Terms and Conditions
Terms And Conditions
This document is an electronic record as per the Information Technology Act, 2000 (hereby referred to as the “Act”) and rules made under it as applicable and provisions relating to electronic records in various statutes as amended by the Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Unless otherwise provided by context, wherever the rights, privileges and responsibilities of the Platform are referred to, it shall mean to include the rights privileges and responsibilities of the Company.
PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING AND IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.
Additional terms and conditions may apply to You in respect of availing specific services and/or to specific portions or features of the Platform, including but not limited to, Services, any other additional services as may be offered by us from time to time, contests, offers, schemes, promotions or other similar features, all of which terms are to be read as part of these Terms. You agree to abide by such other terms and conditions, including, where applicable, representing that You have the legal capacity to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any specific service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service. We expressly reserve the right at any time, to add to and/or alter, modify, change or vary all or any of the terms and conditions or to replace wholly or in part, the contests, offers, schemes, promotions etc. with another contest, offer, scheme, promotion etc. or to withdraw it altogether.
For the ease of reference, this document is divided into following sections:
- I. General Terms; and
- II. Specific Terms
The Platform is utilized by the Users to meet, interact with each other in connection with sale and purchase by buyers (“Buyer”) products listed third-party sellers (“Seller(s)”) on the Platform. The Platform is not and cannot be a party to or control in any manner any transaction between the Platform's Users.
I. GENERAL TERMS:
1. APPLICATION AND ACCEPTANCE OF THE TERMS:
- (i) Your use of the Platform’s services, features, functionality, software and products (collectively the “Services” hereinafter) is subject to the Terms.
2. PROVISION OF SERVICES:
- (i) You must register on the Platform in order to access and use the Services. Further, We reserve the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that We may impose in Our discretion.
- (ii) In case You avail services while accessing the Platform, that may be supported and/or provided by third-party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. We disclaim all liability for any claims that may arise pursuant to your use of services provided by such third- party service provider(s).
- (iii) User agrees and confirms that any Services provided to You by Us are on best efforts basis and We may engage services of third-party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.
- (iv) User acknowledges that the Services are being provided to You on an ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that We reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.
- (v) We may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Us.
The Platform is available for use and access to Users, shall be a person, who can form legally binding contracts under Indian Contract Act, 1872. If You are a minor i.e., under the age of 18 years, You may use the Platform only with involvement of a parent or guardian.
For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.
We retain the right to deny access to anyone who We believe has violated any of these Terms.
4. USER ACCOUNTS AND VERIFICATION OF ACCOUNT:
- (i) To access and use the Services, You must register for a Gostor Account. To complete your account registration, You must provide us with your full legal name, business address, phone number, a valid email address, and any other information as may be required by us for the purposes of registration on the Platform. Except with our approval, one User may only register one account on the Platform. We may cancel or terminate a User’s account if We have reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, We may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
- (ii) A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on Your Gostor Account on the Platform or by using the unique OTP will be deemed to have been authorised by You and with Your express consent. You shall be solely responsible for maintaining the confidentiality and security of Your user ID and password and for all activities that occur under Your account. You agree that all activities that occur under Your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by You.
- (iii) When you access the Platform, You are electronically communicating with Us. We may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Us with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Us.
5. TRANSACTIONS BETWEEN BUYER AND SELLER:
- (i) We are merely a facilitator and are not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase on the Platform.
- (ii) When a product is listed for sale on the Platform by a Seller, products sold to Buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the Buyer and the Seller.
- (iii) All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation to 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. We do 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 You and the Sellers.
- (iv) We do not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
- (v) We are not responsible for any non-performance or breach of any contract entered into between Buyers and Users. We cannot and do not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
- (vi) At no time shall We hold any right, title or interest over the products nor shall We have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. We are 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.
- (vii)For any Services, We do not represent either the Sellers or the Buyer in specific transactions. We do not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform.
- (viii) Each User acknowledges that it is fully assuming the risks of conducting any sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.
- (ix) We shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between Buyer and the Seller of the products or any third-party that is rendering services to you.
- (x) In the event that any User has a dispute with any party to a transaction such User agrees to release and indemnify Falcon (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from Our site to avail of any independent services related to the transaction of buy-sell conducted on the Platform from any third-party.
- (xi) We do not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Buyer and the Seller. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the products purchased by the Buyer from the Seller and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the Seller and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and we will not be made a party to any such issue and/or dispute between the Seller and the Buyer.
- (xii)The User(s) shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws.
- (xiii) You understand, accept, and agree that Falcon is neither a banking nor financial service, but merely a facilitator of information to a payment aggregator that is providing an electronic, automated online electronic payment facility for receiving payment, collection and remittance for transactions on the Platform. You have specifically authorised such third party service provider/ payment aggregator to collect, process, facilitate, and remit payments and / or the transaction price electronically to and from Buyers in respect of transactions through payment facility. Further, any cash on delivery (COD) shall be collected by Falcon or its service provider and you authorize Falcon and/or its service provider to collect the COD and remit payments to and from you in respect of transactions.
6. USER(S) GENERALLY:
- a) Contents Posted on Site
- You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, details about the product published on the listing pages or other materials or information posted or transmitted to the Platforms (collectively, "Content"). Such Content shall be licensed to Falcon throughout the universe.
- (i) You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Falcon, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
- (iii) Any information provided by you on this Platform shall not be 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.
- (iv) You may not post or transmit Content, if it in any way:
- (a) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, pornographic, bigotry, invasive of another’s privacy including bodily privacy, hatred or physical harm of any kind against any group or individual, insulting or harassing on the basis of gender, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
- (b) harasses or advocates harassment of another person;
- (c) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- (d) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- (e) infringes upon or violates any third-party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- (f) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright Complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated music or links to pirated music files;
- (g) violates any law for the time being in force;
- (h) impersonates another person;
- (i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- (j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- (k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- (l) is harmful to child and/or contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);
- (m) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein) to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- (o) solicits money laundering, gambling or engages in any gambling activity which Falcon, in its sole discretion, believes is or could be construed as being illegal; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices, or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- (p) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- (q) interferes with another user's use and enjoyment of the Platform or any other individual's user and enjoyment of similar services; or
- (v) You must use the Platform in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
- (vii)You understand that Falcon has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- (ix) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Falcon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
- (x) It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platforms and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. Falcon does not approve of such unauthorized uses but by using the Platform You acknowledge and agree that Falcon is not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
- (xi) Falcon shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, whether direct or indirect in DoS/DdoS (Distributed Denial of Services) attack or any other cybercrime.
c) Your Account
You agree that any use of the Platform is at your own risk and Falcon is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. Products sold on the Platform are not for people below aged 18, however any products available for children below age 18, can be bought by adults.
7. BREACHES AND SUSPENSION:
- (i) If any User breaches any Terms, or if We have a reasonable ground to believe that a User is in breach of any Terms, or could subject Falcon or its affiliates to liability, or is otherwise found inappropriate or unlawful in Our opinion, We shall have the right to take such disciplinary actions as it deems appropriate, including without limitation to:
- (a) suspending or terminating the User’s account and any and all accounts determined to be related to such account by Falcon in its discretion;
- (b) blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
- (c) removing any product listings or other Content that the User has submitted, posted or displayed;
- (d) withhold settlement of payments by Falcon to the User;
- (e) any other corrective actions, discipline or penalties as Falcon may deem necessary or appropriate in its sole discretion.
- (ii) We do not pre-screen any content or information posted, published or transmitted on the Platform by the users and We are under no obligation to pre-screen any such content or information. However, We may at our discretion and/or in accordance with applicable law may voluntarily take down any content or information posted by you on the Platform and if We determine that any content or information is in violation of these Terms, We may remove such content or information from the Platform without notice. Such actions do not in any manner negate or dilute our position as an intermediary or impose any liability on Us with respect to content or information posted, published or transmitted by users on the Platform.
- (iii) Notwithstanding anything contained herein these Terms, We may with or without notice and in our sole discretion be entitled to suspend, reduce visibility of the product listings, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform, performance of the User on the Platform, etc.
- (iv) In the event a User becomes inactive or if no transaction is noticed by Us, in such a case We reserve our right to delist, deactivate or suspend a User’s account in our sole discretion, with or without giving any notice to the User.
- (v) We reserve the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, We may disclose the User's identity and contact information, if requested by any third- party, government or law enforcement body, an injured third-party, or as a result of a subpoena or other legal action.
8. LIMITATION OF LIABILITY AND INDEMNITY:
- (i) To the maximum extent permitted by law, the Services provided by Us on or through the Platform are provided "as is", "as available" and “with all faults”, and We hereby expressly disclaim 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, and undertakings are hereby excluded.
- (ii) To the maximum extent permitted by law, We make no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Platform; We do not represent or warrant that the manufacture, importation, export, 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 We make no representations or warranties of any kind concerning any products or services offered or displayed on the platform. Except as provided herein, to the fullest extent permissible by applicable law, the aggregate liability of Falcon for any claims that may arise in connection with these terms shall not exceed an amount of INR 1000/-.
- (iii) Under no circumstances will Falcon be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on platform or any services availed, even if We have been advised of the possibility of such damages.
- (iv) While availing any of the payment method/s offered by Falcon, Falcon is neither responsible nor takes any liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
- a) lack of authorization for any transaction/s,
- b) exceeding the preset limit mutually agreed by You and between your "Bank/s",
- c) any payment issues arising out of the transaction, or
- d) decline of transaction for any other reason/s.
9. FORCE MAJEURE:
Under no circumstances, Falcon shall be held liable for any default, losses, delay or failure or disruption of the content or in the performance of its or User’s obligations under this Agreement, or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non- performance of third parties.
10. INTELLECTUAL PROPERTY RIGHTS:
- i. Falcon is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with Falcon or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by Falcon are hereby reserved.
- ii. "Falcon " and any other related icons and logos are registered trademarks of Falcon Internet Private Limited (or its licensors), in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- iii. Falcon may, at its sole discretion, permit the User(s) of the Platform, in writing, to use “Falcon” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by Falcon.
- iv. All text, graphics, photographs, trademarks, logos, and artwork available or accessible on the Platform are third-party user generated content and Falcon has no control over such third-party user generated content as Falcon is merely an intermediary for the purposes of these Terms.
- v. You shall be solely responsible for any content or information posted or transmitted on the Platform and shall indemnify Falcon against any claim or liability arising from any content or information posted or transmitted by You on the Platform. Any content or information such as but not limited to images, text, videos posted or transmitted on the Platform shall be licensed to Falcon by the User uploading such content and Falcon shall have the worldwide, fully paid-up, perpetual and transferable license in such content or information for the purposes of its use on the Platform and for any purposes Falcon deems fit. You shall not be entitled to any payment or compensation for any usage of the content by Falcon.
- (i) All notices or demands to or upon Falcon shall be made in writing and sent to Falcon personally, by courier or e-mail to the following address: No.1668A, G+5, RJP Towers, 27th Main Road, Parangipalya, 2nd Sector, HSR Layout Bangalore, Karnataka – 560102, Attn: Legal Department. The notices shall be effective when they are received by Falcon in any of the above-mentioned manner.
- (ii) All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier or registered email to the last-known correspondence or email address provided by the User to Falcon, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as Falcon may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) Falcon is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Falcon posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.
12. MISCELLANEOUS PROVISIONS
- (i) Unless otherwise communicated to you by Falcon, the Terms constitute the entire agreement between User and Falcon and govern the User’s use of the Platform and any of the Services. The Terms shall supersede any prior written or oral agreements that you may have had in relation to the use of the Platform and any of the Services.
- (iii) Falcon and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (a) give either party the power to direct and control the day-to- day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever.
- (iv) If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
- (v) Falcon ’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of Falcon ’s right to act with respect to subsequent or similar breaches.
- (vi) Falcon shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Falcon). User may not assign, in whole or part, the Terms to any third-party or person.
- (vii) The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India.
13. GRIEVANCE MECHANISM
- (i) The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to processing of information to the Grievance Officer at the contact details mentioned in 12 below. We will endeavor to resolve your grievances and concerns within timelines as mentioned under applicable laws.
- (ii) In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
Mr. Rishiraj Singh Rathore
Grievance Officer, Falcon Internet Private Limited,
No.1668A, G+5, RJP Towers, 27th Main Road, Parangipalya, 2nd Sector, HSR Layout
Bangalore, Karnataka – 560102, Phone: 08068001177
Time: Mon - Sat (9 AM - 6 PM)
- 14. This site is controlled and operated by Falcon and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- 15. Falcon respects the intellectual property of others. In case You feel that Your trademark has been infringed, You can write to us at email@example.com.
Notice of Infringement
Falcon Internet Private Limited
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
I may be contacted at: Name ___________________________________________________________
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
Date _________________________________________________________________ and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________ on [date] ___________________________________
in [place]________ Truthfully,
- Addendum to Notice of Infringement:
- List of Allegedly Infringing listings or products
- A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Falcon will inform Sellers of the specific reason for the removal of their products.
- Select the most appropriate reason. Please associate each item you report with only one reason code.
- Trademark owner doesn't make this type of product or has discontinued the production of the product
- Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
- Trademark-listing description infringement
- Listing(s) has unlawful comparison to trademark owner's brand or product
- Listing(s) contains unlawful use of trademark owner's logo
- Copyright-item infringement
- Software is being offered without any license or in violation of a license
- Item(s) is a bootleg recording;
- Item(s) is an unlawful copy (software, games, movies, etc.);
- Item(s) is unlawful duplication of printed material
- Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
- Copyright-listing content infringement
- Listing(s) comprises unauthorized copy of copyrighted text
- Listing(s) comprises unauthorized copy of copyrighted image
- Listing(s) comprises unauthorized copy of copyrighted image and text
- Reason Code: _____________________________________________________________
- infringed: _________________________________________________________
- Item Number(s): ___________________________________________________________
- Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
- Please provide the evidence as to the ownership of copyright.
- All such Notices of Infringement shall be sent to firstname.lastname@example.org.
Contacting the Seller We are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a Buyer wishes to contact the Seller, he/ she may proceed to do so by accessing the Seller related information made available by the Sellers on their product listing pages. Alternatively, the Buyers may also reach out to customer support at email@example.com.
II. SPECIFIC TERMS:
These Specific Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Specific Terms, the provisions of Specific Terms shall supersede and prevail.
1. BUYER’S RESPONSIBILITES, REPRESENTATIONS AND WARRANTIES
- i. You represent, warrant and agree that:
- a. you are fully able and competent to understand and agree to the Terms;
- b. you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;
- c. purchases on the Platform must be for end consumption only. Buyers must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.
- d. you shall comply with all applicable laws while using and accessing the Platform;
- e. you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display;
- f. any User Content that Buyer submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.
- ii. Buyer represents, warrants and agrees that:
- a. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete; and
- b. Buyer will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- iii. Buyer may be required to promptly furnish additional documents or information as and when requested by Falcon to continue using and accessing the Platform and availing the Services. Buyer agrees to promptly provide such additional documents and information, failing Falcon reserves its right to take appropriate measures as set out under Clause 7 (Breaches and Suspension) of the General Terms.
2. PAYMENTS BY BUYERS
- a. Upon placing the order on Platform, Buyer can opt to make payment for the Products purchased by using any of the modes of payment made available by us on the Platform, from time to time. However, it is pertinent to note and is hereby clarified that if the Buyer opts to make payments through any such mode made available by us or any third-party engaged by us for this purpose then we or the third-party engaged by us for the same shall only act in a fiduciary capacity.
- b. Buyer acknowledges that it is solely responsible for the transactions / payments made to the Seller for the Products purchased by the Buyer. Buyer acknowledges and agrees that we are acting merely as a payment facilitator and shall take no responsibility as to the legality of any payment transaction between the Seller and the Buyer and do not collect, process, and remit any payments in respect to any payment transaction on the Platform. We do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorised by the Buyer or its payment instructions.
- c. The payments for the orders received from the Buyer in the manner as set forth under the settlement process of Seller Terms. You hereby agree to be bound by the applicable provisions of the Seller Terms in this regard (which are deemed to be incorporated herein by reference) and agree not to raise any dispute with respect to the manner of settlement by Falcon.
- d. You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third-party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform.
- e. Buyer hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever including but not limited to non- performance or omission or commission on the part of Seller, deficiency of service and/or Products delivered, technical errors on the Platform. You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the Platform.
- f. Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Falcon shall verify the disputes so raised and may process only such claims that are valid and genuine. In case of an occurrence of a chargeback event, the refund to the Buyer will be created on resolution of such disputes.
- g. Buyer shall comply with all the applicable regulations/ laws in relation to cash transaction as stipulated under the applicable tax laws.
- h. You, as a Buyer shall be entitled to claim a refund of the order price (as Your sole and exclusive remedy) as per the Return Shipments Policy and Undelivered Shipment Policy. Except for cash on delivery transactions, refund, if any, shall be made at the same issuing bank from where the order price was received, or through any other method available on the Platform, as chosen by You. For cash on delivery transactions, refunds, if any, will be made via electronic payment transfers (as per the bank account details shared by You).
- i. If you avail service from any third party service provider using the Platform, upon receipt of instruction from such third party service provider, you agree and authorise us to remit and settle such collected payments (after deduction of our fees (if any) and any other charges or taxes applicable under tax laws) to the designated bank account of the third party service provider within such timelines as mentioned in the settlement process of Seller Terms. You agree and acknowledge that no separate authorisation will be required by us to collect and transfer payment to such third-party service provider.
- j. As required by applicable law, if the Buyer makes a purchase of an amount equal to or above INR 2,00,000/- (or such other limit specified by the applicable law), the Buyer will be required to upload a scanned copy of his/her PAN card on the Platform, within four (4) days of making the purchase, failing which, the purchase made by the Buyer may be cancelled by Falcon. The requirement to submit the PAN card arises only once and if it has been submitted already by the Buyer, it need not be submitted again. The order of the Buyer shall stand cancelled if there is a discrepancy between the name of the Buyer and the name on the PAN Card.
- k. You are expected to treat all delivery partners of Falcon (or its third-party logistics partner (LSP)) with courtesy and respect. Without prejudice to any rights under the applicable laws, we reserve the right to withhold access to the Platform and otherwise limit Your access to the Platform at Our absolute discretion if You behave towards any delivery partner working with Falcon / LSP in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful.
- a. GoCare Extended Warranty
Plan You may subscribe / purchase on the Platform, within the permitted purchase window, the Extended Warranty Plan for availing the extended warranty on the select products sold on the Platform, on the terms and conditions communicated to You. In case you subscribe to this Plan, You shall be required to pay a specified subscription amount. You agree to abide by such other terms and conditions and such additional terms shall be read as a part of these Terms
- b. Exchange Offer
Falcon may from time to time and at its sole discretion, facilitate exchange offers, made available by third party exchange partners to enable the Buyers to exchange their pre-owned products against their purchases on the Platform, on the terms and conditions communicated to You. You agree to abide by such other terms and conditions and such additional terms shall be read as a part of these Terms.
- c. Buyback Plan
Falcon may from time to time and at its sole discretion, facilitate buyback plans, by third party partners, from time to time, on the Platform to enable the Buyers to offer the products purchased on the Platform for buy back by such third-party partner(s) on the terms and conditions communicated to You. You agree to abide by such other terms and conditions and such additional terms shall be read as a part of these Terms.
- d. Video Assisted Shopping
Buyers may choose to avail the video assisted shopping feature offered by select Sellers on the Platform. With this feature, the Buyers will be able to hold live video calls with these Sellers to ask about the product at hand and receive real time answers.
- e. Falcon may provide such other additional services, from time to time, on such terms and conditions as may be communicated from time to time.
4. UNDELIVERED SHIPMENT:
- You acknowledge that a delivery failure may occur for various reasons, as set out under the Undelivered Shipment Policy. In relation to the Undelivered Shipments (as defined under the Undelivered Shipment Policy), you agree to be bound by the provisions of the Undelivered Shipment Policy which can be accessed here.
- In case of any return request (as defined under the Return Shipments Policy), you agree to be bound by the provisions of the Return Shipments Policy which can be accessed here.
6. FEES AND CHARGES:
- Falcon may charge a nominal fee for browsing and making purchases using the Platform. Falcon reserves the right to change its fee from time to time. In particular, Falcon may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, Falcon reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the fee shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Falcon Internet Private Limited.
7. LIMITATION OF LIABILITY AND INDEMNITY:
- We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature, description, or contents of the Shipment; (f) any force majeure event; (g) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (h) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.