Terms And Conditions

Terms And Conditions

Welcome to GoFynd !

The website www.gofynd.com (“Gofynd.com”) including the related mobile site and mobile application “GoFynd” (collectively called the “Platform”) are operated by Shopsense Retail Technologies Limited [CIN: U52100MH2012PLC236314] (“Fynd”, "we”, “us” or “our”), a company incorporated under the Companies Act, 1956, having its registered office at 1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093, which is a subsidiary of Reliance Retail Ventures Limited.

For the purpose of these Terms of Use (defined below), wherever the context so requires “you”, “your”, “Buyer” or “User” shall mean any natural or legal person who has agreed to become a buyer/user on the Platform by providing registration data while registering on the Platform as a Registered User, using their computer systems.

We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

Please read the terms & conditions for use and/or access of Platform (“Terms of Use”) carefully before using the Platform or availing any current or future service or functionality or offer made available by us on the Platform (“Services”). Please note that we may, from time to time, change or update the Terms of Use that govern your use of the Platform. Every time you wish to use our Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. By using or accessing the Platform, you signify your agreement to be bound by the Terms of Use and other policies (including but not limited to Privacy Policy, Return Policy, Refund and Cancellation Policy) (collectively called “Platform Policies”) at the time of your access and usage of the Platform, which shall constitute your binding obligations, with us (“Agreement”). If you transact on the Platform, you shall be subject to the Platform Policies.

If you do not agree with any of these Terms of Use, please do not use the Platform. If you have any questions about the terms, please contact at care@gofynd.com or for quick assistance the User may use the ‘Chat with Us’ option available on the Platform.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be 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.

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 & Conditions for access or usage of the Platform.

These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of your use of the Platform.

Part A – Terms And Conditions For Usage Of Platform General

1.

General

1.1

These Terms of Use specifically govern your access and use of the Platform which provides a forum for you to inter alia discover, select and buy products offered for sale (“Product(s)”) by Sellers (as defined below).

1.2

We authorise you to view and access the Platform solely for identifying Products, purchasing Products and processing returns and refunds, in accordance with the Return Policy and Cancellation & Refund Policy, and therefore, grant you a limited, revocable permission to access and use our Services.

2.

Membership Eligibility

By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If you are below 18 (Eighteen) years of age, it is assumed that you are using/browsing the Platform under the supervision of your parent or legal guardian and that your parent or legal guardian has read and agrees to these Terms of Use , including terms of purchase of Products on your behalf. In the event we are made aware that you are under the age of 18 and are using/browsing the Platform without the supervision of your parent or legal guardian, we reserve the right to deactivate your account without further notice. Further, if you are using/browsing the Platform on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms of Use.

3. 

Registration Of Your Account

3.1

In order to purchase Products on the Platform, You may register in one of the following ways:

3.1.1 By creating a GoFynd user account: by providing the relevant information for the creation of your account on the Platform (“User Account”). Following this, a User Account with an exclusive username and password (basis your inputs) will be created by Fynd for you.

3.1.2 By using a third-party account: You may use the login credentials of the account maintained by the User with a third-party service provider (illustratively, Google or Facebook), in which case you will also be subject to relevant third-party terms and conditions applicable to such third-party account.

3.2

Registration is a one-time process. You will be eligible to further access the Platform only upon receipt of an OTP (One Time Password) on your registered mobile number from us after providing the necessary details as may be required by us at the time of your registration. ‍

4.

User Account Obligations

4.1

You are solely authorized to operate the User Account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions/inactions undertaken through your account.

4.2

You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your User Account on the Platform and refuse to provide you with access to the Platform.

4.3

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address is up-to-date on the Platform, at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.s

4.4

You agree that we shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your User Account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the Platform.

4.5

You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. If you share or allow others to have access to your User Account on the Platform, or otherwise, they will be able to view and access your User Account information. You shall be solely liable and responsible for all the activities undertaken under through your User Account, and any consequences arising therefrom.

4.6

We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred by us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time, without notice to you.

5.

Communication And Unsubscription

5.1

By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number and email address provided by you. By accessing and using the Platform and/ or verifying your contact number/email address with us; by accepting these Terms of Use; by accepting or receiving and not unsubscribing expressly on the consent  availed by us from you via SMS, Emails, Voice calls, IVR (Interactive Voice Response) or any other modes and methods of communication you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018

5.2

You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.

6.

Online Platform For Transaction And Communication

6.1

You agree, understand and acknowledge that, this is an online platform that enables you to purchase Products listed on the Platform, at the price indicated therein at any time from any location in India. You further agree and acknowledge that the Platform is only a facilitator and is not and cannot be a party to, or control in any manner, any transactions on the Platform. Accordingly, the contract of sale of Products on the Platform shall be a strictly bipartite contract between you and the person /entity selling such Product(s) on the Website (“Seller(s)”).

6.2

The Platform is a platform that Buyers and Sellers utilize to meet and interact with one another for conducting their transactions. The Platform is not and cannot be, a party to or control in any manner any transaction between the Platform's users i.e. Buyers and Sellers

7.

Disclaimer Of Warranties, Inaccuracies Or Errors

7.1

We will do our utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free, to the extent possible. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new functionalities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

7.2

Even though we will try to ensure that all information and recommendations, whether in relation to the Products, offerings or otherwise (hereinafter “Information”) s correct at the time of inclusion on the Platform, we do not guarantee the accuracy of the Information, nor make any representations or warranties with regards to the completeness or accuracy of Information, as Fynd is merely an intermediary for the purposes of these Terms of Use

7.3

You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Platform, the Information, or any third-party website linked to this Platform.

7.4

Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

7.5

We do not covenant or provide any representations and warranties:

7.5.1  in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption of the Product or the content (including Product or pricing information and/or specifications) on Platform;
7.5.2 that the Services will be available at all times; and
7.5.3 that the operation of Platform, including the functions contained in any content, information and materials on Platform or any third-party sites or services linked to Platform will be uninterrupted, or that the defects will be rectified, or that Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

7.6

THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELVES AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS PLATFORM OR YOUR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.7

To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of Products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.

8.

Availibility And Accesibility Of Platform

8.1

We control and operate this Platform from India and make no representation that the materials and the content available on the Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

8.2

The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a User in one region may obtain the Services from our Platform in another region.

8.3

We monitor your User Account usage in order to avoid fraudulent account creation and transactions. Users with more than one User Account(s), using such additional User Account(s) for fraudulent transactions and dealings, shall be liable for legal actions under applicable law. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions as well as recover the cost of goods, collection charges and legal fees. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such User Account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds to you.

9.

Third Party Interaction And Links To Third Party Sites

9.

During the term of your use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

10.

Content On Platform

10.1

The Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Content”). All copyright and other intellectual property rights in the Content are either owned by us or have been licensed to us by the owner(s) of those rights so that we can use the Content as part of our Services.

10.2

Any Seller’s Content, is a third party user generated content and GoFynd has no control over such third party user generated content as GoFynd is merely an intermediary for the purposes of this Terms of Use.

10.3

Except as expressly provided in these Terms of Use, no part of the Platform and no Content, including Seller’s Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Fynd's express prior written consent.

10.4

You may use information on the Products and Services purposely made available on the Platform for downloading, provided that You (1) 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 do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

11.

Intellectual Property Rights

11.1

All the trade names associated with us and any logos denoted with “TM” on the Platform are trademarks or registered trademarks of us and/or our affiliates. Such trademarks may not be used in connection with any product or service that is not our product or service.

11.2

This Platform is controlled and operated by GoFynd and Products are sold by respective Sellers. Any Content/Seller’s Content published on Platform are protected trademarks and/or the intellectual property rights of such owner i.e. GoFynd / respective Seller and is solely for your personal, non-commercial use.

11.3

You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the respective owner, modification of the materials, use of the materials on any other platform or networked 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 which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause, and shall attract subjective penalties and costs according to the applicable law.

11.4

If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at care@gofynd.com or for quick assistance the User may use the ‘Chat with Us’ option available on the Platform.

12.

Product Description

GoFynd being an intermediary, does not warrant that Product description or the Seller’s Content published on this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

13.

User Warranties And Restrictions

13.1

You represent and warrant that: (a) your use of Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory); (d) shall not publish any information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of these warranties.

13.2

You will use Platform for lawful purposes only and will not undertake any activity that is harmful to Platform or its Content or otherwise not envisaged through the Platform. You have a limited license to access and use Platform, solely for the purpose of availing the Services, subject to these Terms of Use.

13.3

You will not do any of the following:

1.   Delete or modify any Content On Platform, such as any information regarding the Products or Services, their performance, sales or pricing;

2.  Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Platform;

3.   Make false or malicious statements against the Products, Services, Platform or us;

4.  Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Platform and/or the Services;

5.  Introduce any trojans, viruses, any other malicious software, any bots or scrape on Platform for any information;

6.  Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

7.  Hack into or introduce malicious software of any kind onto Platform;

8.  Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

9.  Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

13.4

You are prohibited from uploading, modifying, transmitting, updating or sharing on or through Platform, any information that:

13.14.1  belongs to another person and to which you do not have any right;

13.14.2  is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

13.14.3  harms minors in any way;

13.14.4 infringes any patent, trademark, copyright or other proprietary rights;

13.14.5 violates any law for the time being in force;

13.14.6  deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

13.14.7  impersonates or defames another person; or

13.14.8  contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

14.

Indemnification And Limitation Of Liability

You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Platform or the Content or the Services, violation of these Terms of Use, or infringement of any of our or any third-party’s intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

15.

APPLICABLE LAW AND JURISDICTION:

You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Platform or the Content or the Services, violation of these Terms of Use, or infringement of any of our or any third-party’s intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

16.

Grievance Officer:

In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate:

Name: Sana Kazi
Designation: Grievance Officer
Email Address:  grievance@gofynd.com
Contact number: 8208165311
Registered Office: Shopsense Retail Technologies Limited1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093

17.

Force Majeure

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

18.

Waiver

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

19.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

20.

Amendment

These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Platform. You relationship with the Platform will be governed by the most current version of these Terms of Use, as published on the Website, from time to time.

21.

Miscellaneous

These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.

22.

Nodal Officer

Name: Abhimanyu Mallik
Designation: Nodal Officer
Email Address:  compliance@gofynd.com
Contact number: 9152400341
Registered Office: Shopsense Retail Technologies Limited1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093

PART B – TERMS AND CONDITIONS OF SALE ON PLATFORM

The terms and conditions of sale as set out herein (Terms of Sale”) constitute an agreement between Seller and You and governs the terms and conditions on which you purchase Products from the respective Seller(s) on or through the Platform. By placing an order for any Product on the Platform, you expressly agree to be bound by these Terms of Sale.

These Terms of Sale are in addition to the Agreement.  Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Henceforward:

1.

All commercial/contractual terms are offered by and agreed to between You i.e. Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and services such as after sales services related to Products. GoFynd does not have any control, or does not determine or advise or in any way involve itself, in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are offered by the Seller and not by Fynd.

2.

Placement of order by a Buyer with Seller on the Platform is an offer to buy the Product(s) in the order from the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the Product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

3.

Fynd does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the Products proposed to be sold or offered to be sold or purchased on the Platform. Fynd does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Platform. Fynd accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

4.

Fynd is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Fynd cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Fynd shall, as long as it is possible, only endeavour to mediate or resolve any dispute or disagreement between Buyers and Sellers, but shall take not take complete responsibility of either party’s defence.

5.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that you transact with, on the Platform.

6.

Fynd does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) to any of its Users. You are advised to independently verify the bonafides of any particular Seller that You choose to deal with on the Platform and use Your best judgment in that regard.

7.

Fynd does not, at any point of time, during any transaction between Buyer and Seller on the Platform, come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the Products offered by Seller(s) to Buyer(s).

8.

At no time shall Fynd hold any right, title or interest over the Products, nor shall Fynd have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Fynd is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Products which are out of stock, unavailable or back ordered.

9.

The Platform is only a platform that can be utilized by Sellers to reach a larger base to sell their Products. Fynd 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 between the Seller and the Buyer. At no time shall Fynd hold any right, title or interest over the products nor shall Fynd have any obligations or liabilities in respect of such contract.

1.

Contract Of Sale

1.1

Listing and display of a Products on Platform by the Seller(s) of such Products is their invitation to you to make an offer for purchase of their Products. Likewise, the placement of an order on Platform by you is your offer to buy the Product(s) from the Seller.

1.2

Once you have placed an order on the Platform for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that the Seller has received your order and does not signify the Seller’s acceptance of your offer.

1.3

You can also login with your credentials to check the status of your order in the My Orders section on the Platform. Once you open the page, you can get details regarding the order status of individual products in your order. We keep the status information of your order updated every few hours and endeavor to notify you in case of delays.

1.4

An offer shall be deemed to be accepted only when Product(s) ordered by you has been shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you mentioning the same (the “Shipment Confirmation”). The Seller(s) reserves the right, at his sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

1.5

If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and the respective Seller(s) for the Product(s) specified in that Shipment Confirmation.

1.6

Any communication that a Seller may initiate for you, shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platform and in the event there is a change, please reach out for help at care@gofynd.com or by using the ‘Chat with Us’ option on the Platform. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

2.

Return and Refund

3.

Product Pricing

3.1

Transactions, transaction price and all commercial terms such as delivery, dispatch of Products are as per principal-to-principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Fynd liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products listed on the Platform.

3.2

You have specifically authorized Fynd through its third party service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through Cash on Delivery (“Payment facility”) from you in respect of transactions through designated Payment Facility. Your relationship with Fynd is on a principal-to-principal basis and by accepting these Terms of Use you agree that Fynd is an independent contractor for all purposes, and does not have control of or liability for the products that are listed on Platform that are paid for using the Payment Facility. Fynd does not guarantee the identity of any Seller nor does it ensure that a Seller will complete a transaction.

3.3

You understand, accept and agree that the Payment Facility provided by Fynd is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and debit/credit card payment gateway networks. Further, by providing Payment Facility, Fynd is neither acting as trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction Price.

3.4

Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by Seller may be incorrectly reflected and in such an event Seller may cancel your order(s).

3.5

Notwithstanding its reasonable efforts in that behalf, Fynd cannot take responsibility or control the information provided by Sellers which is made available on the Platform. You may find a Seller’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

4.

Payment Facility For Buyers

4.1

You, as a Buyer, understand that upon initiating a transaction, You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the transaction price through your Issuing Bank i.e. Buyer’s banking company, to the Seller using Payment Facility.

4.2

You, as a Buyer, shall be entitled to claim a refund of the transaction price (as your sole and exclusive remedy) in case you do not receive the delivery within the time period agreed in the transaction. In case you do not raise a refund claim using Platform features within the stipulated time than this would make you ineligible for a refund.

4.3

Fynd reserves the right to impose limits on the number of transactions or transaction price which Fynd may receive from on an individual valid credit/debit card / valid bank account or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.

4.4

Fynd reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Fynd or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

4.5

The Buyer and Seller acknowledge that Fynd will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction Price which is beyond control of Fynd.

Buyer's arrangement with Issuing Bank:

4.6

All valid credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

4.7

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such online bank transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

5.

Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

6.

Indemnity

You release and indemnify Fynd and/or any of its officers, affiliates and representatives from any cost, damage, liability or other consequence of any of the actions of the Sellers of the Platform and specifically waive any claims that you may have in this behalf under any applicable law.

7.

Limitation Of Liability

In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any personal or business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

8.

Amendments

We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). 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.

9.

Force Majeure

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

10.

Waiver

No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

11.

Governing Law And Dispute Resolution

These Terms of Sale, all transactions consummated between you and Seller(s) through the Platform, and the relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.

12.

Miscellaneous

These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us or Seller(s), for purchase of Product(s) by you.

Last updated on: 12th June, 2023