Fynd Platform is a commerce platform owned and operated by Shopsense Retail Technologies Limited (“Fynd” or “Company”) that provides the tools and technology for Sellers to set up a Sales Channel i.e. an online store and sell products and services on their own website, at physical retail locations, marketplaces and more. While we believe the free and open exchange of ideas and products is a key tenet of commerce, there are some activities that are incompatible with Fynd Platform’s mission to make commerce better for everyone. This Acceptable Use Policy (“AUP”) describes activities that are prohibited in connection with your use of the Services.
This AUP applies to your use of anything that Fynd Platform makes available, including the Fynd Platform website, APIs, SaaS services through Fynd Platform (collectively, the “Services”). This AUP outlines the standards of conduct we require from you vis-à-vis the Services and is designed to protect the integrity of the Services and other users. This AUP may change as Fynd Platform grows and evolves, so please check back regularly for updates and changes.
The AUP is incorporated by reference in our Terms of Service. Capitalized terms used in this AUP and not otherwise defined herein shall have the meaning given in the Terms of Service. In this AUP, “you” refers to the Seller and “us”/”we” refers to Company.
- Content Restrictions
Do not host, display, upload, download, modify, publish or transmit through the Services, or use the Services to distribute or create, anything that:
- belongs to another person and which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, malicious, 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;
- is misleading or misrepresentative in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 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 or any other proprietary rights;
- 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, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to Fynd Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of Fynd Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in certain commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to Fynd Platform. Throughout these AUP, the Company’s prior written consent means a communication coming from the Company’s authorised representative, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
- solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
- interferes with another user's use and enjoyment of Fynd Platform or any third party use and enjoyment of similar services;
- refers to any website or URL that, in our sole discretion, contains material that is inappropriate for Fynd Platform or any other website, contains content that would be prohibited or violates the letter or spirit of this AUP;
- harm minors in any way;
- infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
- is false, inaccurate or misleading;
- directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the 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; or
- creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers;
- is illegal or solicits conduct that is illegal under laws applicable to you or us;
- Violates the rights of others, including data privacy, confidentiality or intellectual property rights;
- Is or includes, patient, medical or personal health information (including protected health information);
- Is or includes financial information, including but not limited to credit and debit card information;
- engage in advertising to, or solicitation of, other users of Fynd Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on Fynd Platform or related to us; and
- transmit any chain letters or unsolicited commercial or junk email to other users via Fynd Platform. It shall be a violation of the Terms of Service and AUP to use any information obtained from Fynd Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent.
- Software usage restrictions
You Shall Not:
use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Fynd Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of Fynd Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Fynd Platform. We reserve our right to prohibit any such activity.
attempt to gain unauthorized access to any portion or feature of Fynd Platform, or any other systems or networks connected to Fynd Platform or to any server, computer, network, or to any of the services offered on or through Fynd Platform, by hacking, "password mining" or any other illegitimate means.
probe, scan or test the vulnerability of Fynd Platform or any network connected to Fynd Platform nor breach the security or authentication measures on Fynd Platform, or any network connected to Fynd Platform.
reverse look-up, trace or seek to trace any information on any other user of or visitor to Fynd Platform, or any other end-customer, including any account on Fynd Platform not owned by you, to its source, or exploit Fynd Platform or any service or information made available or offered by or through Fynd Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Fynd Platform.
use Fynd Platform or any content on Fynd Platform for any purpose that is unlawful or prohibited by the Terms of Service and this AUP, or to solicit the performance of any illegal activity or other activity that infringes the rights of the Company and/or others.
Compliance with applicable law
- You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable data privacy and data protection laws; and (c) local laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, goods & service tax, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of Products or services.
- You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- From time to time, you shall be responsible for providing information relating to the Products or services proposed to be sold by you. In this connection, you undertake that all such information shall be complete, accurate and not misleading in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
In case of any action, omission, transaction or attempted act which is violative of the Terms of Service, this AUP or any applicable laws, which comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at email@example.com.