Terms of Service
Last updated on March 06, 2026
Welcome to Fynd Partner!
The website https://partners.fynd.com/ ("Website") including related mobile site, if any (collectively called "Platform") is owned and operated by Shopsense Retail Technologies Limited ( “we”, “us”, “our” or “Company”), a company incorporated under the Companies Act, 1956.
The terms and conditions as set out hereinbelow (“Terms”) constitute a legally binding agreement between the Company and any natural or legal person (including any legal heirs, administrators or successors) who accesses, uses and/or offer services using the Platform (referred to as “Partner”/ “you” / “your”).
By using or accessing the Platform, you agree to be bound by these Terms, together with all applicable policies published on the Platform from time to time (collectively called “Platform Policies”) along with any schedule(s), addendum(s), annexures(s), Statement of Work(s) (SOW), Standard Operating Process(es) (SOP) or any other written document, as may be executed and amended from time to time, which shall constitute your binding obligations and agreement, with us (hereinafter “Agreement”).
If you do not agree with any of these Terms and/or Platform Policies, you must not access or use the Platform. If you have any questions about these Terms, please contact us at partner-support@fyndplatform.com for assistance. These Terms govern your access and use of the Platform, and apply to all transactions, services, and/or dealings between you and the Company in connection with the Platform.
By accepting this Agreement, you represent and warrant that you are 18 (Eighteen) years of age or above and have the legal capacity to enter and comply with this Agreement. If you are accessing or using the Platform under the age of 18 (eighteen) years, you may do so only under the supervision of a parent or legal guardian who has reviewed and agreed to these Terms on your behalf. We reserve the right to suspend or deactivate any account used by a person under 18 (eighteen) years of age without appropriate supervision. Further, if you are using the Platform on behalf of a company or organisation, you represent and warrant that you have authority to act and bind such an entity, and that such entity agrees to be bound by these Terms.
This document is an electronic record in accordance with the Information Technology Act, 2000 and the rules made thereunder, as amended from time to time. It is generated by a computer system and does not require any physical or digital signatures and is published in compliance with Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011.
Company and Partner are hereinafter individually referred to as “Party” and collectively as “Parties”.
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GENERAL
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The Company also owns and operates an omnichannel e-commerce and technology platform available at www.fynd.com, including its related mobile site, applications, software interfaces, APIs, dashboards, tools, and associated infrastructure (“Fynd Platform”).
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Fynd Platform enables brands, clients, retailers, and merchants (each referred to as a “Seller”) to build, launch, manage, and operate their online as well as in-store commerce operations, including development of e-commerce websites, mobile storefronts, marketplace integrations, providing order management systems, inventory management systems, integration payment partners, logistics, and other commerce enablement solutions (each a “Seller’s Sales Channel”).
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Partners may, subject to the applicable Partner category and the terms of this Agreement, offer Partner Services to Sellers.
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SCOPE & APPLICABILITY
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These Terms shall apply to all categories of partners, including but not limited to:
- Reseller Partner;
- Referral Partner;
- Implementation Partner;
- Technology Development Partner;
- Any other partnership arrangement (each referred to individually and collectively as a “Partner”).
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These Terms also governs your access to and use of the Platform for the purpose of offering products and/or services to the Company and/or to the Sellers listed on Fynd Platform.
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Depending on the applicable category, a Partner may:
- offer, sell, resell, market, implement, or support the Company’s products and/or services;
- provide referral services to the Company;
- develop extensions, applications, themes, integrations, interfaces, plug-ins, or ancillary services for the Sellers;
- provide technology development or other agreed services; and/or
- such other services as may be requested by the Company (collectively referred to as “Partner Services”).
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You acknowledge and agree that you will access and use the Platform solely for the purpose of providing Partner Services.
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You further acknowledge that certain Partner Services may be reviewed, approved, integrated, hosted, listed, or otherwise made available on Fynd Platform by the Company, subject to the terms of this Agreement.
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MODIFICATIONS
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Every time you wish to use the Platform, please check these Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and/or the content of the Platform or temporarily suspend the operation(s) of the Platform for support or maintenance work. We may be required to make changes that materially adversely affect your use of the Service(s) or your rights under these Terms at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict your services, products or activities that we deem unsafe, inappropriate, or offensive.
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Where any change materially and adversely affects your rights, we will provide reasonable prior notice through the Platform or via email. Any such changes shall apply prospectively and shall not materially impact the your then-current subscription term unless required to comply with applicable law, regulatory requirements, security considerations, or to prevent fraud or abuse. Continued use of the Services after the effective date of the updated Terms shall constitute acceptance of the revised Terms.
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We may suspend to avail Partner’s Services immediately where required due to (a) legal or regulatory requirements, (b) security threats, fraud, or abuse, or (c) non-payment of fees. For all other material breaches, Company shall provide written notice describing the breach and allow a cure period of fifteen (15) days before suspending or terminating the Partner’s Services.
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ACCOUNT REGISTRATION
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You agree that your access to and use of the Platform, including registration and creation of an Account, is solely for the purpose of rendering the Partner’s Service. You shall not use the Platform for any other purpose other than as permitted under these Terms.
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Registration on the Platform is a one-time process and is currently provided free of charge. To create an account, you may be required to provide certain information, including your name, contact details, a valid email address, and any other information as may be requested from time to time. Upon successful submission, login credentials will be created or provided to you (“Account”).
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An Account may be created through one of the following methods:
- Direct Sign-up: By registering directly on the Platform using the information requested, following which an Account with unique login credentials will be created; or
- Third Party Login: By using the login credentials of a third-party account maintained (illustratively, Google), in which case you shall also be subject to the applicable third-party terms and conditions. Company shall not be responsible for any unauthorised access, fraud, or misuse arising from such third party login.
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Company reserves the right, to accept or to reject any Account registration request, or to suspend or deactivate an existing Account, in accordance with these Terms, subject to prior notice, wherever deemed possible.
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You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform without the express written permission of the Company.
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You agree not to work around, bypass, or circumvent any of the technical limitations of the Platform, including using any tool to enable features or functionalities that are otherwise disabled on the Platform, or decompile, disassemble or otherwise reverse engineer the Platform or to access the Platform or monitor any material information from the Platform using any robot, spider, scraper, or other automated means.
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COMMUNICATION AND UNSUBSCRIPTION
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By accessing or using the Platform and upon creating an Account on the Platform, you consent to receive communications from the Company and its authorised representatives via email, SMS, calls or other electronic or digital means. Such communications may include service-related updates, product information, announcements, and promotional or campaign-related messages. You acknowledge that such communications may be sent even if your contact details are registered under the Do Not Disturb (DND) or National Customer Preference Register (NCPR), in accordance with applicable telecom regulations.
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The effectiveness, clarity, and timeliness of communications are influenced by multiple factors. The Company assumes no responsibility for non-delivery, delayed delivery, or any distortion of communication in any manner whatsoever.
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You can opt-out from receiving promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting us at partners-support@fyndplatform.com. Service-related or transactional communications may continue as permitted under applicable law.
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PARTNER’S OBLIGATIONS
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You agree to provide true, current and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so by the Company.
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You agree that you shall be solely responsible for the Partner’s Services to the Company as well as the Sellers (where provided) respectively.
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You may not use the Platform for any illegal or unauthorized purpose nor may you, in the process of providing any Partner Service do any act that violates any applicable laws. You ensure that you will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to offer Partner Services) in provision of Partner’s Service.
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While rendering the Partner’s Service to the Seller, you agree and acknowledge that the Company shall merely act as an online intermediary. You further acknowledge that you and the Seller shall enter into an independent agreement, which shall govern the terms of services between you and the Seller.
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You ensure to provide Partner’s Service in compliance with all applicable laws, regulations, and industry standards, including those relating to consumer protection, data protection, taxation, trade, advertising, intellectual property, and export controls. You are responsible for obtaining and maintaining any licences, approvals, or authorisations required for your activities.
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You shall not:
- Use the Platform or our brand name for any unlawful, fraudulent, or unauthorised purpose;
- Engage in activities that may harm, disrupt, or impair the Platform or Company’s business, reputation, or goodwill;
- Manipulate pricing, engage in unfair trade practices, or misrepresent offerings;
- Upload malware, bypass security measures, probe vulnerabilities, or otherwise interfere with platform operations.
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You agree to indemnify the Company for any and all losses suffered by the Company due to your misuse of the Platform or deficiency in providing Partner’s Service.
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You shall respect the intellectual property rights of others and you represent and warrant that:
- Your acceptance and performance of these Terms does not conflict with any other agreement or obligation binding on you;
- You have obtained all necessary consents and authorisations; and
- No legal proceedings exist that would prevent you from complying with these Terms.
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You represent and warrant that you are not subject to any sanctions or restricted party lists and that your provision of the Partner’s Service complies with applicable trade, export control, and sanctions laws.
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In case where both Parties wishes to integrate respective platforms using Application Programming Interfaces (APIs) /Software Development Kits (SDKs), Parties confirm that, they shall inform other in case of any update(s)/modification(s) made in respective APIs/SDKs and hereby further confirm that:
- there are no copyright claims with respect to any open source codes used in respective Party’s API/SDK;
- Party does not and shall not use any API/SDK apart from those explicitly specified by other Party in writing; and
- any data generated from API/SDK’s shall not be transferred to any third party, without prior consent of the other Party.
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In case where Partner’s Services includes extensions, themes, application and/or interfaces etc, to be integrated with Seller’s Sales Channel, Partner shall ensure that such extensions, themes, application and/or interfaces are safe & secure through-out all its phases, including but not limited to design, development, testing, deployment, installation and all stages of its operations and are free from any known web/ application/ operating system or any other related technical vulnerabilities. In case of any newly discovered technical vulnerability, affecting the Partner Services , Partner shall ensure that same is duly informed to the Company, immediately in case critical and within 24 (twenty four) working hours of first discovery of said vulnerability in all other cases.
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FEES AND PAYMENT
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Fees shall be as provided and agreed in the executed document between Parties.
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All fees shall be exclusive of any applicable statutory taxes, levies, fees or charges, imposed by the government as per the applicable law, now in force or enacted in future.
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Any foreign exchange (Forex) transaction fee incurred by the Company, in relation to the payments made under this Agreement shall be borne solely by the Partner. This includes but is not limited to any currency conversion charges, bank fees, or other financial charges associated with transferring funds across different currencies.
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The Partner shall ensure that in case of invoice raised by the Company, it must be paid in full without any deductions of any Forex transaction fees, and any levy of such fees shall not be considered as a valid reason for any delay or non-payment of any invoice by the Partner.
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You acknowledge and confirm that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of the Company.
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TAX COMPLIANCE
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Each party will be responsible for identifying, paying, and reporting to the relevant authorities all taxes and other governmental fees and charges (and any penalties, interest, and other charges) that are imposed on that party or otherwise required under applicable laws. A party will pay applicable national, state or local sales or use taxes or value added taxes that the other party is legally obligated to charge (“Taxes”), provided that such Taxes are stated on the original invoice separately and meet the requirements for a valid tax invoice.
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Partner shall pay the TDS on Fees as applicable, to the government on behalf of the Company & certificate for the same will be shared periodically (within 45 days from the end of every quarter) to the Company, for reimbursement of the same.
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Goods and Service Tax (GST)
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You agree that, in case if the GST regime applies to you, then you shall require registration in accordance with the applicable statute and to remain compliant at all times with such statute. You agree to share the registration number, GST certificate or other unique ID/ number and GST registered address, with the Company, whenever demanded, in order to ensure compliance.
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For the purposes of this Agreement, GST shall include the Central Goods and Services Tax (“CGST”), the State Goods and Services Tax (“SGST”) / Union Territories Goods and Service Tax (“UTGST”) and/or the Integrated Goods, Services Tax (“IGST”) and GST Compensation Cess (“Cess”) as may be applicable.
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Company shall remit the GST so charged (as applicable) from the Partner, subject to a valid invoice / debit note, to the appropriate government authority and file GST returns as prescribed, within the statutory timelines, mentioning all appropriate and relevant information including GST registration as provided to Company by you on the Platform, which enables the Partner to claim timely credit of GST in the appropriate GST registration.
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In the event the credit of GST is not granted or denied to the Partner under its appropriate GST registration, which has been provided to the Company, under applicable laws for non-payment of taxes charged to the Partner, then the Partner shall inform about such incorrect submission to the Company within the statutory timelines and the Company shall rectify the said non-compliances/errors to ensure that the Partner gets the credit in the subsequent month. In case of failure to notify such irregularities by the Partner to the Company, within the statutory timelines, then the Company shall not be responsible for any such non-credit of GST.
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If the Partner has already paid the fees and there is a decrease in any such fees on account of valid discount as agreed or any other reason, then the Company will issue to the Partner, a credit note for the differential amount. The credit note should be issued in accordance with applicable law. The Partner shall, upon receipt of credit note, ensure to reverse the GST credit to the extent of GST shown in the mutually agreed credit notes issued by the Company in his valid return.
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If there is an increase in the fees due to provision of additional deliverables and/or services, then Company will issue to the Partner a debit note for the differential amount. The debit note should be issued in accordance with applicable law.
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Tax Proceedings. The Partner shall undertake the responsibility for the periodic filing of taxes to the statutory tax departments as mandated under the applicable law, from time to time. The Partner agrees that in the event any enquiry, scrutiny, audit, assessment or any other tax proceedings are initiated against the Company in respect to this Agreement, the Partner shall fully support and cooperate each other by furnishing the relevant information and documents, related to the supplies provided under this Agreement, on a timely manner as may be required by Company.
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Change of Law. As and when there is any change in the GST and Income Tax rules, acts, regulations on input credit, Company shall update the relevant clause of this Terms on the Platform for your update and notice.
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Export Transactions/Sales: In case of Service(s) being availed in jurisdiction outside India, the Service(s) shall be classified as “Zero-Rated” Service(s), as stipulated under section 16(1) of the Integrated Goods and Service Tax Act 2017. This categorization implies that when a Seller avails the Service(s) in jurisdiction outside India, the Company is not liable to pay any taxes for it.
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TERM
The Term of this Agreement shall commence on the earlier of (i) the date of completion of Account registration on the Platform, or (ii) the effective date of Order Form/SOW or any other written document executed between both Parties, and shall continue in effect unless terminated in accordance with applicable termination provisions of this Agreement.
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BREACH AND TERMINATION
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Either Party can terminate this Agreement: (a) for convenience by providing 30 days’ written notice; (b) immediately upon written notice if the other Party is in material breach of these Terms and fails to cure within seven days of a written cure notice; or (c) immediately upon written notice in order to comply with the law or requests of governmental entities.
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In case of termination of Partner’s Service for any of the reasons, Company and its personnel shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims that may occur to you or to any third party.
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Consequences of Termination. Upon such termination of the Agreement:
- Company shall revoke your access to the Account;
- Parties shall cease to use and return or destroy any/all intellectual property, Confidential Information (if any) of other Party;
- Any outstanding fees must settle immediately within 15 (fifteen) business days from the date of termination; and
- Parties shall endeavour to perform respective obligations up to the date of termination in business-like manner.
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INTELLECTUAL PROPERTY RIGHTS
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Each Party shall, solely and exclusively own worldwide, in perpetuity, including renewal and extension periods, their respective intellectual property and nothing in these Terms shall be construed as conferring ownership of the Intellectual Property rights to other Party in any manner whatsoever.
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This Agreement does not transfer any interest in Intellectual Property Rights. All Intellectual Property Rights subsisting in any materials provided by either Party to the other shall remain the sole property of the Party providing such Intellectual Property Rights.
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CONFIDENTIALITY
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During the Term, a Party (“Receiving Party”) may receive or have access to certain Confidential Information belonging and/or relating to the other Party and its affiliates (“Disclosing Party”).
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The Receiving Party shall keep Confidential Information of the Disclosing Party in confidence. The Receiving Party shall use commercial reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of Disclosing Party’s Confidential Information from public disclosure, and the Receiving Party shall, at all times, maintain appropriate measures to protect the security and integrity of the Disclosing Party’s Confidential Information. The Receiving Party shall not, without the Disclosing Party’s prior written consent, divulge any of its Confidential Information to any third-party other than the Receiving Party’s officers, employees, agents, affiliates or representatives who have a need to know for the purposes of these Terms, ensuring that they comply with same level of obligation in maintaining the Confidentiality as per these Terms.
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Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the Receiving Party with respect to any portion of Confidential Information which:
- Was at the time received or which thereafter becomes, through no act or failure on the part of the Receiving Party, generally known or available to the public;
- Is at the time of receipt, known to the Receiving Party as evidenced by written documentation then rightfully in the possession of either Party;
- Was already acquired by the Receiving Party from a third-party who does not thereby breach an obligation of confidentiality to the Disclosing Party and who discloses it to the Receiving Party in good faith;
- Is developed by the Receiving Party without use of the Disclosing Party’s Confidential Information in such development; and
- Has been disclosed pursuant to the requirements of applicable Law, any governmental authority, provided however, that the Disclosing Party shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
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Neither Party shall disclose these Terms to any other person without the consent of the other Party.
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The Parties acknowledge and understand that any disclosure or misappropriation of any of the Confidential Information in violation of these Terms, may cause irreparable harm to the non-disclosing Party, the amount of which may be difficult to ascertain. Without prejudice to any other rights available to the disclosing Party under these Terms or otherwise, Disclosing Party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as such non-disclosing Party shall deem appropriate. To clarify, such right shall be in addition to the remedies otherwise available to a Party, at law or in equity.
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These Terms shall not restrict the Receiving Party from complying with any legal requirement to disclose Confidential Information, provided that the Receiving Party shall to the extent that it is not prohibited from doing so by applicable law, promptly notify the Disclosing Party of such legal requirement so that the Disclosing Party may seek to quash such order and to obtain a protective order requiring that the relevant Confidential Information be held in confidence by such court or agency or, if disclosed, be used only for the purposes for which the order was issued. The Receiving Party shall cooperate fully with the Disclosing Party in any such proceeding.
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Destruction. On termination or expiry of this Agreement, Partner shall:
- destroy or return to the Company all documents and materials (and any copies) containing, reflecting, incorporating or based on the other Company and/or Seller Confidential Information;
- erase all the Confidential Information from computer and communications systems and devices used by it, including such systems and data storage services provided by third Parties (to the extent technically and legally practicable); and
- certify in writing to the Company that it has complied with the requirements of this Clause, provided that a recipient Party may retain documents and materials containing, reflecting, incorporating or based on the other Party's Confidential Information to the extent required by law or any applicable governmental or regulatory authority. The provisions of this Clause shall continue to apply to any such documents and materials retained by a recipient Party, including as per and subject to this clause.
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DATA PROTECTION
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Both Parties shall comply with all reasonable care with respect to protecting personal data that each Party may receive in connection with its performance of these Terms. Both Parties shall implement adequate security measures to protect personal data commensurate with such measures that such Party has in place to protect personal data of its own employees, customers and Sellers, not disclosing such personal data to any third-party and complying with all applicable data privacy laws.
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Partner shall be solely responsible for ensuring that all data that is made available, collected, gathered, stored in the process offering Partner Services, remains protected and that any collection, storage and/or transmission of such data complies with all applicable rules, regulations, and laws, including, but not limited to privacy laws, and shall immediately notify Company in writing of any violation hereof. Partner shall implement reasonable technical, administrative and physical procedures to protect data from unauthorized use, alteration, disclosure, distribution, or access. Partner shall ensure that upon uninstallation of Partner Service by any Seller, all the data collected herein shall be deleted and informed to the Company, in writing.
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PARTNER OBLIGATIONS
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Partner shall use the said data only for fulfilling its obligations as per these Terms. Partner shall also keep Company fully protected and indemnified in case of any liability, claims etc. arising due to data misuse, leakage etc. Company reserves the right to terminate with immediate effect in case of any misuse of data provided as per these Terms.
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Partner shall not sub-contract or outsource the processing of data under these Terms, to any other person or entity unless and until the Partner:
- has notified Company and/or sought permission from the Seller of the identity of such third-party processor and provided a description of the intended processing to be sub-contracted or outsourced to that third party processor; and
- has imposed terms no less onerous than those contained in these Terms on such third-party processor.
- Partner acknowledges and agrees that it shall remain liable to Company and the Seller, severally, for any breach by it of these Terms as a result of an act or omission of any third-party processor appointed by it.
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Each Party shall promptly notify the other Party of any information security breaches or incidents that could impact the performance of either Party’s obligations under these Terms. The Parties shall jointly determine the corrective action required to be taken in connection with such information security breach or incident.
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Any breach of conditions with regard to this clause by the Partner shall be deemed to be a material breach of these Terms and Company retains the right to forthwith terminate the Partner’s access of the Platform.
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INDEMNIFICATION AND LIMITATION OF LIABILITY
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Parties agree to indemnify, defend and hold harmless other, and its 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 (a) access to or use of the Platform or provision of Partner’s Services; (b) violation or breach of the Agreement; (c) any acts of fraud, negligence or intentional misconduct; (d) infringement of intellectual property; and (e) breach of applicable law.
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Indirect losses: In no event will either Party be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), whether based on warranty, contract, tort, or any other legal theory and whether or not the other Party was advised of the possibility of such damages.
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To the maximum extent permitted under applicable law, either Party’s aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total Fees actually paid during the twelve (12) months immediately preceding the event giving rise to the claim.
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The Company shall not be liable for any non-compliance with laws, regulations, or requirements of any jurisdiction outside India.
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APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to the dispute resolution provisions set out herein, the courts of Mumbai, India shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms.
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DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
The Parties shall use reasonable efforts to resolve any dispute, controversy, or claim arising out of or in connection with these Terms ( “Dispute”) through good-faith discussions within fifteen (15) days from the date such Dispute arises. If the Dispute is not resolved within such period, it shall be referred to and finally resolved by arbitration conducted by a sole arbitrator jointly appointed by the Parties. The arbitration may be conducted through electronic or virtual means, including video conferencing or other information and communication technology. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai, India, and the arbitration proceedings shall be conducted in the English language. The arbitral award shall be final and binding on the Parties and may include costs, including reasonable legal fees and expenses.
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BETA SERVICES
From time to time, Company may, at its discretion, invite you to access and use pre-release or beta features that are under development and not generally available (“Beta Services”). Beta Services are provided on a trial basis, and may be subject to additional terms provided prior to use. All Beta Services, and any related discussions, feedback, or materials, shall be treated as Confidential Information and governed by the confidentiality provisions of this Agreement. You shall not disclose your participation in Beta Services or make any public statements regarding such participation without Fynd’s prior written consent. Beta Services are provided on an “as is” basis, without warranties of any kind. Company makes no representations regarding functionality, availability, or performance, and may modify, suspend, or discontinue Beta Services at any time. Company shall have no liability for any harm, loss, or damage arising from or in connection with Beta Services, and Company may choose not to release a final or commercial version of any Beta Service.
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ANTI BRIBERY AND ANTI CORRUPTION POLICY
Both Parties shall conduct their dealings ethically and in compliance with all applicable anti-bribery and anti-corruption laws. Neither Party shall offer, give, solicit, or accept any improper payment, gift, or advantage in connection with this Agreement. Any violation may result in immediate termination of this Agreement, and you agree to cooperate fully with the Company in investigating any suspected unethical or unlawful conduct by you or your employees, agents, or representatives.
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ANTI MONEY LAUNDERING (AML)
Both Parties shall at all times, ensure compliance of law and complete all KYC/AML requirements for the performance of its obligations under this Agreement. Any violations by the Partner will be viewed in a serious manner and Company reserves the right to take all appropriate actions or remedies as may be required under the circumstances. Both Parties shall provide all possible assistance to the other Party, in order to investigate any possible instances of anti-money laundering.
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FORCE MAJEURE
Neither Party shall 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 the reasonable control of the Party.
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WAIVER
No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us 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.
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SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms 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 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.
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NON-EXCLUSIVITY
Both the Parties agree that these Terms are accepted by both the Parties on a non-exclusive basis and that both Parties shall be free to engage any third-party as its client/service provider to procure/provide similar or identical services.
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MISCELLANEOUS
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Your relationship with the Company is on a principal-to-principal basis and by accepting these Terms, you agree that the Company is an independent contractor for all purposes and does not have control of or liability for the Partner Services. The Company does not guarantee the identity of any Seller, nor does it ensure that a Seller will complete a transaction.
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All provisions in the Agreement that expressly or customarily survive the termination or expiration of the Agreement will continue in effect after the Agreement is terminated or expires.
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CUSTOMER CARE SUPPORT:
In accordance with the applicable law, any concern, feedback 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 customer support personnel at the below mentioned coordinates:
Shopsense Retail Technologies Limited
1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B,
Ajit Nagar, Kondivita, Andheri East, Mumbai 400093
Email: partner-support@fyndplatform.com -
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 Service(s) being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate:
Name: Ms Sana Kazi
Designation: Grievance Officer
Email Address: grievance@gofynd.com -
NODAL OFFICER
Name: Mr Abhimanyu Mallik
Designation: Nodal Officer
Email Address: compliance@gofynd.com