
Terms Of Use For Information Dissemination
This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of ForumSquare's service via ForumSquarel Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
YOUR ACCEPTANCE OF THIS AGREEMENT:This is an agreement between you ("you" or "your") and ForumSquare LLP, a company incorporated under the Companies Act 1956 with its registered office at Hs No: 2-117-31/648, boduppal, Hyderabad, 500092 ("ForumSquare" "we," or "our") that governs your use of the search services offered by ForumSquarel through its website www.forumsquare.in ("Website"), telephone search, SMS, or any other medium using which ForumSquare may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").
CHANGES:We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
HOW YOU MAY USE OUR MATERIALS:We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, ForumSquare is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to ForumSquare. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by ForumSquare.
HOW WE MAY USE INFORMATION YOU PROVIDE TO US:Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
REVIEWS, RATINGS & COMMENTS BY USERS:
Since, ForumSquare provides information directory services through various mediums (SMS, WAP, E-Mail, Website, or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the ForumSquare services and also about the Vendor's listed at ForumSquare is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by ForumSquare and any materials you add to the Site or add to any mediums offered by FourSquare, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). ForumSquare does not endorse or accept any of your Communication as representative of their (ForumSquare) views. By transmitting any public Communication to the Site, you grant ForumSquare an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant these rights to ForumSquare . You hereby waive and grant to ForumSquare all rights including intellectual property rights and also "moral rights" in your Communications, posted at ForumSquare through any of mediums of ForumSquare. ForumSquare is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also ForumSquare reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
ForumSquare has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. ForumSquarel cannot review all Communications made on and through any of the mediums of ForumSquare. However, ForumSquare reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which ForumSquare in its sole discretion deems inappropriate, offensive or contrary to any FOrumSquare policy, or that violate this terms:
ForumSquarel reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
- is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
- constitutes or contains false or misleading indications of origin or statements of fact;
- slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
- causes injury of any kind to any person or entity;
- infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
- violates any applicable laws, rules, or regulations;
- contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonates another person or entity, or that collects or uses any information about Site visitors.
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then ForumSquare reserves the right to take appropriate legal action against you. Further, you shall indemnify and protect ForumSquare against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments ForumSquare takes no responsibility and assumes no liability for any content posted by you or any third party on ForumSquare site or on any mediums of ForumSquare.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of ForumSquare.
NOTIFICATIONS:
By using the Services on ForumSquare, it shall be deemed that you provide consent for us to send you notifications from ForumSquare in the form of SMS or WhatsApp on your registered mobile number or e-mails. These notifications could, among other things, relate to your registration, Transactions carried out through ForumSquare, promotions offered by third party such as banks and brands, and / or other communication in relation to ForumSquare. Further, we may also send notifications and reminders to you with respect to your activity on ForumSquare. However, please note that, we shall not be liable for any failure to send such notifications or reminders to you.
CONTENT DISCLAIMER:
ForumSquarel communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms ForumSquare has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .
ForumSquare reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with ForumSquare. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by ForumSquare. ForumSquare does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by ForumSquare.
ForumSquare is not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and ForumSquarel will at no point of time be responsible for the accuracy or correctness of such information. ForumSquare reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).
ForumSquare also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, ForumSquare is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
ADDITIONAL DISCLAIMER:
Fs does not provide guarantee for booking.
Users using any ofForumSquare service across the ForumSquare mediums ie. through internet ie www.forumsquare.in Website, or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with ForumSquare. The Duty of fulfilling the transaction/s or agreement/s of any kind made with a Seller/s, Advertiser/s onForumSquare mediums does not fall on ForumSquare.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Seller/s, Advertiser/s is taken in good faith, without least suspecting the bonafides of the Seller/s, Advertiser/s andForumSquare does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Seller/s, Advertiser/s listed withForumSquare. Further,ForumSquare is not at all responsible for any act of Seller/s, Advertiser/s listed atForumSquare.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL FORUMSQUARE BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF FORUMSQUARE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. FORUMSQUARE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES:
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, external links(not managed by ForumSquare) are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms . We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.
MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. ForumSquare may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms . However, anyone using the Platforms agrees that ForumSquare may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. ForumSquare reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. DELETIONS FROM SERVICE: ForumSquare will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. ForumSquare reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of ForumSquare, may be, defamatory, infringing or violate of applicable law. ForumSquare reserves the right to exclude Material from the Platforms. Materials submitted to ForumSquare for publication on the Platforms may be edited for length, clarity and/or consistency with ForumSquare's editorial standards.
INDEMNIFICATION:
You agree to indemnify and hold us and affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
MISCELLANEOUS:
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and ForumSquare. ForumSquare reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. ForumSquare reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: ForumSquare LLP, Hs No: 2-117-31/648, boduppal, Hyderabad, 500092 .
Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach thereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Hyderabad, India.
Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.
In relation to any complaints or concerns, you can visit our online customer care page - www.forumsquare.in Or email to us at "customerservice@forumsquare.in".
ForumSquare CANCELLATION POLICY
ForumSquare LLP, having its registered address at Hs No: 2-117-31/648, boduppal, Hyderabad, 500092("ForumSquare", "we", "us"or "our") is managing and operating the web application/website Forumsquare.in. This cancellation policy ("Policy"), together with the Terms of Use sets out the terms and conditions for cancellation of products, services listed and sold on ForumSquare. The products, services listed and sold on ForumSquare shall be referred to herein as "Products, Services".
1.APPLICABILITY OF POLICY
By using ForumSquare and/or initiating a request for purchase, booking of Product(s), Services(es) on the ForumSquare, you agree to be bound by the terms contained in this Policy without modification. If you do not agree to the terms contained in this Policy, you are advised not to transact on ForumSquare. Please note that, we may from time to time change the terms of the Policy that govern your terms of cancellation of an order for Product, Service bought on ForumSquare. Every time you wish to use ForumSquare, please check the Policy to ensure you understand the terms and conditions that apply at that time.
2.TERMS OF CANCELLATION
● (a) You can cancel the order prior to the dispatch of Product by ForumSquare or the seller. The order cannot be cancelled once the dispatch has been initiated.
● (b) You can cancel the order prior to the five hours before the time of booking of the service by ForumSquare or the Vendor. The order cannot be cancelled once the time remaining till booking is less than five hours.
● (c) The request for cancellation of the order can be made by cancelling the order from ?My Orders? section by using the order tracking number, or by calling our customer care number, or any other method, as may be intimated by ForumSquare to you from time to time.
● (c) On the receipt of order cancellation request, your order will be cancelled with immediate effect, and the refund process will be initiated within 24 hours of confirmation of cancellation.
● (e) You can not cancel a order request from a particular vendor more than three times in a particular day.
● (f) FourSquare reserves right of account blocking if frequent cancellation is observed by ForumSquare and/or a Vendor complaints of the issue.
4.CUSTOMER SUPPORT TEAM
For any feedback, concern or query, you may please reach out to us on the below contact details:
Visit our online customer care page: www.forumsquare.in
Write to us on:customerservice@forumsquare.in
SELLER SERVICES AGREEMENT
Welcome to ForumSquare!
The website, www.forumsquare.in including its relevant onboarding, seller platform section(s) (the "Website") are managed and operated by ForumSquareLLP("ForumSquare", "us", "we", "our"), incorporated under the Companies Act, 1956 and its registered office atHs No: 2-117-31/648, boduppal, Hyderabad, 500092. The Website and Dashboard are collectively referred to as the"ForumSquare"or the "Platform".
ForumSquare is a SaaS company that allows third party sellers, brand owners, retailers and distributers ("You"or "Sellers") to list and provide their products, services for retail, healthcare sale to end Customers ("Transactions") through a personal website to each seller. A dashboard is also provided to seller to manage website, bookings, and other internal operations.
These terms and conditions of sale ("Terms") govern the Services, access to, and use of ForumSquare by the Sellers for the purpose of offering products and services to end customers of ForumSquare ("Customer").
Please read these Terms carefully before using the Services or accessing ForumSquare. By using ForumSquare, registering for the Services or expressly accepting the Terms in the manner stipulated by ForumSquare, you signify your consent to be unconditionally bound by these Terms and any other policies made applicable in addition to these Terms from time to time.
This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act"), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
For your ease of understanding, these Terms have been divided into the following parts:
A. TERMS FOR USING FORUMSQUARE AS A SELLER
B. SERVICE FEE AND PAYMENTS
C. LISTING OF PRODUCTS / SERVICES ON FORUMSQUARE
D. GENERAL TERMS
A. TERMS FOR USING FORUMSQUARE AS A SELLER
1. USE OF FORUMSQUARE
1.1. Subject to your strict compliance with these Terms and other such criteria as we may specify from time to time, ForumSquare grants to you, a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable, revocable and personal license to use ForumSquare solely for the limited purpose of availing the Services and carrying out Transactions.
1.2. By using ForumSquare and the Services, you grant to ForumSquare a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any text, images, videos or other form of content uploaded by you on ForumSquare (hereinafter referred to as "User Generated Content" or "UGC")without additional approval or consideration for the full term of any rights that may be relevant for such content. You agree that your use of ForumSquare and the Services shall be deemed to be a waiver of any claim to the contrary over any feedback, comments, ideas or suggestions or any other content provided by you to ForumSquare.
1.3. In order to facilitate a seamless payment mechanism, ForumSquare may require you to make and receive payments through a payment aggregator and a payment gateway. By using ForumSquare, you agree to use the payment aggregator and the payment gateway in accordance with the terms and conditions for availing services by such payment aggregator and payment gateway.
1.4. These Terms are to be read along with the Privacy policy("Privacy Policy")and such other policies as ForumSquare may notify from time to time, all of which will be deemed to be included herein by reference. Your use of ForumSquare signifies that you hereby agree to the terms of each such policy made applicable from time to time.
1.5. Your use of ForumSquare is only to facilitate Transactions between you and Customers. Please note that each Transaction shall be deemed to be a contract only between you and Customer. To clarify, ForumSquare shall not be a party to any contract or arrangement entered into connection with a Transaction.
1.6. Further please note that, ForumSquare shall at all times at its sole discretion, have the right to refuse you or any other person, the access to ForumSquare and its services, terminate or suspend your account either permanently or temporary, edit, censor or monitor materials posted on ForumSquare, with or without notice to you and for such time period as ForumSquare may deem fit.
2. ELIGIBILITY
Only persons who can form legally binding contracts under Indian Contract Act, 1872 may register themselves as Sellers on ForumSquare, and avail Services. Persons who are ?incompetent to contract? within the meaning of the Indian Contract Act, 1872 including without limitation, un-discharged insolvents are not eligible to use ForumSquare. If you are a minor i.e., under the age of 18 years, you cannot register yourself as a Seller. We reserve the right to terminate your membership and / or refuse to provide you with access to ForumSquare if it is brought to our notice or if it is discovered that you are incompetent to enter into this contract.
3. REGISTRATION
3.1. In order to use ForumSquare, you will be required to create an account with us ("Seller Account"). For creation of such Seller Account, you will be required to provide relevant information as may be deemed appropriate by us, including without limitation, your name, entity details, residence / place of incorporation and contact details (collectively, the "Account Information").
3.2. Please note that, you shall be solely liable for:
(a) maintaining the confidentiality of the Account Information;
(b) safeguarding your passwords and preventing unauthorized access to your account;
(c) keeping your Account Information current and accurate; and
(d) immediately notifying ForumSquare of any unauthorized use of your account or any other security breach.
3.3. You shall be responsible for all activities that occur through your Seller Account. If we detect any misuse of your Seller Account, including but not limited to ForumSquare policies applicable for listing of non-compliant products, MRP violation, restricted products and services etc. we may delist the Products listed by you on ForumSquare without any prior intimation, and/ or suspend/terminate your Seller Account on ForumSquare. You agree that ForumSquare will not be liable or responsible for the activities, consequences leading to legal proceedings by use or misuse of information that is provided by you on the Platform.
3.4. In case your use of ForumSquare is not in accordance with these Terms and other criteria as may be set out by ForumSquare from time to time, we may notify you of such non-conformity after having actual knowledge of such non-conformance. Once you are notified, you must adopt appropriate measures to correct deficiencies and non-conformance within a period of 2 (two) business days. Please note that, we will not be liable to settle any payment that accrues or amount that may be payable until you correct such deficiencies or non-conformance to our absolute satisfaction.
3.5. Please note that, without prejudice to any other rights available to us under these Terms or otherwise, in the event you fail to correct the notified non-conformance within the period prescribed in Paragraph 3.4 of Part A above, or if such remedial action is not practicable, ForumSquare will have the right but not the obligation to terminate these Terms or to suspend your Seller Account and your use of the Services with immediate effect at its sole discretion.
3.6. Please note that, without prejudice to the other rights available to us under these Terms or otherwise, we may take action for non-conformance with these Terms or representations made by you to the Customers / other users of ForumSquare or such other actions as ForumSquare may notify from time to time. By using the Services and ForumSquare, it shall be deemed that you provide consent for us to send you notifications from ForumSquare in the form of SMS or WhatsApp on your registered mobile number or e-mails. These notifications could, among other things, relate to your registration, Transactions carried out through ForumSquare, promotions offered by third party such as banks and brands, and / or other communication in relation to ForumSquare. Further, we may also send notifications and reminders to you with respect to your activity on ForumSquare. However, please note that, we shall not be liable for any failure to send such notifications or reminders to you.
4. INVOICING AND PAYMENT
Payment terms between Seller and ForumSquare:
(a) The Platform fee is a fixed fee in pay as you go per month model, 1st month i.e in trial period payment is not needed for platform usage. Second month on wards payment must be made as per payment terms to access ForumSquare platform. Your continued use of ForumSquare following the changes or updates shall mean that you have accepted and agreed to the revisions.
(b) The Seller hereby allows ForumSquare to withhold all the payments in case the Seller misuses ForumSquare or attempts to deceive the Customer. In such cases, ForumSquare has the right to settle all the payment with the Customer in the rightful manner and/or levy appropriate charges on the Seller for abuse of ForumSquare.
(c) ForumSquare reserves the right to introduce a fee for the Seller?s access to services and products of ForumSquare and/or for provision of certain services to the Seller, in the manner stipulated by ForumSquare from time to time.
5. TERMS OF USE
5.1. Each time you access or use ForumSquare you represent and warrant to ForumSquare that:
(a) you are competent to enter into a legally binding contract under the Indian Contract Act, 1872;
(b) you are in compliance with all central, state and local laws, rules and regulations applicable in the relevant jurisdiction in India or anywhere else in the world, in relation to the use of ForumSquare and the Transactions carried out in connection thereto, as the case may be, under these Terms;
(c) you have obtained and maintain all licenses, permits, approvals, consents, registrations under applicable laws in relation to the use of ForumSquare services and the Transactions carried out in connection thereto;
(d) you are compliant with the provisions of all applicable laws, including (i) the Central Goods and Services Tax Act, 2017 and State Goods and Services Tax Acts, 2017 and rules and regulations formulated thereunder; (ii) the Food Safety and Standards Act, 2006 and the rules and regulations formulated thereunder as applicable; and (iii) laws relating to QR codes;
(e) performance under these Terms does not and will not conflict with, violate, or result in a breach of any provision of any other contract or agreement to which you may be bound; there are no litigations, actions, claims, disputes or proceedings pending or threatened, which if decided adversely against such you would interfere with the performance of these Terms;
(f) performance under these Terms does not and will not conflict with, violate, or result in an infringement of the intellectual property of any third Party;
(g) you will provide accurate information at all the times on ForumSquare about the products, services you are offering for sale;
(h) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury's Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce?s Entity List), the European Union or its member states, or other applicable government authority; and
(i) you will act fairly and not misuse ForumSquare features or services that are made available to you under these Terms.
5.2. In the event, a person is registering on ForumSquare on behalf of a business entity, such person by making such registration, represents that such person is duly authorized by such business entity to enter into these Terms and have the authority to bind such business entity to these Terms. Further, such person who is registering on to ForumSquare on behalf of a business entity shall also provide ForumSquare with a copy of the duly executed and stamped letter of authority issued on the letterhead of the business entity.
5.3. By using ForumSquare you warrant, you will not, at any time:
(a) delete or modify any content on ForumSquare, including but not limited to, any information regarding the legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
(b) decompile, reverse engineer, or disassemble or otherwise tamper with, the contents of ForumSquare, whether in whole or in part, or create any derivative works therefrom;
(c) use ForumSquare, in any way that is unlawful, or adversely impacts ForumSquare or any other person or entity;
(d) make false, inaccurate, misleading or malicious statements;
(e) post, copy submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage ForumSquare and/or any connected network, or otherwise interfere with any person or entity's use or enjoyment of JForumSquare;
(f) engage in any form of antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling,", "phishing" and "griefing" as those terms are commonly understood and used on the internet;
(g) post or upload any content, including reviews, that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party;
(h) attempt to gain unauthorized access to any portion or feature of ForumSquare, other systems, networks connected to ForumSquare, server, computer, network, or the services offered on or through ForumSquare by hacking, password ?mining?, or any other illegitimate means;
(i) contact or attempt to contact the Customer(s), in any form or manner;
(j) probe, scan or test the vulnerability of the ForumSquare systems or platform software or any network connected thereto, nor breach the security or authentication measures on the ForumSquare systems or any network connected thereto;
(k) make any negative, denigrating, or defamatory statement(s) / comment(s) about ForumSquare, the brand name or domain name used by ForumSquare, or otherwise engage in any conduct or action that might tarnish the goodwill, image or reputation of ForumSquare or other persons using ForumSquare or otherwise tarnish or dilute any ForumSquare trademark, service marks, trade name and / or goodwill associated with such trade, service marks or trade name as may be owned or used by ForumSquare;
(l) take any action that imposes an unreasonable or disproportionately large load on the infrastructure on ForumSquare?s systems, networks, or any systems or networks connected to ForumSquare;
(m) take any action with the objective of securing favorable treatment by any officers, employees, agents or representatives of ForumSquare, such as by extending gratuities, in the form of entertainment, gifts or otherwise;
(n) direct any users of ForumSquare to any platform other than ForumSquare for any purpose by any means whatsoever, including without limitation by providing any third party links, information of third parties or information of your own commercial operations;
(o) attempt to damage or abuse another seller, their listings or rating;
(p) attempt to influence customers? ratings, feedback, and reviews or contact Customers to make promotional offers without Customer consent;
(q) send unsolicited or inappropriate communications to the Customers or any other user of ForumSquare and contact customers except only through ForumSquare enabled messaging services;
(r) attempt to circumvent any ForumSquare policy or process.
5.4. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another?s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ?indecent representation of women? within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(g) infringes upon or violates any third party's rights including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity;
(h) promotes an illegal or unauthorized copy of another person's copyrighted work;
(i) contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
(k) tries to gain unauthorized access or exceeds the scope of authorized access to the ForumSquare systems or software, profiles, blogs, communities, account information, bulletins, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the ForumSquare platform;
(l) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ?virtual? items without our prior written consent;
(m) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(n) interferes with another?s use and enjoyment of ForumSquare;
(o) refers to any application/URL which, at our sole discretion, contains material that is inappropriate and content that is prohibited or violates the letter and spirit of these Terms;
(p) harms minors in any manner ;
(q) involves the sale of counterfeit, stolen items or any other items in violation of applicable law;
(r) violates any law for the time being in force;
(s) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(t) impersonates another person;
(u) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information; and/or
(v) 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 offence or, prevents investigation of any offence, or is insulting any other nation.
5.5. By using ForumSquare, you undertake that, at all times:
(a) you shall procure all such insurances as may be required to safeguard the Transaction, including without limitation, insurance safeguard for delivery of goods or services in case of self-shipment.
(b) you shall provide such information relating to the goods or services offered by you through ForumSquare or by making use of the Services as may be required by ForumSquare, including but not limited to such information as may be required from time to time to comply with the Consumer Protection (E-Commerce) Rules, 2020 and any other applicable law;
(c) you shall deposit all taxes/statutory levies/charges ("Statutory Liabilities")with the relevant authorities and make all filings within the period prescribed under applicable laws. You will promptly provide to ForumSquare the proof for the same, and such other information and documents as may be required by ForumSquare. You agree that ForumSquare may withhold the amount equivalent to anyStatutory Liabilities ("Withheld Amounts")until such time you provide proof of such deposit/filings. If you delay in depositing and/or fail to deposit such Statutory Liabilities within the period prescribed under applicable laws, ForumSquare may at its sole discretion deposit the Statutory Liabilities, along with interest and penalties levied by the authorities. In such case, ForumSquare shall be entitled to set-off the Statutory Liabilities (and interest and penalties, if any) paid to the authorities against the Withheld Amounts. If the Withheld Amounts are not sufficient for such set-off, you will reimburse ForumSquare within 15 days of ForumSquare notifying you of such payment of Statutory Liabilities (and interest and penalties, if any);
(d) you will ensure that descriptions, images, and other content pertaining to goods or services being offered for sale by you on ForumSquare are accurate and correspond directly with the appearance, nature, quality, purpose and other general features of such good or service;
(e) you will not adopt any unfair trade practice, or falsely represent yourself (or contract or enter into an arrangement with any person to represent themselves) as a consumer and / or either directly or through any person post reviews about goods or services, or misrepresent the quality or the features of any goods or services;
(f) you will not engage in malpractices on ForumSquare relating to other sellers of ForumSquare, such as by way of posting false/negative reviews about products sold by other sellers on ForumSquare;
(g) you consent and agree to be bound by the promotional offers being offered at the Website/ForumSquare in relation to the campaigns and offers you opt to participate in;
(h) you agree to be bound by such fulfilment, refund or cancellation policies as we may lay down from time to time with regard to Transactions on ForumSquare;
(i) you shall maintain dedicated bandwidth to manage and support your obligations set out hereunder, including in relation to the Transactions on ForumSquare. Accordingly, you may designate a personnel who shall at all times be responsible for managing and supporting your obligations set out hereunder;
(j) you shall use ForumSquare and carry out each Transaction in accordance with the Terms and other criteria that may be set out by ForumSquare in writing, from time to time;
(k) you will comply with all central, state and local laws, rules and regulations applicable in the relevant jurisdiction in India or anywhere else in the world, in relation to the use of ForumSquare and the Transactions carried out in connection thereto, as the case may be, under these Terms;
(l) you shall use ForumSquare for reasonable and lawful purposes only, and shall not indulge in any activity that is harmful to ForumSquare or its content or otherwise not envisaged through ForumSquare, as determined by ForumSquare in its sole discretion;
(m) you shall comply with such grievance redressal mechanisms and dispute resolution mechanism ("Customer Redressal Mechanism")as ForumSquare may institute from time to time to address grievances or disputes arising between Sellers and Customers on ForumSquare or between Sellers inter-se, including any procedural rules under such Customer Redressal Mechanism. You agree to be bound by the decision applicable to you that is laid down under such Customer Redressal Mechanism. You agree to sign such documentation as may be necessary to further bind you under applicable law to the procedures and obligations under such grievance redressal mechanism or dispute resolution mechanism; and
(n) all information furnished or representations made by you to ForumSquare or any third parties in connection with ForumSquare and / or Transactions in any capacity shall be true and accurate at all times.
5.6. When you use ForumSquare, you agree that you may be involved in the transmission of personal information and sensitive personal information, including but not limited to Account Information (collectively "SPI"), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. You must take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Information Technology (Security of Prepaid Payment Instruments) Rules, 2017.
5.7. When you use ForumSquare, you agree that ForumSquare may provide you with certain data of other users of ForumSquare for the purpose of creating invoices or for providing installation or warranty services in relation to Transactions, etc. Please note that you may use such ForumSquare Customer Data only for the limited purpose mentioned above and shall not store or use such ForumSquare Customer Data for any other purpose whatsoever. Further, without prejudice to the generality of the foregoing, you must delete all such ForumSquare Customer Data and any copy thereof upon the deactivation of your account with us and provide ForumSquare with such proof of destruction of the data as ForumSquare may deem fit. ForumSquare reserves the right to blacklist you for any breach of this clause and institute appropriate legal proceedings.
6. DISCLAIMER OF WARRANTIES
6.1. By using ForumSquare you expressly agree and acknowledge that:
(a) the information, content and materials on ForumSquare are provided on an "as is" and "as available" basis. ForumSquare and all its affiliates, officers, employees, agents and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, accuracy, or fitness for a particular purpose;
(b) ForumSquare does not pre-screen UGC and some UGC may contain views that may be opinions of users and also of experts. These views do not represent ForumSquare?s opinions, beliefs, morals or values. You agree and acknowledge that ForumSquare does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any UGC that you submit or publish on ForumSquare. After posting any UGC on ForumSquare, you continue to own the rights that you may have in that UGC, subject to the limited license set out herein below. ForumSquare shall not be liable to ensure that that UGC on ForumSquare is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties;
(c) Without prejudice to the other rights available to ForumSquare under these Terms, please note ForumSquare shall have no liability for any infringement or claims which result from infringement of Intellectual Property (as defined below) of the Seller or of a third Party by the Seller including without limitation, any infringement arising out of modifications to the Intellectual Property (as hereinafter defined) of ForumSquare made by you; use of the Intellectual Property of ForumSquare in combination with any equipment, software, or data, not produced or authorized by ForumSquare; use of your Intellectual Property by ForumSquare in combination with any equipment, software, or data, as instructed or authorized by you; or use of the Intellectual Property of ForumSquare by you in a manner that is unlawful, prohibited under these Terms or for a purpose not contemplated under these Terms;
(d) While ForumSquare will try to make access to and use of ForumSquare error-free, however, your access to ForumSquare may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. ForumSquare shall not be liable for any access or use problems that arise from internet related issues at your end;
(e)ForumSquare does not warrant that the operation of ForumSquare, including the functions contained in any content, information and materials on ForumSquare or any third-party sites or services linked to ForumSquare will be uninterrupted, timely or error-free, that the defects will be rectified, or that ForumSquare or the servers that make such content, information and materials available are free of viruses or other harmful components;
(f) any material downloaded or otherwise obtained through ForumSquare is accessed by you at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system and / or other electronic device;
(g) ForumSquare shall not be liable to ensure that other users of ForumSquare are or will be complying with the foregoing rules or any other provisions of these Terms. As between you and ForumSquare, you hereby assumes all risk of harm or injury resulting from any such lack of compliance;
(h) ForumSquare does not make any representations or warranties in relation to the products or services proposed to be sold, offered to be sold or purchased on ForumSquare, including without limitation the quality, value, and / or usability thereof;
(i) ForumSquare does not implicitly or explicitly support or endorse the sale or purchase of any products and services on ForumSquare;
(j) ForumSquare shall not be held liable for any intentional or unintentional actions, errors, omissions, and / or misrepresentations, non-performance or breach of any contract, of you or third parties in relation to the products and services and / or the Transactions on ForumSquare;
(k) You hereby agree that the title of the Products shall be with You till the time the Product(s) is delivered to the Customer. This would be applicable even when transit services are provided by ForumSquare. It is further clarified that ForumSquare shall not gain title to or have any rights or claims over the products or services offered by you.
(l) irrespective of the reasonable efforts we may make in this regard, ForumSquare cannot control the information provided by third parties which is made available on ForumSquare and subject to the applicable law, ForumSquare will not be held liable in any manner with respect to such information provided by third parties; and
(m) all commercial / contractual terms including without limitation, price, shipping costs, payment methods, mode of delivery, and warranties related to products and services and after-sales services related to products and services offered by you on ForumSquare shall be your sole liability.
7. INDEMNIFICATION
7.1. You will indemnify, defend and hold harmless ForumSquare and its affiliates, and each of its and their officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, penalty (including from governmental authorities), inconveniences and / or costs (including reasonable attorney fees and costs) arising from or in any way connected with your access to or use of ForumSquare or the Transaction, violation of these Terms or applicable laws, or infringement of any rights related to Intellectual Property or other rights of ForumSquare or any third-party. In addition to the foregoing and without prejudice thereto, you hereby agree to provide ForumSquare with such assistance as ForumSquare may require, at your expense, in defending any such claim, loss, liability, damage, or cost. Your indemnification obligations hereunder will survive the expiry or termination of these Terms and/or your use of the Service.
8. LIMITATION OF LIABILITY
8.1. By using ForumSquare you, hereby acknowledge and undertake that you are accessing ForumSquare, transacting at your own risk and are using your best and prudent judgment before entering into any Transactions or any commercial or non-commercial arrangements through ForumSquare. You hereby release and agree to indemnify ForumSquare and / or any of its officers and representatives from any cost, damage, liability or other consequence of any of your actions on ForumSquare and specifically waive any claims that you may have in this behalf under any applicable law.
8.2. To the fullest extent permitted by law, in no event shall ForumSquare or any of its directors, officers, employees, agents or content or service providers (collectively, the "ForumSquare Representatives") be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, ForumSquare or the content, materials and functions related thereto, the services, the provision of information via ForumSquare, lost business, even if ForumSquare or such ForumSquare Representatives have been advised of the possibility of such damages.
8.3. Notwithstanding Paragraph 8.2 of Part A above, the total cumulative liability of ForumSquare or ForumSquare Representatives in relation to any losses arising out of direct damages shall not exceed an amount equal to total Transaction Fees actually paid to ForumSquare for the period of 12 (Twelve) calendar months immediately preceding the claim for such liability.
8.4. In no event shall ForumSquare or the ForumSquare Representatives be liable for:
(a) the use or inability to use ForumSquare;
(b) any content posted, transmitted, exchanged or received by or on behalf of you or other person on or through ForumSquare;
(c) any unauthorized access to or alteration of your transmissions or any other third parties? data; or
(d) any other matter relating to ForumSquare.
8.5. By using ForumSquare, you agree and acknowledge that ForumSquare is neither liable nor responsible for any actions or inactions of the other users of ForumSquare or any breach of conditions, representations or warranties by them. ForumSquare is not obligated to mediate or resolve any dispute between you and other users of ForumSquare. ForumSquare is only a facilitator between the third party service providers and You. You shall be entering into separate agreements with third party service providers if you choose to avail services from them and any dispute or liability arising with such third part service providers, would be governed as per your agreement with third party service providers.
8.6. None of the directors, officials or employees of ForumSquare shall be personally liable for any action in connection with ForumSquare wherein the services are not directly provided by ForumSquare.
9. CONFIDENTIALITY
9.1. By using ForumSquare, you acknowledge and agree that during the period of your use of ForumSquare, you might have access to confidential and proprietary information, in oral or written form, whether marked as confidential or not, belonging to ForumSquare or a third-party, including customers of ForumSquare, to whom confidentiality obligations are owed, including information relating to these Terms; strategic data (technical, financial, commercial or otherwise); methods of operation, databases, flowcharts, or diagrams; prospective new ventures; policies and procedures regarding the design, development, marketing pricing and distribution of existing and prospective services; research methods and results; creative and programming tools, methodologies, techniques; the identities of sellers, business partners (actual or prospective), business and marketing plans, financial information, data and accounts, sell through data; business practices, operational or security procedures, internal policies, personnel information, training techniques, passwords; contractor relationships and strategic alliances; or consulting services ("Confidential Information"). Provided however that, Confidential Information shall not include any information generally known to the public (other than as a result of unauthorized disclosure by you).
9.2. You must, during the period of its use of ForumSquare and at any time thereafter:
(a) hold in trust and confidence and protect and maintain the confidentiality of the Confidential Information belonging to ForumSquare;
(b) not use the Confidential Information belonging to ForumSquare or any part thereof for any purpose other than to perform under these Terms;
(c) treat all Confidential Information belonging to ForumSquare with the same degree of care to avoid disclosure to third-parties as is used with respect to its own confidential information, but not less than a reasonable degree of care;
(d) take adequate steps and procedures to prevent loss of any Confidential Information belonging to ForumSquare and in the event of any loss or misappropriation of such Confidential Information, inform ForumSquare in writing immediately;
(e) without prejudice to the generality of Paragraph 9.3 of Part A below, return to ForumSquare all the Confidential Information including all notes, copies, translations, conversions, modifications and derivations thereof, upon completion of the need of such Confidential Information or upon the termination of these Terms; and
(f) ensure that each of its personnel, employees or sub-contractors who have access to the Confidential Information of ForumSquare have agreed to be bound by the same obligations of confidentiality and non-use as apply to you under these Terms.
9.3. These Terms shall not restrict either you or ForumSquare from complying with any legal requirement to disclose Confidential Information, provided that you promptly notify ForumSquare of such legal requirement to the extent that you are not prohibited from doing so by applicable laws, so that ForumSquare may seek to quash such order and to obtain a protective order requiring that the relevant Confidential Information be held in confidence by such court or agency or, if disclosed, be used only for the purposes for which the order was issued. You must cooperate fully with ForumSquare in any such proceeding.
9.4. By using ForumSquare, you agree, acknowledge and understand that any disclosure or misappropriation of any of the Confidential Information in violation of these Terms may cause irreparable harm to ForumSquare, the amount of which may be difficult to ascertain. Without prejudice to any other rights available to ForumSquare under these Terms or otherwise, ForumSquare shall have the right to apply to a court of competent jurisdiction for specific performance and / or an order restraining and enjoining any such further disclosure or breach and for such other relief as ForumSquare shall deem appropriate. To clarify, such right of ForumSquare shall be in addition to the remedies otherwise available to them, at law or in equity.
9.5. For avoidance of doubt, it is hereby clarified that, you shall not disclose the provisions of these Terms, without the prior written consent of ForumSquare.
10. ACCOUNT DEACTIVATION
10.1. In the event, you are desirous of deactivating your account and ceasing all use of ForumSquare, then you shall notify ForumSquare in writing. ForumSquare shall within 30 (Thirty) calendar days of receiving the written notice deactivate your account on ForumSquare. You hereby agree that ForumSquare shall have the right, but not the obligation to put your account and all related Transactions and payments on hold for a period of 60 (Sixty) calendar days, to carry out such closing procedures as ForumSquare may deem fit at its sole discretion. Provided that, ForumSquare shall have the right, but not the obligation to refuse any such request for deactivation of accounts from you, until you have completed payment of all such consideration as may be outstanding to be paid to ForumSquare and all the products sold to the Customers have completed the return window.
10.2. You hereby agree and acknowledge that ForumSquare shall continue to retain your information after the deactivation of your account or the termination of these Terms for any reason whatsoever.
10.3. ForumSquare shall have the right to temporarily suspend or permanently terminate your access to ForumSquare with or without notice and to exercise any other remedy available under law with immediate effect:
(a) if you or any of your representatives / agents commit a breach these Terms;
(b) in the event any other user reports a violation of any of their rights as a result of your use of ForumSquare;
(c) in the event you provide ForumSquare with any information which is untrue, inaccurate, misleading, not current, or incomplete; or in the event, ForumSquare has reasonable grounds to suspect that such information is untrue, inaccurate, misleading, not current or incomplete;
(d) in the event there is any suspected illegal, fraudulent or abusive activity by you;
(e) in the event you file a petition for bankruptcy or insolvency, or are unable to pay your debts, or are subject to a petition presented before a court for winding up;
(f) in the event you commit an act of dishonesty, fraud, gross negligence or wilful misconduct, including without limitation, theft or misappropriation (or attempted theft or misappropriation) of the property of ForumSquare or an act that is detrimental to the pecuniary interests, reputation or goodwill of ForumSquare; and / or
(g) in the event you are convicted of a crime or enters into a guilty plea in respect of a crime under applicable laws.
11. CONSEQUENCES OF ACCOUNT DEACTIVATION
11.1. Subject to Paragraph 11.5 below, deactivation of your account and / or termination of Seller?s access to ForumSquare shall not have the effect of relieving the Parties of any obligations accruing to them at any time prior to the deactivation/termination hereof, including any fulfilment of Customer orders placed on ForumSquare before such deactivation/termination of your account.
11.2. Upon deactivation of your account and / or termination / suspension of your access to ForumSquare, your right to access ForumSquare or undertake any Transactions will immediately cease and ForumSquare reserves the right to remove or delete your user information, including but not limited to login credentials, account details and information posted by you.
11.3. Upon deactivation of your account and / or termination / suspension of your access to ForumSquare, all rights, licenses and authorization granted by either party hereunder shall terminate forthwith, and you shall immediately cease using and destroy / return any Intellectual Property of ForumSquare or any other information provided by ForumSquare during the period of use of ForumSquare by you, any copies thereof in accordance with the instructions of ForumSquare. If ForumSquare requires for you to destroy any such information, you shall provide a written certification signed by an authorized officer of you, that such information of ForumSquare has been destroyed.
11.4. Upon deactivation of your account and / or termination of your access to ForumSquare, for any reason other than as provided in the Paragraph 10. 3 of Part A above, ForumSquare shall, within a reasonable time, pay to you, all outstanding amounts that have accrued to you, until such deactivation/termination.
11.5. Upon deactivation of your account and / or termination of your access to ForumSquare for any reason provided in Paragraph `.3 of Part A above, ForumSquare shall pay all outstanding amounts to you that have accrued to you until such deactivation/termination. Such full and final settlement shall be subject to any investigations that may be initiated against you and/or in relation to the events listed out in Paragraph 10.3 of Part A above that resulted in deactivation/termination of your access to ForumSquare.
B. SERVICE FEE AND PAYMENT
Payment terms between Seller and Customers:
(a) ForumSquare does not provide any facility of payment procedure between seller and customers. Only the cost of the service or product is mentioned in ForumSquare. Payment done at the facility of seller or by cash on delivery is an agreement between seller and customer, ForumSquare does not endorse or have legal obligations or have any liability to both the parties involved in these transactions.
C. LISTING OF PRODUCTS / SERVICES ON FORUMSQUARE
1. You must list goods and / or services for sale on ForumSquare in accordance with these Terms and such other criteria as ForumSquare may notify from time to time.
2. By using ForumSquare it is understood that you agree and acknowledge that you are legally competent and permitted to sell the item(s) that you list for sale on ForumSquare ("Item Listing(s)")and have all the necessary licenses, certificate, approvals and permits required for such sale. Each Item Listing must be made in accordance with applicable laws, including without limitation the Consumer Protection (E-Commerce) Rules, 2020.
3. Each product listed and offered for sale by you on ForumSquare is made available as per the delivery timelines committed and you will maintain sufficient stock of inventory to fulfill the Customer orders received through ForumSquare.
4. By using ForumSquare you warrant and undertake that descriptions, images, and other content pertaining to goods or services provided by you on ForumSquare are accurate and correspond directly with the appearance, nature, quality, purpose and other general features of such goods or services.
5. You will be liable to ensure that each Item Listing and advertisements for marketing of goods or services are consistent with the actual characteristics, access and usage conditions of such goods or services being listed on ForumSquare.
6. You must ensure that all items are listed in the appropriate category on ForumSquare.
7. You must at all times, for packaging the products, utilize the packaging materials, advertising, merchandising and promotional materials as per recommended packaging guidelines or as prescribed under the applicable law.
8. Please note that, you will be liable to ensure that each Item Listing explicitly provides:
(a) all contractual information required to be disclosed under applicable law;
(b) total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable;
(c) all mandatory notices and information provided as per applicable laws for the good being offered for sale, where applicable;
(d) details about you, including the name of your business, whether registered or not, your geographic address, customer care number, any rating or other aggregated feedback about you, and details about the goods and services offered for sale by you including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage;
(e) the name and contact numbers, and designation of the grievance officer for consumer grievance redressal or for reporting any other matter;
(f) name and details of importer, and guarantees related to the authenticity or genuineness of the imported products and applicable Harmonized System of Nomenclature Code ("HSN Code");
(g) accurate information related to terms of exchange, returns, and refund including information related to costs of return shipping in a clear and accessible manner;
(h) accurate information related to applicable taxes including without limitation, the applicable GST;
(i) relevant details related to delivery and shipment of such goods or services; and
(j) any relevant customer support, after sales services (including without limitation repairs, replacements, alterations and maintenance), guarantees and / or warranties applicable to goods or services offered and / or sold by you on ForumSquare ("Product Support").
9. Please note that, you shall be liable for providing all Product Support for the entirety of the applicable time-period of such Product Support. For clarification, your liability to provide Product Support shall survive the termination / cessation of your account / arrangement with us.
10. You must not to list a single product in multiple quantities across various categories on ForumSquare.
11. You must at all times ensure that any Item Listing does not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
12. You must immediately notify us in writing, in the event you have ever offered goods or services that have previously been removed or access to which has previously been disabled under the Copyright Act, 1957 (14 of 1957), the Trade Marks Act, 1999 (47 of 1999) or the Information Technology Act, 2000 (21 of 2000), and provide such other information and / or documentation as we may request in this regard.
13. You must ensure that the MRP or the RSP of the listed item is captured correctly as per the amount declared on the package and ensure that the same is reflecting correctly on the Platform. At no time, the listing price should be higher than the MRP or RSP printed on the packaging.
14. You must at all times ensure that all listed items are kept in stock for successful fulfilment of sales.
15. You shall maintain adequate stocks for sale on ForumSquare and update stock status frequently to avoid your product being "out of stock"on a frequent basis.
16. Please note that, we have, the right but not the obligation, to delete any listings of any items or otherwise the selling of products with or without notice and / or cause, at our sole discretion.
17. Any/all warranties on the products listed by you on ForumSquare shall be solely provided by you and ForumSquare shall not be directly or indirectly liable for the same. You shall continue to be liable for such warranties notwithstanding the deactivation/suspension/termination of your account as per the terms hereof. You shall provide clear and ordinarily comprehensible terms & conditions of warranty in relation to such products, including period of warranty, conditions for offering warranty or any other condition important towards fulfilling warranty should be provided. You shall provide all such details to ForumSquare for mentioning in the product description page.
18. In the event a longer warranty period is provided by you on other platforms (both online and offline) on a similar product, then such longer warranty period shall also be offered on the products listed by you on ForumSquare.
19. Third party warranty services may be offered on ForumSquare. These third party warranty services do not replace the warranties required to be provided by you on the Item Listings. These third party warranty services are over and above the warranty provided by you and as per the terms agreed between the Customer and the third party warranty service provider.
20. If you are offering promotions/discounts/offers on products sold by you on other platforms (both online and offline), and the same products are also listed on ForumSquare, ForumSquare expects you to promptly inform it of such promotions/discounts/offers. ForumSquare also expects that you would extend the most favorable promotions/discounts/offers to the Customers on ForumSquare as well.
21. You may avail on ForumSquare, through a third party, assistance on catalogue creation. ForumSquare is only a facilitator and is not responsible for any error or discrepancy in the catalogue or the product description page. ForumSquare shall not be liable for any shortfall in the service provided to you by the third party. You hereby agree to monitor the cataloging services of the third party availed by you regularly and correct any error or discrepancy immediately on ForumSquare. You will be solely liable for any such error or discrepancy.
22. You shall provide correct images and description of the product and monitor whether the same is being reflected correctly on the ForumSquare website from time to time.
23. You shall adhere to all applicable laws in India including but not limited to Legal Metrology Act, 2009, The Food Safety and Standards Act, 2006 and such other laws relating to the Transactions.
24. ACCESS OUTSIDE THE REPUBLIC OF INDIA
a. By using ForumSquare, you agree and acknowledge that we make no representations that the content on ForumSquare is appropriate to be used or accessed outside the Republic of India.
b. Any users who use or access ForumSquare from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction.
c. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
D. GENERAL TERMS
1. TERM
1.1. These Terms shall commence on and from the date of execution of the Terms and shall remain valid until termination of your account, in accordance with Clause 11 of Part A of these Terms ("Term").
1.2. The Terms may be terminated at any time: (i) by ForumSquare due to a breach of any of the terms of this Term, by providing a notice to the Seller; or (ii) in accordance with Clause 11 of Part A of these Terms.
2. FORUMSQUARE CONTENT
2.1. For the purpose of these Terms, "Intellectual Property"means and includes all existing, contingent and future intellectual properties (whether tangible or intangible) including without limitation, photographs, product specifications, materials, writings, videos, audio files, trademarks, trade names, computer programs, data, database, technology patents, trademarks, service marks, trade names, registered designs, copyrights, rights of privacy and publicity and other forms of intellectual or industrial property, know how, confidential or secret processes, trade secrets, any other protected rights or assets and any licenses and permissions in connection therewith, in each and any part of the territory whether now known or in the future created and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.
2.2. All information, content and material contained on ForumSquare are and continue to be ForumSquare or its affiliate?s Intellectual Property. Further, all trademarks, services marks, trade names and trade secrets in relation to ForumSquare whether or not displayed on ForumSquare, are proprietary to ForumSquare or its affiliates, except any third-party logos which may also be displayed on ForumSquare with their consent. No information, content or material from ForumSquare may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.
2.3. We have the sole right, but not the obligation, to commence, conduct, defend and settle legal proceedings relating to our Intellectual Property in relation to your use of ForumSquare. You must provide all necessary assistance to us in enforcing our rights under these Terms.
2.4. You must immediately notify us upon obtaining knowledge of any actual or threatened infringement or misappropriation, related to our Intellectual Property or otherwise related to ForumSquare and / or in the event you become aware of any suit, action or other proceeding involving any claim of infringement or misappropriation of Intellectual Property threatened or instituted against us and / or you by a third-party, in relation to ForumSquare or otherwise connected with ForumSquare.
2.5. In case you have any issues, complaints or grievances related to the infringement of the rights associated with your Intellectual Property on ForumSquare, we request you to please contact us at: [CUSTOMERCARE@FORUMSQUARE.IN]
3. PUBLICITY
3.1. You must not issue any press release or make any other kind of public announcement or disclosure concerning these Terms, the Transactions contemplated hereby, or use the likeness and name of ForumSquare or ForumSquare in any other manner whatsoever other than as contemplated in these Terms, without obtaining our prior written approval.
4. LINKS TO THIRD-PARTY WEBSITES AND APPLICATIONS
4.1. ForumSquare includes links to third-party websites and / or applications. By using ForumSquare you acknowledge that when you access a third-party link that causes you to leave ForumSquare:
(a) the website or application you enter into is not controlled by ForumSquare and different terms of use and privacy policies may apply;
(b) the inclusion of a link does not imply any endorsement by ForumSquare of the third-party website and/or application, the website?s and/or application?s provider, or the information on the third-party website and/or application; and
(c) if you submit personal information to any of those websites and/or applications, such information is governed by the terms of use and privacy policies of such third-party websites and/or applications and ForumSquare disclaims all responsibility or liability with respect to such terms of use, policies or the websites and/or applications.
4.2. We reserve the right to disable third-party links from ForumSquare, although ForumSquare is under no obligation to do so.
5. EQUITABLE RELIEF
5.1. In the event of a breach or a threatened breach by you of its obligations under these Terms, ForumSquare shall, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to equitable relief in the form of a restraining order, injunctive relief, specific performance and any other relief that may be available to ForumSquare from a court of competent jurisdiction.
6. GOVERNING LAW AND DISPUTE RESOLUTION
6.1. You and ForumSquare shall endeavor to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Agreement ("Dispute")within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by the You and ForumSquare from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and conciliation Act, 1996. The Language of Arbitration shall be English. The arbitral award shall be final and binding on both the Parties. The award may include costs, including reasonable advocates? fees and disbursements.
6.2. Governing Law and Jurisdiction.This Agreement shall be governed by the laws of India and, subject to the arbitration process above, You agree to submit to the exclusive jurisdiction of competent courts at Hyderabad.
7. MISCELLANEOUS
7.1. Grievance Officer. In case you have any queries or concerns with respect to the use of ForumSquare or any issues relating to your rights as a Seller, please feel free to reach us at [customercare@forumsquare.in]
7.2. Force Majeure. ForumSquare shall not be liable for any failure to perform its obligations under these Terms, where such failure is on account of a force majeure event such as an act of God, flood, pandemic, lockdown, earthquake, fire, explosion, act of government, war, civil commotion, insurrection, embargo, riots, lockouts, labor disputes, systemic electrical, telecommunications, network or other utility failures affecting ForumSquare.
7.3. Waiver. Failure (with or without intent) of ForumSquare to require performance of any provision of these Terms shall not affect our right to full performance thereof at any time thereafter, and any waiver by us of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of ForumSquare.
7.4. Severability. Any provision of these Terms which is prohibited or held to be unenforceable in any jurisdiction by a court or tribunal of competent jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms. The prohibited or unenforceable provision shall be substituted, by mutual consultation and agreement of the Parties, with a provision of similar import reflecting the original intent of the Parties, to the extent permissible under applicable law.
7.5. Assignment and Sub-Contracting. No rights, privileges, or obligations set forth in, arising under, or created by these Terms may be assigned, transferred or sub-contracted by you without the prior consent in writing of ForumSquare. ForumSquare reserves the right to assign, transfer or sub-contract any right, privileges or obligations set forth in, arising under, or created by these Terms to its Affiliates or any third party as it may deem necessary for provision of services under this Terms.
7.6. Relationship between Parties. ForumSquare shall be deemed an independent contractor with respect to any and all services performed under these Terms. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between you and ForumSquare, by reason of these Terms.
8. AMENDMENT
8.1. ForumSquare shall have the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. ForumSquare will take reasonable steps to notify you within 15 (fifteen) days of any changes or updates of the Terms, if such changes or updates materially impact your use of ForumSquare at our sole discretion. Your continued use of ForumSquare subsequent to the changes or updates shall mean that you have accepted and agreed to the revisions to these Terms.
A. Introduction:
We respect your privacy rights and recognize the importance of secure transactions and information privacy. This Privacy Policy describes how ForumSquare LLP and its affiliates (collectively “ForumSquare, we, our, us”) collect, use, share or otherwise process your personal information through ForumSquare website www.forumsquare.in, its mobile application, and m-site (hereinafter referred to as the “Platform”).
This Privacy Policy is an electronic agreement formed under the Information Technology Act, 2000 and the rules and regulations made there under (as amended till date) including the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 & the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It does not require any physical or digital signatures to make the terms of this policy binding. This privacy policy is a legally binding document. The terms of this privacy policy will be effective upon your use of our Platform /service. Please read this policy carefully, together with our Terms of Services.
By visiting our Platform, providing your information or availing our product/service, you expressly agree to be bound by the terms of this Privacy Policy and the applicable Terms of service. While accessing or using our platform/services, you have given explicit consent to collect, use, share or otherwise process your information in accordance with this Privacy Policy. If you do not agree, please do not access or use our Platform or service.
You acknowledge that you are disclosing Personal Information voluntarily. Prior to the completion of any registration process on our platform or prior to availing of any services offered on our platform if you wish not to disclose any Personal Information you may refrain from doing so; however if you don't provide information that is requested, it is possible that the registration process would be incomplete and/or you would not be able to avail of the our services. If you are our corporate customer, it is possible that we have entered into a contract with you for non-disclosure of confidential information. This Policy shall not affect such a contract in any manner.
B. Application of Policy:
This policy governs each website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (“Service”) provided by ForumSquare LLP and/or its affiliates (“we,” “us,” or “our” or “ForumSquare”) that links to this policy, which is binding on all those who access, visit and/or use ForumSquare's Services, i.e., Listing Service, Search Services, etc.,. This policy shall apply equally to all of our vendors, service providers, subcontractors, partners, agents, representatives, employees, and any other third parties. ForumSquare undertakes to only collect and use personal data voluntarily provided by you. You are able to browse our platform without disclosing any personal information about them. However you have to provide limited personal data to us, as may be required, in order to register or to avail certain services from us.
This policy applies to all contractors, suppliers, customers, users, vendors, sellers, partners, and other third party working on behalf of ForumSquare or accessing or using our platforms/service. It also applies to the head office, branches office and other offices of ForumSquare and all employees/officials of ForumSquare. It applies to all data that ForumSquare holds relating to identifiable individuals, even if that information technically falls outside of the Privacy & Data Protection law. The said information includes, Names, address, mobile/telephone numbers, email Id of users and any other information collected or received by users while accessing or using our platforms/service.
This Privacy Policy is part of ForumSquare's Terms of Service and covers the treatment of user information, including personally identifying information, obtained by ForumSquare, including information obtained when you access the ForumSquare platform, use the ForumSquare Service or any other software provided by ForumSquare. Unless otherwise stated explicitly, this Policy applies to Personal Information as disclosed on any of our Platform. This policy does not apply to the practices of organizations that we do not own or to people that we do not employ or manage.
C. Objectives of policy:
ForumSquare is required to collect & use certain information about individuals, i.e., customers, suppliers/vendors, business contacts, employees, and the third parties with whom ForumSquare has a business relationship or may need to contact. This policy describes, how ForumSquare collects, receives, possesses, stores, deals or handle personal information including sensitive personal information about you and ensure that the same are available for review by you. The personal information must be collected, handled and stored to meet the data protection standards as well as legislative requirements. This policy ensures to comply with data protection law and follows the good practice and protects the rights of employees, customers, suppliers/vendors, business contacts, employees, and the third parties and how to stores and processes data and protects from the risks of data breach.
D. Collection of Information:
In the course of carrying out its various functions and activities, ForumSquare collects information from individuals & third parties and generates a wide range of information which is stored at our platform. These information can take many different forms, such as, corporate records, financial records, legal records, contracts, letters received from third parties, personnel/employees records, invoices, completed application forms, contact lists, email communications and attachments, photos etc.,. ForumSquare collects information in order to provide and continually improve its products & services. The information may be collected online or offline. Regardless of the collection method, the same privacy protection shall apply to all data/information including personal information.
We collect Personal Information from you in a variety of ways when you interact with us through our services, such as, installing, accessing, or using our Services; Create an account on our services; Request customer service or contact us; Conduct a transaction where we collect personal information, including when required by law and regulations; Submit a testimonial, rating or review, or other user-generated content that may be posted; Otherwise submit personal information to us along with any related content of the communication.
In the course of registering for and availing various services we provide from time to time through our website www.forumsquare.in ("Website", telephone search, SMS and Apps) or any other medium in which ForumSquare may provide services (collectively referred to as "the Platform") you may be required to give your name, residence address, workplace address, email address, date of birth, educational qualifications , Marital status , and similar Personal Information ("Personal Information") & credit card/debit card , and other payment instrument details. We, either through third party service provider or by our own, collect the Know-Your-Customer (KYC) related document from you. KYC related documents include but not limited to, driving licence, proof of possession of Aadhaar number, the Voter's Identity Card, Pan Card, GST, Passport, job card issued by NREGA (duly signed by an officer of the State Government and letter issued by the National Population Register containing details of name and address). If OVD (officially valid documents) furnished by you don't have an updated address, then in addition to OVD, we may also collect the utility bill (electricity, telephone, post-paid mobile phone, piped gas, water bill) not more than two months old, property or Municipal tax receipt; pension or family pension payment orders (PPOs) issued to retired employees by Government Departments or Public Sector Undertakings, containing the address; letter issued by the Foreign Embassy or Mission in India (in case of foreigner), as prescribed by RBI (Reserve Bank of India) from time to time. If you are Sole Proprietary firms, we may collect the documents which include, (a) Registration certificate; (b) Certificate/licence issued by the municipal authorities under Shop and Establishment Act. (c) Sales and income tax returns. (d) GST certificate (provisional/final). (e) IEC (Importer Exporter Code) issued to the proprietary concern by the office of DGFT or Licence/certificate of practice issued in your firm's name (in case of Importer /Exporter). (f) Income Tax Return (just the acknowledgement) in your firm's name, duly authenticated/acknowledged by the Income Tax authorities. (g) Utility bills such as electricity, water, landline telephone bills, etc., or, the documents relating to proof of business/activity. We may also conduct verification and collect such other information and clarification as would be required to establish the existence of your firm, as per our satisfaction. If you are Legal Entities, we may collect the documents which includes, (a) Certificate of incorporation; (b) Memorandum and Articles of Association; (c) Permanent Account Number of the company; (d) Board resolution & power of attorney granted to its managers, officers or employees to transact on its behalf or Documents relating to beneficial owner. If you are partnership firm, we may collect the documents which include, (a) the certified copies Registration certificate; Partnership deed; Permanent Account Number of the partnership firm and Documents relating to beneficial owner, managers, officers or employees. If you are Trust, we may collect the documents which include, (a) the certified copies Registration certificate; Trust deed; Permanent Account Number or Form No.60 of the trust and Documents relating to beneficial owner, managers, officers or employees. If you are unincorporated association or a body of individuals, we may collect the documents which include, (a) the certified copies Resolution of the managing body; Permanent Account Number or Form No.60 of the unincorporated association or a body of individuals and Documents relating to beneficial owner, managers, officers or employees. We, either through third party service provider or by our own, may also undertake Video based Customer Identification Process (V-CIP) in Compliance of KYC policy of RBI. The Personal Information is used for three general purposes: to customize the content you see, to fulfil your requests for certain services, and to contact you about our services via including but not limited to email's, sms's and other means of communication. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service, product or feature on our Platform. ForumSquare collects the personal information voluntarily provided by you while accessing or using our platforms/service. ForumSquare also collects data (on regular basis) from various sources such as newspaper, visiting cards, pamphlets, magazines and journals (including both free and pay), by appointment of data collectors, join free option made available on ForumSquare platforms. The example of the data/information collected by us is given below:
Types of information Collected by ForumSquare:
Sr. No. | Source of Information | Nature of Information may Collected |
1) | Users/Customers | Personal Identifying information such as name, address and phone numbers; email Id, Age, personal description, profile photograph etc., & delivery address, payment information. location information. Device information (if you provided). IP address. Name, addresses & phone numbers, e-mail IDs of friends and other people listed in Addresses; Content of reviews and e-mails to us. voice recordings when you call to us. credit usage, login detail, device log files etc., while using our platform. Contacts – address book for app users |
2) | Vendors/Sellers | Personal Identifying information such as name, address and phone numbers; email Id, Age, personal description, profile photograph ,Marital status etc.,. Website maintaining details such as images, services, about section, etc Internal operations details such as schedules, chat, numbers, etc may be used for maintain dashboard. payment information. location information. Device information (if you provided) IP address. Name, addresses & phone numbers, e-mail IDs of friends and other people listed in Addresses. content of reviews and e-mails to us. voice recordings when you call to us. images, videos and other content collected or stored in connection with our Services. information and officially valid documents (KYC regarding identity and address information, including mobile & landline number, place of business, valid Email id, vendor's photo, id & address proof (such as Aadhar card, Pan Card, GST Voter Id Card, Passport, Shop and Establishment Certificate, etc.,. credit usage corporate and financial information, and device log files and configurations etc.,. |
3) | Automatic Information | IP address of your device connected to our platform. Login details, e-mail address, and password, device log files etc.,. location of device/computer. content interaction information, downloads, streaming of video, network details etc.,. device metrics, application usage, connectivity data, and any errors or event failures. our Services metrics, any technical errors, interactions with our service features and content, settings preferences and backup information, location of device, file name, dates, times etc while using our service. content use history. URLs including date & time; products & contents viewed or searched for; page response times, download errors, length of visits to certain pages, and page interaction information etc.,. phone numbers used to call to us. Images/videos while visiting our platforms. device identifiers, cookies, browsing history, usage history, and/or other technical information. |
4) | Information from Other Sources | updated delivery and address information from our carriers or other third parties. account information, purchase or redemption information and page-view information from some merchants/partners for which we provide technical, advertising or other services. information about interactions with vendors while interacting via ForumSquare channel. search results and links, including paid/free listings. internet-connected devices details. |
5) | Officials/Employees/Resellers etc... | Personal Identifying information such as name, address and phone numbers; email Id, Age, personal description, profile photograph etc.,. Educational Information. information and officially valid documents (KYC) regarding identity and address information. payment information. location information. Device information (if you provided) IP address. content of reviews and e-mails to us. voice recordings when you call to us. login detail, device log files etc., while using our platforms. |
6) | Third Party Information | Corporate & financial information about our co-branded partners, delivery partners, and other third party associated with us. CIN Number, PAN Number, GSTN Number etc.,. Location information. Device information (if you provided) IP address. Internet-connected devices details. Identity and address information etc.,. |
E. ForumSquare Doesn't Collect the Information:
ForumSquare does not collect sensitive personal data or information. It only collects the sensitive personal data or information which is considered necessary to provide the service or to fulfil the purpose and for a lawful purpose connected with a function or activity of ForumSquare. User can continue to browse / search on ForumSquare's platform without giving any information; however, PI is required for availing the certain services on ForumSquare's platform.
ForumSquare does not collect emails, addresses or other contact information from your mobile address book or contact lists other than name and mobile phone numbers. ForumSquare does not store historical location information in any form or manner at its end, except for last known location from which ForumSquare software was accessed in case of non-availability of current location data. ForumSquare integrates with face-book SDK and may send aggregate usage statistics to face-book from time to time. Usage of information sent to face-book is governed by Facebook's data usage policies which can be found at www.facebook.com/about/privacy.
While collecting information, ForumSquare ensures that you must be informed about
the fact that the information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information; and
the name and address of (i) the agency that is collecting the information; and (ii) the agency that will retain the information.
The data/information shall not be collected unless-
you have provided a valid, informed & free consent;
processing is necessary for the performance of a contract to which you are party;
processing is necessary for compliance with the company legal obligation;
processing is necessary in order to protect your interests; or
processing is necessary for the performance of a task carried out in the public interest.
F. Usage of Information:
The data/information collected shall be used for the purpose for which it has been collected. In addition, the ForumSquare uses the data for the following purposes:
To provide services.
To fulfill your requests for products and services and communicate with you about those requests. If you search the products or service from our platform without logged in or sought the information by calling our hotline, we collect mobile number and generate lead with our vendors/service providers, as per your choice/request. If you search the products or service from our platform with logged in, we share your information (i.e., name, mobile, email etc.,) as available with us with our vendors/service providers to fulfil your choice/request.
To administer contests, sweepstakes, promotions, and surveys.
To respond to reviews, comments, or other feedback you provide us.
To help us personalize our service offerings, websites, mobile services, and advertising.
To provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the Services.
To recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with ForumSquare Services.
To operate, provide, develop, and improve the products and services that we offer our customers.
To provide our services and to support our core business functions. These include order or service fulfilment, internal business processes, marketing, authentication, loss and fraud prevention, public safety and legal functions.
To display interest-based ads for features, products, and services that might be of interest to you.
To prevent and detect fraud and abuse in order to protect the security of our customers, ForumSquare, and others.
Communicate with you.
Contacting with you for promoting services.
The User's Personal Data may be used for legal purposes by ForumSquare in legal proceeding at the stages leading to possible legal action arising from improper use of ForumSquare services.
For operation and maintenance purposes.
We use your voice input, images, videos, and other personal information to respond to your requests, provide the requested service to you, and improve our services.
It helps us in operating, providing, improving, understanding, customizing, supporting, and marketing our Services.
Comply with legal obligations. In certain cases, we collect and use your personal information to comply with laws. For instance, we collect from seller's information regarding place of establishment and bank account information for identity verification and other purposes.
Personal Information will be kept confidential and will be used for our research, marketing, and strategic client analysis objectives and other internal business purposes only. We do not sell Personal Information. If you are a customer of our services, your Information shall be shared with our subscribers/advertisers and you shall be given consent to the same. Further, the subscribers / advertisers who are listed with us, may call you, based on the query or enquiry that you make with us, enquiring about any Product / Service or Product / Service of any subscriber / advertiser. If you are a vendor/seller/business entity availing our services, your information shall be shared with our users, customers, callers, subscribers/advertisers who are seeking our services. You are hereby giving us the consent to share the details.
We use your personal information to assist vendors, service providers, and business partners in handling and fulfilling orders; enhancing customer experience; resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products/services; inform you about offers, products, services, and updates; customize and enhance your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection of information.
With your consent, we will have access to your SMS, contacts in your directory, location and device information. We may also request you to provide your PAN, GST Number, Government issued ID cards/number and Know-Your-Customer (KYC) details to: (i) check your eligibility for certain products and services including but not limited to credit and payment products; (ii) issue GST invoice for the products and services purchased for your business requirements; (iii) enhance your experience on the Platform and provide you access to the products and services being offered by us, vendors, sellers, service providers, affiliates or lending partners. You understand that your access to these products/services may be affected in the event consent is not provided to us.
In our efforts to continually improve our product and service offerings, we and our affiliates collect and analyse demographic and profile data about our users' activity on our Platform. We identify and use your IP address to help diagnose problems with our server, and to administer our Platform. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to participate in optional surveys conducted either by us or through a third party market research agency. These surveys may ask you for personal information, contact information, date of birth, demographic information (like zip code, age, or income level), attributes such as your interests, household or lifestyle information, your purchasing behaviour or history, preferences, and other such information that you may choose to provide. The surveys may involve collection of voice data or video recordings, the participation of which would purely be voluntary in nature. We use this data to tailor your experience at our Platform, providing you with content that we think you might be interested in and to display content according to your preferences.
We have arrangement with other companies and individuals to perform functions for examples include analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service etc. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable law. In certain cases, we collect and use your personal information to comply with laws. For instance, we collect from vendors/seller's information regarding place of establishment and bank account information for identity verification and other purposes.
If you submit Personally Identifiable Information to us through the ForumSquare platform, or ForumSquare Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the ForumSquare platform and ForumSquare Service. In particular, your mobile phone number is essential to your use of the ForumSquare Service and will be retained. Your name (as it is saved in other user's mobile phone address book or contact list) may be displayed to other users if they tag your mobile number and access your ratings in the App.
We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may use cookies and log file information to (a) remember information so that you will not have to re-enter it during your re-visit on our platform; (b) provide custom, personalized content and information; (c) monitoring or pages viewed, etc.; and (d) track your entries, submissions, views etc.,.
G. Processing of Personal Information:
Personal /Sensitive personal data may be processed if such processing is necessary, for any function of Parliament or any State Legislature and/or for the exercise of any function of the State authorised by law for the provision of any service or benefit to the data principal from the State; or the issuance of any certification, license or permit for any action or activity of the data principal by the State.
Personal data/Sensitive personal data may be processed if such processing is (a) explicitly mandated under any law made by Parliament or any State Legislature; or (b) for compliance with any order or judgment of any Court or Tribunal in India.
Personal data/Sensitive personal data may be processed if such processing is necessary— (a) to respond to any medical emergency involving a threat to the life or a severe threat to the health of the data principal or any other individual; (b) to undertake any measure to provide medical treatment or health services to any individual during an epidemic, outbreak of disease or any other threat to public health; or (c) to undertake any measure to ensure safety of, or provide assistance or services to, any individual during any disaster or any breakdown of public order.
Personal data may be processed if such processing is necessary for— (a) recruitment or termination of employment of a data principal; (b) provision of any service to, or benefit sought by, the data principal; (c) verifying the attendance of the data principal; or (d) any other activity relating to the assessment of the performance of the data principal.
In addition to the grounds for processing contained aforesaid, personal data may be processed if such processing is necessary for such reasonable purposes as may be specified after taking into consideration— (a) the interest of ForumSquare in processing for that purpose; (b) whether ForumSquare can reasonably be expected to obtain the consent of the data principal; (c) any public interest in processing for that purpose; (d) the effect of the processing activity on the rights of the data principal; and (e) the reasonable expectations of the data principal having regard to the context of the processing.
The reasonable purposes means and includes, prevention and detection of any unlawful activity including fraud; whistle blowing; mergers and acquisitions; network and information security; credit scoring; recovery of debt; processing of publicly available personal data. However ForumSquare ensures the protection of the rights of data principals.
Sensitive personal data may be processed on the basis of explicit consent. [Consent shall be considered explicit only if it is valid if: (a) informed, having regard to whether the attention of the data principal has been drawn to purposes of or operations in processing that may have significant consequences for the data principal; (b) clear, having regard to whether it is meaningful without recourse to inference from conduct in a context; and (c) specific, having regard to whether the data principal is given the choice of separately consenting to the purposes of, operations in, and the use of different categories of sensitive personal data relevant to processing].
Processing of personal data of children: ForumSquare doesn't allow children below the age of 13 years to visit our platform without parental guidance or control. Based on your date of birth disclosed by you, we verify your age. When the children visit our platform or use our service, we believe that they access our platform or service under the parental guidance, control and consent and we can process the information accordingly. ForumSquare shall process personal data of children in a manner that protects the rights and best interests of the child.
H. Disclosure of Information:
Other users of ForumSquare Service may see your ratings submissions in a way that is consistent with the use of the ForumSquare Service. For example, a rating of "ABC Hospital" on ForumSquare will be available to every user of the ForumSquare Service , both sellers and customers, as it is shown on the sellers platform.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the ForumSquare Service.
We may disclose your personal information to third parties, such as vendors, sellers, service providers, business partners and other stakeholders. This disclosure may be required for us to provide you access to our products and services; for fulfilment of your orders; for enhancing your experience; for providing feedback on products; to collect payments from you; to comply with our legal obligations; to conduct market research or surveys; to enforce our Terms of Use; to facilitate our marketing and advertising activities; to analyse data; for customer service assistance; to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our product and services, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data and links (including paid listings and links), processing payments, transmitting content, scoring, assessing and managing credit risk, and providing customer service. We do not disclose your personal information to third parties without your explicit consent. These third-party service providers may have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with applicable law.
We share information with our affiliated companies, business partners, associates etc with whom we are having an arrangement to provide/receive services. We may use the information we receive from them, and they may use the information we share with them, to help operate, provide, improve, understand, customize, support, and market our Services and their offerings. This includes helping improve infrastructure and delivery systems, understanding how our Services or theirs are used, securing systems, and fighting spam, abuse, or infringement activities and promoting, marketing of business.
As we continue to develop our business, we might sell or buy other businesses or services. In such cases, all of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or third party while providing the services subject to the pre-existing Privacy policy.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) respond to subpoenas, court orders, or other legal process or to government/ law enforcement agencies requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, companies, or others. (e) for purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.
We disclose the account and other personal information when we believe such disclosure is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of ForumSquare, our users, or others. This includes exchanging information with other companies and organizations for fraud protection.
ForumSquare shall share/disclose the data/information, without obtaining prior consent from You, with Government agencies mandated under the law to obtain information including sensitive personal data or information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.
I. Transfer of information:
ForumSquare shall not transfer sensitive personal data or information including any information, to third parties in India, or outside India, except under the following circumstances:
To fulfill your requests for products and services
To fix errors, and improve the usability and effectiveness of the Services
To fraud prevention, public safety and legal functions
To prevent and detect fraud and abuse in order to protect the security of our customers, ForumSquare, and others
It is necessary for the performance of the lawful contract between ForumSquare and data principal; or
where data principal has consented to data transfer;
However ForumSquare ensures the same level of data protection that is adhered to by them as that of ForumSquare as provided for.
When using vendors to collect personal information on the behalf of ForumSquare, it shall ensure that the vendors comply with the data protection requirements of ForumSquare as defined in this Policy.
J. Retention of Your Information:
The Personal information may only be used for the purposes identified in the TOS and only if you have given consent. Personal information shall be retained for as long as necessary for business purposes identified in the TOS at the time of collection or subsequently authorized by you. We retain your personal information in accordance with applicable laws, for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. However, we may retain data related to you if we believe it may be necessary to prevent fraud or future abuse or if required by law or for other legitimate purposes. We may continue to retain your data in anonymised form for analytical and research purposes.
When the use of personal information is no longer necessary for business purposes, a method shall be in place to ensure that the information is destroyed in a manner sufficient to prevent unauthorized access to that information or is de-identified in a manner sufficient to make the data non-personally identifiable. ForumSquare shall have a documented process to communicate changes in retention periods of personal information required by the business to you who are authorized to request those changes.
ForumSquare holding sensitive personal data or information shall not retain that information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. ForumSquare has framed the data retention policy and it retains all sorts of data/information including sensitive personal data or information in accordance with data retention policy. The data/information shall be de-identified/destroyed, when the purposes of data collection can be achieved, in accordance with our data retention policy.
Personal information shall be erased if their storage violates any of the data protection law or if knowledge of the data is no longer required by ForumSquare or for the benefit of the data providers. Additionally, ForumSquare has the right to retain the personnel information for legal and regulatory purpose as per applicable laws. ForumSquare shall perform an internal audit on an annual basis to ensure that personal information collected is used, retained and disposed-off in compliance with the applicable law.
K. Review of Information by You:
ForumSquare shall establish & facilitates a mechanism to enable you to review the data/information you had provided, as per your choice, and shall access, edit, rectify, modify, delete any personal information or sensitive personal information found to be inaccurate or deficient. However ForumSquare shall not be responsible for the authenticity of the personal information or sensitive personal information supplied by you.
You shall be entitled to obtain the details about your personal information upon a request made and set forth in writing.ForumSquare shall provide its response within 72 (seventy two) hours of receipt of written request. You shall have the right to require ForumSquare to correct or supplement erroneous, misleading, outdated, or incomplete personal information. We shall record & document each access request as it is received and the corresponding action taken. ForumSquare shall provide personal information to you in a plain simple format which is understandable.
L. Your Consent (Opt-in & Opt-out):
By visiting our Platform or by providing your information, you consent to the collection, use, storage, disclosure and otherwise processing of your information (including sensitive personal information) on our Platform in accordance with this Privacy Policy. If you disclose to us any personal information relating to other people, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy. You, while providing your personal information over our Platform or any of our partner Platform or establishments, consent to us (including our affiliates, lending partners, technology partners, marketing channels, business partners, vendors, service providers and other third parties) to contact you through SMS, instant messaging apps, call and/or e-mail for the purposes specified in this Privacy Policy.
If you want to manage, change, or edit your information, we allow you to do so through the Settings tools: You can change your settings to manage certain information available to other users. You can manage your contacts, groups, and broadcast lists, or use our block feature to manage the users with whom you communicate.
If you are vendors, you can add or update certain information in vendor's module, update your account information by accessing your vendors Account Information, and adjust your e-mail or other communications you receive from us by updating your Notification Preferences.
You can add or update your Personal Information on regular basis. ForumSquare would retain your previous Personal Information in its records.
You may, of course, decline to submit Personally Identifiable Information through the ForumSquare Service, in which case ForumSquare may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account; your continued usage of the ForumSquare Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the ForumSquare Service. Please contact ForumSquare via email to privacy at forumsquare.in or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.
ForumSquare shall, prior to the collection of information including sensitive personal data or information, provide an option to you to not to provide the data or information sought to be collected. ForumSquare shall establish systems for the collection and documentation of Your consent to the collection, processing, and/or transfer of personal data. You shall be informed about the choices available to them with respect to the collection, use, and disclosure of personal information.
Further, ForumSquare shall establish & facilitates a mechanism to enable You to, at any time while availing the services or otherwise, to withdraw its consent given earlier to ForumSquare. If You not providing the consent or later on withdrawing your consent, ForumSquare reserves its right not to provide goods/services for which the said information was sought. Consent shall be obtained (in writing/electronically) from You before or at the time of collecting personal information or as soon as practical thereafter.
The changes to your preferences shall be managed and documented. Consent or withdrawal of consent shall be documented appropriately. The choices shall be implemented in a timely fashion and respected. If personal information is to be used for purposes not identified in the TOS at the time of collection, the new purpose shall be documented, You shall be notified, and consent shall be obtained prior to such new use or purpose. You shall be notified if the data collected is used for marketing purposes, advertisements, etc.,. ForumSquare shall review the policies of the Third Parties and types of consent of Third Parties before accepting personal information from Third-Party data sources.
M. Third-party Advertisers, Links to Other Sites:
ForumSquare is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, we will update this section.
If you use ForumSquare services of our Partners, you will be redirected to Partners' websites/applications and your entry to Partners websites/applications will be based on your ForumSquare login credentials after seeking your permissions to share the data further. ForumSquare shall not be responsible for its Partner's privacy practices or the content of their privacy policies, and we request you to read their privacy policies prior to disclosing any information. If you pay using our Services, we may receive information and confirmations, such as payment receipts, from app stores or other third parties processing your payment.
N. Children Information
We do not knowingly solicit or collect personal information from children under the age of 13 and use of our Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are under the age of 18 years then you must use our Platform or services under the supervision of your parent, legal guardian or any responsible adult.
O. Our Commitment to Information Security:
The security of your Personal Information is important to us. You are responsible for keeping your device and your account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services. Your account information is protected by the password you use to access your online account. Please keep this password confidential. ForumSquare uses commercially reasonable physical, managerial, and technical, electronic and procedural safeguards to preserve the integrity and security of your personal information. ForumSquare shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of your Information. For this purpose, ForumSquare adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where ForumSquare stores your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to ForumSquare and you do so at your own risk and you hereby waive and release ForumSquare from any claim of damages under contract.
ForumSquare may share your Information with third parties under a confidentiality agreement which inter-alia provides for that such third parties not disclosing the Information further unless such disclosure is for the purpose. However, ForumSquare is not responsible for any breach of security or for any actions of any third parties that receive your Personal Information. ForumSquare is not liable for any loss or injury caused to you as a result of you providing your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website). Notwithstanding anything contained in this Policy or elsewhere, ForumSquare shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" shall mean any event that is beyond the reasonable control of ForumSquare and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of ForumSquare), power or electricity failure or unavailability of adequate power or electricity. While we will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which we hold about you and prevent unauthorized access. You acknowledge that the internet or computer networks are not fully secure and that we cannot provide any absolute assurance regarding the security of your Personal Information. We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, processing, and disclosure of personal information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
We maintain reasonable physical, electronic and procedural safeguards to protect your information. Whenever you access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to our security guidelines to protect it against unauthorized access. However, by using our platform, you accept the inherent security implications of data transmission over the internet which cannot always be guaranteed as completely secure, and therefore, there would always remain certain inherent risks regarding use of the Platform. You are responsible for ensuring the protection of login & password records for their account. You hereby waive and release ForumSquare from any claim of damages under contract.
We work to protect the security of your data/information including sensitive personal data during transmission by using encryption protocols and software. We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling payment card data. If you choose a payment gateway to complete any transaction on ForumSquare Platform then your credit/debit card data/financial details may be stored in compliance with industry standards/ recommended data security standard for security of financial information, i.e., the Payment Card Industry Data Security Standard (PCI-DSS) and as per applicable law.
ForumSquare shall review the policies and collection methods of Third-Parties before accepting personal information from Third-Party data sources. The audit of reasonable security practices and procedures shall be carried cut by an auditor annually undertake significant upgradation of its process and computer resource.
P. Transparency & Accountability Measures:
Privacy by Design:
ForumSquare shall implement policies and measures to ensure that managerial, organisational, business practices and technical systems are designed in a manner to anticipate, identify and avoid harm to you;
ForumSquare shall implement policies and measures to ensure that the technology used in the processing of personal data is in accordance with commercially accepted or certified standards;
ForumSquare shall implement policies and measures to ensure that the legitimate interest of businesses including any innovation is achieved without compromising privacy interests;
ForumSquare shall implement policies and measures to ensure that privacy is protected throughout processing from the point of collection to deletion of personal data and processing of personal data is carried out in a transparent manner and the interest of the data provider is accounted for at every stage of processing of personal Data.
Transparency: ForumSquare shall take reasonable steps to maintain transparency regarding its general practices related to processing personal data and shall make the following information available in an easily accessible form as may be specified -
the categories of personal data generally collected and the manner of such collection;
the purposes for which personal data is generally processed;
any categories of personal data processed in exceptional situations or any exceptional purposes of processing that create a risk of significant harm;
the existence of and procedure for the exercise of data principal rights;
the existence of a right to file complaints to the Authority;
Information regarding cross-border transfers of personal data, if any.
Security Safeguards: Having regard to the nature, scope and purpose of processing personal data undertaken, the risks associated with such processing, and the likelihood and severity of the harm that may result from such processing, ForumSquare shall implement appropriate security safeguards including (a) use of methods such as de-identification and encryption; (b) steps necessary to protect the integrity of personal data; and (c) steps necessary to prevent misuse, unauthorised access to, modification, disclosure or destruction of personal data. ForumSquare shall undertake a review of its security safeguards periodically as may be specified and may take appropriate measures accordingly.
Personal Data Breach: ForumSquare shall notify the Authority of any personal data breach relating to any personal data processed by ForumSquare where such breach is likely to cause harm to any data principal. The said notification includes, (a) nature of personal data which is the subject matter of the breach; (b) number of data principals affected by the breach; (c) possible consequences of the breach; and (d) measures being taken by the data fiduciary to remedy the breach.
Record-Keeping: ForumSquare shall maintain accurate and up-to-date records of the following: (a) important operations in the data life-cycle including collection, transfers, and erasure of personal data to demonstrate compliance; (b) periodic review of security safeguards; (c) data protection impact assessments;
Q. Monitoring and Enforcement:
Dispute Resolution & Escalation Process for Customer / Third Party: Customers / Third Party with inquiries or complaints about the processing of their personal information shall bring the matter to the attention of the Grievance Officer in writing. Any disputes concerning the processing of the personal information of non-employees shall be resolved through arbitration.
R. Terms of Use, Policy & Revisions:
If you choose to use ForumSquare Services, your use and any dispute over privacy is to this policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the prevailing law in India. If you have any concern about privacy at ForumSquare, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly and our Privacy policy will change also. You should check our websites frequently to see recent changes.
Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We assure that will never materially change our policies and practices to make them less protective of your information collected in the past without your consent.
S. Grievance Officer:
1. In accordance with Information Technology Act 2000 and rules & regulations made thereunder, the name and contact details of the Grievance Officer are provided below:
Name : Mr. Akash
Address: ForumSquare, Hs No: 2-117-31/648, boduppal, Hyderabad, 500092.
Email:support@forumsquare.in
2. If you have a query, issue, concern, or complaint in relation to collection or usage of your personal information under this Privacy Policy, please write to us at support@forumsquare.in.
DEFINITIONS:
"Act" | "Act" means the Information Technology Act, 2000 (21 of 2000); |
"Automated means" | "Automated means" means any equipment capable of operating automatically in response to instructions given for the purpose of processing data. |
"Biometrics" | "Biometrics" means the technologies that measure and analyse human body characteristics, such as 'fingerprints', 'eye retinas and irises', 'voice patterns', "facial patterns', 'hand measurements' and 'DNA' for authentication purposes. |
"Body corporate" | "Body corporate" means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities. |
"Child" | "Child" means a data provider below the age of eighteen years |
"Cyber incidents" | "Cyber incidents" means any real or suspected adverse event in relation to cyber security that violates an explicitly or implicitly applicable security policy resulting in unauthorised access, denial of service or disruption, unauthorised use of a computer resource for processing or storage of information or changes to data, information without authorisation. |
"Cyber security" | "cyber security" means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorised access, use, disclosure, disruption, modification or destruction. |
"Data" | "Data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer. |
"Data provider" | "Data provider" means the natural person to whom the personal data relates to. |
"Data protection & Security" | Anyone collecting personal & customer information must fairly & lawfully process it only for limited, specifically stated purposes and use the information accurately and in a way that is adequate, relevant and not excessive, and retain the information/records no longer than absolutely necessary, process the information in accordance with law and keep the information secure and never transfer the information outside the country without adequate protection. |
"Password" | "Password" means a secret word or phrase or code or passphrase or secret key, or encryption or decryption keys that one uses to gain admittance or access to information. |
"Personal information" | "Personal information" means any information that relates to a natural person (individual), which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person, i.e., Name, Address, mobile Number, email id, Date of birth etc.,. |
"Data processor" | "Data processor" means any person, including the State, a company, any juristic entity or any individual who processes personal data on behalf of a data fiduciary, but does not include an employee of the data fiduciary. |
"Processing" | "Processing" in relation to personal data, means an operation or set of operations performed on personal data, and may include operations such as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, use, alignment or combination, indexing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction. |
"reasonable security practices and procedures" | "reasonable security practices and procedures" means security practices and procedures designed to protect such information from unauthorised access, damage, use, modification, disclosure or impairment, as may be specified in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreement or any law, such reasonable security practices and procedures, as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit. |
"Sensitive personal data or information" | Sensitive personal data or information of a person means such personal information which consists of information relating to; - password; financial information such as Bank account or credit card or debit card or other payment instrument details ; physical, physiological and mental health condition; sexual orientation; medical records and history; Biometric information; any detail relating to the above clauses as provided to body corporate for providing service; and any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise; Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information. |
"Third Party" | All external parties, i.e. contractors, interns, trainees, vendors, users etc., who have accessed to ForumSquare information assets or information systems. |