Flipkart Terms of Use.docx

7/24/2019 Flipkart Terms of Use.docx

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Flipkart Terms of Use

This document is an electronic record in terms of Information Technology Act,

2000 and rules there under as applicable and the amended provisions pertainingto 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 reuire any physical or digital signatures.

This document is published in accordance !ith the provisions of "ule # $%& of the

Information Technology $Intermediaries guidelines& "ules, 20%% that reuire

publishing the rules and regulations, privacy policy and Terms of Use for access

or usage of !!!.'ipkart.com !ebsite.

The domain name !!!.'ipkart.com $hereinafter referred to as ()ebsite(& is

o!ned by Flipkart Internet *rivate +imited a company incorporated under the

ompanies Act, %-/ !ith its registered oce at 1aishnavi ummit, 3round

Floor, 4th 5ain, 60 feet "oad, #rd 7lock, 8oramangala Industrial +ayout, 9e:t to

)ipro oce, orporation )ard 9o. /6, 8oramangala, 7angalore ; /0 0#ect to the policies that are applicable to

the )ebsite for such transaction. 7y mere use of the )ebsite, =ou shall be

contracting !ith Flipkart Internet *rivate +imited and these terms and conditions

including the policies constitute =our binding obligations, !ith Flipkart.

For the purpose of these Terms of Use, !herever the conte:t so reuires (=ou( or(User( shall mean any natural or legal person !ho has agreed to become a buyer

on the )ebsite by providing "egistration ?ata !hile registering on the )ebsite

as "egistered User using the computer systems. Flipkart allo!s the User to surf

the )ebsite or making purchases !ithout registering on the )ebsite. The term

()e(, (Us(, (@ur( shall mean Flipkart Internet *rivate +imited.

)hen =ou use any of the services provided by Us through the )ebsite, including

but not limited to, $e.g. *roduct "evie!s, eller "evie!s&, =ou !ill be sub>ect 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


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considered as part and parcel of this Terms of Use. )e reserve the right, at @ur

sole discretion, to change, modify, add or remove portions of these Terms of Use,

at any time !ithout any prior !ritten notice to =ou. It is =our responsibility to

revie! these Terms of Use periodically for updates changes. =our continued use

of the )ebsite follo!ing the posting of changes !ill mean that =ou accept and

agree to the revisions. As long as =ou comply !ith these Terms of Use, )e grant=ou a personal, non;e:clusive, non;transferable, limited privilege to enter and

use the )ebsite.

ABI93, 7"@)I93 @" @TCB")IB UI93 TCB ITB I9?IATB =@U"

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@ *+BAB "BA? TCB TB"5 @F UB A"BFU++= 7BF@"B *"@BB?I93. 7y

impliedly or e:pressly accepting these Terms of Use, =ou also accept and agree

to be bound by Flipkart *olicies $$including but not limited to *rivacy *olicy

available at *rivacy& as amended from time to time.

5embership Bligibility

Use of the )ebsite is available only to persons !ho can form legally binding

contracts under Indian ontract Act, %642. *ersons !ho are (incompetent to

contract( !ithin the meaning of the Indian ontract Act, %642 including minors,

un;discharged insolvents etc. are not eligible to use the )ebsite. If you are aminor i.e. under the age of %6 years, you shall not register as a User of the

Flipkart !ebsite and shall not transact on or use the !ebsite. As a minor if you

!ish to use or transact on !ebsite, such use or transaction may be made by your

legal guardian or parents on the )ebsite. Flipkart reserves the right to terminate

your membership and or refuse to provide you !ith access to the )ebsite if it is

brought to FlipkartDs notice or if it is discovered that you are under the age of %6

years.

=our Account and "egistration @bligations

If =ou use the )ebsite, =ou shall be responsible for maintaining the

conEdentiality of your ?isplay 9ame and *ass!ord and =ou shall be responsible

for all activities that occur under your ?isplay 9ame and *ass!ord. =ou agree

that if =ou provide any information that is untrue, inaccurate, not current or

incomplete or )e have reasonable grounds to suspect that such information is

untrue, inaccurate, not current or incomplete, or not in accordance !ith the this

Terms of Use, )e shall have the right to indeEnitely suspend or terminate or

block access of your membership on the )ebsite and refuse to provide =ou !ith

access to the )ebsite.


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ommunications

)hen =ou use the )ebsite or send emails or other data, information or

communication to us, =ou agree and understand that =ou are communicating!ith Us through electronic records and =ou consent to receive communications

via electronic records from Us periodically and as and !hen reuired. )e may

communicate !ith you by email or by such other mode of communication,

electronic or other!ise.

*latform for Transaction and ommunication

The )ebsite is a platform that Users utilie to meet and interact !ith one

another for their transactions. Flipkart is not and cannot be a party to or control

in any manner any transaction bet!een the )ebsiteDs Users.

Cencefor!ardG

%. All commercialcontractual terms are oHered by and agreed to bet!een 7uyers

and ellers alone. The commercialcontractual terms include !ithout limitation

price, shipping costs, payment methods, payment terms, date, period and mode

of delivery, !arranties 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 !ay involve itself in the oHering or acceptance of

such commercialcontractual terms bet!een the 7uyers and ellers.

2. Flipkart does not make any representation or )arranty as to speciEcs $such as

uality, value, salability, etc& of the products or services proposed to be sold or

oHered to be sold or purchased on the )ebsite. Flipkart does not implicitly or

e:plicitly support or endorse the sale or purchase of any products or services on

the )ebsite. Flipkart accepts no liability for any errors or omissions, !hether on

behalf of itself or third parties.

#. Flipkart is not responsible for any non;performance or breach of any contract

entered into bet!een 7uyers and ellers. Flipkart cannot and does not guarantee

that the concerned 7uyers andor ellers !ill perform any transaction concluded

on the )ebsite. Flipkart shall not and is not reuired to mediate or resolve any

dispute or disagreement bet!een 7uyers and ellers.


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advised to independently verify the bona Edes of any particular User that =ou

choose to deal !ith on the )ebsite and use =our best >udgment in that behalf.

. Flipkart does not at any point of time during any transaction bet!een 7uyerand eller on the )ebsite come into or take possession of any of the products or

services oHered by eller nor does it at any point gain title to or have any rights

or claims over the products or services oHered by eller to 7uyer.

/. 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 bet!een 7uyers and ellers. Flipkart is not responsible for

unsatisfactory or delayed performance of services or damages or delays as a

result of products !hich are out of stock, unavailable or back ordered.

4. The )ebsite is only a platform that can be utilied 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 bet!een the eller and the 7uyer.

At no time shall Flipkart hold any any right, title or interest over the products nor

shall Flipkart have any obligations or liabilities in respect of such contract.

Flipkart is not responsible for unsatisfactory or delayed performance of services

or damages or delays as a result of products !hich are out of stock, unavailable

or back ordered.

6. =ou shall independently agree upon the manner and terms and conditions of

delivery, payment, insurance etc. !ith the seller$s& that =ou transact !ith.

?isclaimerG *ricing on any product$s& as is re'ected on the )ebsite may due tosome technical issue, typographical error or product information published by

seller may be incorrectly re'ected and in such an event seller may cancel such

your order$s&.

-. =ou release and indemnify Flipkart andor any of its ocers and

representatives from any cost, damage, liability or other conseuence of any of

the actions of the Users of the )ebsite and speciEcally !aive any claims that you

may have in this behalf under any applicable la!. 9ot!ithstanding its reasonable

eHorts in that behalf, Flipkart cannot take responsibility or control the

information provided by other Users !hich is made available on the )ebsite. =ou


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may End other UserDs information to be oHensive, harmful, inconsistent,

inaccurate, or deceptive. *lease use caution and practice safe trading !hen

using the )ebsite.

*lease note that there could be risks in dealing !ith underage persons or people

acting under false pretence.

harges

5embership on the )ebsite is free for buyers. Flipkart does not charge any fee

for bro!sing and buying on the )ebsite. Flipkart reserves the right to change its

Fee *olicy from time to time. In particular, Flipkart may at its sole discretion

introduce ne! services and modify some or all of the e:isting services oHered on

the )ebsite. In such an event Flipkart reserves the right to introduce fees for the

ne! services oHered or amendintroduce fees for e:isting services, as the case

may be. hanges to the Fee *olicy shall be posted on the )ebsite and such

changes shall automatically become eHective immediately after they are posted

on the )ebsite. Unless other!ise stated, all fees shall be uoted in Indian

"upees. =ou shall be solely responsible for compliance of all applicable la!s

including those in India for making payments to Flipkart Internet *rivate +imited.

Use of the )ebsite

=ou agree, undertake and conErm that =our use of )ebsite shall be strictly

governed by the follo!ing binding principlesG

%. =ou shall not host, display, upload, modify, publish, transmit, update or share

any information !hichG

$a& belongs to another person and to !hich =ou does not have any right to

$b& is grossly harmful, harassing, blasphemous, defamatory, obscene,pornographic, paedophilic, libellous, invasive of anotherDs privacy, hateful, or

racially, ethnically ob>ectionable, disparaging, relating or encouraging money

laundering or gambling, or other!ise unla!ful in any manner !hatever or

unla!fully threatening or unla!fully harassing including but not limited to

(indecent representation of !omen( !ithin the meaning of the Indecent

"epresentation of )omen $*rohibition& Act, %-6/

$c& is misleading in any !ay

$d& is patently oHensive to the online community, such as se:ually e:plicit

content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred

or physical harm of any kind against any group or individual


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$e& harasses or advocates harassment of another person

$f& involves the transmission of (>unk mail(, (chain letters(, or unsolicited mass

mailing or (spamming(

$g& promotes illegal activities or conduct that is abusive, threatening, obscene,defamatory or libellous

$h& infringes upon or violates any third partyDs rights Jincluding, but not limited

to, intellectual property rights, rights of privacy $including !ithout limitation

unauthoried disclosure of a personDs name, email address, physical address or

phone number& or rights of publicityK

$i& promotes an illegal or unauthoried copy of another personDs copyrighted

!ork $see (opyright complaint( belo! for instructions on ho! to lodge a

complaint about uploaded copyrighted material&, such as providing pirated

computer programs or links to them, providing information to circumventmanufacture;installed copy;protect devices, or providing pirated music or links to

pirated music Eles

$>& contains restricted or pass!ord;only access pages, or hidden pages or images

$those not linked to or from another accessible page&

$k& provides material that e:ploits people in a se:ual, violent or other!ise

inappropriate manner or solicits personal information from anyone

$l& provides instructional information about illegal activities such as making or

buying illegal !eapons, violating someoneDs privacy, or providing or creatingcomputer viruses

$m& contains video, photographs, or images of another person $!ith a minor or

an adult&.

$n& tries to gain unauthoried access or e:ceeds the scope of authoried access

to the )ebsite or to proEles, blogs, communities, account information, bulletins,

friend reuest, or other areas of the )ebsite or solicits pass!ords or personal

identifying information for commercial or unla!ful purposes from other users

$o& engages in commercial activities andor sales !ithout @ur prior !rittenconsent such as contests, s!eepstakes, barter, advertising and pyramid

schemes, or the buying or selling of (virtual( products related to the )ebsite.

Throughout this Terms of Use, FlipkartDs prior !ritten consent means a

communication coming from FlipkartDs +egal ?epartment, speciEcally in response

to =our reuest, and speciEcally addressing the activity or conduct for !hich =ou

seek authoriation

$p& solicits gambling or engages in any gambling activity !hich )e, in @ur sole

discretion, believes is or could be construed as being illegal

$& interferes !ith another UB"Ds use and en>oyment of the )ebsite or any otherindividualDs User and en>oyment of similar services


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$r& refers to any !ebsite or U"+ that, in @ur sole discretion, contains material

that is inappropriate for the )ebsite or any other !ebsite, contains content that

!ould be prohibited or violates the letter or spirit of these Terms of Use.

$s& harm minors in any !ay

$t& infringes any patent, trademark, copyright or other proprietary rights or third

partyDs trade secrets or rights of publicity or privacy or shall not be fraudulent or

involve the sale of counterfeit or stolen products

$u& violates any la! for the time being in force

$v& deceives or misleads the addressee users about the origin of such messages

or communicates any information !hich is grossly oHensive or menacing in

nature

$!& impersonate another person

$:& contains soft!are viruses or any other computer code, Eles or programs

designed to interrupt, destroy or limit the functionality of any computer resource

or contains any tro>an horses, !orms, time bombs, cancelbots, easter eggs or

other computer programming routines that may damage, detrimentally interfere

!ith, diminish value of, surreptitiously intercept or e:propriate any system, data

or personal information

$y& threatens the unity, integrity, defence, security or sovereignty of India,

friendly relations !ith foreign states, or public order or causes incitement to the

commission of any cogniable oHence or prevents investigation of any oHence oris insulting any other nation.

$& shall not be false, inaccurate or misleading

$aa& shall not, directly or indirectly, oHer, attempt to oHer, trade or attempt to

trade in any item, the dealing of !hich is prohibited or restricted in any manner

under the provisions of any applicable la!, rule, regulation or guideline for the

time being in force.

$ab& shall not create liability for Us or cause Us to lose $in !hole or in part& the

services of @ur internet service provider $(I*s(& or other suppliers

2. =ou shall not use any (deep;link(, (page;scrape(, (robot(, (spider( or other

automatic device, program, algorithm or methodology, or any similar or

euivalent manual process, to access, acuire, copy or monitor any portion of

the )ebsite or any ontent, or in any !ay reproduce or circumvent the

navigational structure or presentation of the )ebsite or any ontent, to obtain or

attempt to obtain any materials, documents or information through any means

not purposely made available through the )ebsite. )e reserve @ur right to bar

any such activity.


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#. =ou shall not attempt to gain unauthoried access to any portion or feature of

the )ebsite, or any other systems or net!orks connected to the )ebsite or to

any server, computer, net!ork, or to any of the services oHered on or through

the )ebsite, by hacking, pass!ord (mining( or any other illegitimate means.


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6. =ou may not use the )ebsite or any content for any purpose that is unla!ful

or prohibited by these Terms of Use, or to solicit the performance of any illegal

activity or other activity !hich infringes the rights of Flipkart and or others.

-. =ou shall at all times ensure full compliance !ith the applicable provisions of

the Information Technology Act, 2000 and rules thereunder as applicable and as

amended from time to time and also all applicable ?omestic la!s, rules and

regulations $including the provisions of any applicable B:change ontrol +a!s or

"egulations in Force& and International +a!s, Foreign B:change +a!s, tatutes,

@rdinances and "egulations $including, but not limited to ales Ta:1AT, Income

Ta:, @ctroi, ervice Ta:, entral B:cise, ustom ?uty, +ocal +evies& regarding

=our use of @ur service and =our listing, purchase, solicitation of oHers to

purchase, and sale of products or services. =ou shall not engage in any

transaction in an item or service, !hich is prohibited by the provisions of any

applicable la! including e:change control la!s or regulations for the time being

in force.

%0. olely to enable Us to use the information =ou supply Us !ith, so that !e are

not violating any rights =ou might have in =our Information, =ou agree to grant Us

a non;e:clusive, !orld!ide, perpetual, irrevocable, royalty;free, sub;licensable

$through multiple tiers& right to e:ercise the copyright, publicity, database rights

or any other rights =ou have in =our Information, in any media no! kno!n or not

currently kno!n, !ith respect to =our Information. )e !ill only use =ourinformation in accordance !ith the Terms of Use and *rivacy *olicy applicable to

use of the )ebsite.

%%. From time to time, =ou shall be responsible for providing information relating

to the products or services proposed to be sold by =ou. In this connection, =ou

undertake that all such information shall be accurate in all respects. =ou shall not

e:aggerate or over emphasie the attributes of such products or services so as

to mislead other Users in any manner.

%2. =ou shall not engage in advertising to, or solicitation of, other Users of the

)ebsite to buy or sell any products or services, including, but not limited to,

products or services related to that being displayed on the )ebsite or related to

us. =ou may not transmit any chain letters or unsolicited commercial or >unk

email to other Users via the )ebsite. It shall be a violation of these Terms of Use

to use any information obtained from the )ebsite 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 !ithout @ur prior e:plicit consent. In order to

protect @ur Users from such advertising or solicitation, )e reserve the right torestrict the number of messages or emails !hich a user may send to other Users


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in any 2ury.

)e reserve the right, but has no obligation, to monitor the materials posted on

the )ebsite. Flipkart shall have the right to remove or edit any content that in its

sole discretion violates, or is alleged to violate, any applicable la! or either the

spirit or letter of these Terms of Use. 9ot!ithstanding this right, =@U "B5AI9@+B+= "B*@9I7+B F@" TCB @9TB9T @F TCB 5ATB"IA+ =@U *@T @9 TCB

)B7ITB A9? I9 =@U" *"I1ATB 5BA3B. *lease be advised that such ontent

posted does not necessarily re'ect Flipkart vie!s. In no event shall Flipkart

assume or have any responsibility or liability for any ontent posted or for any

claims, damages or losses resulting from use of ontent andor appearance of

ontent on the )ebsite. =ou hereby represent and !arrant that =ou have all

necessary rights in and to all ontent !hich =ou provide and all information it

contains and that such ontent shall not infringe any proprietary or other rights

of third parties or contain any libellous, tortious, or other!ise unla!ful

information.

%#. =our correspondence or business dealings !ith, or participation in promotions

of, advertisers found on or through the )ebsite, including payment and delivery

of related products or services, and any other terms, conditions, !arranties or

representations associated !ith such dealings, are solely bet!een =ou and such

advertiser. )e 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 )ebsite.

%ure

=ou. )e does not approve of such unauthoried uses, but by using the )ebsite

=ou ackno!ledge and agree that )e are not responsible for the use of any

personal information that =ou publicly disclose or share !ith others on the

)ebsite. *lease carefully select the type of information that =ou publicly discloseor share !ith others on the )ebsite.


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%. Flipkart shall have all the rights to take necessary action and claim damages

that may occur due to your involvementparticipation in any !ay on your o!n or

through groups of people, intentionally or unintentionally in ?o??o

$?istributed ?enial of ervices&.

ontents *osted on ite

All te:t, graphics, user interfaces, visual interfaces, photographs, trademarks,

logos, sounds, music and art!ork $collectively, (ontent(&, is a third party user

generated content and Flipkart has no control over such third party user

generated content as Flipkart is merely an intermediary for the purposes of this

Terms of Use.

B:cept as e:pressly provided in these Terms of Use, no part of the )ebsite and

no ontent may be copied, reproduced, republished, uploaded, posted, publicly

displayed, encoded, translated, transmitted or distributed in any !ay $including

(mirroring(& to any other computer, server, )ebsite or other medium for

publication or distribution or for any commercial enterprise, !ithout FlipkartDs

e:press prior !ritten consent.

=ou may use information on the products and services purposely made available

on the )ebsite for do!nloading, provided that =ou $%& do not remove any

proprietary notice language in all copies of such documents, $2& use such

information only for your personal, non;commercial informational purpose and donot copy or post such information on any net!orked computer or broadcast it in

any media, $#& make no modiEcations to any such information, and $


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)e vie! protection of =our privacy as a very important principle. )e understand

clearly that =ou and =our *ersonal Information is one of @ur most important

assets. )e store and process =our Information including any sensitive Enancial

information collected $as deEned under the Information Technology Act, 2000&, if

any, on computers that may be protected by physical as !ell as reasonable

technological security measures and procedures in accordance !ith InformationTechnology Act 2000 and "ules there under. @ur current *rivacy *olicy is

available at *rivacy. If =ou ob>ect to =our Information being transferred or used in

this !ay please do not use )ebsite.

)e may share personal information !ith our other corporate entities and

aliates. These entities and aliatesmay market to you as a result of such

sharing unless you e:plicitly opt;out.

)e may disclose personal information to third parties. This disclosure may be

reuired for us to provide youaccess to our ervices, to comply !ith our legal

obligations, to enforce our User Agreement, to facilitate our marketing and

advertising activities, or to prevent, detect, mitigate, and investigate fraudulent

or illegal activities related to our ervices. )e do not disclose your personal

information to third parties for their marketing and advertising purposes !ithout

your e:plicit consent.

)e may disclose personal information if reuired to do so by la! or in the good

faith belief that such disclosure is reasonably necessary to respond to

subpoenas, court orders, or other legal process. )e may disclose personal

information to la! enforcement oces, third party rights o!ners, or others in the

good faith belief that such disclosure is reasonably necessary toG enforce our

Terms or *rivacy *olicy respond to claims that an advertisement, posting or

other content violates the rights of a third party or protect the rights, property or

personal safety of our users or the general public.

)e and our aliates !ill share sell some or all of your personal information !ith

another business entity should !e $or our assets& plan to merge !ith, or be

acuired by that business entity, or re;organiation, amalgamation, restructuring

of business. hould such a transaction occur that other business entity $or the

ne! combined entity& !ill be reuired to follo! this privacy policy !ith respect to

your personal information.

?isclaimer of )arranties and +iability


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This )ebsite, all the materials and products $including but not limited to

soft!are& and services, included on or other!ise made available to =ou through

this site are provided on (as is( and (as available( basis !ithout any

representation or !arranties, e:press or implied e:cept other!ise speciEed in

!riting. )ithout pre>udice to the forgoing paragraph, Flipkart does not !arrant

thatG

L This )ebsite !ill be constantly available, or available at all or

L The information on this )ebsite is complete, true, accurate or non;misleading.

Flipkart !ill not be liable to =ou in any !ay or in relation to the ontents of, or

use of, or other!ise in connection !ith, the )ebsite. Flipkart does not !arrant

that this site information, ontent, materials, product $including soft!are& or

services included on or other!ise made available to =ou through the )ebsitetheir servers or electronic communication sent from Us are free of viruses or

other harmful components.

9othing on )ebsite constitutes, or is meant to constitute, advice of any kind. All

the *roducts sold on )ebsite are governed by diHerent state la!s and if eller is

unable to deliver such *roducts due to implications of diHerent state la!s, eller

!ill return or !ill give credit for the amount $if any& received in advance by eller

from the sale of such *roduct that could not be delivered to =ou.

=ou !ill be reuired to enter a valid phone number !hile placing an order on the

)ebsite. 7y registering =our phone number !ith us, =ou consent to be contactedby Us via phone calls andor 5 notiEcations, in case of any order or shipment

or delivery related updates. )e !ill not use your personal information to initiate

any promotional phone calls or 5.

elling

As a registered seller, you are allo!ed to list item$s& for sale on the )ebsite inaccordance !ith the *olicies !hich are incorporated by !ay of reference in this

Terms of Use. =ou must be legally able to sell the item$s& you list for sale on our

)ebsite. =ou must ensure that the listed items do not infringe upon the

intellectual property, trade secret or other proprietary rights or rights of publicity

or privacy rights of third parties. +istings may only include te:t descriptions,

graphics and pictures that describe your item for sale. All listed items must be

listed in an appropriate category on the )ebsite. All listed items must be kept in

stock for successful fulElment of sales.


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The listing description of the item must not be misleading and must describe

actual condition of the product. If the item description does not match the actual

condition of the item, you agree to refund any amounts that you may have

received from the 7uyer. =ou agree not to list a single product in multiple

uantities across various categories on the )ebsite. Flipkart reserves the right to

delete such multiple listings of the same product listed by you in variouscategories.

ervices

*ayment

)hile availing any of the payment methods available on the )ebsite, !e !ill not

be responsible or assume any liability, !hatsoever in respect of any loss or

damage arising directly or indirectly to =ou due toG

+ack of authoriation for any transactions, or

B:ceeding the preset limit mutually agreed by =ou and bet!een (7anks(, or

Any payment issues arising out of the transaction, or

?ecline of transaction for any other reasons

All payments made against the purchasesservices on )ebsite by you shall be

compulsorily in Indian "upees acceptable in the "epublic of India. )ebsite !ill

not facilitate transaction !ith respect to any other form of currency !ith respect

to the purchases made on )ebsite.

7efore shipping delivering your order to you, eller may reuest you to provide

supporting documents $including but not limited to 3ovt. issued I? and address

proof& to establish the o!nership of the payment instrument used by you for

your purchase. This is done in the interest of providing a safe online shopping

environment to @ur Users.

FurtherG

%. Transactions, Transaction *rice and all commercial terms such as ?elivery,

?ispatch of products andor services are as per principal to principal bipartite

contractual obligations bet!een 7uyer and eller and payment facility is merely

used by the 7uyer and eller to facilitate the completion of the Transaction. Useof the payment facility shall not render Flipkart liable or responsible for the non;


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delivery, non;receipt, non;payment, damage, breach of representations and

!arranties, non;provision of after sales or !arranty services or fraud as regards

the products and or services listed on FlipkartDs )ebsite.

2. =ou have speciEcally authoried Flipkart or its service providers to collect,

process, facilitate and remit payments and or the Transaction *rice

electronically or through ash on ?elivery to and from other Users in respect of

transactions through *ayment Facility. =our relationship !ith Flipkart is on a

principal to principal basis and by accepting these Terms of Use you agree that

Flipkart is an independent contractor for all purposes, and does not have control

of or liability for the products or services that are listed on FlipkartDs )ebsite that

are paid for by using the *ayment Facility. Flipkart does not guarantee the

identity of any User nor does it ensure that a 7uyer or a eller !ill complete a

transaction.

#. =ou understand, accept and agree that the payment facility provided by

Flipkart is neither a banking nor Enancial service but is merely a facilitator

providing an electronic, automated online electronic payment, receiving payment

through ash @n ?elivery, collection and remittance facility for the Transactions

on the Flipkart )ebsite using the e:isting authoried banking infrastructure and

redit ard payment gate!ay net!orks. Further, by providing *ayment Facility,

Flipkart is neither acting as trustees nor acting in a Educiary capacity !ith

respect to the Transaction or the Transaction *rice.

*ayment Facility for 7uyersG

L =ou, as a 7uyer, understand that upon initiating a Transaction =ou are entering

into a legally binding and enforceable contract !ith the eller to purchase the

products and or services from the eller using the *ayment Facility, and =ou

shall pay the Transaction *rice through =our Issuing 7ank to the eller using

*ayment Facility.

L =ou, as a 7uyer, may agree !ith the eller through electronic communication

and electronic records and using the automated features as may be provided by

*ayment Facility on any e:tension increase in the ?ispatch andor ?elivery time

and the Transaction shall stand amended to such e:tent. Any such e:tension

increase of ?ispatch ?elivery time or subseuent novation variation of the

Transaction should be in compliance !ith *ayment Facility "ules and *olicies.

L =ou, as a 7uyer, shall electronically notify *ayment Facility using the

appropriate Flipkart )ebsite features immediately upon ?elivery or non ?elivery

!ithin the time period as provided in *olicies. 9on notiEcation by =ou of ?elivery

or non ?elivery !ithin the time period speciEed in the *olicies shall be construed


16/83

as a deemed ?elivery in respect of that Transaction. In case of ash @n ?elivery

transactions, 7uyer is not reuired to conErm the receipt of products or services.

L =ou, as a 7uyer, shall be entitled to claim a refund of the Transaction *rice $as

=our sole and e:clusive remedy& in case =ou do not receive the ?elivery !ithin

the time period agreed in the Transaction or !ithin the time period as provided inthe *olicies, !hichever is earlier. In case you do not raise a refund claim using

)ebsite features !ithin the stipulated time than this !ould make =ou ineligible

for a refund.

L =ou, as a 7uyer, understand that the *ayment Facility may not be available in

full or in part for certain category of products andor services andor Transactions

as mentioned in the *olicies and hence =ou may not be entitled to a refund in

respect of the Transactions for those products and or services

L B:cept for ash @n ?elivery transaction, refund, if any, shall be made at the

same Issuing 7ank from !here Transaction *rice !as received.

L For ash @n ?elivery transactions, refunds, if any, !ill be made via demand

draft in favour of the 7uyer $As per registration details provided by the 7uyer&

L "efund shall be made in Indian "upees only and shall be euivalent to the

Transaction *rice received in Indian "upees.

L For electronics payments, refund shall be made through payment facility using

9BFT "T3 or any other online banking electronic funds transfer system

approved by "eserve 7ank India $"7I&.

L "efund shall be conditional and shall be !ith recourse available to Flipkart in

case of any misuse by 7uyer.

L "efund shall be sub>ect to 7uyer complying !ith *olicies.


17/83

/. Flipkart may do such checks as it deems Et before approving the receipt

of7uyers commitment to pay $for ash @n ?elivery transactions& Transaction

*rice from the 7uyer for security or other reasons at the discretion of Flipkart. As

a result of such check if Flipkart is not satisEed !ith the creditability of the 7uyeror genuineness of the Transaction Transaction *rice, it !ill have the right to

re>ect the receipt of 7uyers commitment to pay Transaction *rice.

4. Flipkart may delay notifying the payment conErmation i.e. informing eller to

?ispatch, if Flipkart deems suspicious or for 7uyers conducting high transaction

volumes to ensure safety of the Transaction and Transaction *rice. In addition,

Flipkart may hold Transaction *rice and Flipkart may not inform eller to ?ispatch

or remit Transaction *rice to la! enforcement ocials $instead of refunding the

same to 7uyer& at the reuest of la! enforcement ocials or in the event the7uyer is engaged in any form of illegal activity.

6. The 7uyer and eller ackno!ledge that Flipkart !ill not be liable for any

damages, interests or claims etc. resulting from not processing a

TransactionTransaction *rice or any delay in processing a

TransactionTransaction *rice !hich is beyond control of Flipkart.

ompliance !ith +a!sG

-. 7uyer and eller shall comply !ith all the applicable la!s $including !ithout

limitation Foreign B:change 5anagement Act, %--- and the rules made and

notiEcations issued there under and the B:change ontrol 5anual as may be

issued by "eserve 7ank of India from time to time, ustoms Act, Information and

Technology Act, 2000 as amended by the Information Technology $Amendment&

Act 2006, *revention of 5oney +aundering Act, 2002 and the rules made there

under, Foreign ontribution "egulation Act, %-4/ and the rules made there

under, Income Ta: Act, %-/% and the rules made there under, B:port Import

*olicy of government of India& applicable to them respectively for using *ayment

Facility and Flipkart )ebsite.

7uyerDs arrangement !ith Issuing 7ankG

%0. All 1alid redit ?ebit ash ard and other payment instruments are

processed using a redit ard payment gate!ay or appropriate payment system

infrastructure and the same !ill also be governed by the terms and conditions

agreed to bet!een the 7uyer and the respective Issuing 7ank and payment

instrument issuing company.


18/83

%%. All @nline 7ank Transfers from 1alid 7ank Accounts are processed using the

gate!ay provided by the respective Issuing 7ank !hich support *ayment Facility

to provide these services to the Users. All such @nline 7ank Transfers on

*ayment Facility are also governed by the terms and conditions agreed tobet!een 7uyer and the respective Issuing 7ank.

Flipkart 5oney

Flipkart 5oney $(Flipkart 5oney(& is a pre;paid payment instrument !hich is

associated !ith your )ebsite account. =ou can maintain a balance of money !ith

such speciEc eller $if permitted&, and redeem it at your convenience. *lease

note that eller !ill be the issuer of Flipkart 5oney and eller shall be

responsible for redeeming the money lying to your credit of your Flipkart 5oneyaccount and Flipkart does not assume any risk, liability or responsibility !ith

respect to Flipkart 5oney money.

eller !ill not pay any interest on the amount maintained by you in your eller

speciEc Flipkart 5oney.

"eEll of Flipkart 5oneyG =our Flipkart 5oney can be reElled, using any of the pre;

paid payment options only. =ou !ill be able to recharge your Flipkart 5oney up to

an amount of M%0,000 in one instance. There is no need to maintain a minimumbalance.

"efund of Flipkart 5oney AmountG =our Flipkart 5oney comprises of three types

of balances ; tore credit $!hich is a credit granted by Us typically in lieu of a

cancelled order&, Topped;up balance $!hich is a prepaid amount that =ou added

to Flipkart 5oney to pay for future orders on the )ebsite& and *romotional

balance $!hich is credit granted by Us purely for promotional or good!ill

purposes&. Topped;up balance $prepaid amount& as !ell as the *romotional

balance added to Flipkart 5oney !ill be non;refundable !hile tore credit !ill

continue to be entirely refundable.

+imitation of +iabilityG In no event !ill Flipkart !ill be liable for any money lying to

your credit in Flipkart 5oney, any special, incidental, indirect or conseuential

damages or losses of any kind, arising from the use of Flipkart 5oney or

association !ith Flipkart 5oney.

#0 ?ay "eplacement 3uaranteeN


19/83

The #0 ?ay "eplacement 3uarantee seeks to assist 7uyers !ho have been

defrauded by ualiEed sellers on the )ebsite. If at the time of delivery andor

!ithin #0 days from the date of delivery of the products, if any defect is found,

then the buyer of the products can ask for replacement of the products from

the seller sub>ect to the follo!ing terms and conditionsG

%. 9otify seller of any defects in the products at the time of delivery of the

products andor !ithin #0 days from the date of delivery and the same products

!ill be replaced in return of the defective products.

2. "eplacement can be for the entire products or parts of the product sub>ect to

availability of the same !ith the seller.

Follo!ing products shall not be eligible for return or replacementG

L ?amages due to misuse of product

L Incidental damage due to malfunctioning of product

L Any consumable item !hich has been usedinstalled

L *roducts !ith tampered or missing serialU* numbers

L ?igital productsservices $Flyte music do!nloads&

L Any damagedefect !hich are not covered under the manufacturerDs !arranty

L Any product that is returned !ithout all original packaging and accessories,

including the bo:, manufacturerDs packaging if any, and all other items originally

included !ith the products delivered

L Oe!ellery !hich is Dmade to orderD on customerDs reuest

@n lothing, Foot!ear and Oe!ellery, ualiEed sellers accept #0 day e:change

sub>ect to the follo!ing conditionsG

lothes and foot!ear are not used $other than for trial&, altered, !ashed, soiled

or damaged in any !ay.

@riginal tags and packaging should be intact. For items that come in branded

packaging, the bo: should be undamaged.

D5ade to orderD >e!ellery, Inner!ear, lingerie, socks and clothing freebies are not

covered under the return policy.

?amaged or defective clothing and foot!ear products are mean!hile covered bythe #0 ?ay "eplacement 3uarantee.


20/83

If Flipkart has suspicion or kno!ledge, that any of its buyers and sellers are

involved in any activity that is intended to provide claims or information that is

false, misleading or not genuine, then Flipkart may !hile reserving its rights to

initiate civil andor criminal proceedings against member may also at its solediscretion suspend, block, restrict, cancel the ?isplay 9ame of such buyer and

seller and or disualify that user and any related users from availing protection

through this program.

Flipkart reserves its right to initiate civil andor criminal proceedings against a

user !ho, Eles a invalid andor false claims or provides false, incomplete, or

misleading information. In addition to the legal proceedings as aforesaid, Flipkart

may at its sole discretion suspend, block, restrict, cancel the ?isplay 9ame Jand

its related ?isplay 9amesK of such user andor disualify that user and anyrelated users from availing protection through this program. Any person !ho,

kno!ingly and !ith intent to in>ure, defraud or deceive, Eles a Fraudulent

omplaint containing false, incomplete, or misleading information may be guilty

of a criminal oHence and !ill be prosecuted to the fullest e:tent of the la!.

B:change @HersG

L 7y participating in the e:change I conErm that I am the sole and absolute

o!ner andor user of the product mentioned above $device&.

L I conErm that device !hich I am e:changing under the buyback program is

genuine and is not counterfeit, free from any and all encumbrances, liens,

attachments, disputes, legal 'a!s, e:change or any Agreement of ale etc. and I

have got the clear o!nership of the said device.

L =ou agree to indemnity and keep indemnifying Flipkart.com and any future

buyer of the device against all or any third party claims, demand, cost, e:penses

including attorney fees !hich may be suHered, incurred, undergone and orsustained by Flipkart.com, its aliates or any future buyer due to usage of the

device by you till date and you undertake to make good the same.

L I conErm that all the data in the said device !ill be erased before handing it

over under buy back program. I also conErm that in spite of erasing the data

manuallyelectronically, if any data still accessible due any technical reason,

Flipkart.com, ) "etail or the 5anufacturer shall not be responsible for the same

and I !ill not approach Flipkart.com for any retrieval of the data.

L I hereby give my consent that my personal information that I have provided in

connection !ith this buyback program might be processed, transferred and

retained by the retailer and other entities involved in managing the program for


21/83

the purposes of validating the information that I provided herein and for the

administration of the program.

L I agree to indemnity and keep indemnifying the Flipkart.com and any future

buyer of the old device against all or any third party claims, demand, cost,

e:penses including attorney fees !hich may be suHered, incurred, undergoneand or sustained by Flipkart.com, its aliates or any future buyer due to usage

of the device by me till date and I undertake to make good the same.

L I understand once a device is sent by me to Flipkart, in no scenario can this

device be returned back to me.

L I understand that the ne! device delivery and the old device pickup !ill

happen simultaneously $hand in hand& and I shall keep the old device ready to be

given for e:change.

L In relation to the customer sending the goods to us ; customer understands it ishis responsibility to ensure that the used products are delivered to the buyer

$)"& !hose central !arehouse, ?elhi at P()"etail, 8hasra 9o.


22/83

premium features, as may be provided on the )ebsite by respective ellers from

time to time.

TerritoryG urrently =ou can purchase do!nloadable digital 5*# music only

through the )ebsite and Flyte 5usic Application as may be made available from

time to time on the )ebsite, only !ithin the territory of India.

"ights 3rantedG 5usic do!nload right is a non;e:clusive, non;transferable right

to use for your personal, non;commercial, entertainment use, sub>ect to and in

accordance !ith the Terms of Use. =ou may copy, store, transfer and burn the

5*# music Ele only for your personal, non;commercial, entertainment use,

sub>ect to and in accordance !ith the Terms of Use. =ou represent, !arrant and

agree that =ou !ill use the 5*# music Ele only for your personal, non;

commercial, entertainment use and not for any redistribution of the same or

other use restricted in this ection. =ou agree not to infringe the rights of the

copyright o!ners and to comply !ith all applicable la!s in your use of the 5*#

music Ele. =ou agree that =ou !ill not redistribute, transmit, assign, sell,

broadcast, rent, share, lend, modify, adapt, edit, license or other!ise transfer or

use 5*# music Ele. =ou are not granted any synchroniation, public performance,

promotional use, commercial sale, resale, reproduction or distribution rights for

5*# music Ele. =ou ackno!ledge that the 5*# music Ele embodies the

intellectual property of a third party and is protected by la!.

B:plicit onsentG =ou agree that !e shall have no liability to =ou for 5*# music

Ele do!nloaded by =ou on the )ebsite if =ou End the same to be oHensive,

indecent or ob>ectionable and e:pressions through the audio Eles are not

subscribed by us.

ash on ?elivery as a mode of payment is not available for purchasing 5*#

music on the )ebsite currently.

All ales Final ?o!nloading and "isk of +oss Availability of 5*# music ElesG All

sales of 5*# music Eles are Enal. "eturns of 5*# music Eles are not permissible

on !ebsite. @nce =ou have purchased 5*# music Eles, Flipkart encourages =ou to

do!nload it promptly. If =ou are unable to complete a do!nload, please contact

customer service !ithin / hours of the payment.

Further Flipkart assumes no liability if your media player does not support the Eleformat made available by the eller on the )ebsite or your bro!ser does not

support the music do!nload application soft!are available by the eller on the

)ebsite, by !hatever name called.

=ou bear all risk of loss after purchase and for any loss of 5*# music Eles =ou

have do!nloaded, including any loss due to a computer or hard drive crash.

eller may, from time to time, at its sole discretion, remove 5*# music Eles from

the ervice !ithout notice.

Intellectual *roperty "ightsG It is hereby speciEcally recorded that the copyrightand other Intellectual *roperty in the music available on the )ebsite is the sole


23/83

and e:clusive property of third parties. eller represents and !arrants that

ellers are authoried by such third parties to upload the music on the )ebsite

for license of use to the end customers. Intellectual *roperty "ights for the

purpose of this Terms of Use shall al!ays mean and include copyrights !hether

registered or not, patents including rights of Eling patents, trademarks, trade

names, trade dresses, house marks, collective marks, associate marks and theright to register them, designs both industrial and layout, geographical

indicators, moral rights, broadcasting rights, displaying rights, distribution rights,

selling rights, abridged rights, translating rights, reproducing rights, performing

rights, communicating rights, adapting rights, circulating rights, protected rights,

>oint rights, reciprocating rights, infringement rights. All those Intellectual

*roperty rights arising as a result of domain names, internet or any other right

available under applicable la! shall vest in the domain of Flipkart as the o!ner of

such domain name. The *arties hereto agree and conErm that no part of any

Intellectual *roperty rights mentioned hereinabove is transferred in the name of

User and any intellectual property rights arising as a result of these presentsshall also be in the absolute o!nership, possession and @ur control or control of

its licensors, as the case may be.

=our reuest to do!nload a 5*# music Ele is personal to =ou, and the track may

not be used, sold, rented, transferred, licensed or other!ise provided to any

other User. The license to do!nloaded tracks includes only those rights e:plicitly

stated herein $typically, the right to play back for your o!n personal use from

your personal computer, ? player, digital player, or other personal consumer

electronic device&, and, for the avoidance of doubt, does not include the right to

create a derivative !ork, to make copies other than for your o!n personal use, orto use the track in any commercial manner. =ou shall promptly notify Us in

!riting upon your discovery of any unauthoried use or infringement.

oft!areG eller may make available to =ou, from time to time, soft!are for =our

use in connection !ith the do!nload of 5*# music Eles $any and all such

soft!are, individually and collectively, the (oft!are(&.

=ou may use the oft!are only in connection !ith the do!nload of 5*# music

Eles on the )ebsite. =ou may not separate any individual component of the

oft!are for use other than in connection to the do!nload, may not incorporate

any portion of it into =our o!n programs or compile any portion of it incombination !ith your o!n programs, may not transfer it for use !ith another

service, or use it, or any portion of it, over a net!ork and may not sell, rent,

lease, lend, loan, distribute or sub;license the oft!are or other!ise assign any

rights to the oft!are in !hole or in part. eller may discontinue some or all of

any oft!are eller provide, and eller may terminate your right to use any

oft!are at any time and in such event may modify it to make it inoperable.

)ithout limiting the ?isclaimer of )arranties and +imitation of +iability in this

terms of use, $i& in no event shall @ur or soft!are licensorsD total liability to =ou

for all damages arising out of or related to your use or inability to use the

oft!are and or do!nload manager or any other application e:ceed the amount


24/83

of M20 and $ii& in no event shall @ur or @ur ?igital ontent providersD total

liability to =ou for all damages arising from your use of the ervice, the ?igital

ontent, or information, materials or products included on or other!ise made

available to =ou through the ervice $e:cluding the oft!are&, e:ceed the

amount =ou paid to purchase, on the ervice, the ?igital ontent related to =our

claim for damages.

?igital ontentG e7ooks

ebook $e*ub format&G =ou !ill be able to purchase ?"5;encrypted e7ooks in e*ub

Ele format on the Flipkart )ebsite and the Flyte e7ooks application. uch e*ub

Eles shall be provided to you as per your selection, sub>ect to certain limitations

as described herein. =ou shall be granted speciEed do!nload rights of ?"5;

encrypted e*ub Eles from the catalog of e7ooks displayed on the )ebsite.

?o!nload rightsG =ou !ill need to be registered !ith Flipkart to make an ebook

purchase. The e7ooks !hich you purchase from the Flipkart )ebsite or Flyte

e7ooks application shall be added in your Flipkart e7ooks library from !here you

can do!nload the e7ooks onto your device$s&. Bach do!nloaded ebook is locked

to the User account and the do!nloader device. These do!nloaded e7ooks

cannot be transferred onto other devices. Bach device used by you !ill have to

be synced !ith your online e7ooks library. =ou can sync a ma:imum of si:$/&

devices against your user account. =ou can do!nload the e7ooks to your mobile

or tablet devices for oSine reading and can read the e7ooks using the Flyte

e7ooks Application only.

Flyte e7ooks applicationG Flyte e7ooks application !ill enable you to read the

digital books purchased from the Flyte e7ooks store, on your mobile or tablet

devices. The app also has an in;app Flyte e7ooks store !here the user can

uickly purchase e7ooks. The Flyte e7ooks app !ill be available in the Android

platform. The Android app !ill be compatible !ith both mobiles and tablet

devices. =ou can do!nload the Flyte e7ooks android app for free from theFlipkart )ebsite and also 3oogle *lay.

TerritoryG urrently you can purchase do!nloadable e7ooks only through the

)ebsite and Flyte e7ooks Application as may be made available from time to

time on the )ebsite, only !ithin the territory of India. =ou have to be !ithin the

Indian Territory to even do!nload the already purchased Eles from your Flipkart

e7ooks library.


25/83

?"5 peciEcationsG The ?"5 $?igital "ights 5anagement& enables us to restrict

certain permissions. The Flyte ?"5 speciEcations restrict the follo!ing

permissionsG

?efault "estrictions Flipkart ettings

*rinting 9ot Allo!ed

opying 9ot Allo!ed

ide;+oading $from one device to other& 9ot Allo!ed

e;mailing 9ot Allo!ed

aving Images 9ot Allo!ed

"ead out aloud 9ot Allo!ed

9umber of distinct devices for Ele do!nloading Allo!ed $i:&

ocial media sharing %


26/83

*aymentG The *rice +ist for each do!nloadable ebook displayed on the )ebsite

represents the full retail price $inclusive of all ta:es unless speciEed other!ise&

for said do!nloadable ebook. =ou shall pay for such do!nloadable ebook using

one of the payment options available on the )ebsite. The *rice +ist mentions the

prices of each do!nloadable ebook and the User shall pay in Indian urrency $i.e.

Indian "upee&. )e reserve our right to change the prices of the ebook andservices and the availability of the same at our sole discretion.

Flipkart !ill allo! the user to buy ebook using the follo!ing forms of payments.

redit ards

Internet 7anking

?ebit ards

Flipkart 5oney

any other mode of payment, as may be decided and made available on the

)ebsite.

*lease note that payment can be made only in India "upees and all the above

payment instruments must have been issued by entities operating in India and

sub>ect to Indian regulations.

ash on ?elivery as a mode of payment is not available for purchasing ebook on

the )ebsite currently.

*ayment made by credit card or any other mode as mentioned above should be

received by us on time. If for any reason !e do not receive payment from the

credit card issuer or any agent involved in any of the above payment modes, =ou

agree that you shall pay all amounts due upon demand by us.

All ales Final ?o!nloading and "isk of +oss Availability of e7ooks. All sales of

e7ooks are Enal. )e do not accept returns of e7ooks. @nce you have purchased

e7ooks, !e encourage you to do!nload it promptly. If you are unable to

complete a do!nload, please contact customer service !ithin #0 days of the

payment. The ebook !ill be removed from your library and the amount that !as

charged during the payment !ill be refunded in the form of store credit. The

e7ooks !ill also be replaced in cases of genuine technical errors as mentioned in

the replacement policy.


27/83

=ou bear all risk of loss after purchase and for any loss of e7ooks you have

do!nloaded, including any loss due to a computer or hard drive crash. )e may,

from time to time, at our sole discretion remove e7ooks from the ervice !ithout

notice.

Intellectual *roperty "ightsG It is hereby speciEcally recorded that the copyright

and other Intellectual *roperty in the ebook available on the )ebsite is the sole

and e:clusive property of third parties. )e are authorised by such third parties to

upload the ebook on the )ebsite for license of use to the end customers.

Intellectual *roperty "ights for the purpose of this Agreement shall al!ays mean

and include copyrights !hether registered or not, patents including rights of

Eling patents, trademarks, trade names, trade dresses, house marks, collective

marks, associate marks and the right to register them, designs both industrialand layout, geographical indicators, moral rights, broadcasting rights, displaying

rights, distribution rights, selling rights, abridged rights, translating rights,

reproducing rights, performing rights, communicating rights, adapting rights,

circulating rights, protected rights, >oint rights, reciprocating rights, infringement

rights. All those Intellectual *roperty rights arising as a result of domain names,

internet or any other right available under applicable la! shall vest in the domain

of Flipkart Internet *rivate +imited as the o!ner of such domain name. The

*arties hereto agree and conErm that no part of any Intellectual *roperty rights

mentioned hereinabove is transferred in the name of User and any intellectual

property rights arising as a result of these presents shall also be in the absoluteo!nership, possession and our control or control of its licensors, as the case may

be.

=our reuest to do!nload an ebook is personal to you, and the ebook may not be

used, sold, rented, transferred, licensed or other!ise provided to any other user.

The license to do!nloaded e7ooks includes only those rights e:plicitly stated

herein $typically, the right to read the ebook in Flyte e7ooks Application&, and, for

the avoidance of doubt, does not include the right to create a derivative !ork, to

make copies, or to use the ebook in any commercial manner. =ou shall promptly

notify us in !riting upon your discovery of any unauthoried use or infringement.

oft!areG )e may make available to you, from time to time, soft!are or updates

for your use in connection !ith the do!nload of e7ooks $any and all such

soft!are, individually and collectively, the (oft!are(&.

=ou may use the oft!are only in connection !ith the do!nload of e7ooks on the)ebsite. =ou may not separate any individual component of the oft!are for use


28/83

other than in connection to the do!nload, may not incorporate any portion of it

into =our o!n programs or compile any portion of it in combination !ith your o!n

programs, may not transfer it for use !ith another service, or use it, or any

portion of it, over a net!ork and may not sell, rent, lease, lend, loan, distribute or

sub;license the oft!are or other!ise assign any rights to the oft!are in !hole

or in part. )e may discontinue some or all of any oft!are !e provide, and !emay terminate your right to use any oft!are at any time and in such event may

modify it to make it inoperable.

)ithout limiting the ?isclaimer of )arranties and +imitation of +iability in this

terms of use, in no event shall our or our andor our ?igital ontent providersD

total liability to =ou for all damages arising from your use of the ervice, the

?igital ontent, or information, materials or products included on or other!ise

made available to =ou through the ervice $e:cluding the oft!are&, e:ceed the

amount =ou paid to purchase, on the ervice, the ?igital ontent related to =our

claim for damages.

Indemnity

=ou shall indemnify and hold harmless Flipkart, its o!ner, licensee, aliates,

subsidiaries, group companies $as applicable& and their respective ocers,

directors, agents, and employees, from any claim or demand, or actions

including reasonable attorneysD fees, made by any third party or penalty imposed

due to or arising out of =our breach of this Terms of Use, privacy *olicy and other

*olicies, or =our violation of any la!, rules or regulations or the rights $including

infringement of intellectual property rights& of a third party.

Applicable +a!

Terms of Use shall be governed by and interpreted and construed in accordance

!ith the la!s of India. The place of >urisdiction shall be e:clusively in 7angalore.

Ourisdictional Issuesale in India @nly

Unless other!ise speciEed, the material on the )ebsite is presented solely for

the purpose of sale in India. Flipkart make no representation that materials in the

)ebsite are appropriate or available for use in other locationsountries other

than India. Those !ho choose to access this site from other locationsountries

other than India do so on their o!n initiative and Flipkart is not responsible for

supply of productsrefund for the products ordered from other locationsountries

other than India, compliance !ith local la!s, if and to the e:tent local la!s are

applicable.


29/83

Trademark, opyright and "estriction

This site is controlled and operated by Flipkart and products are sold by

respective ellers. All material on this site, including images, illustrations, audioclips, and video clips, are protected by copyrights, trademarks, and other

intellectual property rights. 5aterial on )ebsite is solely for =our personal, non;

commercial use. =ou must not copy, reproduce, republish, upload, post, transmit

or distribute such material in any !ay, including by email or other electronic

means and !hether directly or indirectly and =ou must not assist any other

person to do so. )ithout the prior !ritten consent of the o!ner, modiEcation of

the materials, use of the materials on any other !ebsite or net!orked computer

environment or use of the materials for any purpose other than personal, non;

commercial use is a violation of the copyrights, trademarks and other proprietary

rights, and is prohibited. Any use for !hich =ou receive any remuneration,

!hether in money or other!ise, is a commercial use for the purposes of this

clause.

Trademark complaint

Flipkart respects the intellectual property of others. In case =ou feel that =our

Trademark has been infringed, =ou can !rite to Flipkart at

infringement'ipkart.com or ss'ipkart.com.

*roduct ?escription

Flipkart !e do not !arrant that *roduct description or other content of this

)ebsite is accurate, complete, reliable, current, or error;free and assumes no

liability in this regard.

+imitation of +iability

I9 9@ B1B9T CA++ F+I*8A"T 7B +IA7+B F@" A9= *BIA+, I9I?B9TA+,

I9?I"BT @" @9BVUB9TIA+ ?A5A3B @F A9= 8I9? I9 @99BTI@9 )ITCTCBB TB"5 @F UB, B1B9 IF UB" CA 7BB9 I9F@"5B? I9 A?1A9B @F TCB

*@I7I+IT= @F UC ?A5A3B.

ontact Us

*lease contact us for any uestions or comments $including all inuiries

unrelated to copyright infringement& regarding this )ebsite.


30/83

3rievance ocer

In accordance !ith Information Technology Act 2000 and rules made there under,

the name and contact details of the 3rievance @cer are provided belo!G

5r. 8rishna alunke

Flipkart Internet *vt +td.

A8" Tech *ark, %st 'oor 7lock DD 8rishna "eddy Industrial Area,4th 5ile,

Cosur "oad 7angalore /00/6

8arnataka, India

*honeG W-% ; 060;


31/83

1iolations of this policy may result in a range of actions, includingG

+imits placed on account privileges

+oss of special status

Account suspension.

"eplacement 3uaranteeN

The "eplacement 3uarantee seeks to assist 7uyers !ho have been defrauded by

ualiEed sellers on the )ebsite. If at the time of delivery andor !ithin speciEed

days from the date of delivery of the products, if any defect is found, then the

buyer of the products can ask for replacement of the products from the seller.

If Flipkart has suspicion or kno!ledge, that any of its buyers and sellers areinvolved in any activity that is intended to provide claims or information that is

false, misleading or not genuine, then Flipkart may !hile reserving its rights to

initiate civil andor criminal proceedings against User may also at its sole

discretion suspend, block, restrict, cancel the ?isplay 9ame of such buyer and

seller and or disualify that User and any related Users from availing protection

through this program.

Flipkart reserves its right to initiate civil andor criminal proceedings against a

User !ho, Eles a invalid andor false claims or provides false, incomplete, or



its related ?isplay 9amesK of such User andor disualify that User and any

related Users from availing protection through this program. Any person !ho,

kno!ingly and !ith intent to in>ure, defraud or deceive, Eles a Fraudulent

omplaint containing false, incomplete, or misleading information may be guilty

of a criminal oHence and !ill be prosecuted to the fullest e:tent of the la!.

For more details related to "eplacement *olicy, refer to shelpcancellation;

returns

"eturns *olicy

?eEnitionG D"eturnD is deEned as the action of giving back the item purchased by

the 7uyer to the eller on the Flipkart !ebsite. Follo!ing situations may ariseG

Item !as defective

Item !as damaged during the hipping

*roducts !as !ere missing

)rong item !as sent by the eller.


32/83

"eturn could also result in refund of money in most of the cases.

*oints to be notedG

eller can al!ays accept the return irrespective of the policy.

If eller disagrees a return reuest, 7uyer can Ele a dispute under the 7uyer

*rotection *rogramN.

)e encourage the 7uyer to revie! the listing before making the purchase

decision. In case 7uyer orders a !rong item, 7uyer shall not be entitled to any

returnrefund.

7uyer need to raise the refund reuest !ithin %0 days from the date of payment

realiation. @nce 7uyer has raised a return reuest by contacting Us on @ur Toll

Free 9umber, eller !hile closing the return ticket can select one of the

follo!ingG

"eplace after shipment collection ; eller has agreed to !ait for the logistics

team to collect the shipment from the buyer before replacing it&

"efund after shipment collection ; eller has agreed to !ait for the logistics team

to collect the shipment from the buyer before refunding&

"efund !ithout shipment collection ; eller has agreed to refund the buyer

!ithout e:pecting the original shipment back&

"eplace !ithout shipment collection ; eller has agreed to replace the order

!ithout e:pecting the original shipment back&

@n certain select days as speciEed by Flipkart $such as DThe 7ig 7illion ?ayD&

separate policies may be applicable.

In the event the eller accepts the return reuest raised by the 7uyer, 7uyer !ill

have to return the product and then the refund shall be credited to the 7uyers

account.

In case the eller doesnDt close the ticket in # days from the date of intimation to

the eller about the refund reuest, the refund reuest shall be settled in favor of

the 7uyer.

Further for returns being made by 7uyer to the eller of the product, the

follo!ing parameters needs to be ensured by the 7uyerG

ategory ondition

Blectronics hould be included

lothing and Foot!ear hould be (9e! X Un!orn( $other than for trial&

7eauty, Cealth X *ersonal are hould be (9e! X Unopened(

ports X Buipment hould be (9e!( and returned !ith original packaging


33/83

@ce *roducts hould be (9e!( and returned !ith original packaging

Oe!ellery hould be (9e!( and returned !ith original packaging

If the product being returned is not in accordance !ith the above parameters,

then 7uyer shall not be entitled to any refund of money from the eller.

hipping cost for returning the product shall be borne and incurred by the eller.

"eplacement

?eEnitionG "eplacement is the action or process of replacing something in place

of another. A 7uyer can reuest for replacement !henever he is not happy !ith

the item, reason being ?amaged in shipping, ?efective item, Item$s& missing,

!rong item shipped and the like.

*oints to be notedG

eller can al!ays accept the return irrespective of the policy.

If eller disagrees for a return reuest, 7uyer can Ele a dispute under 7uyer

*rotection *rogramN.

7uyer need to raise the replacement reuest !ithin %0 days from the date of

delivery of products. @nce 7uyer has raised a replacement reuest by contacting

Us on the Toll Free 9umber provided on the )ebsite. @nce the replacement

reuest has been raised, the follo!ing steps shall be follo!edG

%. 7uyer is asked for ("eason for "eturn(. Among others, the follo!ing are the

leading reasonsG

hipping !as damaged

Item !as defective

Item ?ead on Arrival

Item$s& !ere missing

)rong item sent

2. An intimation shall be provided to eller seeking either (approval( or

(re>ection( of the replacement reuest.

#. In case the eller accepts the replacement reuest, 7uyer shall be reuired to

return the product to the eller and only after return of the product, eller shall

be obliged to provide the replacement product to the 7uyer.

ects the replacement reuest, 7uyer can choose to raise a

dispute by !riting to resolution'ipkart.com.


34/83

In case the eller doesnDt have the product at all, eller can provide the refund to

the 7uyer and 7uyer shall be obligated to accept the refund in lieu of

replacement. All the product parameters shall be reuired to be complied !ith in

cases of replacement.

If the eller doesnDt respond to the 7uyerDs replacement reuest, !ithin three $#&days from the date of replacement reuest placed by the 7uyer, refund shall be

processed in favour of 7uyer and eller shall be liable to refund amount paid to

the eller.

All shipping and other replacement charges shall be borne and incurred by the

eller.

?isputes $"esolutions& *olicy

@vervie!

3enerally, transactions are conducted smoothly on Flipkart. Co!ever there may

be some cases !here both the 7uyers and ellers may face issues. At Flipkart,

!e have a ?ispute "esolution process in order to resolve disputes bet!een

7uyers and ellers.

)hat is a DdisputeDY

A D?isputeD can be deEned as a disagreement bet!een a 7uyer and a eller in

connection !ith a transaction on the )ebsite.

Co! does a DdisputeD occur in the 5arketplaceY

?isputes are Eled as a result of a disagreement bet!een the 7uyer and the

eller. ?isputes arise out of an issue that is raised by either party not being

completely satisEed !ith the resolution of their complaintissue.

It is important that before a 7uyereller raises a dispute, they should attempt to

solve the issue. *lease note that !henever a 7uyer raises a dispute, the ellerDs

payment for that order is put on hold immediately until the issue is resolved.

Co! is a DdisputeD createdY

)henever there is a disagreement, the 7uyer can !rite to dispute'ipkart.com,

!hile the eller can !rite to ss'ipkart.com, in order to raise a dispute. ?isputes

can be raised at a particular transaction level.

)hat are the various types of DdisputesDY

Follo!ing are the indicative e:amples of potential disputesG

%. )rong item received

2. Item 9ot as described


35/83

?amaged or eal broken on *roduct

*artAccessory missing

Item not ompatible

eller ?escriptionpeciEcation )rong

?efective $Functional issues&

*roduct not !orking and 5anufacturer claims invalid Invoice

In case the eller re>ects the return reuest of the 7uyer, and 7uyer raises a

dispute, then Flipkart !ill try to mediate and resolve the dispute bet!een both

the parties. If the dispute is resolved in favour of the 7uyer, a refund is provided

once the product is returned to the eller. If the dispute is settled in favour of the

eller, 7uyer is entitled to any refund.

7uyer *rotection *rogram

In case of a dispute !here the eller is unable to provide a refund or a

replacement, Flipkart !ill actively !ork to!ards reaching a resolution.

The 7uyer *rotection *rogram covers 7uyers !ho are unable to successfully

resolve their dispute !ith the eller or are not satisEed the resolution provided

by the eller.

The 7uyer can !rite to resolution'ipkart.com if the issue !ith the eller is not

resolved. FlipkartDs ustomer upport team !ill look into the case to check for

possible fraud and if the 7uyer has been blacklistedblocked from making

purchases on the )ebsite. @nly after verifying these facts, a dispute can be

registered.

In due course of resolution, FlipkartDs ustomer upport Team !ill facilitate a

conference call including the eller and the 7uyer.

)hen a dispute has been raised, Flipkart may provide both the parties access to

each others ?isplay 9ames, contact details including email addresses and otherdetails pertaining to the dispute. 7uyers and ellers are sub>ect to Enal consent

from Flipkart for settling the dispute.

7uyer Bligibility and "estrictions

L @nly the 7uyers !ho have purchased the product on Flipkart are eligible for the

7uyer *rotection *rogram.

L 7uyers can Ele a dispute !ithin


36/83

L Any damage or loss to the product after delivery !ill not be covered under this

program and !ill completely be the 7uyerDs responsibility. 7uyers should refuse

to accept delivery if the item is damaged.

L To be able to take advantage of the 7uyer *rotection *rogram, 7uyers should

Erst contact the eller and attempt to resolve the issue. If the 7uyer doesnDt hearfrom the eller or is unable to resolve the issue !ith the eller even after

contact, a dispute can be raised !ith Flipkart by !riting an email to

resolution'ipkart.com

L Fraudulent charges and claims are not covered under 7uyer *rotection *rogram

L If the 7uyer has already initiated chargeback through the credit card

issuingbank, it !ill not be covered under 7uyer *rotection *rogram, though in

such cases a eller can Ele a claim through the eller *rotection *rogram.

L 7lacklisted and 7locked 7uyers are not covered by the 7uyer *rotection*rogram.

L 7uyers !ho have reached their ma:imum lifetime limit for claims are also not

eligible. 7uyers can make a ma:imum of claims per year on Flipkart. If the

claim !as !ithdra!n, it is not counted. The coverage amount !ill be limited to

M0,000

L Through the 7uyer *rotection program, Flipkart does not provide any

guarantee!arranty to 7uyers for products sold on Flipkart against

technicalmanufacturing defects.

L "aising disputes against ellers does not automatically entitle the 7uyer to a

refund or replacement for the product purchased. Flipkart shall verify the

disputes so raised and may process only such claims that are valid and genuine.

L Flipkart shall at no point be responsible for any direct or indirect losses,

e:penses, costs of any nature !hatsoever that may be incurred by any

7uyereller.

L laims of the nature of D7uyer remorseD $i.e. instances !here products are

bought by the 7uyer by mistake or !here the 7uyer chooses to change hisher

mind !ith regard to the product purchased by him& !ill not be entertainedthrough this program.

L Flipkart reserves its right to initiate civil andor criminal proceedings against a

User !ho, Eles an invalid andor false claims or provides false, incomplete, or



its related ?isplay 9amesK of such User andor disualify that user and any

related users from availing protection through this program.

L ?ecisions made by Flipkart under the 7uyer *rotection *rogram shall be Enal

and binding on its Users.


37/83

L Flipkart reserves the right to modify discontinue 7uyer *rotection *rogram

!ithout any prior notice period to its Users.

L Through this program, Flipkart shall not entertain claims of 7uyers !ho have

incurred loss due to delayed shipment or delivery of the item by the eller.

L Flipkart ustomer upport Team may seek additional information clariEcation

from 7uyer to facilitate resolution of the dispute. In the event 7uyer does not

respond !ith information clariEcation sought !ithin %0 days of such reuest,

the dispute shall be auto;closed in favour of the eller.

?isputes via hargeback

)henever a chargeback $7& comes from a payment gate!aybank, follo!ing

situations may ariseG

%. Item not received 7 ; 7uyer hasnDt received the item. "efund !ill be created

in accordance !ith the dispute policies

2. Unauthoried 7 ; 7uyer hasnDt made this particular transaction. "efund !ill

be created in accordance !ith the dispute policies.

eller e:pressly agrees that issuing the correct and complete invoice is the sole

and primary responsibility of the eller. Furthermore, eller shall ensure that

invoices state (*o!ered by Flipkart( and failing to do so eller !ill be liable for

chargebacks $as applicable&.

#. Item not as described ; meaning item is not !hat 7uyer e:pected. ?ispute !ill

be decided in accordance !ith the dispute policies.

Bmail Abuse X Threat *olicy

*rivate communication, including email correspondence, is not regulated by

Flipkart. Flipkart encourages its Users to be professional, courteous and

respectful !hen communicating by email.

Co!ever, Flipkart !ill investigate and can take action on certain types of

un!anted emails that violate Flipkart policies.

uch instancesG

Threats of 7odily Carm ; Flipkart does not permit Users to send e:plicit threats of

bodily harm.

5isuse of Flipkart ystem ; Flipkart allo!s Users to facilitate transactions through

the Flipkart system, but !ill investigate any misuse of this service.


38/83

poof $Fake& email ; Flipkart !ill never ask you to provide sensitive information

through email. In case you receive any spoof $fake& email, you are reuested to

report the same to Us through Dontact UsD tab.

pam $Unsolicited ommercial email& ; FlipkartDs spam policy applies only to

unsolicited commercial messages sent by Flipkart Users. Flipkart Users are notallo!ed to send spam messages to other Users.

@Hers to 7uy or ell @utside of Flipkart ; Flipkart prohibits email oHers to buy or

sell listed products outside of the Flipkart )ebsite. @Hers of this nature are a

potential fraud risk for both 7uyers and ellers.

Flipkart policy prohibits user;to;user threats of physical harm via any method

including, phone, email and on @ur public message boards.

1iolations of this policy may result in a range of actions, includingG

+imits on account privileges

Account suspension

ancellation of listings

+oss of special status

@ther 7usinesses

Flipkart does not take responsibility or liability for the actions, products, content

and services on the )ebsite, !hich are linked to Aliates and or third party!ebsites using )ebsiteDs A*Is or other!ise. In addition, the )ebsite may provide

links to the third party !ebsites of @ur aliated companies and certain other

businesses for !hich, Flipkart assumes no responsibility for e:amining or

evaluating the products and services oHered by them. Flipkart do not !arrant the

oHerings of, any of these businesses or individuals or the content of such third

party !ebsite$s&. Flipkart does not endorse, in any !ay, any third party

!ebsite$s& or content thereof.

Flipkart Infringement 1eriEcation $FI1& ; "eporting +isting 1iolations

Flipkart has put in place Flipkart Infringement 1eriEcation process so that

intellectual property o!ners could easily report listings that infringe their rights.

It is in FlipkartDs interest to ensure that infringing products are removed from the

site, as they erode 7uyer and good eller trust.

If you are a 1eriEed "ights @!ner and !ant to report a listing issue, see FlipkartDs

FI1. 9oteG @nly the intellectual property rights o!ner can report potentially

infringing products or listings through FI1. If you are not the intellectual property

rights o!ner, you can still help by getting in touch !ith the rights o!ner and

encouraging them to contact us.


39/83

If your listing !as removed through FI1, and you believe that your listing !as

removed in error, please contact us.

Flipkart does not and cannot verify that ellers have the right or ability to sell or

distribute their listed products. Co!ever, Flipkart is committed to removing

infringing or unlicensed products once an authoried representative of the rightso!ner properly reports them to Flipkart.

FI1 !orks to ensure that item listings do not infringe upon the copyright,

trademark or other intellectual property rights of third parties. FI1 participants

have the ability to identify and reuest removal of allegedly infringing products

and materials.

Any person or company !ho holds intellectual property rights $such as a

copyright, trademark or patent& !hich may be infringed upon by products listed

on Flipkart is encouraged to become a FI1 member.

*rogram membership entitles you $1eriEed "ights @!ner& to the follo!ing

beneEtsG

"apid response by Flipkart in ending listings reported by you $as the 1eriEed

"ights @!ner& as allegedly infringing

?edicated priority email ueues for reporting alleged infringements

The ability to obtain identifying information about FlipkartDs usersD

Co! to 7ecome a FI1 5ember

To >oin the FI1, !e reuire only that you fully complete and email Us a 9otice of

Infringement form specifying the allegedly infringing listings and the infringed

!ork, complete !ith an original authoried signature. The information reuested

by the 9otice of Infringement is designed to ensure that parties reporting

products are authoried by the

Documents

Flipkart Terms of Use.docx