TERMS OF USE

2. FAKDOO- MERELY A VENUE/PLATFORM

Fakdoo acts as an intermediary platform for User to negotiate and interact with other User for entering into negotiations in respect thereof for sale or supply of goods and/or services. Fakdoo is not a party to any negotiations that take place/may take place between the User of the Platform and is further not a party to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User of the Platform.

It is herein stated that Fakdoo does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the User selling or supplying the goods or services to complete a sale or the ability of User purchasing goods or services to complete a purchase. These Terms shall not be deemed to create any partnership, joint venture, or any other joint business relationship between Platform/Company and any other party.

3. LICENSE TO ACCESS

Fakdoo hereby grants You a non-exclusive, revocable license to use the Platform as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Platform in any medium without Fakdoo’s prior written consent; (ii) You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purposes; and (iii) You will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

4. SUBSCRIPTION

Any User may become a subscribed User of the Platform. A proper procedure has been made available on the Platform which is for the convenience of User which shall enable them to easily use the Platform. There are two types of subscriptions that the Platform offers to its User, one being the Premium Subscription and the other being the Supreme Subscription which are distinct in terms of visibility. The User may choose any of the two subscriptions from the Platform at per their discretion, the details of which are mentioned on the Platform. An on-line subscription form on the Platform has to be filled by providing the required information (including name, contact information, details of User, business, etc.). Fakdoo will establish an account for the User and will assign User ID and password for log-in access to the User’s Account.

Fakdoo may at its sole discretion assign to User a web-based email or messaging account with limited storage space to send or receive emails or messages which is allowed and permitted by the Platform by enabling the Users to chat with other Users on the Platform. Users will be responsible for the content of all the messages communicated through the account. The User herein agrees and acknowledges that once the User avails any of the abovementioned subscription models, the fees so paid to the Platform shall not be refunded by Fakdoo.

Users registering on the Platform on behalf of business entities represent and warrant that: (a) they have the requisite authority to bind such business entity under this Agreement; (b) the address provided by such User at the time of subscription/registration is the principal place of business of such business entity; and (c) all other information provided to Fakdoo during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office of a User will not be considered a separate entity and the principal place of business of the User will be deemed to be that of its head office.

5. CANCELLATION AND REFUND POLICY

Once a payment is made, it is non-refundable, and cancellation does not entitle the user to a reimbursement. Even in the event of cancellation, whether before or after payment, funds will not be returned. This policy is binding and applies to all transactions.

6. MODE OF PAYMENT

For the purpose of subscription of the Platform, Fakdoo has collaborated with various third party payment gateways’/ payment processors namely Razorpay Payment Gateway. All the Users are thereby expected to pay the desired amount using these gateways to avail subscription.

The Platform shall automatically raise an invoice/receipt for availing such subscription and the payment shall be as per the requirement.

The amount specified in the Invoice/receipt shall be the total charge to be payable to Fakdoo. The User shall be responsible for the payment of all taxes, duties, levies and charges assessed on it in connection to the purchase at the time of making payment.

The User may provide the Company with its Goods and Services Tax Identification Number (GSTIN) on the Platform. Such details are very crucial and important in order to pass on the credit of GST charged. In case any User misses out and does not provide such details, it shall be assumed by the Company that such User is not registered with the GST authorities, without making any efforts on its own accord in verifying the registration status.

You acknowledge and agree that, notwithstanding any other provision of this Terms of Use, Fakdoo will not be liable for and assumes no responsibility for any losses arising from or in connection with any errors or omissions with respect to payments processed by third party payment processors or any fees or charges (including transaction fees, administrative fees, and currency conversion fees) imposed by third party payment processors or your third party payment service provider or financial institution, including based on your payment method or the currency or payment choices you select to make or receive payments.

7. USER ACCOUNT AND SECURITY

Fakdoo is not responsible for the confidentiality of the User’s Display Name and Password and User shall be responsible for all activities that occur under their Display Name and Password.

By merely visiting the Fakdoo Platform or using the Platform, You agree that if any information provided by you is untrue, inaccurate, not current or incomplete, Fakdoo shall have the right to indefinitely suspend or terminate or block access of your subscription on the Platform.

In case of any unauthorized use/breach of your password or account, You agree to immediately notify Fakdoo and ensure that you exit from your account at the end of each session.

Your registration/subscription on the Fakdoo Platform shall be deemed to be your consent to be contacted for any purpose pertaining to purchase or sell or anything for that matter, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.

You agree and acknowledge that you shall not create any duplicate accounts on the Platform. If any User is found to be using duplicate accounts, legal actions may be initiated by the Company.

8. PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to the Platform, to understand our practices. The personal information/data provided by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. Fakdoo shall be entitled to use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content You provide. If you object to your information being transferred or used, PLEASE DO NOT USE THE PLATFORM.

9. ELIGIBILITY

Use of the Fakdoo Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may sell and purchase only with the involvement of a parent or guardian.

Users represent and warrant that they have the right to avail or use the services provided by the Platform. The Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use our Services.

10. PERSONAL INFORMATION

By using Fakdoo, you agree to the collection, transfer, storage and use of any personal information provided by you on the Platform by the Company. The data is stored and controlled on servers by the Platform as further described in our Privacy Policy. You also agree to receive marketing communications from us unless you specifically indicate otherwise in writing to us through support@fakdoo.com You may send questions about this Terms of Use to support@fakdoo.com

You agree that Fakdoo may use information shared by you to provide customer services and to understand if any other services or advertisement listed on the Platform interests you. You agree that, we may share personally identifiable data of any individual to our agents or recruiters or Affiliates defined as any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, Fakdoo, including its subsidiaries and associate companies.

11. ABUSE OF SERVICES

You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy and/or Privacy Policy or infringes any intellectual property rights by clicking on the help and support link to enable us to keep the Platform working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Platform in keeping with the letter and spirit of this Terms of Use and the listing policy. In the event you encounter any problems with the use of our site or services you are requested to report the problem by clicking on help and support link.

12. TERMS OF SERVICES

a. Fakdoo is a platform for the buyers and sellers to interact and carry out transactions. Fakdoo is not and cannot be a party to or control in any manner any transaction between the Fakdoo users and the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Fakdoo hold any right, title or interest over the products nor shall Fakdoo have any obligations or liabilities in respect of such contract. Fakdoo merely facilitates the engagement of Buyers and various Sellers and provides such other services as are incidental and ancillary thereto. However, Fakdoo reserves the right to terminate the services offered at any time to the Users without any notice.

b. All commercial/contractual terms are offered by and agreed to between Buyers, Sellers and Users providing or availing Job related services. These terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.

c. Fakdoo does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.

d. Fakdoo does not make representation or Warranty with respect to any specifics (such as offers, acceptance, conduct, terms of contract etc.) of the Jobs related listings.

e. Fakdoo does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers, Sellers and Users providing or availing Job related services.

f. Fakdoo is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Fakdoo cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.

g. Fakdoo is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

h. Fakdoo does not hold any title, right or interest in the Products/Services listed on the Platforms. Fakdoo expressly disclaims all obligations and liabilities emanating from an agreement between Buyers and the Sellers on the Platform.

i. Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by Seller may be incorrectly reflected and in such an event the Seller may cancel such order(s).

13. PAYING GUEST FEATURE- SERVICE TERMS

The User, being a potential paying guest or a host may also interact with each other for their transactions on the Platform. Hosts may list their properties on the Platform and paying guests may also list their requirements and/or reserve the accommodation at the prices specified by the host (also User) on the Platform. The Platform disclaims that Fakdoo, hosts, potential paying guests are separate and independent entities and Fakdoo does not work as representative or agent of the either. By making a reservation/booking at the listed properties the paying guest enters into commercial/contractual terms as offered by and agreed to between host and the guest (among the Users) only.

The Platform is mere an intermediary which shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between the Users.

14. USER SUBMISSIONS FOR USING THE FAKDOO PLATFORMS

a. You agree that you are the lawful owner having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for your Information and that we act as a mere platform for your online distribution and publication of your Information.

b. You may use Information on the products and services purposely made available on the Platform for downloading, provided that You do not remove any proprietary notice language in all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and do not make any additional representations or warranties relating to such documents.

c. You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Fakdoo, is responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

d. You must not use the website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity, to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxiety.

e. Your post shall not pertain to good, services of which you are not the lawful owner or you do not have the authority or consent to 'list' which do not belong to you or you do not have the authority for.

f. Your post shall not belong to another person and to which the User does not have any right;

g. You shall not infringe any patent, trademark, copyright or other proprietary rights;

h. You shall not violate any law for the time being in force;

i. You shall not deceive or mislead 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;

j. You shall not impersonate another person;

k. Your listing/posts shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

l. You shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate Fakdoo’s Listing Policy.

m. The Platform offers a feature wherein the Users in order to help/assist the underprivileged, may donate certain articles/goods through the Platform. Such details may be provided under the Tab “I want to help others” of the Platform. You understand that once Fakdoo receives such donations, it will process/transfer the same to the underprivileged through its channels, however, the User making such donations do not have the right to claim the said goods/articles back or ask for any kind of consideration.

15. INTELLECTUAL PROPERTY RIGHTS

All trademarks copyright, trademark, patent, and/or other proprietary rights and Laws and service marks with respect to the services are owned by the Company. The trade names, trademarks and service marks owned by the Company, whether registered or unregistered, may not be used in connection with any product or service that doesn’t belong to the Company, in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting, by implication, estoppels or otherwise, any license or right to use Company’s trade names, trademarks or service marks without the express prior written consent of the Company.

The User understands that the Company is the sole owner and the lawful licensee of all the rights to the Platform and its content ("Platform Content"). Platform Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Platform. The Platform Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Platform and the Platform Content shall remain with the Company, its affiliates or licensor’s of the Platform content, as the case may be.

The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User. In no event shall the Platform be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to its Services. User hereby acknowledges that any reliance upon the Information shall be at their sole risk.

16. LIMITED LIABILITIES AND DISCLAIMER

The User shall indemnify Fakdoo against any responsibility resulting from claims of third parties relating to infringement of their personal rights by the User utilizing the Platform and any data theft or leak of personal information or to Infringement of Intellectual Property Rights connected with the content and software which is not made available by the Platform.

The features and services on the Platform are provided on an " as is " and " as available " basis, and the Platform hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Fakdoo makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Platform including display or listing of tenders on the Platform which in no manner is endorsed by Fakdoo. Fakdoo has no association of whatsoever nature with the publisher and/or the published contents. Moreover, Fakdoo does not facilitate or participate in any sale, delivery, transaction and / or storage related to any product. The Platform does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform does not violate any third party rights; and the Platform makes no representations or warranties of any kind concerning any product or service offered or displayed on the Platform. Any material downloaded or otherwise obtained through the Platform is at the User’s sole discretion and risk and the User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User from the Platform shall create or be deemed to create any warranty not expressly stated herein.

Under no circumstances shall the Platform be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. Users hereby agree to indemnify and save the Company/Platform, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Platform (including but not limited to the display of User information on the Platform) or from User’s breach of any of the terms and conditions of this Agreement. Users hereby further agree to indemnify and save Company/Platform, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Use’s breach of any representations and warranties made by the Platform.

Users hereby further agree to indemnify and save the Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Platform. Users hereby further agree that Company is not responsible and shall have no liability for any material posted by other User or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User, in which event such User shall cooperate with the Company/Platform in asserting any available defences.

The Company/Platform shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

17. REPORT

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 the post listed/posted of/by the User from the Platform.

18. NO THIRD PARTY LIABILITY

At times Fakdoo may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, your Information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and Fakdoo shall not be liable for the use or misuse of your information by such third parties. Fakdoo only collects your personal Information to conduct their business and to enable us to deliver and improve our services. Fakdoo do not for any reason whatsoever sell your correspondence Information to any third party or otherwise trade on it.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (“Content”) is a third party user generated content and Fakdoo has no control over such third party user generated content as Fakdoo is merely an intermediary for the purposes of this Terms of Use. Such Content will become our property and You grant Us the worldwide, perpetual and transferable rights in such Content.

Any web sites that are accessible via links included within the Fakdoo Platform that take you out of the platforms are not under Fakdoo’s control and the Platform shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any website you visit.

19. TERMS & CONDITIONS FOR ANIMALS AND ANIMAL PRODUCTS

20. TERMINATION

These Terms will remain in full force and effect while You are a User of any Fakdoo platform. Fakdoo reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your user content from the Fakdoo platform and immediate termination of Your registration with or ability to access the Fakdoo platforms and/or any other services provided to You by Fakdoo, upon any breach by You of these Terms or if Fakdoo is unable to verify or authenticate any information You submit towards Fakdoo registration. Even after You are no longer a User of the Fakdoo, Terms of use of these Terms & Conditions will remain in effect, including any other reasonable term that the Fakdoo may think fit.

21. INDEMNIFICATION

The User shall at all times defend, indemnify, and hold harmless Fakdoo, Company its officers, employees, and agents from and against all losses, costs, damages and expenses (including legal fees and costs), claims, suits, proceedings, demands and liabilities of any kind or nature to the extent arising out of or resulting from acts or omissions of Fakdoo or its employees, officers, agents or subcontractors. This indemnity shall survive the expiration or termination of this Agreement.

22. WAIVER

No party shall be deemed by mere lapse of time (without giving notice or taking other action hereunder) to have waived any breach by the other party of any of the provisions of this Agreement. Further, the waiver by any party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement. If the User breaches these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

23. FORCE MAJEURE

Any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for. If any Party is prevented from or delayed in performing any of its obligations under this Agreement by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within Fifteen (15) days after the occurrence of such event. The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under this Agreement for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.

24. JURISDICTION

Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by Arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shall be composed of one Arbitrator appointed by the Company. The place of Arbitration shall be at Ahmedabad, Gujarat. The Arbitral procedure shall be conducted in English language and the award/s shall be rendered in English. The procedural Law of the Arbitration shall be Indian Law. The award of the Arbitral Tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian Law, and the Agreement shall be subject to the exclusive Jurisdiction of the Courts at Ahmedabad, Gujarat.

25. ENTIRETY

This entire agreement between the Parties shall supersede all prior agreements and understandings, if any, relating to the subject matter of this Agreement.

26. ALTERATION OR AMENDMENTS TO THE TERMS & CONDITIONS

Fakdoo reserves the right to make changes to the policies, and these terms & conditions at any time. You will be subject to the policies and terms & conditions in force at the time, unless any change to those policies or these conditions is required to be made by Law or Government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

27. CONTACT

User may contact the Company in case of any queries/claims relating to the Platforms or sale and purchase services provided by Fakdoo by filling up the necessary form uploaded on the Fakdoo platform and one of our team members will revert within 7-8 working days to assist you in resolving the problem.