This Listing Policy (“Policy”) shall come into effect immediately after a User (“you” and/or “Seller” and/or “Buyer”) acknowledges and agrees to the Policy. This Policy applies to the “Platform” (hereinafter referred to as “Fakdoo” or the “Site” or “Web Site” or “Emails” or “Mobile Application” or “App” or “Us” or “We”) which is owned and operated by Gcan Info (Opc) Pvt. Ltd., a Private Limited Company (Hereinafter referred to as “Company”).
Please read these conditions carefully before listing any Product or service for purchase or sale or for the jobs on the Platform. By using the Platform, you signify and acknowledge your agreement to be bound by conditions as mentioned in the present Policy. You also hereby agree not to list and/or post and/or provide information in relation to the purchase or sale of goods and services, content or information that are illegal under the laws of the Republic of India. If this Policy or any of its terms and conditions is not acceptable to you/User, you shall strictly refrain from using the Platform or any of its affiliates on an immediate basis.
In addition, to these terms as enumerated in this Policy, usage of the Platform by you shall also be subject to specific terms, guidelines and conditions applicable to that particular good or service.
It is herein specified that violation of the terms of this Policy constitutes an unauthorized use of the services of our Platform which may give rise to an actionable claim by the Platform or its affiliates against you. It shall be further noted that we shall also be constrained to notify the concerned government/statutory authorities in case of any violation of these terms and conditions. Further, should there be any violation of the terms of the Policy your account shall be blocked permanently by Us without serving any notice.
Conduct and Regulate the business in accordance with the existing laws;
Minimize risks presently attributed/future risks of sellers and buyers;
Protect intellectual property rights of our Company as well as the Sellers and Buyers;
Provide a smooth as well as hassle-free buying and selling experience on the Platform;
Failure to comply with the listing guidelines by any User may force us to remove your subscription and listings which shall limit the privileges associated with the account.
Users who breach Fakdoo’s terms and policies shall be notified accordingly to edit the listings and remove all elements which violates/ potentially violates the aforementioned Policy. Failure to do so shall result in the deletion of the Listings of the User. The User understands that the Platform has a feature under the “Report Tab”, wherein any User may report a listed post on the Platform. The User reporting such post, shall also be required to insert a relevant reason for such a Report. Fakdoo will check the veracity of such Report and may take action accordingly as per its discretion. The User further understands the Platform may temporarily restrict the access of such User whose post is being reported. The User may be provided an opportunity to edit such post, after which the post may again be listed as per discretion of Fakdoo. Further, the User understands that in case of repeated reports, or any illegal activity which may affect the functionality of the Platform, or cause any loss, damage to the Platform of whatsoever nature, in such case, the Platform shall have the right to permanently block the User and its listings from the Platform.
Sale: To sell goods or services that do not comply with Fakdoo’s Policy.
Advertisement: To advertise other sales channels in listing.
Switched Listing: To edit existing listing to sell different items from the original listing.
Misleading Discount: To exaggerate the discounts by increasing the price before the promotion.
Unauthorized Copied Listings: Misuse of other seller’s images or listing details without consent.
To sell products and/or services that imitates existing brands.
False Advertising: Indicating authenticity for counterfeit products.
To list the exact same product and/or service multiple times.
Price Spam: To list a product and/or service using extremely low prices.
Keyword Spam: To use a title with irrelevant keywords.
Category Spam: To list a product in wrong categories.
Junk/Vulgarity: To list a product in gibberish content / listing that are not for sale.
The following contains the list of the items which we specifically prohibit any listing or posting of classifieds or information:
a. Alcoholic Beverages, Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, pharmaceutical products, medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860.
b. Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts.
c. Living, dead animal and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts, rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws included but not limited to under the Wildlife Protection Act, 1972 and the Environment Protection Act, 1986.
d. Films/Movies which do not have a certificate for public exhibition issued by the Central Board of Film Certification and or described and depict or otherwise deal with matters which are revolting or repulsive and or tend to deprave a person’s mind in such a way that they tend to offend against the standards of morality, decency and propriety generally accepted by reasonable adults.
e. Prostitution or any other service in the nature there of that purports to violate the provisions of Immoral Act or Indecent representation of women which violates the contemporary standards of morality and decency in Indian society.
f.Products/services which are defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
g. Items concerning and dealing with religious books, artifacts, data, artistic works and literary works, or any information, description of any such item which may affect the religious sentiments of any person or group.
h. Obscene Items includes items which contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; Any publication or film or item that describes or depicts a minor who is, or who appears to be, under 18 (whether the minor is engaged in sexual activity or not) and any computer games not suitable for minor that are unsuitable for a minor to see or play. The Obscene Items shall include but is not limited to adult items and products that is illegal as per the prevailing law for the time being in force, sexually explicit materials including videos and/or photos and/or movies/films having rating of X, XXX, unrated of for adults only, video games having rating of Adult 18 plus, magazines dealing in sexually explicit content. The only exception to the present definition and inclusion of Obscene Items is material which is/proposed to used for education purposes provided the same does not depict nude/sexually explicit content.
i. Offensive Material intended for use in a sexual setting (including "bondage" and "fetish" items,) displaying sexual activity or portraying human genitalia in a "life-like" or realistic fashion.
j. Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system which the intent to damage a computer or computer network or intercept any personal data.
k. Information or items that are defamatory, libelous, threatening or abusive in nature.
l. Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.
m. Counterfeit, Pirated and stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to undertake).
n. "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act").
o. Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purports to breach any persons right to privacy.
p. Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users and/or individuals and/or animals.
q. Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers and explosive devices.
r. Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985. Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959.
s. Items that are used may be sold and listed by the Seller on the Platform provided the same contains a categorical and visible assertion by the Seller that the goods have been adequately cleaned and is safe for use. The only exception to the same shall be the sale of undergarments, lingerie and socks which are prohibited from being listed and sold on the Platform.
t. Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists).
u. Lottery Tickets, Sweepstakes Entries and Slot Machines.
v. Items in violation of the Food Adulteration Act, 1954.
w. Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002.
x. "Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are solely listed for the purpose of defrauding users.
y. Spam, abusive, duplicate, listing, fraud schemes (e.g. "Get rich quick" "work at homes" scams which are solely listed for the purpose of duping users).
z. Inappropriate, Wrong Category (e.g., Kitchen Utensils listed as office furniture).
aa. Incorrect City / Location of Listing (listing allowed only in the city you are based in, of listing.
bb. Products/services which belongs to another person and to which the User does not have any right
cc. Products/services which are harmful to children.
dd.Products/services which infringes any patent, trademark, copyright or other proprietary rights.
ee.Products/services which violates any law for the time being in force.
ff.Products/services which deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
gg.Products/services which impersonates another person.
hh.Products/services which threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation.
ii.Products/services which contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.
jj. Products/services which is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
kk.Securities as defined under the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, other financial instruments/assets.
ll.Plastic which are prohibited under prevailing laws by the Plastic Waste Management (PMW) Rules, 2016 along with the Environmental (Protection) Act, 1986 selling the single use plastic including polystyrene and expanded polystyrene (SUP) goods or packaging including the following:
Ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice cream sticks, polysterene (thermocol) for decoration;
Plates, cups, glasses, cutlery such as forks, spoons, knives, straws, trays, wrapping or packing films around sweet boxes, invitation cards, plastic or PVC banners less than 100 micron, stirrers etc.
a. Any content posted by the User which may violate certain copyrights, trademarks, or other intellectual property rights. Hence, those content shall not be allowed on the Platform as they often violate regulations. It also applies to certain types of information that appear in listings e.g., Replicas, unauthorized copies etc.
b. The Users understand that they can't deny or reject any knowledge of or responsibility for the authenticity or legality of their products and services.
c. The Users shall use their own images and text. In the event of use of any image or text created by the third party, the Users shall have the prior permission from the third party.
d. The Users hereby agree that no prohibited, restricted or potentially infringing item shall be listed for free on our website. Failure to comply with the clause, won’t absolve the liability of the Seller.
The Seller shall list their items at our Platform in the most effective ways possible. As a general rule, they shall:
a. Select a category that matches the product/service for sale and purchase.
b. Provide a clear, precise, and accurate description of the product/service.
c. Avoid spamming as it becomes difficult for people to find what they're looking for.
d. The item description and terms of sale and purchase shall not be included in an image. It must be separately specified in the listing hosted on Fakdoo.
f. Create your own listing content. Don't "borrow" text or images (including photos) from other listings on Fakdoo. It shall be noted that simply because images and text can be found easily on the Internet, conclusion cannot be derived that they aren't protected by copyright laws. Copyright laws apply to the Internet, and copyright owners may object to the use of text or images that they own or have created.
g. The Sellers shall mention their own descriptive text for the listing and put original images of the products.
h. If you are reselling, make sure that all statements and claims in your listing are true and complete. The Proprietors may object to listings that contain false, inaccurate, or misleading claims about their designs/products or services. If you're not sure if a statement you want to make is allowed or is true, review it and rely only on credible sources.
i. Making sure your listing is accurate and complete will not only help you avoid intellectual property concerns, it will also assist Buyers understand what they're buying, as well as the Sellers to understand, which product or service is in demand eliminating miscommunications that might lead to a poor transaction and negative Feedback.
j. You shall not in any manner list replicas, fakes, counterfeits, or other illegal copies on Fakdoo Platform. For instance, you can't list any good/service that bears the brand name or logo of a company/designer/artist that didn't make or authorize the making of the product/service. Under the law, it shall be no excuse to say that you were not aware of the product/service that you were selling was a counterfeit or a pirated copy. You shall be responsible to bear the sole liability in the abovementioned instance.
k. It is hereby stated that it is impossible to review every good/service listed on Fakdoo prior to posting on our Platform, nor are we experts in the products or legal concerns of third parties.
A User shall be required to select a package through subscription model on the Platform. The Platform offers an opportunity to a User to post a single post and/or opt for bulk listing/posting and the fee for the same varies in the Platform. The Packages so provided on the Platform are limited in terms of number of posts and duration, whichever is earlier. For instance, a User subscribes for 30 posts with a validity of 30days. The said User uses entire 30posts in just 10 days. Although, the duration of the validity of the said package is remaining, the maximum limit of posts in the said duration is completely exhausted by the User. Therefore, the User shall not be able to list any further post on the Platform. Likewise, if the said User uses only 5 posts in entire 30 days, although the number of posts of the package are remaining, the validity of the said package is expired.
The Seller shall list their items at our Platform in the most effective ways possible. As a general rule, they shall:
b.Total price of any good or service, along with the breakup price for the good or service, including all the compulsory and voluntary charges and the applicable tax.
c. All mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable.
d. All relevant details about the goods and services offered including country of origin. The name and contact numbers, and designation of the grievance officer of the Buyer/Seller.
e. Terms of exchange, returns, and refund including information related to costs of return shipping. The said information should clearly mention that the Platform does not have any role whatsoever in the exchange, returns, and refund of the good and/or service availed by the customer.
f. Relevant details related to delivery and shipment of such goods or services.
g. Any relevant guarantees or warranties applicable to such goods or services.
h. Whether registered entity; Physical address
i. Rating/aggregated feedback
j. Content is consistent with the actual characteristic, features of goods and services.
Users who violate the prohibited items policy and or the restricted items policy may be subject to the following actions;
a.Suspension or termination of subscription.
b. Reporting to Law Enforcement or Appropriate Authorities.
d. The account of the User may be permanently blocked.