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Welcome to Smart Upgrade Plan.

By choosing to avail of this Plan, You have been offered an instant advance of 30% which is financed by our Financing Partners (“Loan Product”) on the purchase of a range of devices eligible under this Plan. At the end of Your selected tenure, You can either return this device and purchase a new device on the Platform, or repay Your dues towards the Loan Product and continue using the device first purchased. In case you do not exchange your device or repay the amounts for the Loan Product, you acknowledge that Your device may get locked until the overdue payment is made to our Financing Partner. Please refer to the detailed Terms and Conditions of the program below for more information.

INTRODUCTION TO SMART UPGRADE PLAN

This document is an electronic record in terms of Information Technology Act, 2000, and the Rules thereunder 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.

The following are the terms and conditions for the Smart Upgrade Plan (hereinafter referred to as “Smart Upgrade Plan” or “Plan”). Smart Upgrade Plan is offered jointly by Flipkart Advanz Private Limited (“FAPL”) and by Fair Value Retail (”Fair Value Retail”) in conjunction with participating brands on the platform www.flipkart.com/ Flipkart M App/Flipkart Lite Platform (“Platform”), operated by Flipkart Internet Private Limited (”Flipkart”) and is being offered to select customers of the Platform (“You”) who are eligible for this Plan as per the policies of FAPL and its Financing Partners.

These terms and conditions are to be read along with the Flipkart Advanz Services Terms and Conditions, Privacy Policy and Loan Agreement of the Financing Partners, and the Privacy Policy of the Platform, along with any other relevant Platform terms and documentation that may be applicable to the transactions relevant to the Plan. By enrolling or registering to this Plan, You agree and consent to the collection, usage, storage, transfer, sharing or otherwise processing of personal information or sensitive personal information provided by you in accordance with these policies.

Capitalised terms not defined herein shall have the same meaning as described in the Flipkart Advanz Services Terms and Conditions. In the event of any inconsistency or conflict, these terms shall prevail over the others, unless expressly stated otherwise herein or in the other terms and documentation applicable to You.

You agree to be bound by these terms and conditions while purchasing the Smart Upgrade Plan.

ELIGIBILITY

To avail of this plan, You must be :

1. A resident of India and must be 18 years of age or above;
2. You must be an approved customer of the Financing Partner of FAPL and considered eligible for the Loan Products associated with this Plan; and
3. You must be an end-customer and not a reseller/retailer/distributor.

PLAN DESCRIPTION

You can choose to purchase and apply this Plan against purchase of eligible devices and/or products (“Plan Product(s)”) on the Platform. The tenures applicable on the Plan and Plan Product may vary from 12 months, 18 months to 24 months (“Plan Tenure(s)”). Upon adding the Smart Upgrade Plan digital listing to cart along with the Plan Product, an advance against the exchange value will be applied on the transaction (“Instant Advance”). You can use payment modes supported by the Platform for Your particular order for the Plan Product, including Cash-on-Delivery and No-Cost EMIs. However, you will not be able to use Flipkart Pay Later or Flipkart Pay Later EMIs. At the end of Your selected Plan Tenure, You will be required to either (i) give back the Plan Product in exchange for a new product (“Upgrade Product(s)”) or (ii) repay the Instant Advance amount to FAPL or its Financing Partners, thereby clearing Your dues towards the Loan Product in connection with this Plan.

If You fail to do either of the above, it will be construed as a breach of the terms of this Plan and accordingly, you understand and agree that as a part of the terms of this Plan’s service or features, FAPL, its Financing Partners, Fair Value Retail and/or its authorised service providers, including partner brands and their service providers, shall be entitled to deploy a device lock technology against the Plan Product purchased by You under this Plan. This will be deployed on certain categories of products. By enrolling to this Plan, You agree and hereby provide consent to Fair Value Retail, its affiliates, service providers a right to share and process IMEI number and to remotely configure certain functions (including message notifications, enforce device lock etc.) of the Plan Product. IMEI number is not used to track or monitor the device but is used only to remotely lock the device in event of breach of the terms of the Plan.

You agree that this device lock will be instituted till such time You make the payment of the due amount under the Plan. FAPL, its Financing Partners, Fair Value Retail, the Platform and/or the partner brands shall not be responsible for any direct and/or indirect losses suffered by You due to the locking of the Plan Product due to breach of terms and conditions of this Plan.

KEY TERMS AND CONDITIONS

In case the Smart Upgrade Plan is clubbed with other offers on the Platform, benefits of this Plan will be applied first.
The Smart Upgrade Plan shall be available only in select pin codes. Please check whether Your pin code is eligible for the Plan before proceeding to avail of this Plan.
The Smart Upgrade Plan can only be availed along with any other product exchange offer being run on the Platform if the net cart value is greater than zero.
The Plan Product shall not be eligible for resale during Your selected Plan Tenure. You undertake and warrant not to sell, alienate, lease, rent the Plan Product during the Plan Tenure and acknowledge that doing so shall be construed as a breach of the terms of this Plan.
Further, You shall be permitted to give back the Plan Product or repay the Instant Advance as per the timelines communicated to You, which shall be visible in the ‘My Orders’ section of the Platform.
You must purchase the Plan Product and the Upgrade Product on the same Platform, and both must belong to the same Product category.
The Smart Upgrade Plan shall not be available on Flipkart Quick.
The Plan fee may vary depending on the product or category of products. The Smart Upgrade Plan is non-transferrable and non-refundable. However, In the event the transaction for the Plan Product is cancelled or returned within the cancellation or return period as may be provided on Flipkart platform, the price paid for the Smart Upgrade Plan shall be refunded along with the price paid for the Plan Product.
If You purchase a device with Smart Upgrade Plan and have availed the benefit of the Instant Advance, the Smart Upgrade Plan will continue to be applicable unless You return the Plan Product or cancel the order for the Plan Product as per the return and cancellation policies of the Platform.
Failure to exchange the Plan Product or repay the Instant Advance amount at the end of the Plan Tenure could lead to Your Plan Product getting locked until you exchange the Plan Product or repay the Instant Advance amount.
Further, failure to replay the Instant Advance amount in the due time (if You do not to exercise the Upgrade Option) could lead to a negative impact on Your bureau score.
You acknowledge and agree that FAPL, Fair Value Retail, the Financing Partners, the Platforms, their service providers, partners and affiliates have the right to contact you or notify you from time to time electronically or via post, SMS or calls to Your phone number or addresses, including through the Plan Product for the purposes of and in connection with this Plan from time to time.
Flipkart or its affiliated apps may be installed automatically on the device during the Plan Tenure. During the Plan Tenure, You shall not uninstall or change the settings of the installed app for any reason whatsoever. You shall not attempt in any manner to jailbreak the Plan Product under this Program. In the event you or any third party attempt to jailbreak, reverse engineer, disassemble, or destroy the Plan Product during the Plan Tenure, this shall be considered a material breach of the terms of this Plan. You shall be liable to indemnify and hold harmless FAPL, Fair Value, the Platforms, its affiliates, directors, partners (including Financing Partners) and outsourced service providers from any claims that may arise in connection with such breaches of the terms of this Plan.
You are not entitled to receive cash or any other form of compensation in lieu of the Instant Advance amount.
You can settle your dues towards the Instant Advance for this Plan using a Debit Card, Net banking and UPI, or any other permissible payment method as may be notified by FAPL to You.
Partial Payment towards the Advance amount shall not be permissible under this Plan.
If the Plan Product is defective or dead-on-arrival and is exchanged for another device of the same model as the original device as per the Platform’s policies, then the timeframe for the Smart Upgrade Plan shall commence from the date of delivery of the Plan Product.
You acknowledge that as part of its marketing and promotional activities, FAPL and/or the participating brands may as a part of its promotional offers, bear the interest, if any, charged on the Instant Advance sourced by FAPL through the Financing Partner to You.
In the event that you choose to exercise Your Upgrade Option and give back Your Plan Product, no refund shall be offered on any other benefits or plans valid on Your Plan Product. Further, any benefits purchased in relation to the Plan Product shall not apply or be carried forward to the Upgrade Product.

UPGRADE TERMS

In case You decide to opt to upgrade Your Plan Product under the Smart Upgrade Plan by exchanging your Plan Product for an Upgrade Product at the end of Your Plan Tenure (“Upgrade Option”), You agree to the following terms:

○ The Upgrade Option can be exercised only upon purchase of eligible products and/or devices on the Platform.

○ The Upgrade Option shall only be exercised by You through Your account registered with the Platform through which the Plan Product was purchased, and not through any other account.

○ You agree that a nominal fee may be charged by the authorised field executive or agent when picking up the Plan Product;

○ You cannot club this Upgrade Option with any other product exchange or upgrade offer.

○ The Upgrade Option is only applicable against devices belonging to the same category of products. For example, mobiles can be exchanged only with eligible mobile device and laptops can only be exchanged with eligible laptops . Customers cannot exchange mobile phones with laptops or vice-versa.

○ The redemption of the Upgrade Option shall be subject to the quantity restrictions placed on the Platform by the relevant seller(s) for a particular model of a device. To clarify, if there is a quantity restriction on the purchase of the new device, and You have already purchased the maximum quantity without availing the Smart Upgrade Plan, the Upgrade Option cannot be utilised against any units over and above that maximum quantity. For example, if there is a restriction that only 5 units of ABC model of a device can be purchased, and You have already purchased five units (without availing the Upgrade Option under Smart Upgrade Plan), You cannot redeem the Upgrade Option against the sixth unit.

○ You are required to return the Plan Product along with the original box, charger, and accessories of the Plan Product while availing the Upgrade Option. The original box should not hold any tears or dents, and the original Plan Product, its charger and accessories should be in working condition, without any damages or missing parts. In case You fail to provide the original box, charger and other accessories for the original device under the conditions specified above, the device will not be eligible for Upgrade Option and You will need to pay the due amount towards the Instant Advance.

○ If You choose to exercise the Upgrade Option, the authorised field executive shall visit Your location for the pick-up of the Plan Product while delivering the Upgrade Product to You.

○ You must ensure that You are handing in the same Plan product that was originally purchased using the Plan.

○ The Serial number / IMEI number of the product that is given back should match with the Plan Product that was originally purchased using the Plan.

○ Before Your Plan Product can be successfully picked up under the Upgrade Option, the field executive shall conduct thorough checks on the Plan Product.

If the Plan Product is a smartphone, You must ensure that:

The operating system of the Plan Product isn't rooted or modified.
The Plan Product is switching on and remains in the On mode for a minimum of 30 seconds without being connected to a charger.
The IMEI of the Plan Product provided by You on the Platform at the time of purchase of the Upgrade Product is correct and there is no mismatch.
Device screen and the body of the Plan Product is not in damaged or broken condition and the Plan Product is in working condition.
There are no cracks in the body of the Plan Product or on its screen. The screen has to be intact, and buttons should not be missing or damaged. The display should not have any spots or dead pixels.
Original box, charger, headphones and accessories must be in good working condition.
Screen lock is not active and all forms of screen locks like pattern, pin, password, fingerprint, face recognition, smart lock, etc. need to be deactivated.
Please note that online quality check may be conducted, and no test shall be skipped.

If the Plan Product is a Laptop or Tablet,

The Laptop or Tablet should switch on and should be in the ON mode for a minimum of 30 seconds without being connected to a charge.
Laptop or Tablet with the following issues will not be picked up in case of any of the following conditions being met:
- Laptop or Tablet screen and the body of the Laptop or Tablet should not be damaged or broken.
- Dead pixels, spots, lines or static on any part of the screen/display
- Cracks on the screen or light emitting from the side of the screen
- Cracks on the panel, dents in the body, Swollen Laptop or Tablet and Laptop or Tablet with missing buttons missing
- Laptop or Tablet with a damaged charging port.
- Original box, charger, cable, headphones and accessories part of sales package to be returned in good working condition
- Screen lock should not be active (all forms of screen lock viz; pattern, pin, password, fingerprint, face recognition, smart lock, etc. need to be deactivated).
- All controls and inputs should perform the desired function
- There should not be any scratches on the Laptop or Tablet

If the Plan Product is an Appliance,

The appliance screen and body must not be in a damaged or broken condition.
There should be no cracks / physical damages in the body of the appliance or on the screen.
In case the Plan Product is a Television: the television should switch on and there should be no issues with respect to audio / video. There should be no physical scratches, no scuffs or dents on the body, no scratches on the screen. Display should not have any spots or dead pixels. There should not be any discoloration, spots, horizontal or vertical lines or static on a part of the screen, muddled or no display.
In case the Plan Product is a Washing Machine: the Washing Machine should switch on and there should be no issues with respect to drum rotation and display. There should be no physical / functional damage or rust on the body / base / internal drum of the appliance.
In case the Plan Product is a Refrigerator: the Refrigerator should switch on and there should be no issues with respect to cooling. There should be no physical / functional damage or appliance body issues like cracks, dents, rust, gasket or liner issues. Refrigerator Interiors should be clean. The light of the refrigerator should turn on and the cooling system should be working.

○ If the Plan Product and its accessories satisfies all the quality checks stated above, only then will You be eligible for the Upgrade Option. If any or all of the quality checks stated above are not satisfied, the transaction may be cancelled and You will need to make a payment for the Instant Advance amount. The quality check shall be to the satisfaction of Fair Value Retail’s field executive and their decision shall be final in this regard.

○ After the Upgrade Option is exercised successfully, You acknowledge that You shall not have any claim/ownership over the Plan Product and its accessories.

○ The Upgrade Option can be exercised only on purchase of the Upgrade Device to be delivered in eligible pincodes. You are required to check whether the pincode is eligible for the Upgrade Option prior to exercising this option. In the event of a change in Your address (from the original address which was given) while exercising the Upgrade Option, it is to be noted that the Upgrade Option shall be exercisable only if the new address falls within the pincodes which are serviceable by the Platform and/or its sellers, affiliates or service providers as applicable.

GENERAL TERMS AND CONDITIONS

● You releases and hold harmless FAPL, Fair Value Retail, the Financing Partners, Platforms and their agents, affiliates, directors and employees from and against any claims, damages, or liability of any kind, including personal injuries, death, or property damage, or any direct, indirect, consequential, incidental or other damages, which You or a third party may suffer as a result of (i) Your participation in this Smart Upgrade Plan or (ii) locking of the Plan Product due to any breach of the terms and conditions of the Smart Upgrade Plan by the Customer; or (iii) postponement or cancellation of the Smart Upgrade Plan.

● The Smart Upgrade Plan is valid on selected ranges of products and is valid only for a limited period of time. The Plan is subject to availability of stocks.

● You authorise the Platform to share information including but not limited to contact details, transaction details, device information including IMEI etc. with Fair Value Retail, FAPL, the Financing Partners and their affiliates/agents/service providers for the purposes of services they may provide, or communications they may carry out in relation to the Smart Upgrade Plan, or for verification purposes.

● In the event Your personal information of Yours is collected, used or shared under this Plan, the same shall be done in accordance with Fair Value Retail's privacy policy and Flipkart's privacy policy here: http://www.flipkart.com/s/privacypolicy.

● The operation of the Smart Upgrade Plan is subject to force majeure events and on the occurrence of such an event, the Smart Upgrade Plan may be withdrawn at the sole discretion of FAPL and Fair Value Retail. FAPL and Fair Value Retail shall not liable for damages under any circumstances.

● For any queries in relation to the Smart Upgrade Plan, please contact Flipkart customer care at 1800-208-9898.

● FAPL, Fair Value Retail, the Financing Partners, the Platforms, their affiliates or agents or service providers shall not accept any liability pertaining to any claims You may have with respect to the products purchased in connection with the Plan, with respect to their quality, merchantability, fitness, delivery or after sales service or for any other reason. You understand that any such claims do not waive Your obligation towards the Financing Partner to repay Your dues in connection with the Plan.

● FAPL and Fair Value Retail along with their agents or service providers shall be solely responsible for fulfilling the terms of this Smart Upgrade Plan. The Platform shall not be liable for any loss, injury or any other liability arising to the customers as a result of these parties failing to honour their respective obligations in connection with this Plan.

● Smart Upgrade Plan is subject to applicable state and local laws and regulations.

● By entering into this Smart Upgrade Plan, You agree to indemnify and keep FAPL, Fair Value Retail, the Financing Partners, the Platform and their agents/employees/directors harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney's fee) that may be suffered by them as a consequence of (i) violation of these terms by You; (ii) violation of applicable laws by You; (iii) any fraudulent action, or any action or inaction resulting in willful misconduct or negligence on Your part.

● You understand that the FAPL, Fair Value Retail and/or the Financing Partner reserves the right to vary, alter or modify the terms of the Flipkart Advanz Services or the Loan Products including the terms of the Smart Upgrade Plan offered thereunder, at their sole discretion. Using the Flipkart Advanz Services to avail a Loan Product once does not entitle automatic eligibility to avail similar products in the future, and the respective Financing Partner shall have the sole right to extend or restrict such eligibility.

● All taxes or liabilities payable to any regulatory authority shall be borne by You and/or billed to Your account.

● Jurisdiction: This Agreement will be governed by and construed in accordance with Indian laws. These Smart Upgrade Plan Terms and Conditions shall be governed by the laws of India. Any disputes in relation to the Smart Upgrade Plan shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bengaluru. A sole arbitrator shall preside over the arbitration proceedings with such sole arbitrator appointed by FAPL.

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