first initiate the closure of Your Scapia Co-branded Credit Card account with the Card Issuer in the manner as may be prescribed by the Card Issuer. Upon receiving Your written request to that effect and a confirmation from the Card Issuer of the surrender of the Scapia Co-branded Credit Card, We shall remove and/delete all such information. However, We may retain certain information regarding Your Account, even after receiving a deletion request from You, where such retention is required under applicable laws. You hereby acknowledge that the removal of Your details from the Platform does not constitute termination of Your outstanding obligations, if any, to the Company.
Use of the Platform
Subject to compliance with these Terms, the Company hereby grants You a non-exclusive, limited privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company or other Users.
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent, or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.
You acknowledge and agree that in case any of the information provided by the Travel Service Provider or Travel Aggregator displayed on the Platform is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force, the Company shall not be liable or responsible for the same.
Further, You undertake not to upload, modify, transmit, communicate or share in any manner information (either on Your profile linked to Your Account or while making bookings for Travel Services or in any other circumstances) that:
belongs to another person and to which the User does not have any right;
is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
is harmful to child;
infringes any patent, trademark, copyright, or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
incites terrorism or in any manner supports any terrorist organisation or individuals who are designated to be terrorists by the Government of India or by the United Nations Security Council;
contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
violate the Terms contained herein or elsewhere and/or the Privacy Policy; and
reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.
Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable (upon notice from the Company), non-transferable access to view any Content available on the Platform, subject to the following conditions:
You may access the Content solely for personal or informational purposes, in accordance with the Terms;
You may not modify or alter the Content available on the Platform;
You may not distribute, copy, reproduce, or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and
You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.
Fees and Payments
You agree and acknowledge that You are required to pay the fees charged by Travel Service Providers and/or Travel Aggregators on the Travel Services booked by You on the Platform. You understand that, in addition to the fees charged by Travel Service Providers and/or Travel Aggregators, You agree and acknowledge that the Company reserves the right to charge certain fees in the nature of convenience fees or service fees or platform fees or processing fees or such other fees (however named), at its sole discretion. Further, the Company may, at its sole discretion alter any fees charged by it from time to time without providing You any special notice. You however will be displayed such fees before You confirm Your booking on the Platform. The Company has partnered with third-party payment gateways and payment aggregators to process all payments on the Platform. You agree and acknowledge that the Company disclaims all liability in relation to such payment related services offered by such third-parties.
You acknowledge that the Company may, on behalf of the Travel Service Provider allow You to book seats, meals, and baggage facilities for travel bookings made by You on the Platform, at such rates solely determined by the respective Travel Service Provider. The Company may, on behalf of the Travel Service Provider, charge such rates to You at the time of booking over and above Your booking amounts. Once You avail such facilities, the amounts payable by You towards such facilities shall form a part of the Commercial Receipt (defined below) provided to You. It is hereby clarified that the Company is not liable for the amounts charged to You by the Travel Service Provider towards such facilities, and the amounts charged to You by the Company are as-is, and there is no additional fees charged directly by the Company to You in this regard. You agree that You shall not hold the Company liable for any such amounts charged to You, and for any claims in relation to You availing such facilities on the Platform.
The Company shall provide a Commercial Receipt to You indicating the fee charged by Travel Service Providers and/or Travel Aggregators for all the Travel Services availed by You (“Commercial Receipt”). The Commercial Receipt provided by the Company shall also indicate the fees/charges payable by You to Scapia for availing Platform Services. You agree and acknowledge that in no event will the provision of such Commercial Receipt be construed to mean that the Travel Services are provided directly by Scapia. You understand and acknowledge that it shall be the Travel Service Providers’ and/or Travel Aggregators’ responsibility to issue a Goods and Services Tax (“GST”) invoice to You for their Travel Services availed by You on the Platform, and Scapia shall not be liable in the event such GST invoice is not issued to You for the same.
All payments towards making bookings to avail Travel Services from Travel Service Providers and/or Travel Aggregators shall be made through the Scapia Co-branded Credit Card. Repayment of the outstanding balance of the Scapia Co-branded Credit Card shall be made through the various modes of payment provided on the Platform such as UPI, Credit/Debit Cards of various banks, Net Banking facility of major banks, third party wallets, gift cards and more.
In the instances where Your booking does not get confirmed for any reason whatsoever which is reasonably attributable to the Company, the Company will refund any fees charged by it. You agree and acknowledge that refund of fees charged by Travel Service Providers and/or Travel Aggregators would be subject to terms and conditions and/or any agreements that such Travel Service Providers or Travel Aggregators have with You. The Company, in no circumstance whatsoever shall be liable to refund any amount that has been charged by Travel Service Providers and/or Travel Aggregators on the Platform. The Company will however, on a best efforts basis assist You in getting refunds from such Travel Service Providers and/or Travel Aggregators. You understand that in the event Your booking is not confirmed, the Company is under no obligation to provide You with an alternate booking in lieu of, or to compensate, or to replace the unconfirmed booking, however, the Company shall, on a best efforts basis assist You in getting an alternative booking. All subsequent bookings will be treated as new transactions.
In the event You decide to cancel any booking made by You on the Platform, the Company may charge You a cancellation fee based on the parameters set by it and communicated to You. Additionally, Travel Service Providers and/or Travel Aggregators may also charge a certain amount towards cancellation of Your booking based on their internal policies and/or any terms/agreements they have with You. Upon cancellation, the Company may deduct cancellation fees charged by it, Travel Service Providers and/or Travel Aggregators out of the total amount paid by You towards Your booking and subsequently refund the remaining amount to You.
Subject to these Terms and/or applicable terms and conditions of Scapia relevant for the Travel Service(s) available by You and the terms and conditions of Travel Service providers, refunds, if any, on cancelled or unconfirmed bookings will always be processed to the respective account or the payment method (credit card, wallet etc.) through which payment was made for that booking.
You acknowledge and agree that the Company will not be responsible for any cancellations that are either (a) made by the Travel Service Providers and/or Travel Aggregators; (b) made by You; or (c) made as a result of a Force Majeure Event (defined below) (including Covid-19). Further, You agree and acknowledge that the Company shall not, in any circumstance be liable to provide You any refund if You do not avail any Travel Service booked by You without cancelling the same. You also agree and acknowledge that it shall be Your responsibility to take all reasonable measures to avail Travel Services in a hassle-free manner including but not limited to checking the date and time of travel, check-in obligations, Covid-19 testing obligations (if any) or such other obligations/precautions as may be applicable.
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of availing the Travel Services (including for booking the same) as per applicable laws. You shall also be completely responsible for complying with all applicable laws with regard to payments made by You including but not limited to the Foreign Exchange Management Act, 1999 and the rules, regulations thereunder along with directions issued by the Reserve Bank of India for any transactions involving remittances outside India or into India.
The Company or its representatives, agents or employees or the Travel Service Providers or Travel Aggregators, their representatives, agents and employees will never ask You to transfer any fees or monies into their personal bank account. You agree that if You transfer any amount to any personal account of any person outside the Platform towards any of the Travel Services availed by You from Travel Service Providers and/or Travel Aggregators, the Company shall not be held liable for the same. You shall not have any recourse against the Company for such amounts.
You acknowledge and agree that in addition to the foregoing, Scapia may prescribe additional terms and conditions with regard to specific Travel Services availed by You in the applicable terms and conditions of Scapia relevant for the Travel Service(s) available by You. By accepting these Terms and/or availing Travel Services through the Platform, You hereby agree to bound by the applicable payment Terms set out in such applicable Travel Service related terms and conditions.
Insurance
Unless specifically mentioned, obtaining insurance coverage is the obligation of the User. In no event will the Company accept any claims pertaining to travel insurance provided as part of the Platform Services or be responsible for acceptance or rejection for insurance claims made. Insurance offered/obtained/availed on the Platform shall be as per the terms and conditions of the third-party insurance service providers. The Company merely acts as a facilitator in connecting You with insurance service provider. The User shall contact the insurance service provider directly for any claims or disputes.
Force Majeure
You understand that there may be exceptional circumstances where the Company and/or Travel Service Providers may not be able to process bookings for Travel Services or provide You Travel Services (as the case may be) due to factors such as act of God, labour unrest, insolvency, a pandemic (including Covid-19), an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, route and flight cancellations etc. or any other reason beyond the control of the Company (“Force Majeure Events"). If the Company has advance knowledge of the happening of such Force Majeure Events, it will make best efforts to provide similar alternative to You or provide You a refund as per these Terms after ducting any service fees or such other charges as may be deemed fit by the Company if supported and refunded by the respective Travel Service Provider affected by such Force Majeure Event. You agree and acknowledge that the Company, merely being a facilitator for making Bookings, cannot be held responsible in such Force Majeure Events. You may have to separately contact the Travel Service Provider directly for any further resolutions and refunds.
Intellectual Property Rights
The Platform and the processes, and their selection and arrangement, including but not limited to, all text, reports generated, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) and any information or materials uploaded by the Users (collectively, the “Content”) on the Platform is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without Our prior written permission. If You would like to request permission in respect of any particular Content, You can contact Us in the manner provided for herein.
The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company or the third party that may own the Marks.
You agree and acknowledge that the Company reserves the right to use any recourse available to it under applicable laws if it believes that You have infringed any of its intellectual property rights.
Infringement of Intellectual Property
If You believe the Platform violates Your intellectual property, You must promptly notify Company in writing at care@scapia.cards. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
the intellectual property that You believe is being infringed;
the item that You think is infringing and include sufficient information about where the material is located on the Platform;
a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
Your contact details, such as Your address, telephone number, and/or email;
a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
Your physical or electronic signature.
Disclaimers of Warranties and Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law that:
The Company is merely acting in the capacity of an intermediary and does not control the conduct or actions of any User or Travel Service Provider or Travel Aggregator on the Platform or otherwise except as may be required under law for the time being in force.
The Platform, Content and Platform Services are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or Platform Services/Travel Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; and (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms.
The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user Content.
The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
The Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Platform Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
You agree and acknowledge that it shall be Your responsibility to carry valid travel documents including but not limited to valid ID proof, valid passport, valid visa documents issued by the appropriate country (including transit visa, if applicable) for the country You will be visiting or transiting through (“Travel Documents”). Scapia shall not be liable for any consequences arising out of Your failure to carry the Travel Documents.
You understand that the Travel Documents specified by Scapia are neither exhaustive nor conclusive for the purpose of travel. It shall be Your responsibility to verify from appropriate authorities including the embassy of the country You are visiting and ensure that You possess all the required Travel Documents.
Scapia shall not be liable for any consequences arising out of Your failure to carry the Travel Documents and shall not be liable to refund the amounts paid by You towards such booking.
You agree and acknowledge that Scapia shall not be responsible for any restrictions imposed on You in relation to entry to the destination by the relevant authorities of such destination due to Your non-compliance with the legal requirements applicable to enter such destination, including but not limited to, visa and health regulations. You further agree that You shall be solely responsible for ensuring that You are aware of the applicable legal requirements for the purpose of travel and for ensuring compliance with the same, to the total exclusion of Scapia.
You agree and acknowledge that Scapia shall not be responsible for any criminal acts committed against You during the course of Your travel booked through the Platform including but not limited to, theft, assault, harassment or robbery. Any such acts shall be dealt with in a manner compliant with applicable law, and under no circumstances, shall Scapia be liable for any such acts or any consequences thereof.
You agree and acknowledge that Scapia shall not be liable in the event You are deported from Your destination due to Your non-compliance with applicable legal requirements, including but not limited to, custom regulations, visa regulations, passport related compliances, health guidelines and guidelines prohibiting / restricting travel with certain goods and substances in Your destination. You further agree that You shall be solely responsible for such deportation and any consequences thereof, and under no circumstances, shall Scapia be liable for the same. Further, Scapia shall not be liable to refund any amounts paid by You towards such bookings.
The company shall not be responsible for any actions of the travel service providers and/or travel aggregators including but not limited to rescheduling, cancellation of bookings, increase of prices, liability or deficiency of services, safety, luggage loss, quality of services, actions of the employees, agents, workers or consultants of the travel service providers (including drivers, agents, operator etc.) or travel aggregators providing the travel services or any other actions or lack of action by the travel service providers that have caused any loss or damage to the User. in no event shall the company and its officers, partners, consultants, agents, and employees, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the platform or content on the platform.
These Terms are intended for Users within the territory of India and govern Your rights as per applicable law within the territory of India. However, in the event You fall under a jurisdiction outside the purview of Indian law, We will not be liable for any claim, action and/or right initiated/exercised by You as per the extant laws of that jurisdiction. Therefore, We request You to kindly use the Platform accordingly.
Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless the Company, and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, representatives and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.
The limitations and exclusions in this Section 14 applies to the maximum extent permitted by applicable laws.
Violation of Terms
You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Us, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
Suspension and Termination
The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, Your only recourse is to (i) De-register Your Account on the Platform; and/or (ii) stop accessing the Platform.
The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or the Privacy Policy or anyway otherwise acted unethically. The decision of the Company in this regard shall be final and You shall have no right to dispute the same. Notwithstanding anything in this paragraph, these Terms will survive indefinitely unless and until the Company chooses to terminate them.
If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to You and the Company shall have no liability to You or any third party for doing so. However, Your transaction details etc. may be preserved by the Company for compliance with any law for the time being in force.
Governing Law and Jurisdiction
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts in Bangalore, Karnataka.
Report Abuse
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: care@scapia.cards.
Communications
You hereby expressly agree to receive communications by way of calls (including using pre-recorded messages or artificial voice), SMS, emails and/or WhatsApp from the Company and other third parties duly authorized by the Company including but not limited to the purpose of confirming Your bookings for Travel Services and such other Platform Service related communication. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided to Us are Your own and are true, accurate, current and complete. You agree to notify Us whenever You stop using a particular telephone number(s) and/or email address(es). You can unsubscribe or opt-out from receiving communications through calls, SMS, e-mail, and WhatsApp anytime by writing to Us at care@scapia.cards. In which case, the Company will only send You communications solely required for the purposes of the Travel Services booked through the Platform.
Grievance Redressal Mechanism
Grievance Handling: If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Platform Services, You can contact the designated Grievance Officer of the Company, namely, Aniruddh Agrawal, at grievance@scapia.cards.
By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You.
General Provisions
Notice: All notices from the Company will be served by email to Your registered email address or by notification on the Platform.
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.