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Fynd Platform Terms of Service

FYND SERVICES​

Thank you for visiting the Fynd Platform. Our services are operated under Shopsense Retail Technologies Pvt. Ltd. located at A303, Neelam Center, B-Hind Cycle Road, Worli, Mumbai 400030.

On all our services, the terms 'we' 'us', 'service/s' and 'our' refer to Fynd Platform. Fynd Platform offers these services, including all information and tools available from Fynd Platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By using our services/purchasing something from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service', 'Terms'), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of our service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully while accessing or using our services. By accessing or using any part of our service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this section. It is your responsibility to check this page periodically for changes. Your continued use of or access to our services following the posting of any changes constitutes acceptance of those changes.

USING OUR SERVICE​

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our services.

You are prohibited from using the services or its content: (a) for any unlawful purpose (b) to solicit others to perform or participate in any unlawful acts (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (f) to submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any service (h) to collect or track the personal information of others (i) to spam, phish, pharm, pretext, spider, crawl, or scrape (j) for any obscene or immoral purpose or (k) to interfere with or circumvent the security features of our service or any related services. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

A breach or violation of any of the terms will result in an immediate termination of our services to you and may also lead to legal proceedings for which Fynd Platform will not be considered liable.

GENERAL CONDITIONS​

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment related information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION​

At Fynd Platform, we try our best to provide you with the most updated, correct and complete information but we are not responsible if information made available on our services is not accurate, complete or current. Fynd Platform will not be responsible for any kind of loss incurred by you due to reliance on the information provided by our service.

MODIFICATIONS TO THE SERVICE AND PRICES​

Prices for products listed by our service are dependent on the price variations at the physical stores of the brand and hence are subject to change without notice.

We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

PRODUCTS OR SERVICES​

Certain products or services may be available exclusively online through Fynd Platform.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that display of any color on your digital platform will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on Fynd Platform is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION​

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

THIRD-PARTY SERVICES​

You acknowledge and agree that we provide access to such services 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

We may also, in the future, offer new services and/or features. Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our service may include materials from third-parties.

Third-party links on our service may direct you to third-party services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party services/ websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

PERSONAL INFORMATION​

Your submission of personal information through the store is governed by our Privacy Policy. By signing up you will be authorising us to send you alerts through SMS, Facebook notifications and emails about latest offers and transactions.

ERRORS, INACCURACIES AND OMISSIONS​

Occasionally there may be information on our service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related service is inaccurate at any time without prior notice including after you have submitted your order.

We undertake no obligation to update, amend or clarify information on our services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service should be taken to indicate that all information on our services has been modified or updated.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY​

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fynd Platform, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

CONTACT INFORMATION​

Questions about the Terms of Service should be sent to us at legal@gofynd.com.