Terms of Use- Firedrops
- These Terms of Service ("Terms") govern your access to and use of ‘Firedrops’ (“Firedrops” or “Platform”) which is an online marketplace which allows you to create, display and store Non-Fungible Tokens (“NFTs”) owned and operated by Flipkart Internet Private Limited, (“Flipkart”, “We”, “Our”, “Us”).
- This document sets out the terms and conditions in connection with your use of Firedrops and, subsequently, your access to and/or your displaying, storing, or otherwise dealing with the NFTs and/or other related services provided on the Platform (all such, collectively, "Services" and such terms and conditions, the "Terms" ). These Terms shall be read and construed in accordance with the Flipkart Terms of Use available here : https://www.flipkart.com/pages/terms.
- These Terms constitute a binding legal agreement between You and Flipkart. ACCESSING, BROWSING OR OTHERWISE USING FIREDROPS INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by Flipkart Policies (including but not limited to Privacy Policy available at https://www.flipkart.com/pages/privacypolicy and the Privacy Policy of Firedrops as amended from time to time.
- We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these Terms, at any time without any prior written notice to You. It is Your responsibility to review these Terms periodically for updates / changes. Your continued use of Firedrops following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use Firedrops.
- Use of Firedrops is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. You must be 18 years of age, to avail the Services.
- You agree and acknowledge that Firedrops is only a marketplace providing you Services in relation to NFTs and is not a bank, financial institution or entity of any nature that provides financial services including financial or investment advice. Nothing in Firedrops or no information provided by or in relation to Firedrops shall constitute any legal, financial or investment or any professional advise in any manner.
- Your Account and KYC
- To use Firedrops or avail any Services of Firedrops you will need to login to Firedrops using Your Account on the Flipkart Platform.
- To allow You to transact on Firedrops, we may also need some Know Your Customer (“Know Your Customer”) documents i.e., Officially Valid Document” (OVD) as defined under Master Direction - Know Your Customer (KYC) Direction, 2016 as amended from time to time, which You shall promptly provide upon being so requested by Flipkart or its service providers. To enable Flipkart to comply with the KYC requirements prescribed under applicable laws, You hereby provide your consent to Flipkart and/or its service providers and/or their authorized representatives/agents for obtaining and authenticating your KYC information such as with the relevant regulatory authorities (such as NSDL, UIDAI, CKYCR etc.), including for completing KYC verification process through an OTP-based KYC check or Aadhaar based offline verification or Video Based Customer Identification Process (V-CIP). You expressly authorize Flipkart or its service providers or its agents to store your identity information for the purposes of fulfilling KYC requirements and providing you the Services of Firedrops. It is clarified that Flipkart does not collect, use, store, or share your Aadhaar number.
- Your KYC process on Firedrops shall be handled by third party service providers and Flipkart shall not be responsible for the same. Such process may be governed by a different set of terms and conditions as may be mandated by such third-party service provider and Flipkart shall not be responsible in any manner in relation to the KYC process.
- Your Wallet and transfers
- To avail the Services of Firedrops, You may need to use the electronic wallet, which will enable You to store NFTs received by You on the Platform (“Wallet”). Currently, you cannot store, receive NFTs or any other form of cryptocurrency not received on Firedrops.
- You acknowledge and agree that you can only store NFTs received by you on Firedrops and transferring or otherwise dealing with any unsupported token, NFT, or Cryptocurrency to the Wallet will result in an irreversible and non-refundable loss of deposit. You acknowledge that Flipkart has disclaimed all liability with respect to the Wallet and Flipkart shall not be responsible or liable to You in respect of any losses you incur as the result of your use of the Wallet including but not limited to a) user error such as forgotten passwords, or incorrect/unsupported transactions; b) actions of third parties such as unauthorized access, virus attacks, phishing or any other such activity; c) system failure or failure of Firedrops or Firedrops Wallet resulting in data corruption, or data loss.
- With respect to transactions involving Wallet, You accept and agree that You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting any transaction requests.
Membership and/or access to Firedrops is currently free. Flipkart does not charge any fee for browsing and using the Services on Firedrops. Flipkart reserves the right to change its Fee Policy from time to time. In particular, Flipkart may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Flipkart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform or these Terms and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Flipkart Internet Private Limited.
You cannot use cryptocurrency to make or receive any payments on Firedrops. Transactions on Firedrops can be effected only with the use of fiat currency (INR) and subject to fulfillment of the KYC requirements as mandated under applicable law.
Firedrops or its services does not involve transactions or dealing with cryptocurrency by the users in any manner.
- Intellectual Property Rights
The Intellectual Property Rights (“IP Rights”) in the NFTs belong to their respective owners and shall not be copied, used, reproduced, displayed, partly or in whole without the express consent of the owner of the NFT. IP Rights for the purpose of these Terms 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, logos, word and device 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. Where You are uploading any content including without limitation, NFTs to Firedrops, You represent and warrant that You are the owner of such content or are authorized by third parties who have ownership over the content to upload such content including NFTs on Firedrops. You also represent that the content You upload to Firedrops are not infringing the IP Rights of any third parties.
Unless stated otherwise, all content (except for NFTs) on Firedrops such as the site, the Firedrops logo, word mark and trademark, user interface, text, graphics, pictures, art, information, source code or software, relating to Firedrops are the proprietary property of Flipkart or Our affiliates, service providers, licensors, as applicable. Except as expressly provided in these Terms, no part of Firedrops and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Flipkart's express prior written consent.
We reserve the right to remove any content, NFTs, material or user data that violates these Terms or the applicable law, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment. With respect to NFTs and third-party content, Flipkart's role is limited to providing a communication platform to users enabling them to deal in NFTs. At all times, Flipkart remains an intermediary facilitating buyers and sellers on Firedrops to interact with each other.
Flipkart has no control over NFTs or third-party content on Firedrops as Flipkart (as stated above) is merely an intermediary for the purposes of Terms. Flipkart does not and cannot verify that the sellers, suppliers, or creators of NFTs on Firedrops have the right or ability to mint, list, sell or distribute their NFTs. However, Flipkart is committed to removing infringing or unlicensed NFTs once an authorized representative or the rights owner themselves properly reports any violations to Flipkart. If You believe your IP Rights have been infringed, please write to Us at infringement@flipkart.com or ss@flipkart.com
Currently, You may receive NFTs on Firedrops by way of airdrops or through minting NFTs after successful completion of KYC verification and paying the appropriate fees (if applicable for such minting requests). When an NFT is airdropped to you, you will receive ownership of the NFT. You may receive or be entitled to any utilities in relation to any NFTs that you own or receive that may be provided by the creator or supplier or seller of the NFTs independently or in collaboration with Flipkart. Flipkart shall not be responsible for such utilities in any manner and any transaction with respect to the utility shall solely between the creator/seller/supplier of such NFT and the recipient/buyer/owner of the NFT.
Firedrops (in itself) does not store, send, or receive NFTs. NFTs exist only by virtue of ownership records stored on the blockchain.
Transfer of ownership or any transactions with respect to the NFTs happen on the blockchain and not on Firedrops. You can view your NFT transactions on the wallet assigned to Your account.
Technological Risks
NFTs and cryptocurrency are unregulated. NFTs carry a technological risk such as but not limited to risk associated with software, hardware or network connections, risk of hacking or malicious code, or unauthorized access to your Account or your Wallet. The aforementioned risks are non-exhaustive and only illustrative. By accessing, using , transacting, or otherwise interacting with or on Firedrops you acknowledge and agree that you are solely responsible for determining and accepting any risk for yourself and Flipkart shall not be liable or responsible in any manner in such regard.
Financial Risks
NFTs and cryptocurrency are unregulated. NFTs, cryptocurrency or crypto assets hold no underlying or intrinsic value. NFTs, cryptocurrency or crypto assets are not legal tender and are not backed by the government. The value or prices of NFTs, cryptocurrency or crypto assets are extremely volatile and are subject to frequent and unpredictable fluctuations. The value of your NFTs may be severely affected by various factors such as including but not limited to fluctuation of values of different blockchain assets, regulatory developments, etc. Your NFTs, cryptocurrency or crypto assets may lose all their value. NFTs, cryptocurrency or crypto assets may also be subject to regulation by appropriate governments which may render NFTs, cryptocurrency or crypto assets unlawful and may also prohibit the possession of such assets. The aforementioned risks are non-exhaustive and only illustrative. By accessing, using , transacting, or otherwise interacting with or on Firedrops you acknowledge and agree that you are solely responsible for determining and accepting any such financial or regulatory risk for yourself and Flipkart shall not be liable or responsible in any manner in such regard.
You hereby release and forever discharge Flipkart (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, Firedrops (including any interactions with, or act or omission of, other Users or any third-party products and services).
Firedrops, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You 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:
- Firedrops will be constantly available, or available at all; or
- The information on Firedrops is complete, true, accurate or non-misleading.
Flipkart will not be liable to You in any way or in relation to the NFTs on, or use of, or otherwise in connection with Firedrops. Flipkart does not warrant that Firedrops; information, NFTs, 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. Firedrops shall not be any responsible for any errors, mistakes, or inaccuracies of content and materials on Firedrops or related to Firedrops; personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of Firedrops; any unauthorized access to or use of Firedrops secure servers , Your Wallet and/or any and all personal information and/or financial information stored therein; any bugs, viruses, attacks of whatever nature which may be transmitted through the content, material or communications from Firedrops; Further Flipkart shall not be liable to You in any way or in relation to NFTs and for not be responsible for server failure or data loss, corrupted wallet files or loss of NFTs.
Suppliers/creators/sellers of NFTs on Firedrops may promote their NFTs or associated content. Flipkart shall not be responsible with such promotional or marketing activities.
Any use or reliance on any content or materials obtained by You through Firedrops is at your own risk. You understand that by using Firedrops, you may be exposed to content or material that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, have been mislabeled or are otherwise deceptive. All content or material is the sole responsibility of the respective owners who originated such content.
Flipkart may not monitor or control the content, NFTs, or any material posted, uploaded and/or otherwise made available on Firedrops by suppliers, creators, sellers and/or their respective agents or affiliates, and we do not take responsibility or liability for any such content. Flipkart does not endorse in any manner NFTs, or content, material, data, or information made available on Firedrops.
Flipkart does not take responsibility or liability for the actions, products, content, NFTs and services on Firedrops, which are linked to Affiliates and/or third parties and/or third-party platforms using Firedrops’ APIs or otherwise. In addition, Firedrops may provide links to the third-party platforms of Our affiliated companies and certain other businesses for which, Flipkart assumes no responsibility for examining or evaluating the products and services offered by them. Flipkart do not warrant the offerings of any of these businesses or individuals or the content of such third-party platform(s). Flipkart does not endorse, in any way, any third-party platform(s) or content thereof;
FIREDROPS AND THE SERVICES PROVIDED BY FIREDROPS TO YOU ARE PROVIDED “AS IS” AND FLIPKART MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE FIREDROPS, AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, FLIPKART DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.
- Third Party Service Providers
For using or accessing or transacting on Firedrops, some services such as wallets, payment procession, transactions, and custody of transactions on the blockchain, completion of KYC may be provided by third parties service providers.
Such services provided by third parties are not under the control of Flipkart and Flipkart does not endorse or make any representations with respect to such third-party services. Any use of third-party services is governed solely by the terms and conditions of such third parties. Any transaction completed where third party services have been used, is between you and the relevant third party, and not with Flipkart. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or make use of in connection with the Services. We may at our sole discretion add or discontinue any third-party services made available to you in relation to Firedrops.
By using Firedrops, 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 Firedrops or any NFTs, content material or for any other claim related in any way to your access to Firedrops, NFTs available or displayed on Firedrops 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 Firedrops and/or reliance on any services, content, data or information on Firedrops.
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 Firedrops.
- Force Majeure: You agree that Flipkart shall be under no liability whatsoever to you in the event of non-availability of Firedrops 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, internet failure, man-made disaster, pandemic, 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 third party service providers).
- 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 Firedrops 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.
- 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.
- 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 Firedrops for such revised terms. Your continued use of the Firedrops will be deemed to constitute your acceptance of any and all such revised terms.
- Entire agreement: These Terms, the Privacy Policy, the Terms of Use of the Flipkart Platform 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. In the event that there exists a conflict between any term, condition, or provision contained within these Terms, and in any term, condition, or provision contained within the Terms of Use of Flipkart, the term, condition, or provision contained within these Terms shall control.
- 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.
- Offer Terms and Conditions:
Please refer to the terms and conditions of the IDENTITY SLATE NFT Offer below/here:
IDENTITY SLATE NFT OFFER
- What is the offer duration?
This offer will be live from 22 July 2022 to 22 January 2023
Users of Firedrops upon successful completion of their registration process may choose to mint a free NFT that may include their name and picture (“NFT Reward”).
- What are the conditions to avail the offer?
- Age must be 18 years or above; and
- Must have a valid account on the Firedrops Platform with registered email ID, and must have successfully completed the KYC on the Platform.
- You must consent to use your picture and name collected during the KYC process to be incorporated as a part of the NFT Reward.
- How can I avail the NFT Reward Upon successful completion of the KYC process and after receipt of your consent to use your picture and name in the NFT Reward, the NFT Reward will be minted and provided to you into your wallet on the Firedrops platform. Please note that the Reward NFTs may not be transferred outside the Firedrops Platform.
- Disclaimer: NFTs and other related products are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.
OFFER TERMS AND CONDITIONS
Preliminary
- This Offer (defined below) is being run by Flipkart Internet Private Limited (Flipkart), on the Firedrops Application( “ Firedrops Platform”), which is owned and operated by Flipkart Internet Private Limited (“Flipkart”).
- By participating in this Offer, the user (“User”, “You” or “Your”) agrees to be bound by:
- these terms and conditions (“T&C”);
- the Terms of Use, Privacy Policy, and other relevant documentation including any modifications, alterations or updates thereof, that are published on the Firedrops Platform; and
- All applicable terms and conditions of the third party service providers involved in this Offer.
Offer Details
- The Offer is valid for users who have completed their registration process successfully including the KYC on the Firedrops Platform.
- Users who have chosen to avail this reward will receive a Non-Fungible Token (“NFT”) into their wallet. This NFT provided through this Offer (“Reward NFT” or “Reward”) will be provided to the user in their wallet on the Firedrops Platform.
- To participate in the Offer, you must do/ fulfill the following:
- Age must be 18 years or above;
- Must have a valid account on the Firedrops Platform and log into the same;
- Consent to use Your name and display picture as a part of the NFT; and
- Fulfill these terms and conditions
Flipkart/Third Party Providers shall be free to decline participation if the said requirements are not met.
- You may choose to participate in this Offer by providing consent to Flipkart and third party service providers involved in this Offer to use your picture and name collected during the KYC process solely for the purpose of providing you the Free NFT.
- The Rewards are subject to change and discontinuation at any time without notice at the sole discretion of Flipkart.
- Participants can avail of only one reward.
- The Firedrops Platform account ID holder shall be considered for the Rewards irrespective of participation.
- Flipkart reserves the right, at any time to verify the validity of participation of Users in the Offer and to disqualify any User from participating in the Offer and receiving Rewards in the event of any violation of these T&C’s or any fraudulent activity or at the sole discretion of Flipkart.
- Participants of this Offer may be contacted for marketing and promotional purposes.
- Mere participation does not entitle You to win Rewards under this Offer.
- As a condition to accepting any Reward, You may be required to sign any legal documentation as and in the form, required by Flipkart including but not limited to a legal release and indemnity form.
- You acknowledge and confirm that You are aware of the nature of telecommunications/ internet services and that an email transmission may not be received properly and may be read or be known to any unauthorized persons. You agree to assume and bear all the risks involved in respect of such errors and misunderstandings and Flipkart shall not be responsible in any manner.
General Terms & Conditions
- This Offer is valid only in India.
- The Offer is open to only end consumers and not resellers.
- The offer is not valid for Flipkart employees
- Offer benefits/Rewards shall not be settled in cash by Flipkart/Sellers and are not transferable.
- Flipkart/Sellers reserve the right to terminate, withdraw, suspend, amend, extend, modify, add or remove portions of this Offer, at any time without any prior written notice.
- You are not bound in any way to participate in this Offer. Any participation is voluntary and the Offer is being made purely on a best effort basis.
- All decisions pertaining to the selection of the participants for the Rewards under this Offer are at the sole discretion of Flipkart based on a metric which is subject to change without notice.
- Flipkart reserves the right to disqualify You from the benefits of this Offer, if any fraudulent activity is identified as being carried out for the purpose of availing the benefits under the said Offer.
- The Offer shall be subject to force majeure events and on occurrence of such an event, the Offer may be withdrawn at the discretion of Flipkart/Sellers.
- Flipkart or third party service providers involved in this Offer shall not be responsible for any loss, injury or any other liability arising due to participation by any person in this Offer.
- This Offer is subject to the prevailing laws of India.
- Flipkart does not endorse the Rewards being offered under this Offer and will not accept any liability pertaining to the benefits of the Offer.
- Any queries/complaints or disputes regarding the fulfillment of the Offer must be directed towards the third party service providers. Flipkart shall not entertain or be responsible for any queries/complaints regarding the fulfillment of Offer.
- You hereby agree to indemnify and keep Flipkart and third party service providers harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fees) that may be suffered by Flipkart as a consequence of (i) violation of the terms of this T&C by You; (ii) violation of applicable laws; (iii) any action or inaction resulting in willful misconduct or negligence on Your part.
- This T&C shall be governed in accordance with the applicable laws in India. Courts at Bangalore shall have the exclusive jurisdiction to settle any dispute that may arise under this T&C.
- The Offer shall be subject to the Income-Tax Act, 1961 and all disbursements shall be subject to TDS, as applicable.
- Any query regarding this Offer will be entertained only till 30 September 2022. Post such date, Flipkart will not entertain any correspondence or communication regarding this Offer from any persons.
- This document is an electronic record in terms of Information Technology Act, 2000 and the 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.
BIG BILLION DAYS DIGITAL TREASURE HUNT 2022
Preliminary
- This Offer (defined below) is being run by Flipkart Internet Private Limited (Flipkart), on the Firedrops Application( “ Firedrops Platform”), which is owned and operated by Flipkart Internet Private Limited (“Flipkart”) in association with Edao Ventures FZCO (“Edao”) .
- By participating in this Offer, the user (“User”, “You” or “Your”) agrees to be bound by:
- these terms and conditions (“T&C”);
- the Terms of Use, Privacy Policy, and other relevant documentation including any modifications, alterations or updates thereof, that are published on the Firedrops Platform; and
- All applicable terms and conditions of the third party service providers involved in this Offer.
Offer Details
- This Offer will start on 1200 hours on 17th September and will end on 1159 hours on 27th September (“Offer Period”).
- The Offer is valid for users who have completed their registration process successfully including the KYC on the Firedrops Platform.
- Users will need to correctly answer questions (“Clues”) provided on the Firedrops Platform each day during the Offer Period. Users who have answered at least 2 of three Clues each day during the Offer Period will receive a ‘Culture Spark NFT’ into their wallet. This NFT provided through this Offer (“Reward NFT” or “Reward”) will be provided to the user in their wallet on the Firedrops Platform.
- Users who are among the first 10,000 (ten thousand) users to have successfully answered at least 2 of the 3 Clues each day during each day of the Offer Period will win the Reward NFT.
- Users who successfully collect Culture Spark NFTs on each day of the Offer Period will stand a chance to win rewards redeemable on the Flipkart website and mobile app (“Flipkart Platform”).
- To participate in the Offer, you must do/ fulfill the following:
- Age must be 18 years or above;
- Must have a valid account on the Firedrops Platform and log into the same;
- Fulfill these terms and conditions
- Terms applicable to the Culture Spark NFTs
- The Culture Spark NFTs are made available to users by Edao.
- Users may use the Culture Spark NFTs only for
- for their personal use; and/or
- as part of a third party website or application, whether now known or as may come into existence in the future, that permits the inclusion, involvement, or participation of NFTs for non-commercial purposes.
- Flipkart shall not entertain any claim with respect to the Culture Spark NFTs.
- Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.
Flipkart/Edao shall be free to decline participation if the said requirements are not met.
- The NFT Rewards or rewards are subject to change and discontinuation at any time without notice at the sole discretion of Flipkart.
- Participants can participate in the Offer only once in a day during the Offer Period.
- The Firedrops Platform account ID holder shall be considered for the NFT Rewards irrespective of participation.
- Flipkart reserves the right, at any time to verify the validity of participation of Users in the Offer and to disqualify any User from participating in the Offer and receiving Rewards in the event of any violation of these T&Cs or any fraudulent activity or at the sole discretion of Flipkart.
- Participants of this Offer may be contacted for marketing and promotional purposes.
- Mere participation does not entitle You to win Rewards under this Offer.
- As a condition to accepting any Reward, You may be required to sign any legal documentation as and in the form, required by Flipkart including but not limited to a legal release and indemnity form.
- You acknowledge and confirm that You are aware of the nature of telecommunications/ internet services and that an email transmission may not be received properly and may be read or be known to any unauthorized persons. You agree to assume and bear all the risks involved in respect of such errors and misunderstandings and Flipkart shall not be responsible in any manner.
General Terms & Conditions
- This Offer is valid only in India.
- The Offer is open to only end consumers and not resellers.
- Offer benefits/Rewards shall not be settled in cash by Flipkart/Edao and are not transferable.
- Flipkart/Edao reserve the right to terminate, withdraw, suspend, amend, extend, modify, add or remove portions of this Offer, at any time without any prior written notice.
- You are not bound in any way to participate in this Offer. Any participation is voluntary and the Offer is being made purely on a best effort basis.
- All decisions pertaining to the selection of the participants for the NFT Rewards under this Offer are at the sole discretion of Flipkart based on a metric which is subject to change without notice.
- Flipkart reserves the right to disqualify You from the benefits of this Offer, if any fraudulent activity is identified as being carried out for the purpose of availing the benefits under the said Offer.
- The Offer shall be subject to force majeure events and on occurrence of such an event, the Offer may be withdrawn at the discretion of Flipkart/Edao.
- Flipkart or Edaoinvolved in this Offer shall not be responsible for any loss, injury or any other liability arising due to participation by any person in this Offer.
- This Offer is subject to the prevailing laws of India.
- Flipkart does not endorse the NFT Rewards being offered under this Offer and will not accept any liability pertaining to the benefits of the Offer including the NFT Rewards.
- Any queries/complaints or disputes regarding the fulfillment of the Offer must be directed towards Edao. Flipkart shall not entertain or be responsible for any queries/complaints regarding the fulfillment of Offer.
- You hereby agree to indemnify and keep Flipkart and Edao harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fees) that may be suffered by Flipkart as a consequence of (i) violation of the terms of this T&C by You; (ii) violation of applicable laws; (iii) any action or inaction resulting in willful misconduct or negligence on Your part.
- This T&C shall be governed in accordance with the applicable laws in India. Courts at Bangalore shall have the exclusive jurisdiction to settle any dispute that may arise under this T&C.
- The Offer shall be subject to the Income-Tax Act, 1961 and all disbursements shall be subject to TDS, as applicable.
- Any query regarding this Offer will be entertained only till 30 September 2022. Post such date, Flipkart will not entertain any correspondence or communication regarding this Offer from any persons.
- This document is an electronic record in terms of Information Technology Act, 2000 and the 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.
Terms of Use for Flipverse
- These Terms of Service ("Terms") govern your access to and use of the Virtual World owned and operated by Flipkart Internet Private limited, ‘Flipverse’ which is an online virtual world accessible through the Firedrops portion of the Flipkart Mobile Application, where users can create digital avatars and can interact within the Virtual World with digital art or things.
- The Flipverse is being hosted on Flipkart mobile App only ("Platform"), that is owned and operated by Flipkart Internet Private Limited ("Flipkart", "We" or "Our").
- This document sets out the terms and conditions in connection with your use of the Flipverse and, subsequently, your access to and/interaction in the Flipverse and/or other related services provided on the Flipverse (all such services, collectively, "Services" and such terms and conditions, the "Terms" ). These Terms shall be read in conjunction with the terms of use of Firedrops platform and the Flipkart Platform and the Privacy Policy of Flipkart and the Firedrops platform.
- Use of Flipverse is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.You must be 18 years of age, to avail the Services. Minors may only use the service under the supervision of an adult.
- All the Services being offered to the users on the Flipverse shall be, for the convenience of the users, or at such other terms as may be offered by Flipkart or the participating brands or sellers in the Flipverse with respect to any Services from time to time, and such other terms shall be communicated to the user at the time of viewing such Content and/or at the time of registering with the Platform. Subject to you accepting these Terms and any other terms as may be communicated to you from time to time, you are given a limited, non-exclusive, non-transferable, non-sub-licensable, revocable permission to view the Platform and avail the Services during the subsistence of your account with Flipkart and no right, title or interest in any Services or the Flipverse or any part thereof will be deemed transferred to you.
- The Flipverse enables You to view the content or the avail the Services of various participating brands or sellers, which may either be offered by Flipkart or third party content providers.
- The Services or content on the Flipverse may consist of Services or content provided by participating brands, sellers or other third parties (‘Third Parties’). Specifically, for more information in relation to such third party content or Services, you may refer to their respective terms and conditions. As such, Flipkart has no ownership or control whatsoever on the Services or content provided by Third Parties, whether it is uploaded and Flipkart disclaims all liability with respect to the same.
- Irrespective of whether the Services or the content is provided Third Parties or by Flipkart, you, at all times, are responsible for your use of the Flipverse and Flipkart shall have no liability with respect to any loss or damage caused by viewing or relying on the Services or the content. By permitting uploading or making available, any Services, offerings or content of Third Parties on Flipverse, Flipkart will neither guaranteeing nor giving any warranty nor making any representation with respect to any Services, content or offerings. The Flipverse is for entertainment or information purposes only and Flipkart will neither be endorsing the views, products or the services being depicted or offered as part of the Flipverse, nor will Flipkart be responsible for quality or features of any Services, offerings or content displayed on Flipverse. Unless expressly stated otherwise, all characters, themes and events depicted in the Flipverse are entirely fictitious and any similarity to actual events or persons, living or dead, is purely coincidental, unintentional or accidental.
- Please note that the availability of, and your ability to access, the Flipverse or any part thereof, (a) is subject to applicable law and the contractual arrangements between Flipkart and the relevant Third Parties or service providers involved in the Flipverse; and (b) may be dependent upon your geographical location, your Internet/data connectivity or your system capabilities or compatibility with Flipverse. Not all Services will be available to all users. On account of the nature of the Internet/data connectivity and system compatibility, Flipverse and the Services may also be accessed in various geographical locations. You, therefore, hereby agree and acknowledge that you are accessing Flipverse and availing of the Services, at your own risk, choice and initiative, and you agree and undertake to ensure that your use of Flipverse and the Services complies with all applicable laws including the local laws in your jurisdiction. Further, you agree and acknowledge that the Services and content may vary from place to place, time to time and device to device and the quality and the quantity of your access to the content or the use of Flipverse or availing of the Services would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc.
- Any information on Flipverse, has not been verified by Flipkart, and therefore, Flipkart shall not be responsible for any such Third Party content, Services or information. Flipkart will not bear any obligation or liability if You rely on the contents or information and any loss or liability has been incurred by you arising from such Third Party Services, content or information.
- If you choose to view or rely on any or avail of any Third Party Services, content, offerings or information on Flipverse, you will be impliedly accepting the terms of viewing or relying on such Third Party Services, content or information, as offered by the Third Parties, and Flipkart will neither be a party to such an arrangement nor will it in any manner be concerned with such an arrangement nor will Flipkart be liable or responsible for any act or omission of the Third Parties.
- You hereby acknowledge that the Third-Party content or Services is created and owned or provided by the Third Parties who own all the rights including the intellectual property rights with respect to such content. The Flipverse is for personal and non-commercial use only and you shall not use it for any commercial, promotional, resale, further distribution or any other unauthorized purposes. You agree not to use the service for public performances.
- You further acknowledge that all the intellectual property rights contained in the Flipverse are either owned by Flipkart or Third Parties including services providers involved in the Flipverse. During the term of your Flipkart membership we grant you a limited, non-exclusive, non-transferable, revocable right to access Flipverse. Except for the foregoing, no right, title or interest shall be transferred to you in Flipverse or any part thereof.
- We can terminate your account or place your account on hold in order to protect our or the interests of the Flipkart or Third Parties, from an actual, probable or suspected theft, loss, damage or other fraudulent activity. Flipkart reserves the right to immediately terminate, suspend, limit, or restrict your access or use of Flipverse and/or the Services, at any time, without any notice or liability, if Flipkart so determines, in its sole discretion, for any reason whatsoever, including that you have: (a) breached these Terms (including the terms of Firedrops of Flipkart) or the Privacy Policy; or (b) violated any applicable law, rule, or regulation; or (c) you have engaged in any inappropriate or unlawful conduct; or (d) provided any false or inaccurate information; or (e) for any other reason that Flipkart deems fit in its sole discretion.
- Any use or reliance Flipverse is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted on Flipverse or endorse any information or content on the Flipverse.
- Avatars: The Flipverse may allow you to create digital avatars (‘Avatars’) solely for interaction within Flipverse. The Avatar may either be generic or may bear resemblance to you in accordance with the information or date provided by you. The Avatar is solely for entertainment purposes only. The creation of an Avatar may result in the creation of a data file. You may use the Avatar only to the extent that the Avatar is not used inappropriately or for any immoral, illegal, abusive, or harmful purpose at the sole discretion of Flipkart and all other terms and conditions of these Terms have been fully complied with.
- Personal Information; We may use information such as device ID, location or an account email address used with an existing Flipkart account to determine eligibility and any offers thereof. We may use the information provided by you voluntarily including photographs provided by you solely in relation to the Avatars. We may share personal information with our other corporate entities and Third Parties only for the purposes of giving enhanced customer services or for providing the services of the Flipverse including the Avatars.
- Service Interruptions: You hereby consent to sharing your information with third parties unless you specifically opt out. In addition, your access to the Services and Flipverse may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restrictions.
- If you see an offensive, abusive, or any unlawful content on Flipverse, you can report it to customer care of Flipkart.
- Disclaimer of representations and warranties: Your access to and use of Flipverse is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" or "AS AVAILABLE" basis. Flipkart makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, security and non-compatibility or reliability of any content or Services or information; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of Flipverse; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services or Flipverse; and (iv) whether the Services or Flipverse will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the content, Services, offerings or Information on Flipverse, will create any warranty or representation not expressly made herein or therein.
- Limitation of liability: By using or accessing Flipverse, 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 any content, Services, offerings or Information on Flipverse or for any other claim related in any way to your access to Flipverse and/or use of the Services, including, but not limited to, any errors or omissions in any content or information on Flipverse, 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 Flipverse.
- 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.
- Force Majeure: You agree that Flipkart shall be under no liability whatsoever to you in the event of non-availability of Flipverse 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 Third Parties.
- 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.
- 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.
- 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 Flipverse and will be effective immediately after such posting and we recommend that you periodically check these Terms on Flipverse for such revised terms. Your continued use of the Services and/or Flipverse will be deemed to constitute your acceptance of any and all such revised terms.
- Entire agreement: These Terms, the Privacy Policy and any other terms or policies as may be prescribed by Flipkart from time to time including the terms of Firedrops and Flipkart, constitute the entire agreement between you and Flipkart, which will govern your use of or access to the Services and/or Flipverse, superseding any prior agreements between you and Flipkart regarding such use or access.
- 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.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE FLIPVERSE IN ANY MANNER.