DESCRIPTION OF SERVICE AND CONTENT POLICY
- A. FAINDX is the next generation of online classifieds & Listings. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors such FAINDX is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that FAINDX is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
- B. You understand that FAINDX does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside FAINDX’s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service (“Content“), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FAINDX be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that FAINDX cannot and does not pre-screen or approve any Content, but that FAINDX has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to FAINDX’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites (“Third Party Websites“), which are completely unrelated to FAINDX. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. FAINDX makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and FAINDX disclaims all liability thereto.
- C. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize FAINDX to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to FAINDX an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and FAINDX’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by FAINDX in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to FAINDX all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, FAINDX may offer the facility of automatically capturing of the “Description” of your ad based on the images uploaded by you. FAINDX makes no warranty the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or FAINDX remove or delete such Content from the Platform. Further, you grant FAINDX the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
- D. FAINDX does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and FAINDX expressly disclaims any and all liability in connection with User Content. FAINDX does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and FAINDX may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another’s intellectual property rights. FAINDX reserves the right to remove any Content without prior notice. FAINDX may also terminate a user’s access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, FAINDX reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
- 1. that violates any law or regulation;
- 2. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant FAINDX all of the license rights granted herein;
- 3. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- 4. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- 5. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- 6. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- 7. that 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 offense or prevents investigation of any offense or is insulting any other nation;
- 8. that includes personal or identifying information about another person without that person’s explicit consent;
- 9. that impersonates any person or entity, including, but not limited to, an FAINDX employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- 10. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- 11. that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;
- 12. that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;
- 13. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to FAINDX users who have requested not to be contacted about other services, products or commercial interests;
- 14. that includes links to commercial services or Third Party Websites, except as specifically allowed by FAINDX;
- 15. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- 16. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
- 17. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- 18. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- 19. contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third party website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
- 20. make any libelous or defamatory comments or postings to or against anyone;
- 21. collect personal data about other users or entities for commercial or unlawful purposes;
- 22. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- 23. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- 24. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- 25. attempt to gain unauthorized access to computer systems owned or controlled by FAINDX or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
- 26. use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of FAINDX’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
- 27. use any automated device or software that enables the submission of automatic postings on FAINDX without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
By posting Paid Services on the Website you enter into an agreement with FAINDX India, the terms of which are set out herein. Provisions of the Terms relating to the Content shall also be applicable to Paid Services. Further, you continue to be bound by the Terms in connection with your use of the Website and the Services. Currently, we offer the following kinds of features for Paid Services. Only some of these features may be made available to you by us, depending on your usage, category, geographical location and medium of purchase. The terms of Paid Services and the relationship between you and FAINDX India shall be governed by the laws of India. Any claim you may have against FAINDX India must be submitted to the exclusive jurisdiction the courts of New Delhi. We reserve the right to modify the price at which these features are made available to you:
Featured Ads is a feature that enables the display of your advertisement in a designated area of the Website and/or in a highlighted manner (depending on the platform the content is being viewed), so as to distinguish it from other content posted on the Website. In the designated area of the Website pertaining to Featured Ads, Features Ads are listed in a sequential manner. Therefore, it is possible that a particular Featured Ad is not visible to you each time you browse through the Website.
This feature has been provided to enable users to draw attention to their advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative.
The duration for which your Ad will be displayed as a Featured Ad shall be the number of days specified at the time of purchasing the feature or 30 days from the original date of posting the Content on the Website, whichever is earlier. There is no limit on the volume of Featured Ads you may post on the Website. You can purchase a single Featured ad or can avail bulk packages (“Featured ads package”) based on your requirement and such packages may be provided to you on a discounted price as mentioned on the Website. FAINDX reserves the right to limit the extent and manner in which Featured Ads may be edited by you.
Boost to Top is a feature that bumps your advertisement to the top of the listing space in the city-specific category in which the advertisement has been posted. Your ad will remain in that spot until new advertisements are posted in that category, at which point it will move down accordingly in the listing space.
This feature has been provided to enable users to draw attention to their live advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative.
Boost to Top can be availed for an already posted ad, however, it does not increase the validity of an ad which currently in 30 days from the posting date.
Paid ad is a feature, which enables you to post ads even after you have exhausted your free limits in a category. Free limit defines the number of advertisements that you can post for free in each category within a defined periodicity and this limit may differ across categories, usage, and geographical location. For instance, if you have posted 5 advertisements in a category in the last 30 days and the free limit is 5 advertisements per month for such category, you will not be allowed to post a free advertisement after you have posted your third advertisement.
All advertisements posted by you through your account will be counted towards free limits. Any subsequent change of phone number after posting an ad, will not affect the available limits.
Validity of Paid ads:
- Limited Paid ads package – In Limited Paid ads package, you can post a limited number of ads during the validity of the package. Paid ads in this package shall each be valid for 30 days from the date of posting regardless of when it is posted by you during the life of the Limited Paid ads package.
- Unlimited Paid ads package – In Unlimited Paid ads package, you can post unlimited ads during the validity of the package. Regardless of when you post an advertisement during the life of the package, the advertisement will only remain valid during the validity of the package.
Payment for Paid Services
Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site such as Cashfree offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”). FAINDX may offer you a right to pay through cash or other channels such as cash collection. You agree that Paid Services will be made available to you only upon receipt of payment confirmation from the Payment Gateway or collection agencies. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law.
If you choose to delete or deactivate any Paid Services prior to the period for which it is active, we will not be liable to refund you for any unutilized time. In the event you are not able to avail the Paid Services on the Website on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the ad units you were not able to post shall be credited to your account. For example, if you buy a package of 3 Featured Ad units out of which you have consumed only 2 units and were unable to post the remaining 1 ad unit as a Featured Ad on account of a technical glitch during the lifetime of the package validity, you will be credited only 1 unit of Featured Ad to your account.
The above refund policy shall not be applicable in the event any content in your advertisement is found to be violating the Terms or there has been any abuse reported in relation to your advertisement or your advertisement is deleted or not re-posted on the Website on account of any technical reasons due to any subsequent editing done by you.
You understand that when using the Platform, you will be exposed to Content from a variety of sources and that FAINDX is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FAINDX with respect thereto.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to FAINDX email addresses or through FAINDX computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time FAINDX may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the FAINDX email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of FAINDX computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that FAINDX shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that FAINDX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that FAINDX is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release FAINDX, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.