Privacy Policy

Introduction

Welcome to the website www.flykart.in of Firki Wholesale Pvt. Ltd. ("FWPL" or “Flykart”), having their registered office at Khasra No. 382, Plot No. 4, 2nd floor, M.G. Road, Sultanpur, New Delhi - 110030 and their related mobile application into which Flykart is integrated (together referred to as “Platform”)

Binding Contract

We therefore request you to read these terms of use ("Terms") carefully and the privacy policy set out on the Platform. The Terms and Privacy Policy displayed on the Platform, once accepted by you, becomes a legally binding contract between you and Us. By using the Platform, purchasing of any products displayed on the Platform, you completely agree to the Terms and Privacy Policy of the Platform and all the rules, policies, procedures relating to the services provided by FWPL, including in relation to the use of the Platform, that may be amended from time to time without providing any notice to you. If you want to ask us anything about these Terms or have any comments or complaints on or about the Platform please email us on support@flykart.in

Eligibility to use

Reference to the term "You" on the Platform shall mean you individually or in the event you are accepting the Terms and Privacy Policy on behalf of any company or body corporate or such other legal entity, it shall also mean and include such entity. In order to use the Platform and accept the Terms and Policy of the Platform, you are required to be compliant with all applicable laws. If you do not meet these requirements or do not agree to these Terms or the Privacy Policy, you may not create an account or use the Platform. FWPL reserves the right to terminate your subscription and / or refuse to provide you with access to the Platform if it is discovered that you are not authorised to enter into the transaction.

Account & Privacy Policy

• You agree to provide true, accurate, current and complete information about yourself as required by the Platform for the delivery of the product. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). You represent that you are not a person barred from receiving services under the laws as applicable in India. You undertake to indemnify and keep indemnified FWPL for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
• We will not use the information provided by you hereunder for any purpose except for processing your order and for related trouble shooting, if any.
• "Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with this Privacy Policy. If you use the Platform, you are responsible for maintaining the confidentiality of Your Login ID and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Login ID or Password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You undertake to indemnify and keep indemnified FWPL for any loss, claim, damage, costs (including legal and professional costs) relating to your responsibility or liability or failure including those aforesaid. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
• Sharing of Details: By proceeding with an order for any product, you hereby consent for us to share your name, address and contact details with our third party seller and delivery partners, only to the extent that it helps us service the delivery of the product ordered by you. We will not use any such information shared with us for any reasons other than those related to your transactions with us on the platform.
• SMS/Phone Communication: On registering in the Platform, you agree that we may use your registered mobile number on the Platform to send transaction related SMS/ place phone calls to you for customer care purposes.
• Electronic Communications: By placing and order with us or by entering your details on our site, You consent to receive communications from us electronically with regard to the order placed by you. We will communicate with you by e-mail or by posting notices on the Platform. You hereby agree that all agreements, notices, disclosures and other communications can be provided to you electronically to satisfy any legal requirements.
• Payments: You agree, understand and confirm that the card details provided by you for availing of services on the Platform will be correct and accurate and you shall not use the card/payment instruments which is not lawfully authorised. You further agree and undertake to provide the correct and valid card details when making payment on the Platform. We do not store any information related to your card or net banking, but only facilitate the payment through our payments facilitator. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back, as per the terms of the concerned bank.

Products, Delivery and Customer

Various products owned by Flykart or its authorised sellers is displayed and sold on the Platform. We will make reasonable efforts to check on the quality of the products, we request you to be satisfied that the products so purchased are legally compliant as required under applicable laws. Your feedback on the products displayed for sale is invaluable to us – please write to us at support@flykart.in with the same and we will do our best to act on this.

The contents of the products displayed for sale on the Platform are completely owned by various designers/sellers uploading the same or their assignees. FWPL provides a platform that would facilitate the purchase and sale of the products uploaded by such sellers and do not own any content or have any other rights over the same those of other sellers. FWPL will however have ownership of design and contents of its own products, as applicable.
Flykart and the sellers have only license to manufacture the product using the Intellectual Property Rights owned by the Bhartiya Janata Party .
You understand that all designs, information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials on the products offered for sale through the FWPL ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.

Any product that is successfully sold on the Platform will be delivered to you as per the period of time as specified at the time of purchase. Please note that different types of products have different associated times of production and hence delivery time may vary from product to product. We will make every effort to meet delivery promises, and will keep you informed in case of any delays that are outside our control.

If the sold/supplied product does not match the product description displayed on the Platform, or if the product is defective and we are satisfied with the veracity of the complaint, we shall refund the amount paid by you within 30 days of the complaint.

For any concerns with regard to the products sold hereunder the same may be addressed to the email id: support@flykart.in.

Modification of Terms & Conditions of Service

We may at any time modify the Terms. You can access the latest version of the Terms at any given time on the Platform. You agree to regularly review the Terms on the Platform, so as to be aware of the modifications. Should you wish to terminate your account due to a modification to the Terms or the Privacy Policy or otherwise, you may do so from My Accounts section. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of the Platform.

Indemnity

You agree to defend, indemnify and hold us and our employees, directors, officers, and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive in perpetuity the expiry or termination of these Terms.

Limitation of Liability and Disclaimers

While we will make every effort to maintain this platform to the highest standards, the Platform is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Platform. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Platform. This disclaimer constitutes an essential part of these Terms.

To the fullest extent permitted under applicable law, We shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform, its services or these Terms.

Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms, be it in tort or contract or any other legal theory is limited to the amount you paid us for the product purchased from us or INR 1000/-, whichever is higher.

We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and / or uninterrupted. However, where technically feasible, we will make reasonable efforts to rectify any errors that are detected by us or brought to our notice.

Platform Security

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. FWPL or its authorised personnel may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.

Entire Terms

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Platform policies constitute the entire agreement between you and FWPL with respect to our services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the [www.flykart.in]. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

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