Terms and Conditions
Please read these terms and conditions
("Terms") carefully before accessing or using the Platform (defined
hereinafter). These Terms along with the Privacy Policy published on the
Platform ("Privacy Policy") and other policies (as may be
notified/displayed/published on the Platform) constitutes the contract between
the Users of this Platform and Company (collectively "Agreement"). By
use of the Platform, Users agree to be bound by these Agreement as posted on
the Platform from time to time.
1. ABOUT THE TERMS
1.1 What is Flipkarona and who operates it?
b.
Flipkarona is an application which provides an
online marketplace ("Application") where registered suppliers
("Suppliers") can offer to sell their products to registered users of
Application including to resellers ("Resellers") and other Users.
e.
The Application and the website at www.Flipkarona.com
("Website") (collectively, "Platform") are operated by Infoskaters
Technologies Private Limited ("Company").
h.
The Company’s role is limited to the managing
Application and associated marketing, facilitating payment collections,
fulfilment, order management, enquiry management and other incidental services
to enable the transactions between the Suppliers and the Reseller
("Services").
k.
Services are not made available on the Website and
to avail the same, Users are required to install the Application.
1.2 When are these Terms applicable and binding on
User?
b.
The Agreement is applicable to any person when they
install, download or even merely visit or access any part of the Platform or
utilise the Services, such persons are referred to as users, which include
without limitation users who are browsers, Suppliers, Resellers, merchants,
other purchaser or contributors of content (collectively, "User").
e.
The Agreement between User and Company is effective
on the date on which the Application is downloaded/Website is accessed and/or
the date on which terms of Agreement are updated, creating a legally binding
arrangement between the User and the Company.
1.3 Whether the terms of this Agreement can be
modified?
b.
Users can review the most current version of the
Agreement at any time on the Website. Company reserves the right to
unilaterally update, change or replace any part of the Agreement by publishing
updates or changes on the Platform and such amended provisions of the Agreement
shall be effective immediately upon being posted on the Platform.
e.
It is the responsibility of the Users to check this
page periodically for changes. The Users’ continued use of or access to the
Application following the posting of any changes constitutes acceptance of
those changes.
1.4 What if the terms of the Agreement are not
acceptable to User?
b.
If the User does not agree with the terms of the
Agreement, the User is advised to refrain from using the Platform. By accessing
or using the platform, the user irrevocably accepts the Agreement and agrees to
abide by the same (as updated from time to time).
2. ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION
2.1 Does a User necessarily need to create an
account on the Platform?
b.
Company does not permit Users to avail the Services
on the Platform without prior registration. Users may access the Application by
registering to create an account and become a member. The membership is limited
for the purpose of buying or selling products, is subject to this Agreement and
strictly not transferable.
2.2 For the use of Platform, is a User subject to
any eligibility criteria?
b.
The Services on the Platform shall be availed by
User(s) who can form legally binding contracts under Indian Contract Act, 1872
and are at least eighteen (18) years of age.
e.
The Company reserves the right to terminate the
Users account and / or deny access to the Platform if it is brought to the
Company’s notice or if it is discovered that the User does not meet the conditions
herein. User(s) accessing or using the Platform represent and warrant that they
have the right to access or use the Platform.
2.3 Are there any specific requirements for
registering an account on Platform?
b.
The Users are required to enter a valid phone
number while registering on Platform. By such registration, User consents to be
contacted by Company via phone calls, SMS notifications, instant messages or
other such means of communication inter alia for subscription/services/promotional
updates etc. Users may 'opt-out' of such subscription/service/promotional
updates either through the ‘opt out’ means provided or by writing to the
support team.
e.
It is the responsibility of the Users to provide
correct mobile number so that the Company can communicate with the Users via
SMS. The Users understand and agree that if the Company sends an SMS but the
Users do not receive it because the Users’ mobile number is incorrect or out of
data or blocked by the User's service provider, or the Users are otherwise
unable to receive SMS, the Company shall be deemed to have provided the
communication to the Users effectively.
h.
It is the User’s responsibility to provide
accurate, current and complete information during the registration process and
to update such information to keep it accurate, current and complete.
2.4 Can User account registered on Platform be
suspended or terminated?
b.
The Company reserves the right to suspend or
terminate the account or access to Services (or any part thereof) or block the
User on the Application including blocking any amounts due to the User and
associated account without notice and the Users will remain liable for all
amounts due up to and including the date of termination, if:
II.any information
provided during the registration process or thereafter proves to be inaccurate,
not current or incomplete; and/or
V.in Company’s
assessment, the User has:
VIII.User is found to
be non-compliant with the Agreement.
e.
Further, where the violation of the Agreement gives
rise to criminal or civil action, the Company may at its sole discretion pursue
such action.
h.
Without prejudice to the above stated rights of the
Company, in case of alleged fraud or other breach of this Agreement by User,
Company may at its sole discretion (a) withhold all amounts payable to such
User; and (b) impose penalties as the Company may reasonably determine and set
off such penalties from the monies payable by Company to such User.
2.5 What are User obligations vis-à-vis its
registered account on Platform?
b.
Having an account on the Platform gives
authenticity to the actions of the User. It means that the User is solely
responsible for all activities that occur under its account and that all
transactions made by such User is intended for bona fide sale or consumption in
the course of their business activities.
e.
Any and every activity undertaken by a User under
his/her account shall be the sole responsibility of such User and the Company
shall not be liable for such activity in any manner. Hence it shall be the
responsibility of the User to treat the user identification code, password and
any other piece of information that is provided by the Company, as part of the
security procedures, as confidential and not disclose the same to any person or
entity other than the Company.
h.
User acknowledges and agrees that having an account
on Platform does not grant it any rights on Platform not specifically granted
to them by the Company, and that the User has no ownership or other interest in
the account. The User understands that all rights in and to the account are and
shall forever be owned by and inure to the benefit of the Company.
k.
On registration, the Users may receive a password
protected account and an identification. The Users agree to:
II.maintain the
confidentiality of their password, if applicable;
V.take full
responsibility for all activities by Users accessing the Application through
their account;
VIII.immediately
notify the Company of any unauthorised use of their account or any other breach
of security that they become aware of; and
XI.ensure that they
exit from their account at the end of each session.
3. PLACING ORDERS AND FINANCIAL TERMS
3.1 How does order placement work on the Platform?
b.
The Application allows Users to place orders for
the products listed by Suppliers on Application and the Application, subject to
Agreement herein, facilitates the placement of orders for the products by the
Users.
e.
On receipt of an order from a User, Company shall
send electronically a confirmation of such order to Supplier and the User
concerned. Further, the Company may inform the User about the availability or
unavailability or change in price of the order as informed by Supplier
concerned, from time to time. Confirmation of the order by Supplier shall be
treated as final.
h.
The Company does not own, sell or resell any
products on its own and/or does not control the Suppliers and only facilitates
the transaction between buyers and sellers including User and Supplier as a
'marketplace'. Company makes all reasonable efforts to promptly update the
Users account and other information in order to assist facilitate the
transaction completion. Hence, Users are required to provide current, complete
and accurate purchase and account information for all purchases made at on the
Application.
k.
Additionally, fulfilment of orders to their end
users/consumers by Reseller shall be the responsibility of the Reseller inter
se such end user/consumer. Any add-on service provided by Platform towards such
order shall be provided merely as a service provider of such Reseller by the
Platform and accordingly, Platform shall not have any privity of contract with
such end user/consumer.
3.2 How are the commercial terms fixed on
Application?
b.
All commercial/contractual terms of sale are
offered by Suppliers and agreed to between Suppliers and the Users alone. The
commercial/contractual terms include without limitation, price, date, period
and mode of delivery, warranties related to products, etc. Company does not
have any control or does not determine or advise or in any way involve itself
in the offering or acceptance of such commercial/contractual terms between the
Suppliers and the Users.
e.
Similarly in case of deliveries effected by
Resellers using the Platform, the Platform only acts as a service provider for
the Reseller facilitating delivery or other service related to an order.
Company does not have any control nor does not determine or advise or in any
way involve itself in the offering or acceptance of such commercial/contractual
terms between Reseller and its end user/consumer.
h.
Policies related to returns/ exchanges, penalties,
refunds, cancellation will be updated in the Application from time to time. The
Company holds the right to change these policies as required in the Application
without any permission from the Users.
3.3 How does payment and settlement of payment work
on the Platform?
b.
The Users acknowledge and agree that the Company
may, at the request of the Supplier or the Reseller, act as the payment agent
for the limited purpose of accepting payments on behalf of such Suppliers and
Resellers. The Users understand, accept and agree that the payment facility
provided by the Company is neither a banking nor financial service but is
merely a facilitator providing a third party payment processor for the
transactions on the Application. Further, by providing payment facility, the
Company is neither acting as a trustee nor acting in a fiduciary capacity with
respect to the transaction or the transaction price. The Company will not be
liable for any charges made by the Users bank in relation to payment of the
total amount.
e.
In connection with any order, information such as
name, billing address and credit card information may need to be provided
either to the Company or the third party payment processor. If the Users are
directed to the third party payment processor, they may be subject to terms and
conditions governing use of that third party’s service and that third party’s
personal information collection practices. Users are requested to review such
terms and conditions and privacy policy before using the Application. In case
of Reseller providing billing information, delivery address or other contact
information of its end user/consumer to Company or other delivery service
provider, Reseller shall ensure that it has necessary consents and approvals
from the respective end user/consumer as may be required under applicable law.
h.
Company merely collects the payment on behalf of
the Supplier or Reseller, as the case may be. All applicable taxes and levies,
the rates thereof and the manner of applicability of such taxes are to be
charged and determined by the Supplier or Reseller. Company holds no
responsibility for the legal correctness/validity of the levy of such taxes.
The sole liability with respect to any legal issue arising on the taxes payable
shall be with the Reseller.
k.
The transaction is bilateral between Suppliers
& Users and/or Reseller & end users/consumers ("User
Transactions"), the Company is not liable to charge or deposit any taxes
applicable on such transaction.
n.
The User may provide the bank account details to
receive any refunds, margins, referrals and/or other payments which may be owed
to the User by Flipkarona. While a User is permitted to update the bank account
details, the following conditions will apply: (a) the user cannot edit or
update the bank account details if the bank details already provided are valid
and there is no pending payment to the User from Flipkarona; (b) the user
cannot edit or update the bank account details if there is a pending
transaction which is being processed to the existing bank account; (c) the user
cannot edit or update the bank account details if the new account number which
is being inserted is already in use in another User’s account. The User can
only attempt to edit or update the bank account details three times in a day.
If the User fails to update the bank account within three attempts, the User
will have to wait for 24 hours to attempt to update the bank account details
again. Flipkarona may also designate a total number of edits or updates a User
can carry out to the bank account details in the lifetime of the account
holder. In the event that: (a) a User has breached the total limit to edit or
update the bank account details and (b) the same bank account is used for more
than ten platform accounts, the User will have to contact the customer support
in order to update the bank account details again. Flipkarona reserves the
right to change this policy on editing and updating the bank account at its
sole discretion.
q.
Flipkarona reserves the right to block cash on
delivery (COD_ payments at its sole discretion for reasons including but not
limited to high product value and other such reasons that Flipkarona may deem
fit.
3.4 Whether Company charges User(s) for Services
provided by Company on the Platform?
b.
Services on Platform may require payment of
charges, rate of which shall be solely at the discretion of the Company and
shall be subject to User approval at the time of placing an order on the
Platform. Company reserves the right to revise charges towards Service at any
time at its sole discretion. The charge, applicable at any given time, will be
the charge displayed at the time of purchase/booking of the respective Service
(if any) by User on the Platform.
e.
Company reserves the right to introduce additional
chargeable services on the Platform including charges for a premium return
service, cancellation charges, cash on delivery handling fees etc.
3.5 Whether for transacting on Platform, User is
required to be registered under the Central or State Goods and Services Tax
Legislations ("GST Laws")?
b.
Company is not obligated towards any direct or
indirect tax obligation of the User that may arise as a result of User's access
or use of Services on the Platform. The requirement for registration and
compliances under the GST Laws and other tax laws is the sole responsibility of
the User including Reseller, the Company is not liable for any omissions or
commissions by such User who acts in violation of the any applicable law.
Accordingly, User is advised to seek independent tax advice relating to its
business and/or transaction through Platform including whether it is liable for
GST registration.
3.6 What are the terms and conditions regarding the
offers and benefits provided on the Platform and advertised by Flipkarona?
a. Subject to
below and unless otherwise mentioned, all
product discounts and offers are by the Suppliers and not by the Company.
b. From
time to time, we may conduct various types of marketing and promotional
campaigns which may include offers, discounts and other promotional offers to
be used on our platform.
c. Such offers shall be subject to the
terms and conditions which are solely determined by us, and the terms of such
discounts and offers may vary for the customers based on factors relating to
the customer such as usage of the platform, volume of transactions, time spent
on the platform, city, place of residence, time, etc.
d. We
reserve the right to void, discontinue, cancel or reject the use of any of the
offers, discounts or promotional offers without any prior intimation.
e. The
offers, discounts and promotional offers may be changed or amended from time to
time.
f. It
is your responsibility to review and comply with the terms and conditions
governing the offers, discounts and other promotional offers provided on our
platform.
g. Any
of the offers, discounts or promotional offers may not be valid when used in
conjunction with other promotional offers or vouchers unless explicitly
permitted by us or the seller.
h. The
offers, discounts and promotional offers cannot be
exchanged for cash and can only be availed in accordance with the terms and
conditions of the offers, unless otherwise communicated.
i. Certain offers, discounts and promotions
offered such as first order discount, reactivation discount etc., may be
applied at the cart level and in the event that multiple products are purchased
in a single transaction, then such offer, discount, promotion may be divided
and applied to each product in the cart, in a manner determined by us.
j. Subject to Flipkarona’s Cancellation
and/or Return, Refund and Replacement policy, if the User: (i) cancels any
product which is subject to any promotions, offer or discounts; or (ii) returns
any product purchased which is subject to any promotions, offer or discounts,
the User will be eligible to receive only the refund of the amount paid by the
User on the purchase of such product.
k. In
the event, any product is cancelled or returned in accordance with Flipkarona's
Cancellation and/or Return, Refund and Replacement Policy, then save and except
as provided herein, any offer, promotion, discount applied to such
product shall be forfeited.
l. We and/or the Seller shall have no liability
with respect to the offers, discounts and promotional offers on the Platform.
3.7What are the terms and conditions governing the Flipkarona
Loyalty Program (“Flipkarona Loyalty Program”) provided by Flipkarona on the
Platform?
a. Under the Flipkarona Loyalty Program, the
Eligible Users will be able to earn certain benefits and rewards in the form of
virtual coins (“Smart Coins”) in accordance with the terms herein. Smart Coins
may be earned by the Eligible Users through (i) purchase of the Specified
Products (as defined below); (ii) through participating and winning
games/contests as organized on the Platform; (iii) or such other activities as
may be determined by the Company from time to time.
b. The products on which an Eligible User will be
eligible and able to earn Smart Coins shall be only such products as identified
and intimated by the Company (“Specified Products”). The Company shall intimate
on the Platform, the Specified Products against which Eligible Users can earn
Smart Coins, through a tag and/or any other indicator as determined by the
Company.
c. The Eligible Users understand and acknowledge
that the amount of Smart Coins that can be earned by an Eligible User may vary
from one Specified Product to another on the Platform or from one Eligible User
to another, depending upon such factors and criteria as determined by the
Company at its sole discretion.
d. The final amount of Smart Coins that can be
earned by the Eligible User in relation to the purchase of a Specified Product
on the Platform shall be pre-disclosed and shall be displayed on the Platform.
e. The Smart Coins shall be granted to the Eligible
User pursuant to the purchase of a Specified Product on the Platform only after
the order return window/ period for the respective Specified Product(s) in the
order has expired as per Flipkarona’s Cancellation and/or Return, Refund and
Replacement policy and provided that no Specified Product(s) in the order
has/have been returned by the User during such period.
f. The Eligible Users shall be able to redeem Smart
Coins against purchase of such products on the Platform as determined by the
Company (“Redeemable Products”) and pursuant to the redemption of the Smart
Coins (subject to Redemption Cap, as defined below), an Eligible User shall be
able to obtain discount on the Redeemable Products which shall be equivalent to
the value of each Smart Coin. The value of such Smart Coin shall be displayed
to each Eligible Useron the Platform, from time to time. The redemption of
Smart Coins by the Eligible User shall be in accordance with the terms herein.
The maximum permitted amount of Smart Coins that can be redeemed by an Eligible
User (and accordingly the amount of discount available pursuant to Smart Coins)
with respect to the purchase of a Redeemable Product on the Platform
(“Redemption Cap”) shall be determined by the Company basis the cart value for
the particular Redeemable Product(s). The Redemption Cap shall be such that in
all events the amount of discount available pursuant to the redemption of Smart
Coins is less than the total cart value for a particular purchase of Redeemable
Product(s) by an Eligible User on the Platform.
g. The Eligible Users understand and acknowledge
that the Redemption Cap for the Smart Coins may vary from one Eligible User to
another or from one Redeemable Product to another on the Platform. The Redemption
Cap (and the maximum amount of permissible discount pursuant to redemption of
Smart Coins) shall be pre-disclosed to the Eligible User prior to redemption of
Smart Coins.
h. The Eligible Users understand and acknowledge
that the Smart Coins shall lapse and expire after such period from the date
Smart Coins are earned by the Eligible User, as disclosed and intimated by the
Company on the Platform (“Lapse Period”). The Lapse Period of all or any Smart
Coins may differ. The lapsed /expired Smart Coins shall not be eligible to be
redeemed by the Eligible User on the Platform on or after the Lapse
Period.
i. In the event a Eligible User cancels or returns
the entire order of the Redeemable Product(s) in relation to which Smart Coins
were redeemed, then, the entire amount of Smart Coins redeemed on such order
shall be returned / reinstated and granted back to the concerned Eligible User.
In the event, the Eligible User cancels or returns only certain Redeemable
Product(s) from the order and not the order in its entirety, then, the
proportionate amount of Smart Coins that were redeemed on such returned or
cancelled Redeemable Product(s), as applicable, shall be returned / reinstated
and granted back to the Eligible User.
j. The Lapse Period for the Smart Coins shall
remain unaffected on account of any returns, refunds or cancellations of the
Redeemable Products made by the Eligible User as per Flipkarona’s Cancellation
and/or Return, Refund and Replacement policy. Accordingly, if any of the
Redeemable Product(s) are returned or cancelled by the Eligible User in
accordance with Flipkarona’s Cancellation and/or Return, Refund and Replacement
policy, the Smart Coins will be re-instated / granted back to the Eligible User
having the same Lapse Period as applicable on the date of the purchase of
original Redeemable Product.
k. The Smart Coins shall be exclusive to the
concerned Eligible User and shall be non-transferrable from one Eligible User
to another Eligible User. Smart Coins can only be earned and redeemed on the
Platform against Specified Products and Redeemable Products respectively, and
not on any third-party outlet, offline or online (including website, platform
or application).
l. The Smart Coins cannot be converted into cash or
anything of tangible or monetary value. The Eligible Users are not eligible to
withdraw any cash against the Smart Coins available with them and the Smart
Coins in no event permit any sort of cash withdrawal. The Eligible Users shall
not be eligible to purchase any Smart Coins through cash or kind.
m. The Smart Coins cannot be solely used for
purchase of the Redeemable Product(s) on Platform in lieu of cash and at all
times Smart Coins shall be subject to the Redemption Cap.
n. The Company reserves the right to suspend or
disqualify (temporarily or permanently) an Eligible User from the Loyalty
Program (including earning / redemption of any Smart Coins on the Platform) if:
(i) any fraudulent or abusive activity is identified as being carried out for
the purpose of or in connection with Smart Coins or otherwise; or (ii) if the
Eligible User has violated the Agreement or applicable laws. The decision of
the Company shall be final and binding on the Eligible User and the
disqualification may result in immediate cancellation of all Smart Coins of the
Eligible User, without any liability or obligation whatsoever on part of the
Company.
o. The Company reserves the right to suspend the
issue of Smart Coins and the continuation of the Loyalty Program with respect
to certain category of Eligible Users or to all Eligible Users temporarily or
permanently at any time, with or without notice, and without assigning any
reason.
p. The Company reserves the right at any time to
modify, withdraw or terminate the Loyalty Program including any feature or
aspect thereunder at its sole discretion, with or without any notice and
without any liability or obligation in this regard (including without
limitation on account of any queries or concerns raised by any regulatory
authority or for ensuring compliance with applicable laws) in which case there
shall not be any liability upon the Company to allow any Eligible User an
opportunity to use / redeem all or any Smart Coins and the Eligible Users shall
have no entitlement with respect to redemption in such case).
q. Without prejudice to the foregoing paragraph,
the Company reserves the right in its discretion to amend, modify or withdraw
any feature or aspect of the Loyalty Program at any time (on one or more
occasions) with or without any notice to any User, including without limitation
following aspects: (i) the nature, type, categories and the relevant Specified
Products on which the Eligible Users can earn Smart Coins, (ii) the criteria
which determines the number of Smart Coins that can be earned on a particular
Specified Product, (iii) Redemption Cap and the basis for the determination of
the Redemption Cap for the Smart Coins in connection with Redeemable
Products; (iv) the mode and manner of the redemption of Smart Coins
including the sources / avenues at which Smart Coins can be redeemed by the
Eligible User; and/or (v) the Lapse Period.
r. The Company disclaims all liability that may
arise or any losses that may be incurred by an Eligible User in connection with
or arising out of the Loyalty Program.
s. In the event of termination of relationship
between an Eligible User and the Company, there shall not be any refund in
relation to the Smart Coins and all Smart Coins with the Eligible User in such
an event shall lapse (without any further act or deed) and the Eligible User
shall not have any entitlement to use/redeem those Smart Coins which were
outstanding with him/her.
t. The Loyalty Program and the Smart Coins granted
hereunder are purely in the nature of benefits intended to be granted to the
Eligible Users and the same is not a Prepaid Payment Instrument (PPI) / wallet
or any other payment mode / payment instrument as understood under Indian
payment and settlement systems laws as well as notifications and directions
issued by the Reserve Bank of India.
u. The Eligible Users understand and acknowledge
that their participation in the Loyalty Program and in connection with the
earning and/or redemption of the Smart Coins shall in all events be subject to
compliance by the Eligible User of the applicable laws.
v. The Company reserves the right to provide the
Loyalty Program to only a select number of Users on the basis of such factors
and eligibility criteria as may be deemed relevant and determined by the
Company, at its sole discretion (“Eligible Users”).
4. USE OF THE PLATFORM
4.1 Can User access and use the Platform at any
time or could there be any limitations?
b.
Company endeavours to make the Application
available 24X7. However, the Company does not represent that access to the
Application will be uninterrupted, timely, error free, free of viruses or other
harmful components or that such defects will be corrected.
e.
Users understand and acknowledge that the use of
Application requires internet connectivity and telecommunication links. Users
shall bear the costs incurred to access and use the Application and avail
Services, and Company shall not, under any circumstances whatsoever, be
responsible or liable for such costs.
h.
Company does not warrant that Application will be
compatible with all hardware and software which is used by Users.
k.
Application may be under constant upgrades, and
some functions and features may not be fully operational. Application is
provided on an 'as is' and 'as available' basis. Company expressly disclaims
all warranties of any kind, whether express or implied with respect to the
records and other data that is made available by it to Users.
n.
Users shall be solely responsible for damages to
their data system or for loss of data arising from download of content from
Application. No guidance or information, written or oral, obtained from Company
or via Platform, shall constitute any warranty, unless stated otherwise.
4.2 Does the Company guarantee performance of the
agreement or other arrangements inter se between User(s) or otherwise in
respect of products on Platform?
b.
Company, through Platform, is a mere facilitator of
the transaction including between Supplier and User and is not responsible for
any non-performance or breach of any contract entered into towards User
Transactions. The Company cannot and does not guarantee that the concerned
Suppliers will perform any transaction concluded on the Platform. The Company
shall not and is not required to mediate or resolve any dispute or disagreement
between the Users concerned including with any other third party.
e.
The Company does not represent any of User or
Supplier, and disclaims any liability with respect to any error or
inconsistency with respect to any information relating to such Supplier or User
displayed on the Platform.
h.
The Company does not make any representation or
warranty as to the item-specifics (such as legal title, creditworthiness,
identity, etc.) of any of its Users. Company shall not be liable for any misuse
of information shared by Users with it; or through the Users profile; or with a
third party on the Platform, chat rooms, forums, or comments.
k.
Users acknowledge and agree that the Company is not
an arbitrator or judge of disputes concerning intellectual property and it
cannot, by any means, verify that any Supplier or Reseller selling or supplying
merchandise on/through the Platform have the right to sell the products.
Company encourages Users to assist it in identifying listings on the Platform,
which, according to the Users’ knowledge or belief infringe their rights or
third party rights.
n.
Company does not at any point of time during any
transaction between any Supplier and a User take possession of any product
offered nor does it at any point gain title to or have any rights or claims
over such products. At no time shall the Company hold any right, title or
interest over the products nor shall the Company have any obligations or
liabilities in respect of such contract entered into between the Users. Company
is not responsible for damages or delays as a result of products which are out
of stock, unavailable or back ordered.
4.3 Whether the use of Platform (a) is restricted
in any manner; and (b) requires any generic compliances from User?
b.
User should not use the Platform to host, display,
upload, download, modify, publish, transmit, update or share any information
which:
II.is grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, slanderous, criminally inciting or invasive of
another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in
any manner whatsoever; or unlawfully threatening or unlawfully harassing
including but not limited to "indecent representation of women"
within the meaning of the Indecent Representation of Women (Prohibition) Act,
1986;
V.is patently
offensive to the online community, such as sexually explicit content, or
content that promotes obscenity, paedophilia, racism, bigotry, hatred or
physical harm of any kind against any group or individual;
VIII.is harmful to a child
or a minor;
XI.harasses or
advocates harassment of another person;
XIV.infringes upon or
violates any third party’s rights including, but not limited to, intellectual
property rights, rights of privacy (including without limitation unauthorized
disclosure of a person’s name, email address, physical address or phone number)
or rights of publicity;
XVII.promotes an
illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices;
XX.tries to gain
unauthorized access or exceeds the scope of authorized access to the
Application or to the profiles, blogs, communities, account information, or
other areas of the Application or solicits passwords or personal identifying
information for commercial or unlawful purposes from other Users;
XXIII.interferes with
another User’s use and enjoyment of the Platform or any third party users
enjoyment of similar services;
XXVI.refers to any
website or URL that, in our sole discretion, contains material that is
inappropriate for the Platform or any other website, contains content that
would be prohibited or violates the spirit of these Terms;
XXIX.violates any law
for the time being in force;
XXXII.impersonates
another person;
XXXV.threatens the
unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign states, threatens public order, or causes incitement to the
commission of any cognisable offence or prevents investigation of any offence
or insulting other nations.
XXXVIII.contains software
viruses or other computer programming routines that may damage, detrimentally
interfere with, diminish value of, surreptitiously intercept or expropriate any
system, data or personal information; and
XLI.directly or
indirectly, offers, attempts to offer, trades or attempts to trade in any item,
dealing of which is prohibited or restricted in any manner under the provisions
of any applicable law, rule, regulation or guideline for the time being in
force.
e.
When accessing or using the Platform or availing
the Services, the User has to comply and ensure the following:
I.
II.All registration
information submitted by User is truthful, lawful and accurate;
III.
IV.
V.User's use of the
Application/Platform shall be solely for their use and they shall not authorize
others to use the account;
VI.
VII.
VIII.User does not
submit, post, upload, distribute, or otherwise make available or transmit any
information that: (i) is defamatory, abusive, harassing, insulting,
threatening, or that could be deemed to be stalking or constitute an invasion
of a right of privacy of another person; (ii) is bigoted, hateful, or racially
or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or
otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal
activity or the discussion of illegal activities with the intent to commit
them;
IX.
X.
XI.All necessary
licenses, consents, permissions and rights are owned by Users and there is no
need for any payment or permission or authorization required from any other
party or entity to use, distribute or otherwise exploit in all manners
permitted by the Agreement, all trademarks, copyrights, patents, trade secrets,
privacy and publicity rights and / or other proprietary rights contained in any
content that Users submit, post, upload, distribute or otherwise transmit or
make available;
XII.
XIII.
XIV.User will not use
Platform in any way that is unlawful, or harms the Company or any other person
or entity;
XV.
XVI.
XVII.User will not
post, submit, upload, distribute, or otherwise transmit or make available any
software or other computer files that contain a virus or other harmful
component, or otherwise impair or damage the Platform or any connected network,
or otherwise interfere with any person or entity’s use or enjoyment of
Application;
XVIII.
XIX.
XX.User will not use
another person’s username, password or other account information, or another
person’s name, likeness, voice, image or photograph or impersonate any person
or entity or misrepresent your identity or affiliation with any person or
entity;
XXI.
XXII.
XXIII.User will not or
attempt to delete or modify any content of Platform, including but not limited
to, disclaimers or proprietary notices such as copyright or trademark symbols,
logos;
XXIV.
XXV.
XXVI.User will not
post or contribute any information or data that may be obscene, indecent,
pornographic, vulgar, profane, racist, sexist, discriminatory, offensive,
derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive,
hateful, menacing, defamatory, untrue or political or contrary to our interest;
XXVII.
XXVIII.
XXIX.User shall not
access Platform without authority or use Platform in a manner that damages,
interferes or disrupts, any part of Platform or any equipment or any network on
which Platform is stored or any equipment of any third party;
XXX.
XXXI.
XXXII.User shall not
attempt to gain unauthorized access to any portion or feature of the
Application, or any other systems or networks connected to the Platform by any
means. User shall not probe, scan or test the vulnerability of Platform nor
breach the security or authentication measures on Platform or any network
connected to Platform.
XXXIII.
XXXIV.
XXXV.User agree not to
use any device, software or routine to interfere or attempt to interfere with
the proper working of Platform or any transaction being conducted on Platform,
or with any other person’s use of Platform. User may not use Platform or any of
its content for any purpose that is unlawful or prohibited by this Agreement.
XXXVI.
XXXVII.
XXXVIII.User shall at all
times ensure full compliance with the applicable law, as amended from time to
time, including that of (i) the Information Technology Act, 2000 and the rules
thereunder; (ii) all applicable domestic laws, rules and regulations (including
the provisions of any applicable exchange control laws or regulations in
force); and (iii) international laws, foreign exchange laws, statutes,
ordinances and regulations (including, but not limited to Direct and Indirect
Taxes applicable as per current statue in the country) regarding the use of the
Application and listing, purchase, solicitation of offers to purchase, and sale
of products or Services. User shall not engage in any transaction which is
prohibited by the provisions of any applicable law including exchange control
laws or regulations for the time being in force.
XXXIX.
XL.
XLI.In order to allow
Company to use the information supplied by the Users, without violating any
rights or any laws, Users agree to grant Company a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers)
right to exercise the copyright, publicity, database rights or any other
rights. Company will only use the information in accordance with this
Agreement, applicable to use of Platform and for provision of Services.
XLII.
5. FAIR USAGE POLCY
We always strive hard to provide the best
experience to our customers on the platform. To ensure that all customers use
our platform in good faith, we keep track of customer behaviour which includes
maintaining order history and other details relating to the manner of use of
our platform. In the event of any abuse of our platform or the policies, which
include excessive returns or refusal to accept shipments which are not
otherwise wrong or defective, actions such as levying a service fee,
discontinuing COD options, block COD payment etc. may be undertaken to address
such issues. Customers whose profiles indicate high volumes of valid
transactions on the platform may be offered benefits by suppliers, from time to
time, based on their discretion and policies.
6. ACCURACY AND COMPLETENESS OF INFORMATION ON
PLATFORM
6.1 What is the accuracy and completeness of all
information displayed on the Platform?
b.
Company takes all endeavours to the best of its
efforts to keep information on the Platform accurate. However, the material and
content on the Platform is provided for general information only and should not
be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or timely sources of
information. Reference to paragraph 5.2 below, User will agree that a majority
of content including products displayed on Platform are provided by the
respective Suppliers, who shall at all times be responsible for provision of
information related to such products listed by them. Apart from reasonable
checks to ensure general hygiene of Platform, Company does not exercise any
control over such content or information.
e.
Company undertakes no obligation to update, amend
or clarify information in the Platform, including without limitation, pricing
information, except as required by law. Company does not own any responsibility
or obligation whatsoever towards either ensuring the accuracy of the
information provided by the Users. Any reliance on the material on Platform is
at the Users’ own risk.
h.
Platform may contain certain historical
information. Historical information, necessarily, is not current and is
provided for your reference only. The Company reserves the right to modify the
contents of Platform at any time, but has no obligation to update any
information on Platform. User is solely responsible to monitor changes to the
information on Platform. No specified update or refresh date applied to
Platform, should be taken to indicate that all information on Platform or
pertaining to the Services have been modified or updated.
k.
Occasionally there may be information on Platform
that contains typographical errors, inaccuracies or omissions that may relate
to information pertaining to the products, pricing, promotions, offers,
shipping charges, transit times and availability. Company reserves the right to
correct any errors, inaccuracies or omissions, and to change or update
information if any information on Platform is inaccurate at any time without
prior notice.
n.
The Information is provided 'as is' with no
guarantee of completeness, accuracy, timeliness or of the results obtained from
the use of the Information, and without warranty of any kind, express or
implied, including, but not limited to warranties of performance,
merchantability and fitness for a particular purpose. Nothing contained in this
Agreement shall to any extent substitute for the independent investigations and
the sound technical and business judgment of User.
6.2 Is information related to products on Platform
provided by the Company?
b.
Not all information on the Platform is provided by
Company. From time to time, Users who are Suppliers provide information
relating to the products proposed to be sold by them and are hence responsible
for the same. In this connection, Suppliers undertake that all such information
shall be accurate in all respects. Suppliers are discouraged from and should
not exaggerate or overemphasise the attributes of such products so as to
mislead Users in any manner.
e.
Company reserves the right, but has no obligation,
to monitor the materials posted on Platform. Company, however, has the right to
remove or edit any content that in its sole discretion violates, or is alleged
to violate, any applicable law or either the spirit of these Terms. In no event
shall Company assume any responsibility or liability for any content posted or
for any claims, damages or losses resulting from use of content and/or
appearance of content on Platform.
h.
Suppliers take sole responsibility for the
correctness of the details pertaining to specifics (such as quality, value,
saleability, etc.) of the products proposed to be sold or offered to be sold or
purchased on Platform. Company does not implicitly or explicitly support or
endorse the sale or purchase of any products nor provide any
warrantee/guarantee of the products sold to Users, and in no event shall such
products be the responsibility of Company. Company does not represent or
warrant that the information available on Platform will be correct, accurate or
otherwise reliable.
k.
Company is not responsible for any inaccuracy,
incompleteness or outdated information made available on the Application,
either provided by any User including Suppliers.
7. LISTING AND SELLING
7.1 As Supplier, in addition to this Agreement,
what other terms is a User required to abide by?
b.
Suppliers, in addition to this Agreement are also
bound by applicable laws of India, including without limitation, the following
laws:
II.The Legal
Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011
(Packaging Rules);
V.Drugs and
Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D&C Rules);
VIII.Food Safety and
standard Act, 2006, Food Safety and Standard (Packaging and labelling)
Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food
Product Standard and Food Addictive) Regulation, 2011 (FSS Standard
Regulations) and Food Safety and Standard (food or Health Supplements,
Nutraceuticals, Food for Special Medical Purpose, Functional Food and Novel
Food) Regulation 2016 (FSS Supplement Regulation).
e.
As per above mentioned statutes and regulations and
any other relevant law in place during the tenure of this association, Company
understands that there is an obligation on Supplier to ensure that the package
in which the products are sold complies with labelling and packing requirements
and other laws that may be prescribed in this regard. Hence, it shall be the
sole responsibility of Supplier to comply with applicable laws and the Company
shall not be held responsible in any manner. Suppliers shall indemnify Company
and Platform for any harm or loss in relation to contravention of above
regulations or other applicable laws.
7.2 When can the Suppliers get their products
listed?
b.
Suppliers are permitted to list products for sale
on the Application in accordance with the terms mentioned in this Agreement and
other contract entered into with Company for the said purpose, wherein other
rights and obligations of the parties are defined in detail.
e.
By listing its products on the Platform, the
Suppliers represent and warrant that they are legally capable to sell or list
the products on Platform; and the listed items do not infringe upon the
intellectual property, trade secret or other proprietary rights or rights of
publicity or privacy rights of any third party. Suppliers and Users agree that
the Company is not responsible for the breach of the same.
8. USER INFORMATION AND THRID PARTY TOOLS/LINKS
8.1 What information is collected from the User?
How does Company deal with the information provided to it by a User while using
Platform?
b.
Company collects various types of information, some
information is non-personal information and some is personal information.
e.
All information about Users that are collected,
stored or transmitted in any way on Platform is processed for facilitating
various operations on Platform, including registration, order placement,
listing, or payments.
h.
For a more comprehensive understanding, Users are
encouraged to view the Platform’s Privacy Policy available on the Platform.
8.2 Does the Company use Third Party tools on
Platform?
b.
The Company may provide User with access to
third-party tools over the Platform which Company neither monitors nor has any
control nor input. User acknowledges and agrees that access to such tools is on
an 'as is' and 'as available' basis, without any warranties, representations or
conditions of any kind and without any endorsement by Company. Company shall
have no liability whatsoever arising from or relating to your use of optional
third-party tools.
e.
Any use by the User of the optional tools offered
through the Application/Platform is entirely at its own risk and discretion and
it is the responsibility of User that it ensures that it is familiar with and
approves the terms on which such tools are provided by the relevant third-party
provider(s).
h.
The Company may from time to time, offer new
features through Platform which may include the use new third-party tools and
resources. Such new features shall also be subject to this Agreement.
Complaints, claims, concerns, or questions regarding third-party tools or third
party websites should be directed to the third-party.
8.3 Does Company use third party links or third
party tools on Platform? Are these links and tools accurate and secure?
b.
Certain content or products available via the
Platform may include materials from third-parties. Third-party links on the
Application/Platform may direct User to third-party websites that are not
affiliated with the Company. The Company is not responsible for examining or
evaluating the content or accuracy and does not warrant and will not have any
liability or responsibility for any third-party materials or websites, or for
any other materials, products, or services of third-parties.
e.
Company is not liable for any harm or damages
related to the purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party websites regardless
of the existence of any third party link on Platform. Please review carefully
such third-party’s policies and practices and make sure to understand them
before engaging in any transactions.
9. INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT
9.1 Can User use the content published on Platform
such as "Flipkarona" mark when doing business with other parties?
b.
Users may not use any trademark, service mark or
logo of any independent third parties without prior written approval from such
parties.
e.
"Flipkarona" and related icons and logos
whether registered or unregistered are the trademarks of the Company and are
protected under applicable copyright, trademark and other proprietary and
intellectual property laws. Users’ unauthorized adoption copying, modification,
use or publication of these marks is strictly prohibited.
h.
Users must not modify the paper or digital copies
of any materials printed or downloaded in any way, and they must not use any
illustrations, photographs, video or audio sequences or any graphics separately
from any accompanying text.
k.
Users must not use any part of the materials on
Platform for commercial purposes without obtaining a licence to do so from
Company. All rights, not otherwise claimed under this Agreement by Company are
hereby reserved.
n.
User understands that Platform and software
embodied within Platform may include security components that permit digital
materials to be protected, and that use of these materials is subject to usage
rules set by Company or other parties that facilitate the same. User agrees
that it will not attempt to override, disable, circumvent or otherwise
interfere with any such security components and usage rules embedded in the
Platform.
9.2 How does the Company deal with IP infringement?
b.
Any trademark, word mark or intellectual property
of any User(s) or Supplier(s) belongs to such User(s)/Supplier(s) alone, and
Company has no right or claim over the same.
e.
Company reserves the right in its sole discretion
to remove any material/content/photos/offers displayed on the Platform which in
Company’s reasonable belief is unlawful or could subject Company to liability
or is in violation of this Agreement or is otherwise found inappropriate in the
Company’s opinion. Company reserves the right to cooperate with any
investigation in this regard.
h.
Company reserves the right to suspend or terminate
the account of a User as deemed appropriate by it. Users agree that the Company
shall have no liability to any Users, including liability in respect of consequential
or any other damages, in the event Company takes any of the actions pursuant to
allegations of IP infringement.
k.
Users acknowledge and agree that Company is not an
arbitrator or judge of disputes concerning intellectual property and it cannot,
by any means, verify that any Supplier selling or supplying merchandise on the
Platform have the right to sell the products. Company encourages Users to
assist it in identifying listings on the Platform, which, according to Users’
knowledge or belief infringe their rights or third party rights.
n.
The delisting of product from Platform is to
safeguard Company’s interest, by taking down a listing, Company does not and
cannot be deemed to be endorsing a claim of infringement and further in those
instances in which Company declines to take down a listing, Company does not
and cannot be deemed to be endorsing that the listing is not infringing of
third party rights or endorsing any sale or supply of merchandise or services
pursuant to or on account of such listing.
q.
We request you to review the Intellectual Property
Policy available on the Application for more information.
10. DISCLAIMER AND LIABILITIES
10.1 What are the standard disclaimers in relation
to the Platform and the Services?
b.
Company, in no event, is or will be liable to User
including the Reseller or anyone claiming through a User in respect of product
or other User Transaction under contract, negligence, strict liability or other
legal or equitable theory for any special, incidental, indirect, consequential,
exemplary or punitive damages, loss of goodwill, loss of revenue, loss of
opportunity, loss of anticipated profits, whatsoever, including those resulting
from loss of use, data or profits, whether or not foreseeable or whether or not
Company has been advised of the possibility of such damages, or based on any
theory of liability, including breach of contract or warranty or negligence or
any other claim arising out of or in connection with the use of or access of
Platform.
e.
Company shall not be liable for: any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation any financial losses, loss
of data, replacement costs, or any similar damages, whether based in contract,
tort, strict liability or otherwise, arising from the use of Platform, or for
any other claim related in any way to the use of the Application, including,
but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the Application/Platform
or any content posted, transmitted, or otherwise made available via the
Application/Platform, even if advised of their possibility.
h.
Users shall be solely responsible for damages, if
any, to their data system or for loss of data arising from download of content
from Platform. No guidance or information, written or oral, obtained from
Company or via the Platform, shall constitute any warranty, unless stated
otherwise.
10.2 What are the disclaimers
regarding advertisements (including any information or offer thereunder)
contained on, distributed through, or linked, downloaded or accessed from
Platform (“Platform Advertisements”)?
a. Advertisements in Platform are intended, solely
to provide general information for the personal use of the user(s). The Company
does not represent, warrant or endorse in any manner the accuracy or
reliability of the Platform Advertisements. The Company accepts no
responsibility or liability in relation to the Platform Advertisements
including without limitation on account of your use or reliance placed by you
on such Subject Information.
b.The Platform Advertisements are advertised /
displayed at the behest of the advertisers. The Company does not by itself
create such content and neither does it exercise any control over the content
that is displayed by the advertisers. The advertisers are third parties over
which Flipkarona does not have any direct or indirect control. The Company does
not make any representation, warranty, recommendation, guarantee in respect of
the content of the Advertisements as well as its subject matter and the
products/services being advertised (including without limitation with respect
to suitability, merchantability, reliability, availability or quality of the
product/service) nor does the Company implicitly or explicitly support or
endorse the sale or purchase of any products/services which are subject matter
of the advertisements or are referred therein. The Company accepts no liability
for any error, inaccuracy or omission of third parties and advertisers in this
regard.
c. The correspondence or business dealings of Users
with, or participation in promotions of, advertisers found on or through the
Platform, including payment and delivery of related products or services, and
any other terms, conditions, warranties or representations associated with such
dealings, are solely between the User and such advertiser. The Company shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Platform.
d. In the event, a link is displayed on the
Platform Advertisement and if you select to click on a link which leaves Platform,
you will be redirected to a third-party website that is not owned, operated, or
controlled by The Company or its affiliates. The link is provided solely for
the convenience of the User and may assist the User in locating other useful
information on the internet. The third-party website is governed exclusively by
its respective policies over which we have no control. You bear the sole risk
in proceeding to access the contents, products/services of the third-party
website and links provided therein.
e. The User shall not hold the Company responsible
and the Company disclaims any liabilities, losses, damages, expenses, claims or
injury arising out of or in connection with: (i) the advertisements displayed
on Platform; (ii) contents of the Platform Advertisement; (iii) representations
and statements made by the advertiser; (iv) subject matter of the Platform
Advertisements and the products/services referred thereunder (including without
limitation on account of suitability, merchantability, reliability,
availability or quality of the product/service); and/or (v) Platform
Advertisement being misleading and/or not in compliance with applicable laws.
10.3 What are the disclaimers
regarding advertisements (including any information or offer thereunder) of
products listed on the Platform and shown on other media and forums (including
print media, digital platforms etc.,) (“Other Advertisements”)?
10.4 What happens to User order in case of a
lockdown or other force majeure event?
b.
Company shall not be liable for any damages
whatsoever arising out of force majeure or other similar circumstances,
directly or indirectly affecting Company and/or the Platform. Examples of force
majeure events include without limitation real or potential labour disputes,
governmental actions, war or threat of war, sabotage, civil unrest,
demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or
pandemic, provisions or limitations of materials or resources, inability to obtain
the relevant authorization, accident, and defect in electricity or
telecommunication network.
e.
Force majeure or other events beyond the Company’s
control, hindrance, delay or complication in the maintenance of the Platform
entitles the Company to suspend or limit the Platform until further notice.
10.4 Under what circumstances may User be liable for
any damages to Company?
b.
User shall indemnify, defend, and hold harmless
Company and its subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, from and against any and all losses, liabilities,
claims, suits, proceedings, penalties, interests, damages, demands, costs, and
expenses (including legal and statutory fees and disbursements in connection
therewith and interest chargeable thereon) asserted against or incurred by
Company that arise out of, result from, or in connection with:
b.
User’s breach of this Agreement;
e.
any claims made by any third party due to, or
arising out of, or in connection with User’s use of Platform including by end
users/consumers of Reseller(s);
h.
the User’s violation of any rights of another,
including intellectual property rights; and
k.
the User’s violation of any applicable laws.
11. COMMUNICATION
11.1 How to contact Company in case of any queries
regarding this Agreement or grievances relating to Platform?
b.
All queries, concerns or questions about the
Agreement should be sent to Company at query@Flipkarona.com or legalsupport@Flipkarona.com.
Lopamudra Rao is the designated Grievance Officer in respect of this Agreement.
Any complaints or concerns with regard to the Platform or any breach of this
Agreement can be directed to the designated Grievance Officer in writing at the
following address: 06-105-B, 06-102, (138 WU), Vaishnavi Signature, No. 78/9,
Outer Ring Road, Bellandur Village Varthur Hobli, Bengaluru, Karnataka – 560103
11.2 How will the Company contact User?
b.
All notices or demands to or upon a User(s) shall
be effective if either delivered personally, sent by courier, certified mail,
by facsimile or email to the last-known correspondence, fax or email address
provided by User(s) on the Platform, or by posting such notice or demand on an
area of the Platform that is publicly accessible.
e.
Notice to a User(s) shall be deemed to be received
by such User(s) if and either when sent to User at the address, email or other
communication details provided by such User at the time of registration,
whether in physical or electronic form, has been sent to such User(s), or
immediately upon publishing of such notice on an area of the Platform that is
publicly accessible.
11.3 In case of a call from a person asking for
access to User account registered with Company, what should User do?
b.
Company urges the users to beware of fake offers
and fraudulent callers/messengers who may impersonate themselves as
representatives of the Company. The Company’s authorised representatives will
never contact the Users to demand money for prizes or ask for password/PIN/CVV.
In the event you are asked for confidential details by anyone posing as the
Company’s representatives, please ask them to communicate with you through
email and only respond to emails from Flipkarona.com domain. Please see our
Anti Phishing communication available on the Platform.
11.4 Can User disclose its communication through
calls with the Company to third parties?
a. All
calls to the Company are completely confidential. However, the Users’ calls may
be recorded to ensure quality of service. Further, for training purpose and to
ensure excellent customer service, calls from the Company may be monitored and
recorded.
12. MISCELLANEOUS PROVISIONS APPLICABLE TO
AGREEMENT
12.1 This Agreement is governed by the laws of
India. Any action, suit, or other legal proceeding, which is commenced to
resolve any matter arising under or relating to this Agreement or the Platform
shall be subject to the jurisdiction of the courts at Bangalore, India.
12.2 Company shall have the right to assign its obligations
and duties in this Agreement to any person or entity.
12.3 The failure of Company to exercise or enforce
any right or provision of this Agreement shall not constitute a waiver of such
right or provision.
12.4 Platform is controlled and operated from India
and Company makes no representation that the content, information or materials
made available herein are appropriate or will be available for use in other
locations. Access and use of this Platform from outside India is entirely at
User's sole risk and User agrees and undertakes to be responsible for
compliance with all applicable local laws and agrees to release, discharge and
absolve Company from any liability or loss in this respect.
12.5 Company reserves the right to introduce and
initiate new features, functionalities and components to Platform and/or
change, alter, modify, suspend, discontinue or remove the existing ones without
any prior notice to you. Further, Company is entitled to discontinue (either
permanently or temporarily) one or more of the Services provided or terminate
the Platform or charge for Service which were early free of cost, without any
prior notice to User