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    TERMS & CONDITIONS FOR BLINK

    By using our Services, you are agreeing to these terms. Please read them carefully.

    This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act, 2000"), the applicable rules thereunder and the 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.

    This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.flipkart.com website.

    The domain name www.flipkart.com, including the related mobile site and mobile application (hereinafter referred to as "Platform") is owned and operated by Flipkart Internet Private Limited (hereinafter referred to as 'Flipkart'), a company incorporated under the Companies Act, 1956, with its registered office at Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560103, Karnataka, India.

    As used in this Agreement, " we", " us", or " our" means Flipkart or any of our affiliate; parent; or group companies and our successors and assigns, as the case may be, and " You" or " Your" means the Brand or the applicant. This Agreement contains the complete terms and conditions that apply to Your participation while You/Your agents interact with the prospective buyers during pre-purchase assistance using our chat tool called Blink (the " Program"). The following terms and conditions apply to you:

    1. Term of Agreement: The term of this Agreement commences on the Start Date of acceptance of this agreement and terminates only once communicated by the Brand over email. By clicking on "I accept" on the Flipkart Platform, Brand and Flipkart agree to be bound by terms of this Agreement.
    2. Brand's Representations and Warranties: Brand represents, warrants and covenants that it holds the necessary rights for the Brand's offerings and content on Flipkart Platform and that none of the service, content or material provided by Brand will: (a) infringe on any third party's copyright, patent, trademark, trade secret, right of privacy or other proprietary rights or intellectual property rights; (b) violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) be defamatory or trade libelous; (d) be pornographic or obscene; or (e) contain viruses, Trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines (f) contains any misleading or false information.
    3. Termination: Notwithstanding anything contained elsewhere in this Agreement to the contrary, either Party shall have the right to terminate this Agreement (i) at any time without assigning any reason by giving thirty (30) days' notice; (ii) In the event of breach of this Agreement, without prejudice to all its rights and/or remedies, by providing forty eight (48) working hours' notice in writing to the Brand. Upon termination of this Agreement, the mutual obligations of the parties hereto shall cease.
    4. Platform for Transaction and Communication: The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. Flipkart is not and cannot be a party to any transaction or dispute between users on the Platform.

    Consequently:

    1. Participation in the Program by the Brand does not amount to endorsement of the Products sold on the Platform and Flipkart shall not be liable for any missed products, quality, defect in Products or deficiency in the services. Flipkart accepts no liability for any errors or omissions of you or any third parties in relation to the products and services.
    2. Flipkart is not responsible for any non-performance or breach of any contract between you and buyer. Flipkart cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. Flipkart shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
    3. Flipkart does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.
    4. Flipkart does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
    5. Flipkart shall not be a party to any negotiation/discussion as a part of service, service quality or any other discussion between you/your agent and buyer taking place on Flipkart Platform. You shall be solely responsible for the acts of Your agents/employees/representative.
    6. The Platform is only a platform that can be utilized by you to reach a larger customer base to promote/sell your products/services. Flipkart only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
    7. You release and indemnify Flipkart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Flipkart cannot control the information provided by You/other users which is made available on the Platform.
    8. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretense.
    9. Use of the Platform

    You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

    i) You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

    (a) belongs to another person and over which you have no right;

    (b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to 'indecent representation of women' within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

    (c) is false, inaccurate or misleading in any way;

    (d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

    (e) harasses or advocates harassment of another person;

    (f) involves the transmission of 'junk mail', 'chain letters', unsolicited mass mailing, or 'spamming';

    (g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

    (h) infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];

    (i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;

    (j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);

    (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

    (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;

    (m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);

    (n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;

    (o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of 'virtual' items related to the Platform without our prior written consent.

    Throughout the ToU, Flipkart's prior written consent means a communication coming from Flipkart's Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;

    (p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

    (q) interferes with another's use and enjoyment of the Platform;

    (r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;

    (s) harms minors in any way;

    (t) infringes any patent, trademark, copyright, proprietary rights, third-party's trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;

    (u) violates any law for the time being in force;

    (v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;

    (w) impersonates another person;

    (x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;

    (y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;

    (z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item/services which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

    (aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider ("ISPs") or other suppliers.

    ii) You unconditionally undertake to abide by the following rules while You or Your agents/representatives interact with the buyers on the Platform.

    1. The Brand agent (or any other representative of the brand) should

      • be able to answer all product-related queries for their own brand including brand warranty
      • adhere to chat etiquettes identified during training
      • follow all SoPs shared with them from time to time
      • Politely deny any user query that are not pertaining to shopping on flipkart platform, or is restricted for answering as detailed in this SoP in " should never" section

    2. The Brand agent (or any other representative of the brand) can

      • give suggestions regarding accessories to buy along with their brand product
      • compare similar products belonging to the same brand (their own brand)
      • answer queries related to delivery, installation, return, exchange, etc. provided they are available on Flipkart website/application in public domain
      • give the answer to the queries regarding ongoing offers and payment options available on the product which is present on Flipkart website/application in public domain

    3. The brand agent (or any other representative of the brand) should never

      • abuse user, or use any language that might feel offensive to the user
      • ask any sensitive information regarding payment tokens, OTP, CVV, etc.
      • engage in any conversation which is not pertaining to products and services sold at Flipkart eg. don't engage in any personal/private conversation that has nothing to do with user product/ services, should not respond to proposals, unethical talks, immoral talks, or any other inappropriate chat
      • give incorrect /falsified information to the user, or misled user to purchase into a product
      • make any promise regarding replacement, repair, delivery, offers, stock situation, or any other Flipkart services and offering information that is not mentioned on the Flipkart website/portal. However, they can power product information like product specification, highlights, description which are not available on Flipkart platform, provided they are true and are not conflicting with any information provided on Flipkart website/ mobile application/ mobile site
      • give any information which is contradicting to the information present on the Flipkart website/mobile application/ mobile site
      • force, incentivize, or falsely influence customers to buy a product
      • indulge in any price negotiations with the customer
      • involve with the customers through any other mode of communication (which is not through Flipkart whitelisted portal) even if a customer asks for the same, such as Call, Whatsapp Chat, Social media & more
      • answer any queries for any cross-brand/ cross model product (not in their brand portfolio), and should redirect those queries to Flipkart agents if available, or else politely deny
      • mention the launch dates, or offer details, or make any fulfilment promises for any upcoming model launch of the brand, if the model is not already called out on Flipkart website/ mobile application/ mobile site
      • entertain any questions around price comparison with another e-commerce website, or any offline retailer
      • do a comparison between products from their brands and some other brand, however, they can highlight features of a product belonging to their brand
      • identify themselves to the user as Flipkart agents, but as brand agents
      • answer queries regarding price changes on the platform
      • answer questions related to offline purchase and comparison to offline purchase
      • use any customer data for any other use apart from helping them with the query they are requesting
      • redirect customers to Brand Customer Care
      • redirect customers to any other website or portal other than flipkart
      • never promote purchase of the product to the user from any other platform or retailer except Flipkart

    iii) You shall not use any 'deep-link', 'page-scrape', 'robot', 'spider', automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.

    iv) You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password 'mining', or any other illegitimate means.

    v) You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.

    vi) You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Flipkart, Flipcart, flipkart.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Flipkart or sellers on the platform or otherwise tarnish or dilute any Flipkart trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Flipkart's systems, networks, or any systems or networks connected to Flipkart.

    vii) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person's use of the Platform.

    viii) You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.

    ix) You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Flipkart and/or others.

    x) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time . You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Platform qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.

    xi) Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to display the chat conversation on the Platform and store it in Flipkart’s server for internal consumption.

    xii) From time to time you shall be responsible for providing information relating to the items or services proposed to be sold/rendered by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.

    xiii) You shall not engage in advertising or solicitation of other sellers/Brands on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. Flipkart shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Flipkart's views. In no event shall Flipkart assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.

    xiv) It is possible that other users (including unauthorized persons or 'hackers') may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

    xv) Flipkart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).

    1. Confidentiality: Parties hereby agree to comply with the confidentiality obligations –and shall not disclose information to any third party unless required by rule of law.
    2. Protection of Data: To the extent applicable, Brand shall not store or make unlawful or unauthorised use of any Personal Information of the users. The Brand shall strictly comply with the provisions of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, ("Rules") while using such Personal Information. For the purpose of this clause "Personal Information" shall mean any information relating to any natural person which in combination with other information available with Brand or likely to be available with Brand is capable of identifying such person. Further, Brand shall use such Personal Information only for the Term of this Agreement or such other period as specified by Flipkart in writing. Violation of this obligation shall be deemed to be a material breach of the Agreement and Flipkart shall have the right to forthwith terminate the Agreement without any prior written notice to the Brand. In addition to the foregoing, the Brand agrees to indemnify and hold Flipkart harmless against all losses, damages, costs, expenses, suits and proceedings (including reasonable attorney fee) that may be suffered or incurred by Flipkart due to third party claim arising as a consequence of breach by Brand or its personnel of this clause.
    3. Quality-check: You hereby agree and acknowledge that Flipkart would do a quality check and performance monitoring of the chat conversation between brand agents and Flipkart users on a continuous and timely basis at its end. While Brand or any subcontractor/representative of the Brand will have to set up their own internal quality audit mechanism, Flipkart would get the chat quality and performance monitoring internally or through an external agency on the conversation data that is hosted at Flipkart storage. Any callouts identified during the quality and performance check would be discussed with the Brand. Though, the primary nature of Quality check would be in right spirit to improve the quality of the performance by the Brand, in case Brand fails to cure any breach/violation within five (5) days from receipt of notice, Flipkart may decide (on severity and the repetitive nature of the laps/Issues identified during the check) to de-register the Brand with 48 hour of notice on its platform if found to be violating the usage guidelines shared from time to time to interact with the end users
    4. Your Account and Registration Obligations: In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
    5. Intellectual Property Rights: All intellectual property rights ("IPR") existing prior to the Start Date of this Agreement will always and shall continue to belong to the party that owned such rights immediately prior to the Start Date ("Background IP"). Parties shall not gain by virtue of this Agreement, any rights of ownership of copyrights, patents, design, trade secrets, trademarks or any other IPR owned by the other party.
    6. Trademark: Brand grants Flipkart a non-exclusive, royalty-free license to use, reproduce and display the Brand's logo, content, code, graphical representation and material of the Brand ("Marks") on the Platform and any Flipkart's marketing materials in the form provided by the Brand, save for any formatting changes necessary for display on the Platform or other agreed changes for the purpose of this Agreement. Brand represents and warrants that Brand has obtained all necessary and required permissions and licenses to grant aforesaid licenses to Flipkart. It is hereby clarified that sale of products through Flipkart Platform is restricted within the territory of India..
    7. Indemnification: Brand shall indemnify (and keep fully indemnified) and hold Flipkart and its affiliated companies harmless against any claim, action, loss, damage or proceedings brought against Flipkart or its affiliated companies relating to (i) your services and any content, claim or promise on the Brand's website or the Platform, (ii) any complaints arising from Brand's customers regarding the goods and/or services sold by Brand on Brand's website or the Platform, (iii) any breach by Brand of the terms and/or its obligations under the Agreement, (iv) any breach of a representation or warranty made by Brand , (v) breach of confidentiality obligations, and (vi),breach of applicable laws (vii) any miscommunication or misbehavior by your agent or breach of provisions of this agreement by a sub-contractor.
    8. Limitation of Liability: In no event shall either Party be responsible for any consequential, special, punitive or other damages, including, without limitation, lost revenue or profits, in any way arising out of or related to the Agreement or publication of any advertisements, even if the Party has been advised of the possibility of such damages.
    9. Modification: We may modify any of the terms and conditions contained in this Agreement, with prior notice of minimum 14 days and in our sole discretion, by posting a new agreement on the Flipkart Site. Modifications may include, for example, changes in the scope of available features in the tool and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on the Platform will constitute binding acceptance of the change.
    10. Disclaimer of Warranties: NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALL SERVICES PROVIDED BY FLIPKART "AS IS" AND FLIPKART HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING FLIPKART'S SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
    11. In particular, Brand acknowledges that Flipkart does not review content or information provided by users of the Platform and that Flipkart gives no warranty or undertaking in relation to the display of any such content or information, including in relation to any search results displayed on the Platform.
    12. Miscellaneous: This Agreement, (a) shall be governed by and construed in accordance with, the laws of India, without giving effect to principles of conflicts of law; (b) except as otherwise agreed only by a written agreement executed by an authorized representative of each party; and (c) constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties. Both the parties shall make no public announcement regarding the existence or content of this Agreement without each other's written approval. Both parties consent to the jurisdiction of the courts of Bangalore, Karnataka with respect to any legal proceeding arising in connection with this Agreement.
    13. Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.
    14. Contact Us: Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website to ss@flipkart.com.

    Grievance Officer

    In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:

    Mr. Chinnappa Karumbaiah Kuppanda

    Flipkart Internet Private Limited

    Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560103, Karnataka, India

    Phone: +91- 080-49083910

    Email: grievance.officer@flipkart.com

    Time: Mon – Sat (9:00 – 18:00)

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