-
Notifications
You must be signed in to change notification settings - Fork 1
/
terms of use.html
415 lines (352 loc) · 26.3 KB
/
terms of use.html
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
<html>
<head>
<title>
Flipkart - The E commerce Website
</title>
<link rel="stylesheet" href="https://stackpath.bootstrapcdn.com/bootstrap/4.4.1/css/bootstrap.min.css" integrity="sha384-Vkoo8x4CGsO3+Hhxv8T/Q5PaXtkKtu6ug5TOeNV6gBiFeWPGFN9MuhOf23Q9Ifjh" crossorigin="anonymous">
<style>
.header{background-color: #2874f0; color: aliceblue; height: 50px; text-align: center;}
.container{}
.footer{background-color: #172337; color: wheat; height: 330px; position: fixed; width: 100%; bottom: 0; padding-top: 70px;}
.box1{margin-top: 10px;}
.text1{width: 100%;}
.menu{height: 30px; width: 50px; margin-top: 10px; background-color: white; color: #2874f0; border-radius: 25px;}
.button{background-color: white; padding: 5px; cursor: pointer; height: 30px; width: 150px; color: blue;}
.nav{ background-color: aliceblue; color: blue; font-style: italic; height: 40px; padding: 5px; text-align: center ;}
</style>
</head>
<body>
<div class="header row">
<div class="col-sm-1">
<button type="menu" class="menu">...</button>
</div>
<div class="col-sm-2">
<b><h2><i class="box1">Flipkart</i></h2></b>
</div>
<div class="col-sm-6 box1">
<input type="text" class="text1" value="Search for your products here">
</div>
<div class="col-sm-3 box1">
<button class="button"><b><i>Login</i></b></button>
</div>
</div>
<div class="row nav">
<div class="col-sm-2 btn btn-success">
<a>Home</a>
</div>
<div class="col-sm-2 btn btn-success">
<a>Phones</a>
</div>
<div class="col-sm-2 btn btn-success">
<a>TVs</a>
</div>
<div class="col-sm-2 btn btn-success">
<a>Appliances</a>
</div>
<div class="col-sm-2 btn btn-success">
<a>Best Buy</a>
</div>
<div class="col-sm-2 btn btn-success">
<a>About us</a>
</div>
</div>
<div class="container"><br>
<center><font size="8"><b>Flipkart Terms of Use</b></font></center><br>
<p><font size="3" face="-apple-system,BlinkMacSystemFont,'Segoe UI',Roboto,'Helvetica Neue',Arial,'Noto Sans',sans-serif,'Apple Color Emoji','Segoe UI Emoji','Segoe UI Symbol','Noto Color Emoji'">
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.<br><br>
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.flipkart.com]
[www.flipkart.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)<br><br>
The Platform is owned by Flipkart Internet Private Limited a company incorporated under the Companies Act, 1956 with its registered
office at Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560103,
Karnataka, India and its branch offices at 2nd Floor, Block F (Flora), Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village,
Bengaluru-560103, Karnataka, India and; 447/C, 12th Main, 4th Block, Koramangala, Bengaluru-560034, Karnataka, India (hereinafter referred to as "Flipkart").<br><br>
Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to
the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform,
You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform,
You shall be contracting with Flipkart Internet Private Limited and these terms and conditions including the policies
constitute Your binding obligations, with Flipkart.<br><br>
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person
who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered
User using the computer systems. Flipkart allows the User to surf the Platform or making purchases without registering on the Platform.
The term "We", "Us", "Our" shall mean Flipkart Internet Private Limited.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews),
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated
into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change,
modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review
these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that
You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable,
limited privilege to enter and use the Platform.<br><br>
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE,
SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use,
You also accept and agree to be bound by Flipkart Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.<br><br>
Membership Eligibility<br><br>
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872.
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc.
are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on
the Platform only under the supervision and prior consent/ permission of a parent ormlegal guardian.<br><br>
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents.
Flipkart reserves the right to terminate your membership and / or refuse to provide you with access to the Platform
if it is brought to Flipkart's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.<br><br>
Your Account and Registration Obligations<br><br>
If You use the Platform, You shall be responsible for maintaining the confidentiality of your
Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password.
You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use,
We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.<br><br>
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform.
It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times.
You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.<br><br>
You agree that Flipkart shall not be liable or responsible for the activities or consequences of use or
misuse of any information that occurs under your Account in cases, including, where You have failed to update Your
revised mobile phone number and/or e-mail address on the Website Platform.<br><br>
If You share or allow others to have access to Your account on the Platform (“Account”),
by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information.
You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.<br><br>
Communications<br><br>
When You use the Platform or send emails or other data, information or communication to us,
You agree and understand that You are communicating with Us through electronic records and
You consent to receive communications via electronic records from Us periodically and as and when required.
We may communicate with you by email or by such other mode of communication, electronic or otherwise.<br><br>
Platform for Transaction and Communication<br><br>
The Platform is a platform that Users utilize to meet and interact with one another for their transactions.
Flipkart is not and cannot be a party to or control in any manner any transaction between the Platform's Users.<br><br>
Henceforward:<br><br>
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products
and services and after sales services related to products and services. Flipkart 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 Buyers and Sellers.
All discounts, offers (including exchange offers) are by the Seller/Brand and not by Flipkart.<br><br>
Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller
and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to
cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS.
Any transaction price paid by Buyer in case of such cancellation by Seller,
shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed
the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of
several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption.
What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the
Seller and may vary from individual to individual.<br><br>
Flipkart does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the
products or services proposed to be sold or offered to be sold or purchased on the Platform. Flipkart does not implicitly or explicitly
support or endorse the sale or purchase of any products or services on the Platform. Flipkart accepts no liability for any errors or omissions,
whether on behalf of itself or third parties.<br><br>
Flipkart is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers.
Flipkart cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
Flipkart shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.<br><br>
Flipkart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness,
identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that
You choose to deal with on the Platform and use Your best judgment in that behalf.<br><br>
Flipkart does not at any point of time during any transaction between Buyer and Seller on the Platform come into or
take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or
claims over the products or services offered by Seller to Buyer.<br><br>
At no time shall Flipkart hold any right, title or interest over the products nor shall Flipkart have any obligations or
liabilities in respect of such contract entered into between Buyers and Sellers. Flipkart is not responsible for unsatisfactory
or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.<br><br>
The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services.
Flipkart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services
shall be a strictly bipartite contract between the Seller and the Buyer.<br><br>
At no time shall Flipkart hold any right, title or interest over the products nor shall Flipkart have any obligations or liabilities in respect of such contract.<br><br>
Flipkart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result
of products which are out of stock, unavailable or back ordered.<br><br>
Select products offered by sellers may be eligible for business purchases on the Platform.<br><br>
Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit.
Accordingly, at your request, an invoice containing the GSTIN as provided by You ("Tax Invoice") shall be issued to You by the Seller(s) selling such products.<br><br>
GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with your registered business, as provided by you<br><br>
Entity name of your registered business, as provided by you
Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers.
You will be able to view the eligibility of Tax Invoice on the product page on the Platform.<br><br>
Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform
for any commercial, promotional, resale or further distribution purposes.<br><br>
For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as
per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.<br><br>
The delivery and billing addresses will be required to be the same, please note that input tax credit will
be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.<br><br>
If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
Flipkart is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and
You shall be entirely responsible to provide the accurate details.<br><br>
Flipkart and Seller shall not entertain any request for any revision in the GST Invoice. Flipkart and Seller shall
not be liable for Your default including for reasons associated with details provided by You.<br><br>
Flipkart will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
You shall be solely liable for all compliances required under applicable laws.
You agree to indemnify and hold Flipkart and Seller harmless from all losses, claims, costs, expenses,
suits, proceedings, or any other liability including any third-party claims (including any penalties
imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name
provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your
non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.<br>
Flipkart has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.
Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax
Invoice to cancel the transaction, if any fraudulent activity is identified.<br>
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc.
with the seller(s) that You transact with.<br><br>
Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue,
typographical error or product information published by seller may be incorrectly reflected and in such
an event seller may cancel such your order(s).<br><br>
You release and indemnify Flipkart and/or any of its officers and representatives from any cost, damage, liability or
other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have
in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Flipkart cannot take
responsibility or control the information provided by other Users which is made available on the Platform.
You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive.
Please use caution and practice safe trading when using the Platform.<br>
Please note that there could be risks in dealing with underage persons or people acting under false pretence.<br><br>
To join the FIV, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly
infringing listings and the infringed work, complete with an original authorized signature. The information requested by the
Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable
Flipkart to easily identify the material or listing to be ended.<br><br>
In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy,
future notices can be sent to Us by email at [email protected].<br><br>
Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual
property. General notices shall not be accepted.<br><br>
We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request
absent formal notice from an authorized rights owner.<br><br>
Notice of Infringement<br><br>
Flipkart Internet Private Limited<br><br>
_______________________<br><br>
_______________________<br><br>
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:<br><br>
I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").<br><br>
I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner,
its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to
the material or products claimed to be infringing.<br><br>
I may be contacted at:<br><br>
Name ___________________________________________________________<br><br>
Title & Company ________________________________________________________<br><br>
Address _________________________________________________________<br><br>
Email (correspondence) ___________________________________________________<br><br>
Telephone/Fax _____________________________________________________________<br><br>
Date _________________________________________________________________<br><br>
and I make this declaration conscientiously believing it to be true and correct.<br><br>
Declared by ______________________________<br><br>
on [date] ___________________________________ in [place]________<br><br>
Truthfully,<br><br>
Signature<br><br>
Addendum to Notice of Infringement:<br><br>
List of Allegedly Infringing Listings, Products, or Materials<br><br>
A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site,
Flipkart will inform Sellers of the specific reason for the removal of their products.<br><br>
Select the most appropriate reason. Please associate each item you report with only one reason code.<br><br>
Trademark-infringement<br><br>
Trademark owner doesn't make this type of product or has discontinued the production of the product<br>
Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit<br>
Trademark-listing description infringement<br><br>
Listing(s) has unlawful comparison to trademark owner's brand or product<br>
Listing(s) contains unlawful use of trademark owner's logo<br>
Copyright-item infringement<br>
Software is being offered without any license or in violation of a license<br>
Item(s) is a bootleg recording;<br>
Item(s) is an unlawful copy (software, games, movies, etc.);<br>
Item(s) is unlawful duplication of printed material<br>
Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)<br>
Copyright-listing content infringement<br>
Listing(s) comprises unauthorized copy of copyrighted text<br><br>
Listing(s) comprises unauthorized copy of copyrighted image<br><br>
Listing(s) comprises unauthorized copy of copyrighted image and text<br><br>
Reason Code: _____________________________________________________________<br><br>
Work(s)<br><br>
infringed: _________________________________________________________<br><br>
Item Number(s): ___________________________________________________________<br><br>
Note:<br><br>
Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)<br>
Please provide the evidence as to the ownership of copyright.<br>
All such Notices of Infringement shall be sent to [email protected]; or [email protected].<br>
Contacting the Seller<br><br>
At Flipkart we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at 1800 202 9898 or access help center at http://www.flipkart.com/helpcentre
</font></p>
</div>
<div class="footer">
<div class="row">
<div class="col-sm-3">
<ul>
<li>
Contact us
</li>
<li>
About us
</li>
<li>
Careers
</li>
<li>
Flipkart Stories
</li>
<li>
Press
</li>
</ul>
</div>
<div class="col-sm-3">
<ul>
<li>
Home
</li>
<li>
Phones
</li>
<li>
TVs
</li>
<li>
Appliances
</li>
<li>
Best Buy
</li>
</ul>
</div>
<div class="col-sm-3">
<ul>
<li>
Return Policy
</li>
<li>
Terms of use
</li>
<li>
Security
</li>
<li>
Privacy
</li>
<li>
Sitemap
</li>
</ul>
</div>
<div class="col-sm-3">
<ul>
<li>
Facebook
</li>
<li>
Instagram
</li>
<li>
Youtube
</li>
<li>
Twitter
</li>
<li>
Email
</li>
</ul>
</div>
</div><br><hr><br>
<div class="row">
<div class="col-sm-3">
Sell On Flipkart
</div>
<div class="col-sm-3">
Advertise
</div>
<div class="col-sm-3">
Gift Cards
</div>
<div class="col-sm-3">
Help Center
</div>
</div>
</div>
</body>
</html>