For use of our Site and other services, you confirm and declare that you shall not list or post
or provide
information in relation to the sale or purchase or exchange of services, content or information
that are illegal
under the laws of the Republic of India and/or are not permitted as per the prohibited items
policy listed
below.
Prohibited Item Policy
A. We specifically prohibit any listing or posting of classifieds or information in relation to
the
following items:
-
Alcoholic Beverages, Liquor, tobacco products, drugs, psychotropic substances, narcotics,
intoxicants of
any description, medicines, palliative/curative substances nor shall you provide link directly
or indirectly
to or include descriptions of items, or services that are prohibited under any applicable law
for the time
being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And
Magic
Remedies (Objectionable Advertisements) Act, 1954, Narcotic Drug and Prohibited Substances Act
and
the Indian Penal Code, 1860.
-
Living, dead person and/or the whole or any part of any human which has been kept or preserved
by any
means whether artificial or natural including any blood, bodily fluids and/ or body parts
-
Prostitution or any other service in the nature there of that purports to violate the
provisions of
Immoral Act or Indecent representation of women which violates the contemporary standards of
morality and decency in Indian society.
-
Religious items, including books, artifacts, etc. or any information, description of any such
item that is
likely to affect the religious sentiments of any person or group
-
Mature Audiences Policy includes films which do not have a certificate for public exhibition
issued by the
Central Board of Film Certification and or described and depict or otherwise deal with matters
which are
revolting or repulsive and or tend to deprave a person’s mind in such a way that they tend to
offend
against the standards of morality, decency and propriety generally accepted by reasonable
adults
-
Obscene Items includes items which contain an indecent representation of women within the
meaning of
the Indecent Representation of Women (Prohibition) Act, 1986; Any publication or film or item
that
describes or depicts a minor who is, or who appears to be, under 18 (whether the minor is
engaged in
sexual activity or not) and any computer games not suitable for minor that are unsuitable for a
minor to see
or play.
-
Offensive Material intended for use in a sexual setting (including "bondage" and "fetish"
items,)
displaying sexual activity or portraying human genitalia in a "life-like" or realistic fashion
"Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art
Treasures Act,
1972 ("the Act")
-
Information or items that are defamatory, libelous, threatening or abusive in nature
-
Information that is fraudulent, misrepresenting as to the nature and use of the or the
services.
-
Counterfeit, Pirated and stolen or unauthorized illegal services (services for which you are
not licensed
or permitted to do or do not have the authority to undertake).
-
Items, and services that infringe or attempt to pass off any third parties intellectual
property or rights of
publicity or moral rights and or purport's to breach any persons right to privacy.
-
Electronically transmitting through any medium computer viruses of any type or any computer
program that facilitates hacking of a computer system which the intent to damage a computer or
computer network or intercept any personal data.
-
Your information shall not include any hate content, that is derogatory or slanderous in nature
that may
directed to any individual or group or advocate violence against any users individuals and or
animals.
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Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985.
-
Fireworks, Destructive Devices and Explosives including any material that enables the making of
fireworks, explosive triggers and explosive devices.
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Identity Documents, Personal Financial Records & Personal Information (in any form, including
mailing lists)
-
Lottery Tickets, Sweepstakes Entries and Slot Machines
-
Items in violation of the Food Adulteration Act, 1954
-
Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia,
and/ or
items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag
Codes of
India Act, 2002
-
Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas,
stun
guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959.
-
"Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are solely listed for
the
purpose of defrauding users.
-
Spam, abusive, duplicate, listing, fraud schemes (e.g. "Get rich quick" "work at homes" scams
which are
solely listed for the purpose of duping users)
-
Inappropriate, Wrong Category (e.g dining table listed as office furniture).
-
Incorrect City / Location of Listing (listing allowed only in the city you are based in, of
listing)
-
International Listings.
B. Without prejudice to the generality of the above, Flathalt does not permit posting or
listing of
classifieds in relation to the following:
-
"Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares,
bonds, debentures, etc. and/or any other financial instruments/assets of any description
-
Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved
by
any means whether artificial or natural including rugs, skins, specimens of animals, antlers,
horns, hair,
feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and
purchase of
which is prevented or restricted in any manner by applicable laws (including those prohibited under
The
Wildlife Protection Act, 1972 and/ or The Environment Protection Act, 1986)
C. Your listing, information, Advertisement
-
Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. Further
shall not
be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, counterfeit,
stolen or
services which do not belong to you or you do not have the authority for. Further still shall not
infringe
any intellectual property, trade secret, or other proprietary rights or rights of publicity or
privacy of any
third party.
-
Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other
computer programming routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
-
Shall not be allowed to libel anyone or include hate, derogatory, slanderous speech directed at
individuals
or groups. You should not advocate violence against other users or individuals or groups.
2. In addition to the above and for the purposes of clarity all Users shall be expected to adhere to and
comply with the following Policies while listing of items:
-
Restricted Item Policy: In addition to the above prohibited items policy users shall also adhere to and
comply with the restricted items policy while listing, posting or providing information in relation to any or
services.
-
Duplicate Ad listings are not allowed: Any ad posted more than once with the same content or Title in
the same city and category would be considered as a Duplicate Ad. We advise you to post multiple ads
only if you have different items or services for sale. All duplicate ads would be deleted and posters
penalized if the problem persists.
-
Mature Audience/Sexually oriented material: Classifieds relating to items that includes items intended
for use in sexual activity would not be permitted. (An example of such classifieds relating to an item not
normally permitted would be a classified for the sale of a vibrator). Please also be aware that titles with
graphic adult language are inappropriate, regardless of the item contained in the listing itself.
3. Consequences of Breach of Listing Policy
Users who violate the prohibited items policy and or the restricted items policy may be subject to
the following actions
- Suspension or termination of membership.
- Permanent blocking of access to the site.
- Reporting to Law Enforcement or Appropriate Authorities.
Representing Yourself, Your Services, and Your Listings Honestly
At Flathalt, we value transparency. Transparency means that you honestly and accurately represent yourself, your services.
By posting at on Flathalt, you agree that you will
- Provide honest, accurate information in your section.
- Honor our policies
- Respect the intellectual property of others. If you feel someone has violated your intellectual propertyz rights, you can report it to Flathalt.
- Not engage in fee avoidance.
- Not coordinate pricing with other sellers.
4. Privacy and Communicating with Other Flathalt Members
Conversations
You can use Flathalt Conversations (“Convos”) to communicate directly with your buyers or other Flathalt
members. Conversations are a great way for buyers to ask you questions about an item or an order.
Conversations may not be used for the following activities:
- Sending unsolicited advertising or promotions, requests for donations or spam;
- Harassing or abusing another member or violating our Anti-Discrimination Policy;
- Contacting someone after they have explicitly asked you not to; or
- Interfering with a transaction or the business of another member.
Interference
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away
their business. Interference is strictly prohibited on Flathalt. Examples of interference include:
- Contacting another member via Flathalt Conversations to warn them away from a particular member or services;
- Posting in public areas to demonstrate or discuss a dispute with another member;
- Purchasing from a seller for the sole purpose of leaving a negative review;
- Maliciously clicking on a competitor's Promoted Listings ads in order to drain that member's advertising budget, also known as 'click fraud'
Harassment
Any use of Flathalt Conversations to harass other members is strictly prohibited. Similarly, Conversations may
not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a
Convo that violates this policy, please let us know right away.
Privacy and Protecting Personal Information
You are responsible for protecting members’ personal information you receive or process. This means that, to
the extent you use the Services outside of the Sites or Apps, or to the extent your local jurisdiction requires it,
you must maintain a privacy policy for your shop that is consistent with the privacy terms set forth in Flathalt’s
Terms of Use (including this Seller Policy) and Flathalt’s Privacy Policy. Such laws may require that you post,
and comply with, your own privacy policy, which must be accessible to Flathalt members you interact with and
compatible with this policy and Flathalt’s Terms of Use.
When you sell on Flathalt, you may communicate with other members or have transactions with buyers. This
means you may process personal information (for example, buyer name, email address, and shipping address)
and may be considered an independent and separate “data controller” under EU law or other local regulations. If
you disclose personal information like a buyer’s name and email address without the buyer’s consent, you are
responsible for that unauthorised disclosure.
For example, you may receive a buyer’s email address or other information as a result of entering into a
transaction with that buyer. This information may only be used for Flathalt-related communications or for
Flathalt-facilitated transactions. You may not use this information for unsolicited commercial messages or
unauthorised transactions. Without the buyer’s consent, and subject to other applicable Flathalt policies and
laws, you may not add any Flathalt member to your email or physical mailing list, use that buyer’s identity for
marketing, or obtain or retain any payment information. Please bear in mind that you're responsible for knowing
the standard of consent required in any given instance.
If Flathalt and you are found to be joint data controllers of personal information, and if Flathalt is sued, fined, or
otherwise incurs expenses because of something that you did as a joint data controller of buyer personal
information, you agree to indemnify Flathalt for the expenses it occurs in connection with your processing of
buyer personal information.
For more information, please see our Privacy Policy.
5. Creating and Uploading Content
As a member of Flathalt, you have the opportunity to create and upload a variety of content, like listings,
Convos, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will
not upload content that is:
- Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy;
- Obscene or vulgar;
- In violation of someone else’s privacy or intellectual property rights; or
- False, deceptive, or misleading.
6. Building a Positive Reputation through our Reviews System
Reviews are a great way for you to build a reputation on Flathalt. Buyers can leave a review, including a one to
five star rating only on the rare occasion you receive an unfavourable review, you can reach out to the buyer or,
if the review is less than 3 stars, leave a response.
Reviews and your response to reviews may not:
- Contain private information;
- Contain obscene, racist, or harassing language or imagery;
- Violate our Anti-Discrimination Policy;
- Contain prohibited medical drug claims;
- Contain advertising or spam;
- Be about things outside the seller’s control, such as a shipping carrier, Flathalt or a third party; or
- Undermine the integrity of the Reviews system.
Extortion
Extortion is not allowed on Flathalt. Any attempt to manipulate reviews through threats, intimidation, or bribery
is considered extortion and is strictly prohibited on Flathalt. Extortion includes when a seller offers a buyer
additional goods, services, or compensation in exchange for a positive review. For more information, please
see this Help article.
Shilling
Shilling is strictly prohibited on Flathalt. Shilling is the fraudulent inflation of a shop’s reputation by use of an
alternate account. The intent of shilling is to make a seller look more desirable by increasing the shop’s number
of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to
be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest,
unbiased opinions, findings, beliefs or experience of the buyer. For more information on shilling, including
examples, please see this Help article.
7. Providing Great Customer Service
We expect our sellers to provide a high level of customer service. By selling on Flathalt, you agree to:
-
Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete
a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be
aware that legal requirements for shipping times vary by country. These requirements are detailed in
our Shipping Policy.
- Respond to Conversations in a timely manner.
- Honor the commitments you make in your shop policies.
- Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a
resolution, our Dispute Resolution team can help through our case system. Read about your rights and
responsibilities regarding cases here.
- If you are unable to complete an order, you must notify the buyer and cancel the order. Read about how
to cancel an order in this Help article.
Flathalt will help you provide great customer service and maintain trust with your buyers through our Seller
Service Level Standards (“SLS.”) Read more about SLS here.
Flathalt also provides limited protection to sellers who meet the requirements of our Seller Protection Program.
Read more about Flathalt’s Seller Protection Programme here.