Shopsense Retail Technologies Limited (“Fynd”) offers this program, starting 01st June, 2023 (“GoFynd Loyalty Program” or “Program”). Any person, who
is an individual resident of India as defined under the Income Tax Act, 1961)
is of eighteen (18) years of age or above and has the capacity to enter into a legal contract; and
meets such eligibility conditions as may be stipulated by Fynd from time to time; can participate in the Program (“GoFynd Loyalty Member”) at the time of making a purchase of products listed on the website www.gofynd.com and its corresponding mobile application named “GoFynd” (collectively, “Platform”). As part of the GoFynd Loyalty Program, GoFynd Loyalty Member can earn points (“Go Points”) and use such points to get discounts on products purchased on the Platform as detailed henceforth in these terms and conditions (“Terms”).
Participation in GoFynd Loyalty Program is subject to compliance with these Terms. Fynd may at its sole discretion, reject the enrolment in the GoFynd Loyalty Program for reasons it deems appropriate.
Fynd reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify GoFynd Loyalty Program /Terms and/or any part thereof including the eligibility criteria and other pertinent terms and conditions at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the GoFynd Loyalty Member.
A person’s completion of a transaction on the Platform shall be deemed to be explicit acceptance of these Terms. GoFynd Loyalty Member hereby acknowledges that he/she has understood and unconditionally accepts these Terms. Any GoFynd Loyalty Member providing incorrect information or concealing/withholding any information from Fynd with intent to participate in this GoFynd Loyalty Program will automatically be disqualified from participating in it. Fynd’s determination of such disqualification, at any point of time, shall be final and binding.
The following terms and conditions apply to the accrual and redemption of Go Points under the GoFynd Loyalty Program:
Go Points accrue to a GoFynd Loyalty Member in one of the following ways (“Accrual Process”):
(i) The GoFynd Loyalty Member, registers and signs up successfully for the first time on the Platform (“Joining Mode”); or
(ii) The GoFynd Loyalty Member, on and after the date of commencement of the GoFynd Loyalty Program, purchases certain products on the Platform; (ii) the relevant products are successfully delivered to the GoFynd Loyalty Member; and (iii) the time period to return the products delivered has expired ((i), (ii) & (iii) collectively, “Transaction Mode”); or
(iii) GoFynd Loyalty Member refers a friend to the Platform (“GoFynd Referee”) and the GoFynd Referee completes the sign-up on the Platform through the referral link provided to them or enters the referral code (“Referral Mode”); or
(iv) Fynd may from time to time offer Go Points at its own discretion (“Special Mode”).
Go Points cannot be encashed and do not carry any real money value. Go Points are redeemable as a discount only against the purchase price of products on the Platform (“Redemption Process”). The Go Points can be redeemed for a period of up to 60 (sixty) days from the date of accrual of the relevant Go Points, unless mentioned otherwise specifically for Go Points getting accrued through Special Mode which can be redeemed within the stipulated timeline mentioned therein. Any redemption of the Go Points shall strictly be in accordance with these Terms and cannot be clubbed with any other offer or scheme.
GoFynd Loyalty Member can know the current balance of Go Points by visiting the Platform and through authenticated login credentials. Fynd’s computation of Go Points shall be final and binding on the GoFynd Loyalty Member.
Fynd reserves the right to revise or update, from time to time: (i) the Accrual Process; (ii) Redemption Process; (iii) method of computation of Go Points, etc. Accordingly, GoFynd Loyalty Members are advised to check these Terms regularly.
The following table sets out the applicable: (i) Go Points accrual ratio under different modes; and (ii) the Go Points redemption ratio.
The benefit availed by a GoFynd Loyalty Member from the GoFynd Loyalty Program would be at the cart/order level at the Platform. The Go Points which have been redeemed by the GoFynd Loyalty Member for an order shall not be returned or credited back to such GoFynd Loyalty Member even in case of part/full cancellation or return of products purchased from the Platform. However, such Go Points will be credited back to the GoFynd Loyalty Member if the order is cancelled by Fynd itself.
The GoFynd Loyalty Program is available for the personal use and benefit of an individual only and not for commercial use or for use by enterprises, including companies, partnerships and sole proprietorships. Go Points are credited to a GoFynd Loyalty Member which is meant solely for his/her personal consumption. A GoFynd Loyalty Member is identified by the mobile number he/she registers and therefore, the GoFynd Loyalty Member shall ensure that the registered mobile number on the Platform belongs to such GoFynd Loyalty Member and is accurate and up-to-date.
Fynd will not be responsible for any loss of Go Points due to loss, misuse, surrender or transfer of mobile number by GoFynd Loyalty Member.
In the event of any change in the registered mobile number, it will be the sole responsibility of the GoFynd Loyalty Member to promptly inform Fynd and strictly adhere to the process of updating or change of his/her registered mobile number, with necessary documents of proof, as may be stipulated by Fynd from time to time. Under no circumstances will Fynd be responsible in any manner for any delay on the part of GoFynd Loyalty Member to inform any change of registered mobile number or failure to adduce necessary documents of proof or adherence to process for effecting such change in the records of Fynd.
No Transfer of membership
Fynd does not allow a GoFynd Loyalty Member to transfer its membership to another individual and as such cannot be pooled with, combined or transferred to any other mobile number.
Subject to any applicable laws; (a) all warranties of any kind whatsoever, whether express or implied, are hereby expressly disclaimed including, but not limited to, meeting of the GoFynd Loyalty Member’s requirements or aspirations, timeliness, security, the results or reliability of the GoFynd Loyalty Program, any type of delay in delivery of the Go Points or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or Go Points acquired or obtained through the GoFynd Loyalty Program or any transactions effected through the GoFynd Loyalty Program; and (b) the GoFynd Loyalty Member expressly agrees that his/her participation in the GoFynd Loyalty Program is at his/her sole risk and is governed by these Terms.
Fynd, may from time to time, in compliance with extant regulations and applicable law, impose additional terms and conditions that may be necessary for ensuring compliance of the Program with extant law. Such terms and conditions shall be binding upon the GoFynd Loyalty Member.
The GoFynd Loyalty Member shall indemnify and keep indemnified Fynd and their officers, directors, employees, customers, and affiliates harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which Fynd may incur, pay or become responsible as sponsor/organizer/facilitator as a result of (i) breach or alleged breach of the representations or obligations by the GoFynd Loyalty Member under the Terms hereunder; (ii) any failure by the GoFynd Loyalty Member to comply with applicable law; and (iii) any third party claim in respect of misuse of any information of a third party by the GoFynd Loyalty Member.
Fynd’s obligation under the GoFynd Loyalty Program is subject to force majeure circumstances including without limitation, floods, epidemic, lockdown, natural disasters, war, act of terror, political unrests, technical snags, act of God, change of laws or any circumstance beyond the reasonable control of Fynd (“Force Majeure Event”). Fynd shall not be liable for any delay or adverse effect caused to this GoFynd Loyalty Program as a result of a Force Majeure Event. If a Force Majeure Event occurs, Fynd shall not be responsible for any damage or loss which GoFynd Loyalty Member may suffer by reason of such a failure or delay of performance, and such failure or delay shall not be a breach on part of Fynd.
Waiver and Assignment
Failure by Fynd to enforce any of their rights at any stage does not constitute a waiver of those rights. Further, Fynd may assign any of its rights within the GoFynd Loyalty Program to any party without prior intimation to GoFynd Loyalty Member.
Marketing and Promotion
By participating in the GoFynd Loyalty Program, GoFynd Loyalty Member grants to Fynd a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, assignable license to display, publish, announce or refer the details or name of the GoFynd Loyalty Member (“Member Material”) in any form, electronic or print manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Fynd and its licensees or assignees determine, without any further compensation, notification, or permission.
All disputes in connection with the GoFynd Loyalty Program (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute shall be solved amicably. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by Fynd and GoFynd Loyalty Member involved in the Dispute from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and Conciliation Act, 1996. The language of arbitration shall be English. The arbitral award shall be final and binding on the Parties. The award may include costs, including reasonable advocates’ fees and disbursements.
Subject to the above clause, all disputes in connection with the GoFynd Loyalty Program are subject to the laws of India and subject to the exclusive jurisdiction of courts at Mumbai.