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Terms of Use

Terms of Use

The use of Farosh is subject to certain terms and conditions. Users are advised to go through these terms carefully before signing up for the buying and selling activities. Accepting these terms of use is mandatory for the users of the website. Buying and selling using the platform of Farosh signal your acceptance to the following terms and conditions.

 

  1. Acceptance of the Terms
  2. Other Documents Mentioned
  3. User Privacy
  4. Sign-up at Farosh
  5. User Content
  6. Using our Services
  7. Termination of Account
  8. Limitations of the Liabilities of Farosh
  9. Indemnification
  10. Compliance with the Terms of Use
  11. Some Finer Legal Points

 

1. Acceptance of the Terms

Listed below are the Terms of Use at Farosh. Throughout the section, the “Terms of Use” may be referred as “Terms and Conditions”, “Terms of Use” or merely “Terms”. Thus, any of the three phrases refer to the following clauses and policies.

Accepting these terms binds you to a contract with Farosh, which defines your rights and responsibilities upon using the services at Farosh. Availing any of these services- including website browsing signifies your acceptance to the terms under this contract. Services cannot be availed without accepting these terms.

If you understand the condition stated above, and agree to the Terms at Farosh, you are welcome to proceed further.

 

2. Other Documents Mentioned

Farosh provides a platform for the buyers and sellers to connect. Depending on the type of service you avail here, it is mandatory to refer to the guidelines and policies relevant to it.

The ‘Terms of Use’ apply to everyone uniformly, irrespective of the purpose of using the website. By using the services at Farosh, you agree to accept these Terms of Use, the Privacy Policy and the Anti-Discrimination Policy.

Seller Policies: If you avail the services of Farosh to sell your items, you must agree to and adhere to the policies listed here.

Buyer Policies: If you avail the services at Farosh to browse and shop through the items listed for sale, please refer to the Buyer Support Policies listed here.

 

3. User Privacy

Farosh is extremely careful and sensitive towards the confidentiality of its user data. The Privacy Policy at Farosh entails all the details on how the user information is stored and used by Farosh. By using the services at Farosh, you agree to the terms listed in the Privacy Policy about the use of your information, which can be read here.

The personal information of the members of Farosh, like names, email ids, or the shipping addresses, is processed by Farosh as well as the sellers; hence the two must be considered distinct and independent data controllers of the personal information of the users. This use of personal information is by all means made under the confines defined by the law and consumer rights. Thus, Farosh and the independent sellers take the responsibility of the use of this personal information distinctively and independently. This means that Farosh shall not be responsible in case of unauthorized exploitation of users’ information from the sellers’ end.

For further details about indemnification obligations to Farosh, please refer to Section 9 Indemnification below.

 

4. Sign-up at Farosh

Some of the services at Farosh require the users to sign up. The rules and policies for creating an account at Farosh are:

Provide accurate information: The users must be honest in providing their information at the time of sign up. Farosh shall not be responsible in case of false information provided or pretending to be someone else in creating and using an account at Farosh.

Choose an appropriate name: An appropriate name must be picked at the time of signing up. If a user does not want to use the original name to use the services, the alternate username must be ethically appropriate, should not entail the use of any vulgar offensive terms and must not violate the property rights of someone else. If the selected username, in any way, violates the Terms of Use at Farosh, the account shall not be registered with that name.

You are responsible for your account: The users are solely responsible themselves for all kinds of activities taking place through their accounts at Farosh. If you share your account information with someone else, the user whose billing address is provided shall be held responsible in any case of violation of the Terms of Use. In case you register as a business entity, your acceptance of the Terms and Conditions solely makes you responsible for all activities done through such accounts. Also, please note that the account once registered with one user’s information cannot be transferred to any other user.

Protect your password: Since you are the only person responsible for all activities taking place through your account at Farosh, you must protect your password and not share it with anyone.

Understand the extent of your relationship with Farosh: The Terms of Use listed here do not create a partnership, a joint venture, an employment contract or a franchisee contract between the users and Farosh.

 

5. User Content

Content posted by the users while availing the services at Farosh are solely their own property. Farosh does not claim any right to any of this content. The content can be the vendors’ names, profile pictures, pictures of the listed items for sale, videos, product descriptions, product reviews or the account or comments made by the users.

It must be noted that the rights of the content are held by users and they are responsible themselves for their content. The users must ensure that the content posted by them is not the legal property of any other third party.

By posting your content at Farosh, you officially authorize us to use your content for any purpose in the process of facilitating the users. The ownership and property rights belong to the users, but Farosh has the license to use it as and when required. However, Farosh ensures that this use shall only be made for the purpose of business growth and facilitation of our users and the rights of the owner of this content are not violated.

By uploading your content, you grant an irrevocable right to Farosh to edit, reproduce, display, modify, store or distribute your content in the provision of its services or for the purpose of advertising and promotion.

For further understanding, users can consider the example where a seller uploads a picture of a product to be sold at Farosh. Farosh may resize this picture to optimize the visibility, display it on other platforms for promotion, or translate your descriptions in other languages for the inclusion of wider audience.

In order to avoid infringing the property rights of any other party, Farosh adheres to the legal requirements and removes any content that violates our Intellectual Property Policy. The policy also guides on how you can get your content removed, in case it has been posted or distributed without your authorization. You shall also be notified in case your content gets removed for the violation of policy.

Any misleading, false, abusive, threatening or inappropriate content that violate the Terms of Use may not be posted on Farosh. By agreeing to these terms and conditions, you agree not to post any such content.

 

6. Using our Services

No service shall be used to break any local, state, federal or international law. By agreeing to these Terms and Conditions, you submit your consent to comply with the Sanctions Policy as well. To continue availing the services at Farosh, users may not engage in fraud, theft or any kind of anti-competitive or unlawful activities.

Users must pay all their bills and fees that they owe to Farosh. Any applicable taxes in selling using the services at Farosh must also be paid by the sellers. You can find out further about the fees, payments, billing and taxation procedures and policies at Farosh through our fees & pricing policy.

Users must not steal the products, ideas or items listed at Farosh. The Terms of Use require you not to “crawl”, “scrape” or “spider” any of our pages at the website. Moreover, no attempts shall be made to obtain the source code of any of the pages.

Users must ensure not to interrupt with or disturb any of the services. Sending a virus or any such activity shall be considered unlawful and may result in termination of the license of your use.

The name of ‘Farosh’ and all our logos, taglines and designs are our trademarks. If there is a need to use any of our trademarks, the Trademark Policy of Farosh must be followed.

Farosh welcomes the feedback and ideas from its users. You can always send in your feedback, complaints and ideas to help us improve the quality of services provided through this platform. Your ideas and feedback submitted are considered non-confidential and non-proprietary and hence Farosh holds a non-exclusive, royalty free, irrevocable license to use these ideas and feedback in any way without having to take your consent or compensating you for it.

Users can interact online with Farosh. We provide all the legal information in writing. The Electronic Communication Policy at Farosh describes how communication takes place electronically through emails. The agreements submitted electronically are considered alternatives to the signature on paper. This is not only convenient for the users but environment friendly as well with less paperwork is involved.

 

7. Termination of Account

Termination by Users: Users can terminate their accounts at any time from their account settings. Some of the content that you posted prior to termination of account may remain unaffected upon the termination of account and it may remain available at the website. All outstanding bills must also be cleared even after the termination of accounts.

Account Suspend by Farosh: Farosh may suspend your account (and any related accounts) and your access to the Services in case of violation or poor rating, with advance notice and reason. In this case, you can contact our support (for buyer: [email protected], and for seller: [email protected]).

Termination of Services: Farosh reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Expiry of Account Inactivation: The inactive account can be re-activated simply by logging again into the account.

 

8. Warranties and Limitations of Liabilities of Farosh

Purchased Items: Users must note that Farosh does not manufacture any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Farosh may not make warranties about the quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly to Farosh. Farosh will process any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content Accessed: You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Farosh is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With: You can use the Services to interact with other individuals online. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.

Third-Party Services: Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Instagram). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Farosh is not a party to those agreements; they are solely between you and the third party.

Promotions and coupon codes: You acknowledge that Farosh does not make any warranties with respect to your coupons and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your coupons if your coupon or its code has been reported lost or stolen, or if we believe your coupon balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your coupon code stops working, your only remedy is for us to issue you a replacement coupon code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

Warranties: Farosh is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are explicitly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

Liability Limits: To the fullest extent permitted by law, neither Farosh, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms.

 

9. Indemnification

We hope this never happens, but if Farosh gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Farosh (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

 

10. Compliance with the Terms of Use

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one or more of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services or not. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with these updates. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

 

11. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Farosh regarding the Services. If any part of the Terms is found to be un-enforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

 

12. Contact Information

If you have any questions about the Terms, then buyer & seller contact on given number 042-32532244 or buyers can email us at [email protected], and sellers can email us at [email protected]