FAQS E-COMMERCE LIMITED - TERMS OF SERVICE AGREEMENT
THIS FAQS E-COMMERCE LIMITED TERMS OF SERVICE AGREEMENT IS MADe.
FAQS E-COMMERCE LIMITED with its registered office at Pancheshwer Tower Road 203 Indraprasth Jamnagar Gujarat – 361001, India (“FAQS”, “we”, “us”, or “our”)
You, the user of our services (“you”, “your”).
This Agreement is a valid electronic contract recognized under the Information Technology Act, 2000 read with its Rules, and it governs your access to and use of our services, including our application, website, products, and any information or content on our services.
You can create your own FAQS account, access, or use our services only if you are authorized under the applicable law to form legally binding agreements. Persons who are incompetent to contract under the provisions of the Indian Contract Act, 1872 are not eligible to create an account, access, or use our services.
If you enter into this Agreement on behalf of an entity that is other than a natural person, you represent and warrant that you have the authority to bind such entity to this Agreement. In this case, the words “you” and “your” as used in this Agreement shall refer to both the entity and every person who creates or manages an account, accesses, uses our services on behalf of that entity.
We may update this Agreement from time to time, and by continuing to access, use our services you accept such a revised Agreement.
You are eligible to create an FAQS account, access, or use our services if you fulfill the following conditions:
- You are over 18 years of age
- You are not an undischarged insolvent;
- None of your previous accounts was disabled by us for violation of terms of any Agreement between you and us or for the violation of any law;
- You have not been prohibited to create an account either by us or under applicable laws;
- You must provide accurate, complete, and up-to-date information while creating your FAQS account. The organizational accounts must publicly display the name of their entity on their account profile. Any changes in the details provided by you must be updated in your account without delay.
- You agree that you alone are responsible for the activities done using your FAQS account and you must take steps to secure your account. You should not share your account password/OTP or give access to your account to anyone else. In case you suspect or know that any third party has gained access to your account, you must change your password immediately and notify us at firstname.lastname@example.org
TERM AND TERMINATION
The Agreement commences when you first create a FAQS account, access, or use our services and continues so long you access or use our service or have an account with us, whichever is longer. However, the termination of this Agreement shall not affect any of your liability that may have arisen under this Agreement.
We reserve the right to delete your account, its content, suspend, or permanently disable your access to our services if you fail to comply with any provision of this Agreement, or your activities violate any applicable law or cause harm to us, our users, or any third party.
You may choose to discontinue our service at any time you want. However, once you have deleted your account, you will not be able to retrieve any data associated with it.
We provide a platform to our users to interact and negotiate with other users for the sale or supply of goods or services offered by them.
We are not parties to any negotiations or agreements that take place between the users of our services. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between us and any other party.
We make no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, or completeness of any information provided on or through our platform. We do not control and are not liable in respect of or responsible for the quality, safety, genuineness, lawfulness, or availability of the goods or services offered on our platform by our users.
We cannot and do not confirm each user’s purported identity on our platform. You are cautioned that there may be risks of dealing with people acting under false pretenses on the platform. We encourage you to independently investigate and evaluate the users with whom you would like to deal with. We shall not be liable to any person in connection with any damage suffered by any person as a result of any user’s conduct on our platform.
You agree to fully assume the risks of any transaction conducted on the basis of any content, information, or any other material provided on our platform and further assume the risk of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction. You agree that we shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may occur/arise as a result of or in connection with any transaction on or through our platform. You are solely responsible for all of the terms and conditions of the transactions conducted on, through, or as a result of the use of any content, information, or any other material provided on our platform, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation, and storage. In the event of a dispute with any party to a transaction, you agree to release and indemnify FAQS E-COMMERCE LIMITED (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.
ACCEPTABLE USE OF OUR SERVICES
You must access and use our services only in accordance with this Agreement for legal, authorized, and acceptable purposes. You will not access or use, or assist others to access or use, our services in ways that violate any rights or cause any damage to us, our users, or others. In particular, you agree to be bound by the following rules guiding the acceptable use of our services:
You will not submit any content that:
- Is false or misleading
- Violates the intellectual property or privacy rights of any other person or entity;
- Incites hatred against any individual or group;
- Promotes supports, or depicts acts of terrorism, self-harm, or any kind of violence;
- Is sexually explicit in nature;
- Spreads disinformation, misinformation, or mal-information;
- Is defamatory, racist, or discriminatory in nature;
- Promotes fraudulent business schemes;
- Depicts or promotes animal cruelty;
- Violates any applicable law.
While accessing or using our services, you will not
- Use offensive account name, act in a deceptive manner, or impersonate others;
- Harm, harass or stalk any person or exploit minors;
- Reveal personal, confidential information about others;
- Attempt to buy, sell, transfer any aspect of your account or solicit, collect, or use login credentials of other users;
- Access or collect data from our services without our prior written permission or attempt to access data that you do not have permission to access;
- Reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our services;
- Send illegal or impermissible communications such as spam;
- Send, store, transmit viruses or malicious codes through or on our services, or do anything that could disable, overburden or impair the proper working of our services;
- Do or cause anyone to do anything unlawful, misleading, fraudulent, or for any illegal or unauthorized purpose.
INTELLECTUAL PROPERTY RIGHTS
You agree that your activities on our platform or your user content cannot violate the intellectual property rights of FAQS E-COMMERCE LIMITED, our users, or any third party.
All copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our services, including its content, are either owned or licensed by FAQS E-COMMERCE LIMITED. WE GRANT YOU A LIMITED, REVOCABLE, NON-EXCLUSIVE, NON-SUBLICENSABLE, AND NON-TRANSFERABLE LICENSE TO USE OUR SERVICES OR ACCESS OUR CONTENT SOLELY FOR YOUR PERSONAL AND NON-COMMERCIAL USE, SUBJECT TO AND IN ACCORDANCE WITH THIS AGREEMENT. This license is for the sole purpose of enabling you to use our services, in the manner permitted by this Agreement. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
The use of FAQS content or services for any purpose not expressly permitted under this Agreement is prohibited. You will not download, reproduce, copy, distribute, transmit, display, sell, license, or otherwise exploit for any purpose the FAQS content without our or, where applicable, our licensor’s prior written consent.
You agree and acknowledge that we may generate revenues, increase goodwill, or otherwise increase our value from your use of FAQS services and you will have no right to share in any such revenue, goodwill, or value, except as specifically allowed by us under this Agreement. You will have no right to access, use, or exploit any user content, including FAQS content or services, to receive any revenue or consideration from anyone.
We make no representations, warranties, or guarantees, express or implied, that any content on our service is accurate, complete, or up to date. You agree and acknowledge that we have no obligation to pre-screen, monitor, review, edit, or remove any content posted by you or other users on our services. You agree that you access, use, or view the content provided on our services at your own risk. These contents are provided for general information only and do not constitute any advice on which you should rely.
Our services may contain links to resources provided by third parties. You may not use their content without their permission. The views expressed in the third party’s content is theirs and does not necessarily reflect FAQS E-COMMERCE LIMITED’s views. We have no control over the contents of third parties and such links should not be interpreted as approval of such third parties or their content. We shall in no manner be deemed to be liable or responsible to any person for such third-party content, products, or services made available thereof.
You own the intellectual property rights in any content created by you and shared on our services, including any video, sound recording, musical work, images, or text. You represent and warrant that you have all rights, licenses, consents, permissions, and authority necessary to grant the rights and licenses granted herein by you for any content that you share or display on or through our services. You agree to not share any content on or through our services that is confidential, proprietary, or unlawful.
YOU AGREE TO HEREBY GRANT US AN UNCONDITIONAL, IRREVOCABLE, NON-EXCLUSIVE, ROYALTY-FREE, FULLY TRANSFERABLE, SUB-LICENSABLE, PERPETUAL, WORLDWIDE LICENSE TO HOST, USE, DISTRIBUTE, TRANSMIT, MODIFY, REPRODUCE, COPY, PUBLICLY DISPLAY, TRANSLATE, AND CREATE DERIVATIVE WORKS OF YOUR CONTENT AND TO AUTHORISE OTHER USERS OF OUR SERVICES AND OTHER THIRD-PARTIES TO DO SO. You agree to waive all rights of privacy, publicity, or any other rights of similar nature in your content and consent to never assert any moral rights that you may have in your content. You also grant us permission to display or use your username, profile picture, and information about actions you have taken on or through our services without any compensation to you. You can end this license anytime by deleting your content or discontinue our services. You also give us permission to download and install updates to our services and software when and where available.
You agree that FAQS E-COMMERCE LIMITED and the authorized third parties reserve the right to modify, edit, crop, or refuse to publish your content at our sole discretion. We also have the right to remove, disallow, block, or delete any user content if we are of the opinion that it violates the terms of this agreement or the applicable law. We are under no obligation to guarantee permanent access to your user content and you must maintain a copy of your work with yourself. We have the right to disclose your identity to any third party who complains that your user content has violated their intellectual property rights, privacy rights, or any other rights.
You agree and acknowledge that we do not verify or approve any of the user content on our services and the views expressed therein do not represent our views or values. We make no representation or warranties about the truthfulness, completeness, accuracy, usefulness, reliability, or appropriateness of any content on our services and disclaim all liabilities related thereto.
We respect the intellectual property rights of others, and we expect you to do the same. You agree to not copy, download or reproduce any content, information, or any other material, text, images, video clips, directories, files, databases, or listings available on or through our platform for the purpose of re-selling or re-distributing, mass mailing, operating a business competing with us, or otherwise commercially exploiting the content on our platform unless otherwise agreed between you and us. Systematic retrieval of the content on our platform to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through automatic devices or manual processes) without written permission from us is prohibited. In addition, the use of the content on our platform for any purpose not expressly permitted in this Agreement is prohibited and entitles us to initiate appropriate legal action.
You agree that as a condition of your access to and use of our services, you will not use our services to infringe the intellectual property rights of any third party in any way. We reserve the right to terminate your access or use of our services for any infringement of the rights of third parties in conjunction with the use of our services, or in the event, we believe that your conduct is prejudicial to the interests of FAQS E-COMMERCE LIMITED, its affiliates, or other users, or for any other reason, at our sole discretion, with or without cause.
You acknowledge and agree that we are not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify whether users providing goods or services on our platform have the right to do so. We encourage users to assist us in identifying listings on our platform which in the users’ knowledge infringe their rights. You further acknowledge and agree by taking down a listing, we do not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which we decline to take down a listing, we do not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FAQS E-COMMERCE LIMITED, ITS SUBSIDIARIES, PARENTS, AND AFFILIATES AND THEY'RE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including legal fees and costs, relating to, arising out of, or in any way connected with:
Your access to or use of our services, including any content submitted by you on our services. Allegations (whether proven or not) against you of actions or omissions that would constitute a breach of this Agreement. Any misrepresentation made by you.
This clause shall survive the expiry or termination of this Agreement.
FAQS E-COMMERCE LIMITED PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, FAQS E-COMMERCE LIMITED DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. In particular, FAQS E-COMMERCE LIMITED makes no warranty or representation and disclaim all responsibility and liability for
- The availability, security, reliability, completeness, or accuracy of our services or any content on our platform.
- Defects in the operation and function of our application, website, or similar platforms.
- Any harm to your device, loss of data, or any other harm that results from your access to our use of our services or any content on our platform.
- The deletion, failure to store or transmit any content maintained or managed by us.
- Whether our services will meet your requirements or your professional or business needs.
No advice or information obtained from us, whether oral or written, will create any warranty or representation not expressly mentioned herein.
YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, AND DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR ACCESS OR USE OF OUR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FAQS E-COMMERCE LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
Your access to or use or inability to access or use our services Any conduct or content of any other user or a third party on our services, including any defamatory, offensive, or illegal conduct of other users or third parties.
Any content on our services Any unauthorized access, use, or alteration of your content.
In no event shall our aggregate liability to you exceed the amounts paid by you to FAQS E-COMMERCE LIMITED over the period of 12 months preceding your claim(s) or five thousand Indian rupees, whichever is greater.
THESE LIMITATIONS WILL APPLY TO ANY LIABILITY WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT FAQS E-COMMERCE LIMITED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
DISPUTE SETTLEMENT, GOVERNING LAW, AND JURISDICTION
Any dispute relating to this Agreement or your use of our services shall be governed by the laws of India, without regard to the principles of conflict of law. You agree that the exclusive means of resolving any dispute relating to this Agreement shall be binding Arbitration as per the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of such arbitration shall be New Delhi and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Reservation of rights: FAQS E-COMMERCE LIMITED reserves all the rights not expressly granted to you herein. Our failure or delay in enforcing any term of this Agreement will not be considered a waiver of our rights in enforcing those terms in the future.
Severability: If any provision of this Agreement is held to be unlawful, void, or unenforceable by a court of law having jurisdiction to decide on the matter, then that provision shall be deemed to be severed from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
Force Majeure: FAQS E-COMMERCE LIMITED will not be liable for any delay or failure caused by acts of God, natural disasters, diseases, epidemic or pandemic, terrorist attack, civil war, riots, armed conflict, sanctions, accidents, labor or trade strikes, interruption in public utilities, government-mandated quarantine, travel restrictions or other prohibition, or any other circumstance not within our reasonable control, whether or not foreseeable. FAQS E-COMMERCE LIMITED shall be relieved from the full performance of its contractual obligation until the event passes or no longer prevents performance.
Relationship: This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof.
The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.