Welcome to Flicap. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Legal disclaimer and rules and regulations for access or usage of FLICAP INTERNET marketplace platform – flicap.com (hereinafter referred to as “Platform”)
The Platform is owned by FLICAP INTERNET, having its registered office at 601-602, Orbit-1, Puna BRTS Junction, Surat, Gujarat 395010 India
Your use of the Flicap and services and tools are governed by the following terms and conditions as applicable to the Flicap including the applicable policies which are incorporated herein by way of reference. By mere use of the Flicap, You shall be contracting with FLICAP INTERNET, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Flicap.
For the purpose of this Disclaimer, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “Flicap”,”We”,”Us”,”Our” shall mean FLICAP INTERNET and its affiliates.
1. User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
- immediately notify Flicap of any unauthorized use / breach of your password or account and
- ensure that you exit from your account at the end of each session.
2. Services Offered:
Flicap provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Flicap assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Flicap assumes no liability with respect to the return or refund for the said re-shipped product. In addition, this Disclaimer may be further supplemented by Product specific conditions, which may be displayed with that Product.
Flicap does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their transactions on the Platform. Flicap is not and cannot be a party to or control in any manner any transaction between the Flicap’s Users. Henceforward:
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Flicap does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
- Flicap does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
- Flicap is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Flicap cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
- At no time shall Flicap hold any right, title or interest over the products nor shall Flicap have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
- The Flicap is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Flicap is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Flicap hold any any right, title or interest over the products nor shall Flicap have any obligations or liabilities in respect of such contract. Flicap is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- You release and indemnify Flicap and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Flicap and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Flicap cannot take responsibility or control the information provided by other Users which is made available on the Platform.
4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right to
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
- is misleading in any way
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
- violates any law for the time being in force
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- shall not be false, inaccurate or misleading
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
- A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
- Users doesn’t reply to the payment verification mail sent by Flicap
- Users fails to produce adequate documents during the payment details verification
- Misuse of another Users’s phone/email
- Users uses invalid address, email and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used.
- Users returns the wrong product
- Users refuses to pay for an order
- Users involved in the snatch and run of any order
- Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Flicap
- User with a very high return rate
- Repeated request for monetary compensation for fake/used order
- Flicap may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Flicap:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category.
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
- Any order paced using a technological glitch/loophole.
- You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Flicap.
- You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Flicap by sharing multiple address and phone numbers or transacting with malafide intentions.
- We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Flicap on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
- 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.
- 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.
- You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
- 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.
- 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.
- 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.
- The Content posted does not necessarily reflect Flicap views. In no event shall Flicap assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
- Flicap hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Flicap Return & Exchange Policy offers you the option to return or exchange items purchased on Flicap within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the “Return Policy” on our Flicap.
5. Contents Posted on Platform:
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
- do not remove any proprietary notice language in all copies of such documents,
- use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
- make no modifications to any such information, and
- do not make any additional representations or warranties relating to such documents.
As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Disclaimer. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Flicap reserves the right to delete such multiple listings of the same product listed by you in various categories.
We may provide you alternation services (limited to alteration of length, alteration of the waist size) for the garments purchased by You from Us. This service shall be free of cost and no amount would be collected from You for such alteration. However, a nominal fee as mentioned by Flicap at the time of creating the alteration request (inclusive of service tax) would be applicable as convenience charge towards pick up and drop of the garments or towards tailor visit (wherever applicable).
7. E-Platform for Communication:
You agree, understand and acknowledge that Flicap is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Flicap is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Flicap.
9. Trademark, Copyright and Restriction:
Platform is controlled and operated by Flicap and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Flicap is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Flicap or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
Name: FLICAP INTERNET
Address: 601-602, Orbit-1, Puna BRTS Junction, Surat, Gujarat 395010
Phone: +91 9979992001
Time: Mon – Sat (9:00 – 18:00)
10. Limitation of Liability:
In no event shall Flicap be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services or Products
- unauthorized access to or alteration of the user’s transmissions or data
- breach of condition, representations or warranties by the manufacturer of the Products
- any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Flicap shall not be held responsible for non-availability of the Flicap during periodic maintenance operations or any unplanned suspension of access to the Flicap. The User understands and agrees that any material and/or data downloaded at Flicap is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Flicap’s liability shall be limited to an amount equal to the Products purchased value bought by You. Flicap shall not be liable for any dispute or disagreement between Users
Flicap may suspend or terminate your use of the Flicap or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Flicap chooses to terminate them.
- If You or Flicap terminates your use of the Platform or any Service, Flicap may delete any content or other materials relating to your use of the Service and Flicap will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Flicap for purposes of tax or regulatory compliance.
- Flicap may unilaterally terminate Your account on any event as mentioned in the Disclaimer. Any credits earned through loyalty or referral program, Flicap credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Flicap.
- If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Flicap by sharing multiple address and phone numbers or transacting with malafide intentions then Flicap reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
12. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Flicap make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Flicap is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
13. 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 courts, tribunals, fora, applicable authorities at Surat. The place of jurisdiction shall be exclusively in Surat.
14. Contacting the Seller:
At Flicap, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Flicap about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at +91-9979992001 or access help center at https://flicap.com/contactus
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Flicap. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Flicap nor shall Flicap have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Flicap within 5 days from the alleged date of delivery of product reflecting on the Flicap portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Flicap disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Flicap portal.
16. Cart Notification
You understand that, in the event selected products in your cart is out of the inventory, Flicap provides You an option in your cart to select the product of another seller, You understand that price of the product by another seller may differ.
17. Multiple Sellers
You understand that products of a particular style may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular style. This is because the seller whose price is displayed on the list page is selected based on the application of a number of parameters and price is only one such parameter. However, once you land on the product display page on the Platform for a specific style, You will have access to the price offered by all sellers on the Platform for the relevant style.
18. Platform Fee
Flicap may levy a platform fee for providing access to the Platform, and on account of Your usage of the Platform, hereinafter referred to as “Platform Handling Fee” or “Platform Fee”, subject to the Disclaimer and the below terms and conditions:
- The Platform Fee shall be specified on the check out page on the Flicap Platform.
- The Platform Fee shall be charged on the overall cart value.
- Flicap reserves the right to modify/waive off the Platform Fee from time to time.
- The Platform Fee fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to Flicap Internet.
19. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Mr. Hiren Bhuva
601-602, Orbit-1, Puna BRTS Junction, Surat, Gujarat 395010 India
Time: Mon – Sat (9:00 – 18:00)