Terms & Conditions
1.We currently operate the www.fasak.com mobile application (the App), as well as the website www.fasak.com (the Website and, together with the App, the Services).
3. You can use our App and visit our Website without providing personal information. However, we may need to collect personal information in order to provide certain Services. If you refuse to provide your personal information when required, we may not be able to provide certain Services (such as marking your account as verified).
4. You also may be able to purchase certain features, from www.fasak.com, in connection with the Services. If you do so, we may use the personal information we collect to provide services to you in connection with any such purchase.
6.www.fasak.com may collect this information by, for example, using satellite, cell phone tower or Wi-Fi signals. You may allow or deny such collection and publication of your device’s location, but it may affect your use of the Services (for example, by not allowing us to post your product for sale in a determined geographic location).
7. 2.3 We may also use any ad you post on www.fasak.com, including the uploaded photo or image of the product as well as other data (including user name and location) associated with the ad, for our own advertising purposes, including social media, Facebook ads, newsletters and ads for any media.
9. 2.5 We may use or disclose the personal information we collect from you as we believe necessary or appropriate, including, but not limited to, using and disclosing personal information for the following purposes: to protect people or property, to protect our services, rights or property, to comply with legal requirements, to respond to legal process or law enforcement requests and to comply with requests from other public and government authorities.
10. 2.6 We may aggregate personal information, which when aggregated does not personally identify you or any other user of the Services. For example, we may aggregate personal information to calculate the percentage of our users who have a particular zip code.
. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at Fasak’s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Fasak or the Service in any way, your only choice is to immediately discontinue use of Fasak. These Terms may be updated by Fasak at any time at its sole discretion
- A. Fasak is the next generation of online classifieds. 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 Fasak 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 Fasak 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 Fasak 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 Fasak’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 Fasak 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 Fasak cannot and does not pre-screen or approve any Content, but that Fasak 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 Fasak’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 Fasak. If you link to Third Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. Fasak 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 Fasak 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 Fasak 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 Fasak 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 Fasak'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 Fasak 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 Fasak 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, Fasak may offer the facility of automatically capturing of the "Description" of your ad based on the images uploaded by you. Fasak 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 Fasak remove or delete such Content from the Platform. Further, you grant Fasak the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
- D. Fasak does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Fasak expressly disclaims any and all liability in connection with User Content. Fasak does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Fasak 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. Fasak reserves the right to remove any Content without prior notice. Fasak 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, Fasak 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:
- i. that violates any law or regulation;
- ii. 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 Fasak all of the license rights granted herein;
- iii. 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);
- iv. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
- v. 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;
- vi. 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.
- vii. 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;
- viii. that includes personal or identifying information about another person without that person's explicit consent;
- ix. that impersonates any person or entity, including, but not limited to, an Fasak employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- x. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- xi. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
- xii. that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
- xiii. 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 Fasak users who have requested not to be contacted about other services, products or commercial interests;
- xiv. that includes links to commercial services or Third Party Websites, except as specifically allowed by Fasak;
- xv. 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;
- xvi. 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;
- xvii. 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
- xviii. 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:
- xix. 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;
- xx. make any libellous or defamatory comments or postings to or against anyone;
- xxi. collect personal data about other users or entities for commercial or unlawful purposes;
- xxii. 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;
- xxiii. 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;
- xxiv. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- xxv. attempt to gain unauthorized access to computer systems owned or controlled by Fasak 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.
- xxvi. use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Fasak'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.
- xxvii. use any automated device or software that enables the submission of automatic postings on Fasak 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
Payment for Paid Services
Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site such as PayU offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”). Fasak 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.
You have the ability to provide us your Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN details are mandatory for passing on the credit of GST charged. In case you fail to provide us with your GSTIN details, we will assume that you are not registered with the GST authorities, without independently verifying your registration status.
Unless otherwise mentioned on the Website, prices indicated are inclusive of applicable taxes.
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.
- DISCLAMER OF WARRANTIES
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW FASAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. FASAK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. FASAK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FASAK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- LIMITATIONS OF LIABILTY
IN NO EVENT SHALL FASAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FASAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE FASAK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FASAK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY FASAK. FASAK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOILATION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH INDIAN LAW.
- User account & data deletion
The user has the right fo be informed on what personal data of the user can be processed. The user has the right to
rectify, restriction, addition, or deletion of personal information. You can exercise your rights to access, rectify, erase,
and object to the processing of your personal information at any time on your own. To properly attend to your
request, please make clear what personal information you are writing about. For your protection, we may only
respond to requests for the personal information associated with the email address you use to send us your request,
and we may need to verify your identity before implementing your request. We will fry fo comply with your request as
soon as we can. When user delete the information means we would completely deleted all sources from the certain user
- Deleting Your Account
If you choose to delete your account, we will permanently delete your personal information from our servers, except for any information that we are required to retain by law. Once your account has been deleted, you will not be able to recover any data associated with that account.
If you want to delete all your personal data from our servers, you can to settings page of app and tap on "Delete Account" button. This will delete all your personal information from our servers permanently. Please note that this operation is irreversible.
These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and Fasak and govern your use of the Service and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Fasak shall be governed by the laws of the INDIA. Any claim you may have against Fasak must be submitted to the exclusive jurisdiction the courts of INDIA, The INDIA, However, in the event that you are a consumer, it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of Fasak to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT FASAK MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER DUTCH LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.