Terms of Service
By using the Service, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Fynd Platform. If you have any questions about the terms, please contact at firstname.lastname@example.org. Please note that your access to the Services, other Fynd Platforms, or utilisation of Services (defined below), offers, or promotions in relation to the Services as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines ("Additional Terms") along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Fynd Platform and transaction or dealings thereon.
These Terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- We authorize you to view, use and access Fynd Platform solely for services provided on Fynd Platform. We enable transactions on the Platform between participating restaurants/stores/merchants/sellers and buyers, dealing in (a) food and beverages, (b) provisions, consumer goods, consumables, etc., and (c) any other products or services ("Platform Services"). The buyers ("Buyers") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries, grocery stores, other service providers ("Merchants"), by and through the Platform.
- Please read these Terms carefully before using or registering on the Platform or listing any item, accessing any material, information, or Services, posting any information at or through the Platform.
- By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing Fynd Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing Fynd Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
- As a User, this Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean Your affirmative action is on entering information as requested on the sign up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement and our Policies (*defined below*), please do not enter information as requested on the sign up page and click the "Accept" button or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.
- Please note that we do not engage or provide any differentiated treatment to any of the Merchant belonging to the same category or selling similar goods, listed on any of our Fynd Platform/Services.
- The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from taking, any action based on the content on the Platform.
- We reserve the right to modify the Platform and/or alter these Terms and/or Policies at any time and retain the right to deny access at any time including the termination of membership and deletion of the account, to anyone whom we believe has violated the provisions of the Agreement.
- REGISTRATION OF YOUR ACCOUNT
- In order to avail of the Services on Fynd Platform, You are required to register by creating a username and password or registering using mobile verification and providing necessary details about the User in order to be eligible to access the relevant Services.
- You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Fynd Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
- You agree that the sole purpose of registering on or using the Platform is to enable yourself technically to run your legal business online, and you shall not use the Platform in any manner whatsoever for any other purpose other than as mentioned above and for purposes which are not permitted under the applicable law.
- COMMUNICATION AND UNSUBSCRIPTION
- You can unsubscribe/opt-out from receiving marketing/ promotional communications, newsletters, and other notifications from us at any time by following the instructions set out in such communications or by writing to us at email@example.com.
- User Information
- You agree to provide true, accurate, up-to-date, and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform.
- Certain information you provide on the Platform in your profile may reveal, or allow others to identify different aspects of Your private life, and more generally about you. You are expressly and voluntarily accepting the terms of the Agreement and supplying all such information by you on the Platform, including all information deemed "personal" or "sensitive" by applicable laws, is entirely voluntary on your part.
- For the use of our Services, You will be required to use certain devices, software, and data connections, which we otherwise do not supply. For as long as You use our Services, You consent to downloading and installing updates to our Services, including automatically, downloading and installing such updates.
- You are responsible for all carrier data plans and other fees and taxes associated with Your use of our Services. We may charge You for our Services, including applicable taxes. We do not provide refunds for our Services, except as required by Law.
- We shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to us or any other person acting on behalf of the Company.
- You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/ register using the identity of any other Person. You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Platform to ensure that the information provided by You is true, accurate, current, complete, and not misleading at all times.
- If You provide any information that is untrue, inaccurate, misleading, not current, or incomplete or the Company has reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with the User Agreement, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever. Should any other User or Person act upon such untrue, inaccurate, not current, or incomplete information provided or verified by You, the Company, and its Personnel shall not be liable for any damages, Losses, direct, indirect, immediate or remote, interests or claims resulting from such information to You or to any third party. You hereby agree and undertake to indemnify and to hold harmless the Company, and its Personnel in accordance with the Indemnity clause contained in these Terms.
- Once You have signed up on the Platform, You agree, allow and grant the Platform to gain access to Your mobile device to find and keep track of mobile phone numbers of other Users of the Service, Your location, inbuilt storage, or other storage on Your mobile device, access to the internet, control vibration, accounts on Your mobile device and such other data or information downloaded, added, edited, stored, processed, used, deleted on or from Your mobile device.
- General Terms
- All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. The Company does not have any control or does not determine or advise or in any way or involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. The Company may, however, offer support services to Merchants with respect to Order fulfilment, logistics, mode of payment, payment collection, and other ancillary services, pursuant to the understanding between the Company and the Merchants. The price of the products and services offered by the Merchant is solely determined by the Merchant itself and the Company has no role to play in such determination of price in any way whatsoever.
- The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that You choose to deal with on the Platform and use Your best judgment in this regard. All Merchant offers/promotions and third-party offers/promotions are subject to respective party terms and conditions and the Company takes no responsibility for such offers or promotions.
- The Company neither makes any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties (including the Merchants).
- The Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants. The Merchant agrees to indemnify the Company for any and all Losses suffered by the Company due to the Merchant’s use of the Platform and interactions with Buyers pursuant thereto. The Company cannot and does not guarantee that the concerned Buyers and Merchants will perform any transaction concluded on the Platform. The Company is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable, or back-ordered.
- The Company is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. 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 Buyer and Merchant.
- The Company is only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, the Company’s sole responsibility shall be to notify the same to the Merchant and shall also redirect the Buyer to the consumer call centre of the Merchant. The Merchant shall be solely liable for redressing Buyer complaints. In the event You raise any complaint on any Merchant accessed using our Platform, we shall assist You to the best of our abilities by providing relevant information to You, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
- Merchant Terms
- The Merchants may list and provide the details of the products/ services offered for sale to the Buyers as registered users of the Platform however, the Merchants shall not be permitted to sell any product that falls under the list of banned items identified by the Company from time to time, or are otherwise prohibited for sale under applicable Law.
- The Merchants agree and undertake that are legally permitted to sell the products listed for sale on the Platform. Listings may only include text descriptions, graphics, and pictures that describe your products for sale. All listed products must be listed in an appropriate category on the Platform. Soliciting business offline or outside of the Platform with the Buyers is expressly prohibited and would be considered a breach of the User Agreement. All listed products must be kept in stock for successful fulfilment of orders.
- The Merchants hereby agree and undertake that descriptions, images, and other content pertaining to the products/services is complete and accurate, and corresponds directly with the appearance, nature, quality, purpose, and other features of such products/services.
- The listing description of the products must not be misleading and must describe the actual condition of the product. If the product description does not match the actual product, You agree to refund any amounts that You may have received from the Buyer.
- You shall not abuse or misuse the Platform or engage in any activity which violates the terms of the User Agreement. In any such case, the Company may suspend your account or permanently debar You from accessing the Platform.
- User Obligations
- You agree, undertake, and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
- 1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
- belongs to another person and which You do not have any right to;
- 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;
- is misleading or misrepresentative in any way;
- 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;
- 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 libellous;
- 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 (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), 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 the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- engages in 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 the Platform. Throughout these Terms, the Company’s prior written consent means a communication coming from the Company’s authorized 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 the Platform or any third party's user and enjoyment of similar services;
- 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 letter or spirit of these Terms;
- 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 the 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.
- 2. In case of any action, omission, transaction, or attempted transaction which is violative of these Terms or applicable Laws comes to Your knowledge, You shall forthwith take all steps to inform the Company of such violation at firstname.lastname@example.org.
- 3. 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 the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
- 4. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
- 5. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your information, as provided for by the Platform.
- 6. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by the User Agreement or to solicit the performance of any illegal activity or other activity that infringes the rights of the Company and/or others.
- 7. 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 Laws; and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, general sales tax, central excise, 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.
- 8. In order to allow us to use the information supplied by You, without violating Your rights or any laws, You agree to grant us 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 You have in Your information, in any media now known or not currently known, with respect to Your information. We will only use Your Information in accordance with these Terms and Policies applicable to the use of the Platform.
- 9. 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.
- 10. You shall not engage in advertising to or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of the User Agreement to use any information obtained from the 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. You understand that we have the right, at all times, to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize us to) disclose any information about You to any law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- 11. We reserve the right, but have no obligation, to monitor the materials posted on the Platform. The Company shall have 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 or letter of these Terms. Notwithstanding this right, You remain solely responsible for the content of the materials You post on the platform and in Your private messages. Please be advised that such content posted does not reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages, or Losses resulting from the use of content and/or appearance of the content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or intellectual property or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
- 12. Your correspondence or business dealings 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 You and such advertiser. We 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.
- 13. It is possible that other Users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
- 1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
- The Company respects the intellectual property rights of others and expects Users of the Services to do the same. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without any liability to You. We will respond to notices of alleged infringement that comply with applicable Law and are properly provided to us. If You believe that Your content has been copied in a way that constitutes copyright infringement, please report this at email@example.com.
- The Company may in the future charge a fee or charges, as intimated from time to time on the Platform, for registration on the Platform as Users especially for maintaining an official account, for availing services provided by the Company through the Platform. Currently, the Company does not levy any charges/fees for registration, access, or maintaining an account on the Platform. The Company reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing services provided on the Platform. Changes to the Terms or any of the Policies of the Company shall be published on the Platform and such changes shall automatically become effective immediately after they are published on the Platform. You are requested to visit the Terms and various Policies links on the Platform often to keep abreast of any amendments.
- You confirm that these Terms hereunder (and the User Agreement) will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions or provisions of any other agreement or instrument to which You are a party or by which You are bound or to which any of Your property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of Your duties hereunder. You have obtained any consent, approval, authorization of Authority required for the execution, delivery, and performance of its respective obligations hereunder. If the Company suffers any Loss or damages or a claim is made by any Person against the Company or the Platform as a result of a breach or default or contravention on Your part of the User Agreement, You agree to, forthwith upon delivery of notice by the Company, make good such Losses or damages or claim amounts suffered by the Company.
- You confirm that there is no action, suit or proceeding pending against You or to Your knowledge, threatened in any court or by or before any other Authority which would prohibit Your entering into or performing obligations under the User Agreement.
- You confirm that You shall not transfer Your account and shall not assign any rights and obligations under the User Agreement to any third party without the specific prior written permission of the Company.
- You agree, undertake, and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
- In case of any violation by You of the User Agreement, the Company has the right to immediately terminate the access or usage rights of the User to the Platform without any notice and any such violative information that is displayed or submitted on the Platform may be removed immediately and completely and/or report to investigating authorities under applicable Law.
- If the Company terminates Your access to the Platform, the Company may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers and You agree and acknowledge that the Company or the Platform shall not in any manner be responsible and/or liable for removing or deleting such information.
- No Endorsement
- We neither endorse any Merchant nor the products/services offered by them. In addition, although these Terms require You to provide accurate Information, we do not attempt to confirm and do not confirm its purported identity. We will not be responsible for any damage or harm resulting from Your interactions with Merchants.
- By using the Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of Merchants or other third parties will be limited to a claim against the particular Merchant or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
- The Platform may be under constant upgrades, and some functions and features may not be fully operational.
- Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the Platform. As a result, we do not represent that the information posted is correct in every case.
- We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/debit cards.
- The Company disclaims all liability that may arise due to any violation of any applicable Laws including the Law applicable to products and services offered by the Merchant.
- While the materials provided on the Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations, or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to You or any third party for any decision made or action taken in reliance on such information.
- The information provided hereunder is provided "as is". We and/ or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness, or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of Users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, Affiliates, business partners and employees from any kind of professional liability.
- We shall not be liable to You or anyone else for any Losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our Personnel be liable to You or any third party for any decision made or action taken by Your reliance on the content contained on the Platform.
- In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential, or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data, or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
- We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason whatsoever; (b) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; or (c) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Intellectual Property
- We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, order placing process flow, ideas, design, structure, expression, and any content thereof (except any content that is posted by the Merchants).
- You recognize that the Company is the registered owner of the word mark ‘Fynd’ and the logo including but not limited to its variants (“IPR”) and You shall not directly or indirectly, attack or assist another in attacking the validity of, or Company’s or its Affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If You become aware or acquire knowledge of any infringement of IPR You shall report the same at firstname.lastname@example.org with all relevant information.
- You may print off one copy and may download extracts, of any page(s) from the Platform for Your personal reference and You may draw the attention of others within Your organisation to material available on the Platform.
- You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
- You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
- If You print off, copy or download any part of the Platform in breach of these Terms, Your right to use the Platform will cease immediately and You must, at our option, return or destroy any copies of the materials You have made.
- You may download information presented on the Platform at Your sole risk, and without any express or implied warranty from us in relation to such information, provided that: a) such information is used solely for personal purposes and not for any commercial purposes whatsoever; b) no alterations or modifications of any kind are made to such information; c) no further statements and warranties shall be made with regard to such information or documents containing such information for or on our behalf; d) no statements and/or notifications indicating our ownership of and other legal rights and interests in relation to such information shall be removed, in part or in full; e) such information is not reproduced, republished, transmitted, displayed, posted or distributed in any form or by any means.
- FYND PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE FYND PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Disclaimer-To the extent permitted by applicable law, We, our officers, agents, employees, and directors, disclaim any liability against any loss, damage, expenses, liabilities, claims, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on Fynd Platform.
- For all the transactions between the Merchant and the Buyer, the Merchant agrees to pay certain amount of fee ("Transaction Fees") to the Company. The Merchant agrees that the Transaction Fees is subject to change and such change shall be published on the Platform from time to time.
- We may facilitate third-party service providers or payment gateway(s) for processing the Merchant’s payments made in relation to the purchase of products offered by the Merchants to Buyers.
- Merchants will have to enter into a separate agreement with the respective third-party service providers or payment gateway(s) for availing payment collection and settlement services.
- The relevant third-party service provider or payment gateway(s) shall transfer the amount paid by the Buyer in accordance with the term of their respective separate agreement.
- You agree and accept that the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the payment transaction by reason of facilitating third-party service providers or payment gateway(s) or any other method of payment to its Buyers.
- While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: a) Lack of authorization for any transaction; b) Exceeding the preset limit mutually agreed by You and between "Banks"; c) Any payment issues arising out of the transaction; or d) Decline of transaction for any other reason
- You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.
- All payments made against the purchases/Services on the Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform shall not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Platform.
- The Merchants have specifically authorized the Company or its service providers to collect, process, facilitate and remit payments electronically or through 'cash on delivery' to and from other Buyers in respect of transactions made offline.
- Your relationship with the Company is on a principal to principal basis and by accepting these Terms, You agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Platform that are paid for by using the Pay Facility. The Company does not guarantee the identity of any Buyer nor does it ensure that a Buyer or a Merchant will complete a transaction.
- For 'cash on delivery' transactions, refunds, if any, will be made via electronic payment transfers in accordance with the policies adopted by the third-party payment gateway.
- Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
- For electronics payments, refund shall be made through a payment facility using any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- Refunds may be supported for selected banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details for processing the refund.
- The Buyer and Merchant acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Company.
- Buyer and Merchant shall comply with all the applicable Laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility.
- Cancellation and Refunds
- By agreeing to use the Platform and/or initiating a subscription request on the Platform, you agree to be bound by the terms contained in this Policy without modification. If you do not agree to the terms contained in this Policy, you are advised not to transact on the Platform.
- Please note that we may from time to time change the terms of the Policy that governs your refund or cancellation of subscription. Every time you wish to use the Platform, please check the Policy to ensure you understand the terms and conditions that apply at that time.
- We appreciate your business and want to make sure you are satisfied with our services. Please note that all sales are final, and we do not offer refunds or cancellations. If you have any questions or concerns about our platform, please contact our customer support team via email@example.com.
- Please be aware that abandoning the usage of the platform will not be considered as a cancellation. In the event of non-payment of any outstanding dues, we reserve the right to pursue legal action against the defaulter as permitted by law.
- Third Party Links
In your use of the Fynd Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Fynd Platform or access any other third-party website linked to the Fynd Platform. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase, or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation, or responsibility for any such correspondence, purchase or promotion, access, or usage of any third-party website and the contract under such instances remains between you and any such third party.
- AVAILIBILITY AND ACCESIBILITY OF FYND PLATFORM
- We have several websites offering Products, Services, content, and various other functionalities to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
- Information that we publish on the world wide web may contain references or cross-references to our Products, programs, and Services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs, or Services in your country. Consult our local business contact for information regarding the Products, programs, and Services that may be available to you.
- We constantly monitor the user's account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges, and lawyer fees from persons using Fynd Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Fynd Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
- COPYRIGHTS IN CONTENT
- The Fynd Platform contains material, including text, graphics, and sound, which is protected by copyright and/or other intellectual property rights ("Content"). All copyright and other intellectual property rights in the Content are either owned by us or have been licensed to us by the owner(s) of those rights so that we can use the Content as part of Service. We retain copyright on all Information, including text, graphics, and sound, and all trademarks displayed on the Fynd Platform are either owned by or licensed to us.
- You may use and display the Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive, and non-transferable license to you by us.
- You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any Content contained on the Fynd Platform. These restrictions apply in relation to all or part of the Content available on the Fynd Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Content or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Content or Fynd Platform; or (e) link any other material to the Content displayed on the Fynd Platform, without our express written consent.
- If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at firstname.lastname@example.org.
- LICENSE AND USE OF YOUR CONTENT
- You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Fynd Platform for the purpose of providing Services under the Terms, without additional approval. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
- You agree if we become aware of inappropriate use of the Fynd Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
- Submissions and unauthorised use of any materials contained on the Fynd Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Fynd Platform or the use of the Fynd Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
- INDEMNIFICATION AND LIMITATION OF LIABILITY
- BREACH AND TERMINATION
- Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the membership and deletion of the account , limit Your activity on the Platform, immediately remove Your information, or warn other Users of Your actions, forthwith temporarily/indefinitely suspend or terminate or block Your user account/membership, and/or refuse to provide You with access to the Platform or initiate any legal action it may deem fit, particularly in the event: You breach any of the provisions of the User Agreement, any of the documents, agreements between the Company and You in addition to these Terms, terms and conditions made thereunder which are incorporated therein by reference; any misuse of Your account or the Pay Facility (if utilised), in case the Company is unable to verify or authenticate any information provided by You, if the Company believes that Your actions may cause legal liability to the Company, other Users or Yourself.
- No actions, omissions, or decisions taken by the Company shall waive any rights or claims that the Company may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the Platform or use the Platform in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if You breach the Terms or the Policies and other documents incorporated therein by reference or any other agreements entered into by the Company and You in addition to the Terms, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against You.
- You agree and acknowledge that we, in our sole discretion, without prior notification or intimation, may terminate your access to all or part of the Platform or cease to provide accessibility to the Platform, for reasons including but not limited to: a) In response to the requests of law enforcement agencies or other government institutions; b) In response to your own request; c) The suspension or major modification of the website or any of its services; d) Unforeseeable technical issues; e) Occurrence of an event outside our control.
- All Your obligations and liabilities incurred prior to the termination date shall survive the termination of the User Agreement for all purposes.
- APPLICABLE LAW AND JURISDICTION
- CUSTOMER CARE SUPPORT
In accordance with the applicable law, any concern, feedback which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such customer support personnel at the below mentioned coordinate: Shopsense Retail Technologies Limited 1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093 Email: email@example.com
- FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.