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Terms and Conditions

Welcome to Flyppd, operated by Flyppd Digital Trade Solutions. (the "Company" or "Flyppd").

By accessing the Flyppd application or its website found at www.Flyppd.com, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you create a Flyppd account. If you wish to create a Flyppd account and make use of the Service, please read these Terms of Use. We reiterate that by subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology Rules, 2011 formulated under the Information Technology Act of 2000.

You should also read the Flyppd’s Privacy Policy, which is incorporated by reference into this Agreement and available in the Service. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Flyppd Privacy Policy, do not use the Service. Please contact us with any questions regarding this Agreement.

1. Acceptance of Terms of Use Agreement.

  1. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement includes the Company’s (i) Privacy Policy, (ii) our Safety Tips and (iii) terms disclosed and agreed to by you if you purchase or accept additional features, products or services we offer on the Service, such as terms governing features, billing, free trials, discounts and promotions.
  2. By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company in the Service. The Company will not notify the changes by way of any individual communication other than posting the revised terms on its website.
  3. 2. Eligibility

    You must be at least 18 years of age to access and use the Service. By agreeing to these Services, 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 this site. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of India, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

    3. Creating an Account

    In order to use services offered by Flyppd, you must sign in using your email account. When you sign up to Flyppd you agree that we can begin to target your social media interactions for our poll features. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy

    4. Location

    You consent Flyppd, through the Application, to get your geolocation data through your mobile device in order to record and publish information on your position. In addition you hereby consent that Flyppd will and can collect your telephone number, and the IMEI and serial number of your device in order to obtain proof of your identity. You also consent to all potential uses of ads, including the uploaded photo or image as well as any other data (including name and location), by Flyppd for advertising purposes, including social media, newsletters and ads for any media, free of charge. The registration and publication of this information may be revoked by the user at any time through your mobile device privacy settings but it may affect the possibility of being a USER of the services offered by Flyppd.

    If you download our mobile application or sign up as an user with us , we may collect information from your mobile device, such as the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

    5. Counterfeit & Infringement Policy

    Flyppd lists products new and used apparel (including but not limited to clothing, shoes, handbags, and accessories) on behalf of the original product owner. You are prohibited to list, sell or indulge in any of the following on FLYPPD - illegal, stolen, designer knockoffs items, counterfeit, inauthentic, illegally obtained or any product which infringes the intellectual property rights of any person or company.

    Disclaimer - We own the images of products appearing under Flyppd. If you feel that any image/product used on Flyppd is a violation of copyright of a person/company/brand, please write to us at support@Flyppd.com and we will investigate the matter and take it down in 24 hours.

    6. Term and Termination.

    This Agreement will remain in full force and effect while you use the Service and/or have a Flyppd account. You may disable your account at any time, for any reason, by deleting or sending us an email to discontinue the Service or by simply deleting your registered account. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

    7. Non-commercial Use by Users.

    The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.

    8. Account Security.

    You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security to support@Flyppd.com and ensure that you logout from your account at the end of each session.

    9. Accuracy, Completeness and Timeliness of Information.

    We are not responsible if information made available on this site is not accurate, complete or current. Flyppd is a reseller on behalf of the original product owner, we are in no manner legally or otherwise to be answerable/ responsible to any brands we are showcasing for sale on the portal. The seller does agree to take complete responsibility for and incase of any legal infringement/ objections by the brands/ designers for the products we list under their user id. The material on this site is provided for general information with the purpose of sale only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

    10. Proprietary Rights.

    The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

    Sellers term of Use –Eligible and Ineligible Activities

    Sellers may send us all kinds of pre-owned clothing, refer to our seller guide.

    Sellers are prohibited to make use of FLYPPD.com for the following activities:

    • Selling illegal, stolen, counterfeit or designer knockoffs (items that are fakes, inauthentic, stolen, illegally obtained or not manufactured by the designer whose name, logo, trademark, or design is represented in or on the item);
    • Using any information obtained from the website in order to contact, advertise, solicit, or sell to any other user without prior explicit consent;
    • Engaging in any automated use of the systems, such as using scripts to add friends or send comments or messages;

    Sellers compliance

    By agreeing to send your item for sale on FLYPPD you warrant that you shall comply with our policies published from time to time. You also warrant that you are the owner to legally sell the item.

    Binding Sale

    All sales are binding. Once the item has been approved & uploaded on KIABZA on receiving seller’s consent, the sellers cannot then demand that they wish to retract the offer and rescind the offer to sell.

    Terms of Sale

    The Seller will ensure that the products are insured from all risks of fire, accidental damage or breakage, any acts of nature resulting or any damage to the products until the products are delivered to us at the contracted shipping address. The Seller retains all risk of loss or damage to the Property while the Property is in transit.

    (1). Acceptance of product, condition of product and authentication.

    FLYPPD only accepts items of a certain standard i.e. reasonably good to excellent condition. Upon receipt, we evaluate the product to determine its condition authenticity and quality. The Seller attests to the authenticity of all agreed upon items and confirms that they have not knowingly attempted to resell counterfeit products to us. Products deemed to be counterfeits will be returned to the Seller with the charges of authentication, shipping costs and also it will terminate the contract between the Seller and us. Items that do not meet our authenticity or quality standards. The Seller will, be given the option to donate the non-approved products to one of our charity partners.

    Reasons for not approving the products may be;

    • Fakes or Replicas.
    • Stained.
    • Unclean/unwashed/foul-smelling.
    • Brand profile is unmatched as per our approved brand list.
    • Visible Wear.
    • Exceeds age guidelines, (We disapprove clothing's older that 3 Years).
    • Defective/Damaged.
    • Altered in any way.
    • Authenticity is not verifiable or is unclear.
    • Discoloration.
    • Loss of Shape.
    • Innerwear

    (2). Selling & Pricing

    Upon acceptance of the Product, we display and make commercially reasonable efforts to sell the Product at the agreed Prices. Extensive efforts are put to sell the product like Quality Checks, Photo Shoots, Hygiene process and media advertisements. We strive to list as many of Sellers clothes as possible provided it meets its overall quality standards. Therefore, we may try and rectify any minor stain defects in the clothes at its discretion through the sanitization process. However, in doing so, if the clothes get inadvertently/accidentally damaged in the process, we would not be held responsible.

    1. The Seller acknowledges and agrees that we will display all attributes of the sold product(s) in the manner it deems fit. The price of approved clothing is defined we and agreed to by the seller, FLYYPD reserves the right to retain the product for minimum 6 months from date of listing on the website and discount it as required up to 50% over the retention period. The Site reserves the right to run promotions on its website and by other means and to offer cash or trade discounts to its buyers/customers at its sole discretion. The Seller acknowledges and agrees that Products may be advertised, displayed and sold with items belonging to other Sellers. Incase of no sale within the the agreed retention period of the product, several efforts can be put for the products promotion, which may include reduction of price, if agreed to by the Seller. Flyppd is a reseller on behalf of the original product owner, we are in no manner legally or otherwise to be answerable to any brands we are showcasing for sale on the portal. The seller does agree to take complete responsibility for and incase of any legal infringement/ objections by the brands/ designers for the products we list under their user ids registered on our portal.

    The Seller acknowledges and agrees that the pricing of the product(s)will be set taking into consideration the product(s) approximate original price, its brand profile, its condition based on how it has been used & maintained, its fashion quotient, its seasonal application and its current market demand

    (3). Title of Property/Product.

    The Seller attests that they have the legal title to all the products sent by them to FLYPPD. Please note Shipment does not mean sale of the product. The Seller legally gives the rights to us to sell their product. The legal ownership of the product is transferred to us only on the day the product is accepted by the buyer of FLYPPD. The Seller is notified only after 7 working days of the receipt of goods by the buyer, this is the time allowed to the buyer to return the product. Please note that in case of no sale in the agreed Shipment period, FLYPPD may extend the period for a further period as agreed with the Seller or give an option to the Seller to either call back the product or donate the same.

    (4). Duration of Contract & Termination

    The Shipment period of a product is minimum 6 months from the date the product is listed on the website.  The same may be extended if its mutually acceptable to both the parties.

    (5) Flyppd will notify the Seller(After 7 Days) once his/her products are sold on your seller dashboard. You shall request the payout, which will reflect in your account, in the form of online money transfer to the bank account details provided by you on your seller dashboard. The payout amount cannot be withdrawn in Cash.

    (6) Taxes.

    Transfer of Product(s) for Sales may attract GST which will be paid as per statute

    12. BUYER TERMS OF PURCHASE:

    The Buyers have the option to register on our website and create their account by generating their passwords. By using this option, they would have the advantage to receive various information from us about our products according to their buying preferences. The Buyer can purchase our new/second hand/ designer sample merchandise such as clothing, and accessories of various luxury and high street brands from our listed products (collectively called, “Products "and/or “Items”). The Products can be purchased through our Website. We offer various methods of payments by the Buyers which includes Cash on Delivery (COD) or by Pre-payment before delivery by using Internet banking, Credit /Debit card & wallets facilities linked through our Payment Gateway partners. The sale/purchase of Products shall be additionally governed by specific policies such as cancellation, return& refund policy, privacy policy etc. (which are found on the URL http://www.FLYPPD.com), and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by other material or information which may be displayed on the webpage.

    1. The Buying Process.

    As a buyer you can select any item you wish to purchase and add it to your cart. Once its gets added to your cart you can check out immediately. You can pay by using your Credit/Debit card, wallet or Net banking by clicking on the link of any of our payment gateway partners. If you select a COD (Cash on delivery) method of payment, if applicable to your address pin code, the order will be placed but will not be confirmed immediately. You may first receive a confirmation call from our side seeking further details from you, if needed. However, if you prepay for the item your order would be confirmed immediately once payment is received by our payment gateway partners. On us receiving the payment, you shall receive an email and SMS confirmation from our side of the order placed by you. You are requested to quote the same order number for any future communications between us and we shall also do the same. Before opting for COD, Buyers are requested to check for COD availability for their location by entering their pin codes in the link provided on the website.

    2. Pricing of our products.

    Our prices are set taking into consideration the product(s) approximate original price, its brand profile, its condition based on how it has been used and maintained, its fashion quotient, its seasonal applications and its current market demand. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion. While we strive to provide accurate product and pricing information, an inadvertent mistake or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation.

    3. Cancellation by Us

    Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available, inaccuracies or errors in product(s) or pricing information, or any defect regarding the quality of the product(s) or any questions related to authentication. We may also require additional verification's or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card, wallets or Internet Banking has been charged, the said amount will be reversed back to you throough the same payment method as utilized by you. In-case of Cash on Delivery (COD), we hold the right to cancel the order if no verbal or written confirmation is made within 2 calendar days by us after your placing the order at the website.

    4.Cancellations by the User

    In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only till the order has not been shipped. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation. Frequent cancellations by any particular User opting COD basis of payment may compel us to bar/blacklist the said User from using the COD option of payment and our decision would stand final. Please refer to our Cancellation policy for further details.

    5.Fraudulent / Declined Transactions

    We may constantly monitor the user's account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. 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 account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction on Account of the Cardholder/Account holder exceeding their limits or facilities or arrangements with their banks.

    6.Credit /Debit Card Details

    You agree, understand and confirm that the credit/debit card & wallet details provided by you for availing of services on the site will be genuine and authentic and you shall not use the credit/debit card and/or wallet which are not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit/debit card details to our Payment gateway partners. Further you understand and acknowledge that the said information will not be stored or utilized by us in any way whatsoever. We will not be liable for any credit/debit cards, wallets or net banking related fraud. The liability for use of any Cards/Wallets/Net Banking fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

    7.Indemnity

    You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

    8.Invoicing & Taxation.

    The price of our merchandise displayed on the website is inclusive of GST. The GST charged would depend upon the destination where the order has to be shipped and the rate of Tax would depend on the GST tax rate of the item. We reserve the right to collect GST on shipping charges, if shipping charges are levied separately by us. We also reserve the right to claim from the Buyer any Entry levies/charges paid by us for delivering the order.

    9.Delivery

    We would strive to deliver the products to Users within 2-5 working days from the day of close of sale depending upon the shipping location. However, the exact delivery status would depend on the user’s location. The delivery time to Users is subject to the Logistic infrastructure at their location. Other factors include delay in delivery through the courier partner, transporters ’strike etc. We would require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation, and transfer of responsibility in the same way. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process. There would be a declaration on the delivery document that you are buying the goods for your own use and not for resale, which you would have to agree to.

    Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:

    1. unavailability of the relevant product;
    2. poor/improper/defective quality of the relevant product ascertained through our quality audit process; and,
    3. inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
      In the event we are unable to deliver the confirmed order(s) as mentioned herein above and the payment for such order(s) has been made by you through your credit/debit card, wallet or internet banking, the amount paid by you while placing the order(s) on the Site will be reversed back to you through the same payment method as utilized by you. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.
    4. In the event we are unable to deliver the confirmed order(s) as mentioned herein above and the payment for such order(s) has been made by you through your credit/debit card, wallet or internet banking, the amount paid by you while placing the order(s) on the Site will be reversed back to you through the same payment method as utilized by you. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.
    10 Returns & refunds

    We have a separate policy for Cancellations, Return and Refunds. Please refer to it on our website before making a purchase.

    13. GENERAL USER TERMS -

    1. By signing up for our Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.

    2. In addition to the types of Content described in section above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:

    • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • advocates harassment or intimidation of another person;
    • requests money from, or is intended to otherwise defraud, other users of the Service;
    • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
    • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
    • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
    • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
    • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
    • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
    • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
    • disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
    • publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

    3. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.

    4. Your use of the Service, including all Content you post through the Service or on it’s social media accounts must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

    5. You agree that any product/ content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.

    6. Flyppd is a reseller on behalf of the original product owner, we are in no manner legally or otherwise to be answerable to any brands we are showcasing for sale on the portal. The seller does agree to take complete responsibility for and incase of any legal infringement/ objections by the brands/ designers for the products we list under their user ids registered on our portal.

    14. Prohibited Activities.

    The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

    1. impersonate any person or entity.
    2. solicit money from any users
    3. post any Content that is prohibited by Section 9
    4. “stalk” or otherwise harass any user or employees who are directly or indirectly associated to Flyppd
    5. express or imply that any statements you make are endorsed by the Company without our specific prior written consent
    6. use the Service in an illegal manner or to commit an illegal act;
    7. access the Service in a jurisdiction in which it is illegal or unauthorized;
    8. ask or use users to conceal the identity, source, or destination of any illegally gained money or products
    9. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents
    10. collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service
    11. interfere with or disrupt the Service or the servers or networks connected to the Service
    12. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
    13. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software)
    14. “frame” or “mirror” any part of the Service, without the Company's prior written authorization
    15. use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
    16. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
    17. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
    18. Attempt to list, offer for sale or sell any product which is counterfeit in nature or infringes the intellectual property rights of another.

    15. Customer Service.

    The Company provides assistance and guidance through its customer care services. When communicating using customer care services, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our employees at any time threatening or offensive, we reserve the right to immediately terminate your account.

    16. Modifications to Service.

    The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

    17. Notice and Take-Down Policy

    You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your intellectual property has been infringed by any post or Content on the App/website then please contact the Grievance Officer informing them of the exact product along with the URL and the specific details of the intellectual property rights infringed by said poster Content. In accordance with the laws of India, the Grievance Officer shall revert within 24 to 72 hours from receipt of such communication.

    Grievance Officer: Email: support@Flyppd.com

    18. 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 may 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 at our store. 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. If you do not want them to be returned. The cost is pre-decided by our third party delivery partners, it's an operational cost that they charge. For more details, please review our Returns Policy.

    19. The Company has a no-tolerance policy and is very mindful of intellectual property rights of others and believes in strong enforcement of the same. Any account posting Content which infringes the intellectual property of another shall be permanently terminated. The Company reserves all rights to take necessary legal recourse as it may deem fit.

    Disclaimers.

    1. 1. You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
    2. 2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
    3. 3. From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

    20. Links

    The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource. The Company is not responsible to notify the user of any privacy policy or terms of use that may be applicable on such third party links.

    21. Limitation on Liability.

    TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. This includes the following -

    Governing Law

    These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in MUMBAI.

    Arbitration

    If any dispute arises between you and FLYPPD during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be MUMBAI. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

    Severability

    If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

    Force Majeure

    Neither you nor FLYPPD will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.

    22. Indemnity by You.

    You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

    23. Notice.

    The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, whatsapp, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

    24. Returns and Refunds.

    In case of returns and refunds, the logistic charge of Rs.75/- would not be refunded in any circumstances.

    25. Returns

    Flyppd does not Accept RETURN/REFUND of Accessories, Sunglasses, Jewellery on Orders once delivered. This is mandated under our Terms & Condition. Please refer to our returns section before making a purchase.

    26. Payments/Refunds.

    All payments via Flyppd to buyers will be processed within 5 -7 working days of the request for returns/refunds and any other payment request.

    27. Entire Agreement; Other.

    This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

    28. Amendment

    This Agreement is subject to change by the Company at any time.