Terms of Use
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MarQ Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name \[] (“Website”), including the related mobile site (hereinafter referred to as “Platform”)
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer through the Platform by allowing the User to surf the Platform without registering on the Platform. The term "We", "Us", "Our" shall mean Flipkart India Private Limited.
The Platform is owned by Flipkart India Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560103, Karnataka, India (hereinafter referred to as "Flipkart").
Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You visit on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Flipkart India Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Flipkart.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Flipkart Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.
1. Nature of the Platform (Product Showcase Only)
● Catalogue and Display: This Platform is an online medium for You to view and browse the products and catalogue of MarQ.
● No Direct Sales: You acknowledge and agree that no commercial transactions or sales can be concluded directly on this MarQ Platform.
● Redirection to E-commerce Partner: To purchase any product displayed on this Platform, You will be redirected to an external e-commerce website or m-site or mobile application.
● External Transaction: The actual transaction, including purchase, payment, delivery, warranty, and returns, will be governed by the separate terms and policies of the external e-commerce website or m-site or mobile application.
2. Purchasing and External Transactions
● Governing Terms: Once you are redirected to the external e-commerce website to make a purchase, that website's terms and conditions, not these Terms of Use, will govern your transaction.
● No Liability for External Platforms: MarQ has no control over, and assumes no liability for, the actions, products, content, services, pricing, stock availability, payment, or delivery processes of the external e-commerce website.
● Disputes: Any disputes related to the purchase, quality, delivery, refund, or replacement of the product must be raised directly with the e-commerce seller/platform where the purchase was made.
3. Intellectual Property and Content
● Ownership: All material and content on this MarQ Platform, including images, text, logos, and product descriptions (collectively, "Content"), are protected by copyrights, trademarks, and other intellectual property rights and are the exclusive property of Flipkart or its licensors.
● Limited Use: The Content is provided solely for your personal, non-commercial, informational use.
● Restrictions: You must not copy, reproduce, alter, republish, upload, post, transmit, sell, or distribute the Content for any commercial purpose without our prior written consent.
● The display of products on this Platform does not grant you any intellectual property rights in those products or their associated branding.
4. Your Account and Responsibilities
● Account Information: If the Platform allows registration or account creation, you are responsible for maintaining the confidentiality of your account information.
● Prohibited Use: You agree not to use the Platform to upload, share, or transmit any information that is unlawful, harmful, defamatory, obscene, or infringes upon any third party's rights (including intellectual property rights).
● Compliance: Your use of the Platform must always comply with all applicable laws and regulations in India.
5. Use of the Platform
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
1.You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
2.You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
3.You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
4.You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms MarQ, marq-india.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of MarQ or Flipkart You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Flipkart's systems or networks, or any systems or networks connected to Flipkart.
5.You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
6.You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Flipkart and / or others.
7.You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
8.Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
9.From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
10.You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
6. Privacy
Please review our Privacy Policy, which also governs your visit to this Platform, to understand our practices.
As described in our Privacy Policy, we share information with Flipkart.com, and the subsidiaries that Flipkart.com, controls that are either subject to our Privacy Policy or follow practices at least as protective as those described in our Privacy Policy. The personal information / data provided to us by you during the course of usage of MarQ.com will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.
By visiting this Platform or by providing your personal data, you consent to the collection, use, storage, disclosure and otherwise processing of your personal data on the Platform in accordance with the Privacy Policy. If you disclose to us any personal data relating to other people, you represent that you have the authority to do so and to permit us to use the data in accordance with this Terms of Use and the Privacy Policy.
Disclaimer of Warranties and Liability
This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Flipkart does not warrant that:
This Platform will be constantly available, or available at all; or
The information on this Platform is complete, true, accurate or non-misleading.
Flipkart will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Flipkart does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.
7. Compliance with Laws:
Customer Conduct
Terms:
A) Flipkart fosters diversity, inclusion, equity and protect the individuals who are engaged with us as delivery partners from any discrimination on grounds such as race, social origin, caste, ethnicity, nationality, gender, gender identity and expression, sexual orientation, disability, religion or belief, age or any other grounds.
B) Flipkart prohibits discrimination against delivery partners under any circumstances and on any grounds including on the basis of race, religion, caste, place of origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristics that may be protected under applicable law.
C) We reserve the right to withhold access to the Platform and otherwise limit Your access to the Platform at Our absolute discretion if You behave towards any delivery partner working with Flipkart in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful.
1.If you see an offensive, abusive, or any unlawful content on the Platform, you can report it to customer care of MarQ.
2.Limitation of liability: By using the Services, you agree that the liability of Flipkart, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors, shall be limited to the maximum extent permissible by applicable law. In no case shall Flipkart, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any Content or for any other claim related in any way to your access to the Platform and/or use of the Services, including, but not limited to, any errors or omissions in any Content or information on the Platform, or any loss or damage of any kind incurred as a result of the use of the Services and/or reliance on any Content or information on the Platform.
3.Indemnification: You shall defend, indemnify and hold harmless Flipkart its owners, affiliates, subsidiaries, group companies, partners (as applicable), and their respective officers, directors, agents, and employees (" Indemnified Parties"), from and against any claim, demand, damages, obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of your or your affiliate's or relative's: (a) breach of these Terms, the Privacy Policy and/or any other policies; or (b) violation of any applicable law, rules, regulations; or (c) violation of the rights (including infringement of intellectual property rights) of a third party or Flipkart; or (d) unauthorized, improper, illegal or wrongful use of your Flipkart account (including by you or by any person, including a third party, whether or not authorized or permitted by you). This indemnification obligation will survive the expiry or termination of these Terms and/or your use of the Service.
4.Force Majeure: You agree that Flipkart shall be under no liability whatsoever to you in the event of non-availability of the Platform and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Flipkart (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Platform Partners).
5.Governing laws: These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Flipkart has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Bengaluru, India.
6.Severability: If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.
7.Amendments: We may revise these Terms from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Platform and will be effective immediately after such posting and we recommend that you periodically check these Terms on the Platform for such revised terms. Your continued use of the Services and/or the Platform will be deemed to constitute your acceptance of any and all such revised terms.
8.Entire agreement: These Terms, the Privacy Policy and any other terms or policies as may be prescribed by Flipkart from time to time, constitute the entire agreement between you and Flipkart, which will govern your use of or access to the Services and/or the Platform, superseding any prior agreements between you and Flipkart regarding such use or access.
9.Survival: You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the efflux of time and the termination of these Terms.
Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the e-book is available with the Seller and it is Seller’s exclusive property. Seller represents and warrants that Sellers are authorized by such third parties to sell the e-book on the Platform for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Flipkart as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Flipkart’s control or control of its licensors, as the case may be.
Trademark complaint
Flipkart respects the intellectual property of others. In case You feel that Your Trademark has been infringed ,You can write to Flipkart at infringement@flipkart.com or ss@flipkart.com
8. Contact Us
For any questions or comments regarding this Platform, please contact us at: Tel: 080-45471090/080-69290890 or Email ID: marq@flipkart.com.