API Terms Of Use¶

Scope¶

Your usage or access to APIs shall be solely in conjunction with Flipkart’s platform, services, applications, and supported thrid-party applications.

Eligibility for Use¶

All sellers registered with the Flipkart Affiliate Program shall be eligible to access the APIs in accordance with the terms and conditions under this ToU.

License Grant¶

The APIs are owned by Flipkart and are licensed to You on a royalty-free, non-transferable, non-exclusive, non-sub-licensable basis during the term of this ToU. Except as otherwise provided in this Terms of Use, Flipkart retains all right, title, and interest in and to all intellectual property rights embodied in or associated with the APIs.

Usage Guidelines¶

While using or accessing Flipkart APIs You agree not to:

• Reverse engineer, decompile, disassemble, or translate the API, or otherwise attempt to derive source code, trade secrets, or know-how associated with the same.
• Sub-license, distribute, create derivative works of, assign, or otherwise transfer or provide access to any third-party, except as expressly permitted herein.
• Use the same for any illegal, unauthorized, or other improper purposes.
• Use it in a similar or competitive platform.

Support¶

You acknowledge and agree that this agreement does not entitle You to any support for the licensed materials, unless otherwise provided in an order agreement, and any such support provided shall be subject to the terms of this agreement as modified by any order agreement.

Disclaimer of Warranty¶

To the maximum extent permitted by applicable law, the APIs are provided “As Is” without warrants, conditions, representations, or guaranties of any kind, either expressed, implied, statutory, or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, non-infringement or fitness for a particular purpose. Flipkart does not warrant that the operation of APIs will meet any of your requirements or that the use of the same will be error-free, uninterrupted, virus-free, or secure.

Your use of the APIs is at Your own risk, and You will be solely responsible for any damage resultant of usage, including but not limited to, any damage to Your systems or loss of data.

Confidentiality¶

You may be given access to certain information, software, and specifications relating to the APIs (“Confidential Information”) which are proprietary and confidential to Flipkart. You shall use such information only as necessary in exercising Your rights granted in this agreement. You may not disclose any of this Confidential Information to any third party without Our prior written consent. You agree that You will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that You would use to protect Your own confidential and proprietary information of similar nature, and in no event with less than a reasonable degree of care.

Trademark Usage¶

You shall not use the name or trademarks of Flipkart in Your advertising or other publications or in any other manner without prior written consent of Flipkart.

Rate Limits¶

Affiliate API calls are limited to 20 calls per second.

Your will not at any time, exceed the prescribed request volume limits for usage of API. In case of Your usage exceeding the limits prescribed, Flipkart may, at its discretion, terminate or suspend Your access to APIs at any time.

Limitation of Liability¶

In no circumstance will Flipkart be liable to you for any indirect, special, incidental, exemplary, punitive, or consequential damages, or any loss of or damage to data, business, goodwill, or profits arising out of or in connection with this ToU.

Indemnity¶

To the maximum extent permitted by applicable law, You agree to hold harmless and indemnify Flipkart, its directors, officers, agents, and employees from and against all and any actions, suits, claims, proceedings, damages, liabilities, losses, expenses, or costs (hereinafter referred to as “Claim”) (1) arising from any third-party Claim in any way related to Your usage of APIs, (2) violation of law, (3) breach of confidentiality obligations, and (4) unauthorized use or violation of Flipkart’s intellectual property rights.

Termination¶

Flipkart may immediately terminate this agreement, at its sole discretion, at any time, for any reason, by providing notice to You. You may terminate this agreement, at any time, by ceasing Your access to the API. Upon termination of this agreement, all licenses granted herein shall immediately expire and You agree to cease use of APIs and related materials immediately.

Miscellaneous¶

Governing Law

This agreement shall be governed in accordance with the laws of India. The courts at Bangalore, Karnataka, shall have the exclusive jurisdiction to settle any and all disputes arising out of this Terms of Use.

Independent Parties

You agree that notwithstanding anything to the contrary contained herein, the relationship between You and Us the shall be a principal-to-principal relationship, and nothing contained herein shall be deemed to construe You to be Our agent, servant, partner, joint venture partner, subsidiary, or associated or group company.

Others

If any provision of this Terms of Use is held by court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such a provision shall not affect the other provisions of this ToU, and all provisions not affected by such invalidity shall remain in full force and effect.

Flipkart’s failure to exercise or enforce any right or provision of this ToU shall not constitute a waiver of such right or provision.

This ToU shall constitute the entire agreement between You and Us with respect to the subject matter hereof, and there shall be no terms, obligations, covenants, representations, warranties, statements, or conditions, other than those contained herein.