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.

The Terms of Use is a legal document and creates an agreement between You and Flipkart Internet Pvt Ltd, a company incorporated under the Companies Act, 1956, having its registered office at Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560103, Karnataka, India (“Flipkart”) for the access and use of this website www.flipkartcommercecloud.com (“Site”).

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who is accessing this Site. The term “We”, “Us”, “Our” shall mean Flipkart.

By using this Site, you are agreeing to be bound by the Terms of Use

Amendments

We reserve the right to amend these Terms at any time without notice to you. The latest, fully-amended version of these Terms will be published on the Site. It is Your responsibility to review these Terms of Use periodically for updates / changes. If any amendment is unacceptable to you, you may stop using this Site. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions.

Legal requirements to Use the Site

Use of the Site 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 Site. Your age must be 18 years or above.

If you are using the Site on behalf of a corporation or other organisation, You represent and warrant that You have the ability to agree to these Terms of Use on behalf of such organisation and all references to “You” throughout these Terms will include such organisation, jointly and severally with you personally.

You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo or sanctions, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. If any applicable law, rule or regulation prohibits you to access the Site, you may not access them. If You nevertheless access or use the Site, You will still be bound by these Terms of Use and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.

Disclaimers and Assumption of risk

This Site and the content available within the Site are for informational purposes only. Neither the Site nor the content available within constitute professional advice, and neither should be relied upon by you or any third party.

Flipkart reserves the right to not provide you any services requested by you through applying through this Site for any reason whatsoever. Flipkart is not obliged to provide the services to you or disclose the reasons for rejecting your application for services.

Content

All content on the Site is provided on an “as is”, with no guarantees of completeness, reliability, accuracy or timeliness, and without representations, warranties or other contractual terms of any kind, express or implied. Flipkart does not represent or warrant that this Site and / or any information or other material downloaded from this Site, will be accurate, current, uninterrupted, error-free, omission-free or free of viruses or other harmful components.

FLIPKART DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE CONTENT CONTAINED ON THIS SITE.

Third-Party Content

The Site may contain links to websites and other materials made available by third parties (collectively, “Third Party Content”). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content.

Third Party Content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Site or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Site as set out in these Terms.

We neither control nor endorse, nor are responsible for, any Third Party Content and we make no representations or warranties with respect to them. The availability of any Third Party Content through the Site does not imply the endorsement of, or affiliation with, any provider of such Third Party Content. Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content).

Communications

When You use the Site 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, which will be deemed adequate service of notice / electronic record.

Authorization to Contact You

You consent to receive calls, emails and text messages from Flipkart at the telephone number or email address that You have provided to Us. Flipkart may share your telephone numbers and other personal data in accordance with terms set out under the Privacy Policy.

Linking

You may use the link to this Site provided that such link does not involve:

• unauthorized use of our logo;
• any false claim (actual or implied) of endorsement by, or other relationship with, Flipkart;
• framing or embedding of any pages of our Site; or
• other infringement of our trademarks, copyright and/or other intellectual property rights

Copyright Notice

Except where noted otherwise, all material on the global portion of the Site is copyright of Flipkart. All rights reserved. No part of the materials on this Site, including but not limited to the text, graphics and html code, trademarks or logo may be reproduced or transmitted in any form, or by any means without Flipkart’s written permission.

Monitoring

We may monitor use of the Site from time to time but have no obligation to do so. If and when we do monitor Your use of the Site, we will do so in accordance with applicable law.

Restrictions on using this Site

You may never engage in any of the following activities:

• Violation of any law, whether civil, criminal, or regulatory in nature, regarding your usage of the Site
• Engage in any action, indirectly or directly, that may be harmful to Flipkart, this Site or any function thereof.

Termination

We may, in our sole discretion, suspend, restrict or terminate Your use of the Site, effective at any time, without notice to you, for any reason, including operation or efficiency of the Site or our or any third party’s equipment or network being impaired by Your use of the Site; receipt of a third party complaint which relates to Your use or misuse of the Site; or on account of Your breach of any term or condition of these Terms of Use.

Limitation of Liability

The Site are provided for information purposes only and, to the maximum extent permitted by applicable law, Flipkart excludes all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Site and any content or materials you obtain via the Site.

You acknowledge and accept that use of the Site is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, Flipkart is not liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Site arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.

FLIPKART DISCLAIMS ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIPKART SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE SITE; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE SITE OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES – INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES – THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE SITE.

Indemnification

You agree to defend (at the indemnified party’s option), indemnify, and hold Flipkart harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgement and expenses of any kind and character whatsoever incurred by us relating to or arising from any content or information posted or transmitted by You using the Site or otherwise arising out of your use of the Site or use of the Site by any third party who is given or gains access to the Site due to your action or inaction.

No implied waiver

If you do not comply with these Terms, and we do not take action immediately, this does not mean we are giving up any rights that we/they may have (such as taking action in the future).

Notices

Any notice, consent, waiver, approval, authorisation or other communication to be delivered in connection with these Terms of Use:

• by Us to You will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars provided by You;
• by You to Us will be deemed to have been effectively and validly given only if in writing and delivered or submitted via the “Reach Us” page or to our official email address set out under the “Reach Us” page.

Relationship

You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between Us and You as a result of these Terms of Use or Your use of the Site.

Force Majeure

Neither party will be responsible for a failure to fulfil its obligations under these Terms of Use or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

Entire Agreement

These Terms of Use, as amended from time to time, including any and all documents, any terms and policies referenced herein, including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to your use of the Site.

English Language

The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English.

Severability

If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Jurisdiction/Applicable Law

Terms of Use shall be governed by, interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.

Feedback

If You provide us with identification of any potential errors in, or improvements to, the Site or any content (“Feedback”), You hereby grant us the unrestricted right to use Your Feedback, including the right to use Your Feedback to improve the Site and create other services. We will treat any Feedback You provide to us as non-confidential and non-proprietary. You agree that You will not submit to us any Feedback that you consider to be confidential or proprietary.