Terms & Conditions

Terms & Conditions

1. We currently operate the www.fasak.com mobile application (the App) and the website www.fasak.com (the Website). Together, the App and Website are referred to as the Services.
2. This Privacy Policy covers your use of the Services. We and our service providers may collect personal information from you through the Services in the ways described in this policy. This information may include your name, email address, mailing address, birthday, gender, and photos. Additionally, we may receive personal information from other sources, such as public databases, joint marketing partners, social media platforms, and other third parties.
3. You may use our App and visit our Website without providing personal information. However, to access certain Services, we may require you to provide personal information. If you refuse to provide this information, we may not be able to offer specific Services (e.g., verifying your account).
4. You may purchase certain features on www.fasak.com in connection with the Services. If you choose to do so, we may use your personal information to facilitate and provide services related to your purchase.
5. If you submit personal information about others to us or our service providers while using the Services, you confirm that you have the authority to do so and permit us to use that information in accordance with this Privacy Policy.
6. Location Data Collection:
   • Fasak may collect and store your device’s physical location to provide location-based services, such as showing you nearby listings.
   • This information may be gathered through satellite, cell phone tower, or Wi-Fi signals.
   • You have the option to allow or deny access to your location data. However, denying location access may affect your ability to use certain Services (e.g., listing products in a specific geographic area).
7. Advertising & Marketing Usage:
   • We may use any ad you post on www.fasak.com, including uploaded images, product details, username, and location, for marketing purposes.
   • This includes advertising across social media, Facebook ads, newsletters, and other media channels.
8. Sharing Personal Information:
   • We may share personal information with affiliates for purposes consistent with this Privacy Policy.
   • We may also share information with service providers who assist with website hosting, data analysis, payment processing, order fulfillment, IT infrastructure, customer service, email delivery, and auditing.
   • In the event of a business reorganization, merger, sale, joint venture, or transfer of assets, your personal data may be disclosed as part of the transaction.
9. Legal Disclosures:
   • We may use or disclose personal information when necessary, including but not limited to:
     • Protecting people or property.
     • Safeguarding our Services, rights, or property.
     • Complying with legal requirements, law enforcement requests, or government authorities.
10. Aggregated Data Usage:

• We may aggregate personal information to generate statistical insights (e.g., calculating the percentage of users in a specific location). Aggregated data does not personally identify you or any other user.

Agreement to Terms

By using Fasak’s Services, you agree to comply with these Terms & Conditions. Additionally, you agree to follow any applicable posted guidelines for using specific Services. These guidelines may be updated periodically at Fasak’s sole discretion.

It is your responsibility to review these Terms regularly. If you object to any provision or are dissatisfied with Fasak or the Services, your sole option is to discontinue use immediately.

Fasak reserves the right to update these Terms at any time at its sole discretion.

A. Fasak’s Role & Limitation of Liability

1. Fasak is a next-generation online classifieds platform. We provide a venue where users can offer, sell, and buy products and services in compliance with these Terms.
2. Although you may conduct payments and other transactions through the Platform, these are facilitated by third-party vendors. Fasak is not involved in such transactions in any way.
3. By using the Service and Platform, you acknowledge and agree that Fasak:
   • Is not a party to any transactions between buyers and sellers.
   • Has no control over any part of the transaction process.
   • Shall not be liable for any issues, disputes, or losses arising from these transactions.
4. You use the Service and Platform at your own risk.

B. Content & Third-Party Links

1. User-Generated Content:
   • Fasak does not control or endorse the ads, business listings, messages, emails, user postings, images, videos, sounds, or any other material (collectively, "Content") shared on the Platform and Services.
   • By using the Platform, you acknowledge that you may encounter offensive, indecent, inaccurate, misleading, or objectionable Content.
   • You are solely responsible for evaluating any Content before relying on it. Fasak is not liable for any damages or losses incurred due to exposure to such Content.
2. Content Moderation:
   • While Fasak does not pre-screen or approve Content, it reserves the right to refuse, delete, or remove Content at its sole discretion, including Content that violates these Terms or for any reason without prior notice.
3. Third-Party Websites:
   • The Platform may contain links to third-party websites ("Third-Party Websites"), which are completely unrelated to Fasak.
   • If you access Third-Party Websites, you do so at your own risk and are subject to their terms and policies.
   • Fasak makes no representation or guarantee regarding the accuracy, authenticity, or reliability of any Third-Party Website.

C. User Responsibilities & Content Ownership

1. Your Responsibilities:
   • You are solely responsible for the Content you post, transmit, or link on the Platform.
   • You must have all necessary rights, licenses, consents, and permissions to share your Content on the Platform.
   • If your Content includes third-party individuals or businesses, you confirm that you have their written consent to use their name, likeness, or business information.
2. Fasak’s Rights to Your Content:
   • By posting Content, you grant Fasak a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:
     • Use, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with Fasak’s operations, including marketing and promotions.
     • Redistribute Content in various media formats and channels.
   • This license is necessary for Fasak to host and display your Content.
3. User Interaction & Contact:
   • By posting on the Platform, you:
     • Grant other users a non-exclusive license to view and interact with your Content.
     • Agree that users may contact you regarding your posted Content.
   • This license automatically terminates when your Content is deleted from the Platform.
4. Automated Descriptions:
   • Fasak may automatically generate descriptions for your ads based on the images you upload.
   • Fasak makes no guarantees regarding the accuracy of these descriptions, and you may edit them at any time.

D. Content Restrictions & Intellectual Property Compliance

1. No Endorsement:
   • Fasak does not endorse any Content, opinion, statement, recommendation, or advice shared on the Platform.
   • We expressly disclaim all liability in connection with user-generated Content.
2. Intellectual Property Compliance:
   • Fasak does not permit copyright infringement or violations of intellectual property rights.
   • If properly notified of infringing Content, Fasak may remove it in compliance with applicable laws.
3. Content Removal & Account Termination:
   • Fasak reserves the right to remove Content at its sole discretion, with or without prior notice.
   • Users who repeatedly violate intellectual property laws or these Terms may have their access terminated.
   • A repeat infringer is someone who has:
     • Received more than two infringement notifications or
     • Had their Content removed more than twice due to violations.
4. Fasak’s Discretion:
   • Fasak decides what Content complies with these Terms and may remove any Content at its sole discretion.

Prohibited Activities & Content

You agree not to post, email, host, display, upload, modify, publish, transmit, update, or share any information on the Platform (or otherwise make Content available) that:

1. Violates Laws & Intellectual Property Rights

i. Violates any applicable law or regulation.
ii. Contains copyrighted, patented, trademarked, or trade-secret protected material, or any other third-party proprietary rights, including privacy and publicity rights, unless you own such rights or have obtained explicit permission from the rightful owner.
iii. Infringes on any intellectual property rights of any party or is Content you do not have the right to share under law, regulation, contractual, or fiduciary obligations.

2. Harmful, Offensive, or Unlawful Content

iv. Is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of privacy, hateful, racially or ethnically objectionable, or disparaging.
v. Harasses, degrades, intimidates, or promotes hate against any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
vi. Violates equal employment laws, including advertisements that state a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
vii. Threatens the unity, integrity, defense, security, or sovereignty of India, disrupts friendly relations with foreign states, incites unlawful activities, or insults any nation.

3. Privacy Violations & Misrepresentation

viii. Includes personal or identifying information about another person without their explicit consent.
ix. Impersonates any individual or entity, including but not limited to a Fasak employee, or misrepresents your affiliation with any individual or entity.
x. Misleads recipients about the origin of messages or contains information that is grossly offensive or menacing in nature.
xi. Is false, deceptive, misleading, deceitful, misinformative, or constitutes a "bait and switch" offer.

4. Spam, Scams, and Unauthorized Advertisements

xii. Constitutes or contains pyramid schemes, affiliate marketing, referral codes, junk mail, spam, chain letters, or unsolicited commercial advertisements.
xiii. Contains advertisements in areas/categories not designated for such purposes, or sends unsolicited promotions to Fasak users who have requested not to be contacted.
xiv. Includes unauthorized links to commercial services or third-party websites unless expressly permitted by Fasak.

5. Illegal & Malicious Activities

xv. Advertises illegal services or items whose sale is prohibited or restricted under applicable laws.
xvi. Contains viruses, malware, or any code designed to harm, disrupt, or limit the functionality of any computer, software, or telecommunications equipment.
xvii. Disrupts normal platform functionality, including excessive message flooding or spamming that negatively affects other users' experience.
xviii. Uses misleading email addresses, forged headers, or manipulated identifiers to disguise the origin of Content transmitted through the Service.

Additional Prohibited Actions

Additionally, you agree not to:

xix. Contact users who have requested not to be contacted, make unsolicited contact for commercial purposes, post advertisements on behalf of others, or "stalk" or harass anyone.
xx. Make libelous or defamatory statements or postings against any individual or entity.
xxi. Collect personal data about users or entities for commercial or unlawful purposes.
xxii. Use automated tools (e.g., spiders, bots, crawlers, or data mining tools) to download or scrape data from the Platform, except for compliant internet search engines (e.g., Google) and non-commercial archives (e.g., archive.org).
xxiii. Post irrelevant or excessive Content, including repeatedly posting the same or similar ads, overloading servers, or posting outside the designated local area.
xxiv. Post duplicate listings for the same item or service in multiple classified categories, forums, or locations.
xxv. Attempt to gain unauthorized access to Fasak's computer systems or engage in activities that disrupt, degrade, or impair the Platform's functionality.
xxvi. Use automated tools (e.g., "flagging bots") to manipulate Fasak’s flagging system or community controls, remove competitors' posts, or flag Content without a good faith belief that it violates these Terms.
xxvii. Use any automated posting software or bots to submit posts to Fasak without human intervention, including bulk postings or scheduled submissions.

Compliance & Consequences

xxviii. Any Content uploaded by you must comply with applicable laws and may be disabled, removed, or investigated under relevant legal provisions.
xxix. If you violate these Terms, applicable laws, or Fasak's Privacy Policy, we may:

• Terminate your account or block your access to the Platform.
• Remove any non-compliant Content uploaded by you without prior notice.

Payment for Paid Services

Upon selecting a Paid Service, you may be redirected to a third-party payment processing site (such as PayU) that offers payment options including net banking, debit cards, and credit cards (“Payment Gateway”). Fasak may also provide the option to pay via cash or other collection methods.

You agree that Paid Services will only be activated upon receipt of payment confirmation from the Payment Gateway or collection agencies. By making a payment through any medium, you warrant that you are legally authorized to use the selected payment method in accordance with applicable laws.

You may provide your Goods and Services Tax Identification Number (GSTIN) on the platform. GSTIN details are mandatory for availing tax credit on GST charges. If you do not provide your GSTIN details, we will assume that you are not registered with GST authorities, without independently verifying your registration status.

Unless otherwise stated on the Website, all prices are inclusive of applicable taxes.

Refunds & Cancellations

• If you choose to delete or deactivate any Paid Services before the expiration of its validity period, Fasak will not issue any refunds for the unutilized time.
• If you are unable to use a Paid Service due to a technical issue, upon receipt of payment confirmation, an equivalent number of ad units for the unused paid feature will be credited to your account.

Example:

If you purchase a package of three (3) Featured Ad units but are only able to use two (2) units, and the third ad unit cannot be posted due to a technical glitch during the package validity period, you will be credited with one (1) unit of Featured Ad.

• No refunds will be issued in the following cases:
  • If your advertisement content violates Fasak’s Terms.
  • If your advertisement has been reported for abuse.
  • If your advertisement is deleted or not re-posted due to technical issues arising from subsequent edits made by you.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND ITS SERVICES IS SOLELY AT YOUR OWN RISK. THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FASAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
• ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THIRD-PARTY CONTENT LINKED TO THE PLATFORM.

FASAK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR:

1. Errors, mistakes, or inaccuracies in content.
2. Personal injury or property damage resulting from your use of the Platform or Services.
3. Unauthorized access to or use of Fasak’s servers and/or any personal or financial information stored therein.
4. Interruption, suspension, or cessation of transmission to or from the Platform.
5. Viruses, malware, or harmful components transmitted via the Platform by any third party.
6. Errors or omissions in any content, or any loss or damage incurred due to content made available via the Platform.

FASAK DOES NOT:

• WARRANT, ENDORSE, OR GUARANTEE ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED ON THE PLATFORM OR ANY LINKED WEBSITE.
• BEAR RESPONSIBILITY FOR ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS.
• MONITOR OR GUARANTEE THE CONDUCT OR PERFORMANCE OF ANY USERS OR SERVICE PROVIDERS.

YOU ACKNOWLEDGE THAT TRANSACTIONS INVOLVING PRODUCTS OR SERVICES FROM ANY PARTY, WHETHER THROUGH THE PLATFORM OR OTHERWISE, REQUIRE CAUTION AND DUE DILIGENCE.

TO THE EXTENT PERMITTED UNDER APPLICABLE INDIAN LAWS, FASAK DISCLAIMS LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL FASAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES,
• DAMAGE ARISING FROM YOUR USE OR MISUSE OF THE PLATFORM OR SERVICES,
• INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES,
• INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR SERVICES,
• DAMAGES ARISING FROM THIRD-PARTY SERVICES OR PRODUCTS ADVERTISED OR LINKED THROUGH THE PLATFORM,
• ANY OPINIONS, ADVICE, OR INFORMATION RECEIVED THROUGH THE PLATFORM OR SERVICES.

THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER FASAK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• FASAK IS NOT LIABLE FOR USER-GENERATED CONTENT, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
• ANY RISK OF HARM, DAMAGE, OR LOSS FROM INTERACTIONS WITH OTHER USERS OR THIRD PARTIES THROUGH THE PLATFORM RESTS ENTIRELY WITH YOU.

THE PLATFORM IS CONTROLLED AND OFFERED BY FASAK IN INDIA. FASAK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS SUITABLE OR LEGALLY COMPLIANT FOR USE IN OTHER LOCATIONS. USERS ACCESSING THE PLATFORM FROM OUTSIDE INDIA DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

USER ACCOUNT & DATA DELETION

The user has the right to be informed about what personal data of the user can be processed. The user has the right to rectify, restrict, add, or delete 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 it 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 try to comply with your request as soon as we can. When a user deletes information, it means we would completely delete all sources from that 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 go to the settings page of the app and tap on the "Delete Account" button. This will delete all your personal information from our servers permanently. Please note that this operation is irreversible.

GENERAL INFORMATION

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 India. Any claim you may have against Fasak must be submitted to the exclusive jurisdiction of the courts of 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 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 INDIAN 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.