Boost360 User Submission/ Content Guidelines

WITH EFFECT FROM Nov 22, 2020
These User Submission/Content Guidelines (“Guidelines”) have been prepared for the application under the name and style “Boost360” (“App”) made available to You by Nowfloats Technologies Private Limited [CIN: U72200AP2012PTC080822], located at 3rd floor, Sreshta Marvel, Sy.No.136, Kondapur Main Road, Gachibowli Hyderabad 500032, Telangana, India (We/Us/Our) and which may mean and include any of its affiliates, associates, assignees or successors in interest as determined by it at its sole discretion and without requiring any prior notice or intimation, from time to time.
We have set out below the conditions which govern the Content and User Submissions accessible through the Services (as defined under the Terms of Use), the terms of use can be accessed at [insert the link of terms of use] (“Terms of Use”). As set out in the Terms of Use, all Contents and User Submissions, shall be the sole responsibility of the person who creates such User Submissions and/or Contents. We cannot guarantee the authenticity of any such User Submissions/ Contents and are accessed by you solely at your own risk. You shall be liable for any breach and/or threatened breach of these Guidelines, either by you or any third party or partners as may be associated with you. In the event, any of the Content/ User Submission (a) is found to be in breach of these Guidelines; and/or (b) in breach of any applicable laws; and/or (c) causes harm or has the tendency to cause harm to Us, Our users, Our affiliates or any third-party associated with Us, We may remove or take down immediately, at Our sole discretion such Content/ User Submission and also may suspend and/or terminate Your access to the Services, as per the provisions of the Terms of Use. Capitalized terms referred herein but not defined shall have the meaning as set out in the Terms of Use.
You acknowledge, by downloading/registering/signing up/using or otherwise having access to the Services, that you have read, understood and that you consent to be governed and bound by these Guidelines and the Terms of Use. If you do not accept or agree to any part of these Guidelines, your usage of the Services will be declined. These Guidelines are an electronic record as per the Information Technology Act, 2000 (as amended / re-enacted) and rules thereunder (“IT Act"), and is published in accordance with the provisions of Rule 3 (1) of the of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of any application or website. This is a computer-generated electronic and does not require any physical or digital signatures.
1. Originality – Any Content/ User Submissions which are submitted must be original and/or such user must have a license to use and submit such Content/ User Submissions. Therefore, the Content/User Submissions that are submitted by the user shall be of the categories as set out below:
  • Self-Generated Content – shall mean and include the Content/ User Submissions as created, developed and owned by the User.
  • Licensed Content – shall mean and include the Content/ User Submissions, for which the User has obtained explicit license for usage and reproduction.
2. Content as per applicable laws in India – No Content/ User Submissions shall be reproduced/posted by the user and/or any third-party associated with the user that are strictly prohibited under the applicable laws in India, including but not limited to The Emblems and Names (Prevention of Improper Use) Act, 1950, the Consumer Protection (E-Commerce) Rules, 2020 and Food Safety and Standards Act, 2006.
3. User/ Third Party Safety - You shall not (and shall not permit any third party to) publish or undertake to publish any Content/ User Submission constitutes or contains any of the following:
  • Offensive Content – Any Content/ User Submission that is or has the tendency to be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity or profane language, or sexual activity and any explicit content with an intent to be sexually gratifying, promotes bigotry, discrimination or violence against any race, religion, caste, belief, ethnicity sexual orientation or behavior, gender, disability, health condition, criminal record, political bias, creed or country, or is otherwise inappropriate as determined by Us in our sole discretion. The Content/ User Submission should also be compliant with The Information Technology Act, 2000, Indecent Representation of Women and Children Act, 2008 and the Indian Penal Code, 1860 which prohibits reproduction of any content pertaining to obscenity and indecent representation of women in India;
  • Infringes Third Party Intellectual Property Rights - Any Content/ User Submission that infringes or has the tendency or threatens to infringe any intellectual property rights including but not limited to patent, trademark, trade secret, copyright, design, geographical indication, right of publicity, privacy rights and/or performer’s rights or any other rights of any third person or any entity without any license or permission or violates any applicable law or contractual duty or obligations of confidentiality;
  • Fraudulent Information – Any Content/User Submission that you know or have had knowledge of, to be fraudulent, false, misleading, untruthful or inaccurate;.
  • Impersonates a third party – Any Content/ User Submission that impersonates any third person or an entity, including any of ours or our affiliate’s employees or representatives or personnel;
  • Compromises Cyber Safety – Any Content/ User Submissions that contain, including but not limited to, any software viruses or computer codes, files, worms, logic bombs or programs that are designed and/or intended to disrupt, disable, damage, limit or interfere with the proper functioning of our Services or any software, hardware, or telecommunications equipment or to damage or to obtain unauthorized access to any system, data, password or any of our other information. This shall also include any Content/ User Submissions that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) as solely determined by us in our sole discretion.;
  • Third Party Sensitive Personal Information – Any Content/ User Submission that includes or has the tendency to include any third party sensitive personal information under the applicable laws, without the prior express consent of such concerned third party;
  • Breaches Our Privacy Policy – Any Content/ User Submission that breaches or has the tendency to breach the terms of our Privacy Policy (which can be accessed at [insert the link of the privacy policy];
  • False and Misleading Advertising and Commercial Disparagement - Any Content/ User Submissions which contain false information and/or direct comparison with any competitor’s goods/services, including but not limited to any Content/ User Submission which may confuse or mislead the public with regards to the standard, quality, quantity or grade-composition of any product and shall not grant any unfair advantage over any third-party and not denigrate or discredit the product of a third-party;
4. Prohibited and Unsupported Content:
  • Any Content/ User Submissions pertaining to the products/services below are strictly prohibited for the use of our Services:
    • Any narcotic drugs and psychotropic substances including illicit drugs, prescription drugs, recreational drugs and performance enhancing drugs or any other substances prohibited under the Narcotic Drugs and Psychotropic Substances Act 1985;
    • Health care products or devices such as abortion medical services and sex determination kits which may be identified as unsafe and prohibited under the applicable law;
    • Weapons, ammunition, explosives, air guns, artillery including arms, any type of edged tools resulting in affliction including daggers, swords, serrated objects, knives or any item/ product which may or has the tendency in aiding any penal, illegal or unlawful activity;
    • Any services relating to prostitution, escort services or adult (cross-gender) massage;
    • Any Services relating to promotion of child labor or any form of slavery;
    • Any advertisements that discriminates or has the tendency to discriminate individuals on the basis of race, caste, creed, ethnicity, sexual orientation, religion or belief;
    • Any product which relates to the sale or trading or promotion of sale of any animals or plants or parts thereof, living or dead, including but not limited to any ivory and ivory products, reptile skins and/or trade of endangered species of animals or plants as prohibited under the Wildlife (Protection) act, 1972 and the rules thereunder;
    • Any services which relates to unlicensed sale of any user database;
    • Any services or products which relates to fraudulent education, experience or registration certificates;
    • Any products which contains part of human organs, blood, bodily fluids, or remains including donation or sale of human organs or tissue;
    • Any product and/or services which relates to pornography / sale or promotion of obscene materials (including child pornography) in any form (print, audio/video, MMS, images, photographs, etc.);
    • Any product which is deemed to be stolen property or which is pirated or counterfeit;
    • Any product or services which relates to gambling, betting or its promotion thereof.
  • Any Content/ User Submissions pertaining to the products/services below are not supported by our Services:
    • Any services relating to sale or promotion of securities, insurance and/or mutual funds products or any kind of financial securities;
    • Any services, including those provided by:
      • Medical practitioners and services including surrogacy, weight loss services, adoption of babies, veterinary drugs for animals, ayurvedic Medicines, sale of prescription drugs;
      • Advocates;
      • Architects;
      • Chartered accountants;
      • Company Secretaries;
      • Services for admissions including direct & indirect admissions in colleges/universities/ institutes;
      • Consultancy Services;
    • Any services for obtaining licenses, ration cards, passports or other government-issued personal documents;
    • Dating and matrimonial services;
    • Any services for providing tickets/vouchers/passes for any events, games, matches or concerts, lottery tickets, sweepstakes entries, subscriptions, etc;
    • Any services operating on behalf of charity or non-profit organizations including fundraising for a cause, free services of any kind with no clearly defined benefits or charity or voluntary giving of help or products for free;
    • Any services relating to astrology or related services;
    • Any product or services relating to sale or promotion of alcoholic drinks, e-Cigarettes and tobacco Products;
    • Any products or services which relates to chemicals, specifically hazardous materials including acid, fireworks, explosives, flammable adhesives, poison, hazardous chemical, oil-based paint and thinners (flammable liquids), industrial solvents, insecticides & pesticides, machinery (containing fuel), Fuel for camp stoves/lanterns/heating elements, infectious substances etc;
    • Any product which relates to sale or promotion of cryptocurrency including bitcoin, litecoin, bitcoin mining rigs & affiliated services/products;
    • Any products which relates to sale of liquefied petroleum gas - domestic or commercial, CNG or any other gas cylinders;
    • Any products which relates to sale or promotion of incorrect maps and geography;
    • Any products which relates to used cosmetics, undergarments, personal hygiene & grooming items;
    • Any products or services which relates to the sale of or promotion of online education;
    • Any sale of animals (including as pets) as prohibited under the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018;
    • Any product and or services containing radioactive materials in whole or in parts thereof; or
    • Any other products and services which we may regard as ‘Unsupported’ in relation to the Services.