The terms and conditions as set out herein (“Term of Use”) constitute an agreement between NowFloats Technologies Limited (“we”, “us”, “our” or “NowFloats”), which owns and operates Boost360 (defined below) and a natural or legal person who accesses and/or uses Boost360 in any manner (“you” or “your” or “Seller”) or uses any current or future services or functionality or offer made available on Boost360 (“Services”), as updated from time to time.
1 USE OF BOOST360
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access Boost360. 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 Boost360. If you are a minor i.e. under the age of 18 years, you are not eligible to use Boost360. We reserve the right to terminate your membership and / or refuse to provide you with access to Boost360 if it is brought to our notice or if it is discovered that you are incompetent to enter into this contract.
3 REGISTRATION AND OPERATION OF YOUR ACCOUNT
- 3.2 Your credentials shared by you at the time of registration and your Boost360 login ID and password are referred to as “Account Information”.
- 3.3 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on Boost360 and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account. You can access and update much of the Account Information you provided us with in the “Your Account” area of the website.
- 3.4 Notwithstanding anything contained herein or under the Content Guidelines, you shall not:
- provide any false personal information to us (including a false/fraudulent Registration Details) or create any account for anyone other than yourself without such person's explicit permission;
- use the Registration Details or the Account Information that is in the name of another person with the intent to impersonate that person;
- use the Registration Details or the Account Information that is subject to any rights of a person other than you without appropriate authorization; or
- use the Registration Details that may be or is offensive, vulgar, obscene or otherwise unlawful.
4 OVERVIEW OF THE SERVICES
The Services offered by Boost360, including on-ground/in-person support assistance, is facilitated by our personnel (“Personnel”), partners and/or third-party service providers (“Partner Service Providers”). Please note that we only act as an intermediary between you and the Partner Service Providers for the provision of those Services which are provided by Partner Service Providers. Such Services provided through the Partner Service Providers shall be provided on an “as is” basis and we shall not be made responsible and/or liable for any performance and obligation of such Partner Service Providers including any warranty for the services provided. You shall be solely liable for any claims and obligations arising out of availing the Services as provided hereunder. These Services will be based on your business requirements such as retail, manufacturing, and service categories. The Services includes the following components:
- Set up your Business Profile: Our easy set up process helps you to create your own profile with your own business website.
- Service/Product catalogue and Inventory and Appointment Management:Based on the activity you are engaged in, you may create a service and/or product catalogue. You can add details of any products which are, or may become part of your stock for sale (“Your Products”) and upload details and description such as nature, quantity, price, photo of Your Products or relevant details of your services. In addition, we will provide you with real time reports and dashboards for managing Your Products and appointments. Please note that we shall not be liable or bear any responsibilities of any claims arising out of Your Products or services, displayed in Boost360.
- Payment Processing:Based on the Subscription Plan (as defined hereinafter) as selected by you, you would be able to process payments from the Customer(s) either through cash payment or credit/debit cards or through UPI or any other system as may be included or integrated into the Services.
- Hyperlocal Delivery Management:Our Services also allows you to connect with relevant Partner Service Providers engaged in the business of providing logistic management, for assisting you with any local and hyperlocal deliveries. The obligations and the responsibilities arising out of utilization of these Services shall be as per the additional terms set out by such Partner Service Provider.
- Cancellation, Return and refund of Your Services and Products: You may process cancellations of Your Products and services, returns and refunds of the services and Your Products, in accordance with your Cancellation, Return and Refund Policy.
- Use digital marketing platform to find clients: You are allowed to use popular digital marketing platforms to find new Customer(s) and bring them to your website adding regular updates to your social channels and website to enhance your Customer base. Please note that we shall not be liable or bear any responsibilities of any claims arising out your usage of digital marketing platforms. You are liable to obtain consent from your Customers with respect to any collection of their personal information through such digital marketing platforms and to comply with the terms and conditions of such digital marketing platforms.
- Share social media updates to promote Services/shops: You are allowed to use instant feature updates to share discounts, offers deals, promotions and other information with your Customers on Boost360 and on your social media pages. Please note that we shall not be liable or bear any responsibilities of any claims arising out of your usage of social media pages and you are obligated to obtain all requisite consent from your Customers and to comply with the terms and conditions on such social media platforms.
- Any licence or permit required under applicable law to your establishment/store/ service, re-sell Your Products shall be obtained, maintained by you at your premises and be renewed from time to time. Boost360 platform shall not provide you with the necessary licence and permission required to sell Your Products. We do not verify such licences and you shall be solely responsible for obtaining the requisite licences or permits. You agree to indemnify and hold harmless NowFloats from any claims from third parties and/or governmental authorities due to non-compliance by you of any applicable law.
5 CONTENT AND USER SUBMISSIONS
- 5.2 All Content and User Submissions, whether publicly posted or privately transmitted, shall be the sole responsibility of the person who originated such User Submissions/Content. We cannot guarantee the authenticity of any such User Submissions, and/or Content which the users may provide about Your Product or business. You acknowledge and agree that (i) all User Submissions/Content accessed by you, while utilizing or using the Services shall be at your own risk and you will be solely responsible and liable for any damage or loss that may occur as may be attributable to you or any other party resulting therefrom; (ii) we shall have no liability towards you or any such party for any damage or loss resulting from such User Submissions/Content; and (iii) You shall be responsible and liable for displaying of authentic Content/User Submissions while using the Services and we shall have no liability in this regard.
- 5.4 By creating Content/User Submissions using the Services, you grant us a worldwide, non-exclusive and royalty free license to use and reproduce the User Submissions/ Content at our discretion, which may be processed by us or by the Partner Service Providers to provide you the Services.
- 5.5 By way of the Services provided by Partner Service Providers, Customers can even design their own logo for their e-Business Management Suite. However, Customers must not engage in unfair practices and infringe or violate an existing registered logo, while designing their logo through the services provided by Partner Service Providers. The Partner Service Providers shall not be held responsible for the infringing Content/User Submissions on the websites of such Partner Service Providers.
- 5.6 The Services provided hereunder, contains content specifically provided by us or our Partner Service Providers and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable, whether registered or proposed to be registered (“Service Content”). You shall abide by and maintain all copyright notices, information, and restrictions contained in any such Service Content accessed as part of the Services.
- 5.7 All Service Content is made available “as is” and without any representations or warranties whatsoever, and we hereby disclaim any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement. You shall not sell, resale, alter, license, rent, or otherwise use or exploit any Service Content for commercial (whether or not for profit) and personal use or in any way that violates any third party right.
- 5.8 You must only upload, create or contribute Content/User Submissions which are originally created by you. You must refrain from uploading or contributing any Content/User Submissions which is not properly licensed to You for uploading or contributing.
- 5.9 Nowfloats is not in any manner endorsing any Content/User Submissions that it may publish or post as part of the Services and cannot, and will not, vouch for its reliability. Nowfloats is not responsible for any Content/User Submissions, and has no duty to monitor such Content/User Submissions.
- 5.10 You use any information contained in the Content/User Submissions at your own risk.
- 5.11 Nowfloats has the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your Content/User Submissions or the Platform (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason.
6 SUBSCRIPTION AND PAYMENT TERMS
- 6.1 Currently, our Services are available only for users located in India. All charges towards the Services are payable in INR (Indian Rupees). The charges are payable as per the subscription opted by you (“Subscription Plan”). Various options for the Subscription Plan can be accessed at https://www.getboost360.com/
- 6.2 You may choose to upgrade from a lower tiered Subscription Plan to a higher tiered Subscription Plan, for which you shall have to pay the differential amount i.e. the difference between the current Subscription Plan and the upgraded Subscription Plan. Similarly, on your cancellation of any paid Subscription Plan, your Boost360 account shall automatically downgrade to the free Subscription Plan. Further, any change towards the Subscription Plan may take up-to 7 working days to reflect under the “Subscription” tab in the Account Information.
- 6.3 You may be eligible for a refund for any payments made towards a Subscription Plans procured by you only if the following conditions are satisfied:
- any such refund request must be initiated within 7 days of making payments for the relevant Subscription Plan. In order for us to process your refund, you would be required to initiate a support request on the Boost360 application.
- Any such refund is only applicable on those Subscriptions Plans where you have procured a bundle of services (i.e. where you are paying an aggregate fee for a set of services including add-on services provided by Partner Service Providers). Notwithstanding anything to the contrary, you will not be eligible for refund under those Subscription Plans where you have individually procured one or more add on services provided by Partner Service Providers and you have been charged separately for each such add on service.
- 6.4 Any cancellation of the Services shall mean cancellation of your Subscription Plan (except in cases of free Subscription Plan), and as a user/subscriber, you will not be charged any fee, provided however, any request for cancellation of your Subscription Plan must be made any time prior to the expiry of 48 (forty eight) hours from the beginning of next billing cycle.
- 6.6 While availing any of the payment methods made available through the Services, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- lack of authorization for any transaction/s, or
- exceeding of the pre-set limit mutually agreed between you and the financial services providers you deal with, or
- any payment issues arising out of the transaction, or
- declining of transaction for any other reason/s.
- 6.7 You have specifically authorized us to collect, process, facilitate and remit the payments electronically, through UPI, credit/debit cards, prepaid payment cards or direct bank transfer or any other methods of payments as may be notified under applicable laws from time to time.
- 6.8 We reserve the right to charge a separate fee in respect of different categories of users/subscribers.
- 6.10 The domain name once allotted under free or paid subscription, cannot be changed or cancelled. The 'Custom Domain Feature' is an option available only with a Premium Subscription Plan. The domain name would automatically cease to be operational once the Subscription Plan expires. After your Subscription Plan is terminated or expires, you shall have a grace period of 30 days to renew the Subscription Plan. If the Subscription Plan is renewed during the grace period, the domain name/ ‘Custom Domain Name’ used during the active subscription may be reclaimed by you. However, NowFloats does not make any claim or promise to offer to make available the domain name/ ‘Custom Domain Name’ at the time of renewal of Subscription Plan during the grace period or thereafter. If the yearly plan has expired, the domain name click will redirect to the subdomain URL. The date of renewal of the domain name is the date of subscription renewal.
- 6.11 We may provide you certain parts of the Services through Partner Service Provider for which we may charge you separately. Any accruing costs and/or charges for Services provided through any Partner Service Provider, any functionalities or features on Boost 360 which are chargeable shall be viewable to you, prior to the use of the Services. All statutory taxes for the discharge of Services would be borne by the user/subscriber.
7 COMMUNICATION AND UNSUBSCRIPTION
- 7.1 You understand that once you have shared your Account Information and successfully registered on Boost360, you may receive SMS or email notifications from NowFloats relating to your registration and transactions using Boost360.
- 7.2 You may also receive such notifications regarding any marketing / promotional activities that maybe available on Boost360 from time to time. By sharing your Account Information and registering on Boost360 and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications, news, updates, offers/ campaign related SMS (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
- 7.3 NowFloats may also send notifications and reminders with respect to the Services on Boost360. While NowFloats endeavours to provide these notifications and reminders to you promptly, NowFloats does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
- 7.4 You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from NowFloats at any time by following the instructions set out in such communications.
8 LICENSE AND ACCESS TO PLATFOR
- 8.3 You grant to NowFloats 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 material posted by you on Boost360 or the e-Business Management Suite without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on Boost360.
- 8.4 Please note that NowFloats at all times reserves the right to refuse your access to Boost360, terminate/deactivate your account, remove or edit content on Boost360, at its discretion.
9 CONTENT ON BOOST360 AND E-BUSINESS MANAGEMENT SUITE
- 9.1 All information, content design, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the e-Business Management Suite or any of the other Services are the property of NowFloats or its affiliates (“NowFloats Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to the e-Business Management Suite whether or not displayed on the e-Business Management Suite, are proprietary to NowFloats.
- 9.2 NowFloats may display on the e-Business Management Suite any third-party logos, trade names, trademarks of other brands, as per the license granted to NowFloats by such brands.
10 PERSONAL INFORMATION AND PRIVACY
- 10.1 During the course of your registration on and usage of Boost360 or availing the Services, NowFloats may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, your business name, phone number, email address, address, postal code, occupation, login details etc.
11 INTELLECTUAL PROPERTY RIGHT AND DISCLAIMERS
- 11.1 All Intellectual Property Rights contained in Boost360, including the goodwill of Boost360, are proprietary to NowFloats. Content, features, functionality software, design, text, sound recordings and images, are our exclusive property, or licensed by us, except as otherwise expressly stated. Your access shall only be limited to your use of the Services offered.
- 11.2 No information, code, algorithms, content or material from the Services provided may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.
- 11.3 NowFloats will try to make access to and use of Boost360 error-free and without interruptions. However, your access to Boost360 may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on Boost360. NowFloats does not take responsibility for any access or usage problems that arise from internet related issues at your end.
- 11.4 All information in relation to the Content/ User Submissions is sole responsibility of you. NowFloats, in its capacity as a technology service provider, is not endorsing Content/ User Submissions and is not responsible for any errors and representation nor is it associated with it and you shall be liable for any liability arising due to the Content/ User Submissions.
- 11.6 The Services included on Boost360 are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. NowFloats does not covenant or provide any representations and warranties:
- in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on Boost360;
- that the Services will be made available at all times;
- that the operation of Boost360, including the functions contained in any content, information and materials on Boost360 or any third-party sites or services linked to Boost360 will be uninterrupted, or that the defects will be rectified, or that Boost360 or the servers that make such content, information and materials available are free of viruses or other harmful components; and
- that the NowFloats Content available on Boost360 is complete, true, accurate or non-misleading.
- 11.7 To the extent permitted by applicable law, NowFloats disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on Boost360.
- 11.8 NowFloats is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
12 USER WARRANTIES AND RESTRICTIONS
- 12.1 You represent and warrant that: (a) your use of Boost360 and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to NowFloats in connection with Boost360 and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Boost360 policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, NowFloats will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify NowFloats and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
- 12.3 You will not do any of the following:
- Delete or modify any content on Boost360, such as any information regarding the Services and their performance;
- Reverse engineer Boost360 to create an app /platform to create any technology identical or similar to that of Boost360;
- Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Boost360;
- Make false or malicious statements against the Services, Boost360 or NowFloats;
- 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 disrupt or damage Boost360 and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Boost360 and/or the Services;
- Introduce any trojans, viruses, any other malicious software, any bots or scrape Boost360 for any information; or probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us; or otherwise tamper or attempt to tamper with our technological design and architecture; or hack into or introduce malicious software of any kind onto Boost360;
- Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services;
- 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.
- 12.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Boost360, any information that:
- belongs to another person and to which You do not have any right;
- is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates or defames another person; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- 12.5 Each time you access or use Boost360, you represent and warrant to us that:
- you are competent to enter into a legally binding contract under the Indian Contract Act, 1872;
- 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 Boost360 and the Services availed, transactions carried out, as the case may be, under these Terms;
- you have obtained and maintain all licenses, permits, approvals, consents, registrations under applicable laws in relation to the use of the Services and the transactions carried out in connection thereto;
- 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; and (iii) laws relating to QR codes etc.
- 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;
- you will act fairly and not misuse Boost360 features or Services that are made available to you under these Terms.
- you are 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 Government of India (e.g., the Ministry of Home Affairs and the Ministry of External Affairs’ List of Banned Organizations, 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.
13 INDEMNIFICATION AND LIMITATION OF LIABILITY
- 13.2 To the fullest extent permitted by law, in no event shall NowFloats or any of its directors, officers, employees, agents or content or service providers (collectively, the “NowFloats 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, Boost360 or the content, materials and functions related thereto, the Services, provision of information via Boost360, lost business, even if such NowFloats Representatives have been advised of the possibility of such damages.
- 13.3 In no event shall NowFloats Representatives be liable for:
- the use or inability to use Boost360 and/or the Services;
- any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through Boost360;
- any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
- any other matter relating to Boost360 or the Services.
- 13.4 NowFloats is neither liable nor responsible for any actions or inactions of the other users of Boost360 or any breach of conditions, representations or warranties by them. NowFloats is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of Boost360.
- 13.5 None of the directors, officials or employees of NowFloats shall be personally liable for any action in connection with Boost360 or the Services.
14 ACCESS OUTSIDE THE REPUBLIC OF INDIA
15 TERM AND TERMINATION
16 ORDER RELATED SETTLEMENT
- 16.1 For all the transactions undertaken by the Customer(s) on the e-Business Management Suite using digital mode of payment (net banking/ debit/ credit card/ UPI/ wallet etc.) or at the offline establishment, the transaction amount shall be collected and settled by such third party payment services provider (“Payment Service Provider”) as referred to you by NowFloats. You shall enter into a separate agreement with such Payment Service Provider to receive the transaction amount. The Payment Service Provider shall make the payments to you after settling the delivery charges of the Logistics Partner, refund amount, transaction fee, cancellation charges or such other fee as may be imposed on the transaction amount, from the Customer(s). NowFloats shall not be responsible and liable for any claim arising due to Your agreement with the Payment Service Provider. Further, NowFloats shall not be a part to any dispute between you and/or the Payment Service Provider and/or the Customer. You acknowledge that details regarding transactions made through Boost360 shall be shared by the Payment Service Provider with Nowfloats to enable provision of seamless Service(s) to you.
- 16.2 Return or cancellation charges
- 16.2.1 You may cancel or refuse to accept the order requested by the Customer(s). In such cases no amount shall be charged from You. However, once the order has been accepted by You, and You refuse to hand over the Products to the Logistics Partner for delivery or fail to perform the service as per the appointment, thus resulting in-to cancellation of the order, the transactional fees shall be charged from you.
- 16.2.2 In no case shall You be allowed to cancel the order of the Products once it has been picked up from Your premises by the Logistics Partner for delivery.
- 16.2.3 In case (i) Product is damaged; (b) both the Product and shipping package have been damaged; (iii) Product is defective or is not in working condition; (iv) the Product is of bad quality; (v) parts of the Product or accessory is missing; (vi) the Product ordered is different from what was ordered basis the Product description provided on the Platform; or (vii) the Customer(s) is dissatisfied with the purchased Product (“Non-Compliant Product”) and the Customer returns such Non-Compliant Product, the transaction fee levied by the Payment Service Provider, cost towards logistics partner (round trip from the Customer’s address) and any other charges as may be required by us shall be charged from you.
17 CONTENT GUIDELINES
NowFloats is providing the Services as detailed in overview of services above to enable you to post content, price, offers and any other details required for the sale and purchase of products or services between You and the Customer through the e-Business Management Suite or your offline establishment. You must comply with these “Content Guidelines” in connection with the offering for sale of any products on e-Business Management Suite, powered by Boost360.
- 17.1 User/ Third Party Safety - You shall not (and shall not permit any third party to) publish or undertake to publish any Content on the e-Business Management Suite that constitutes or contains any of the following:
- 17.1.1 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, The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, 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, as may be amended from time to time.
- 17.1.2 Infringes Third Party Intellectual Property Rights-Any content on the e-Business Management Suite 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;
- 17.1.3 Fraudulent Information – Any Content/User Submissions on e-Business Management Suite that you know or have had knowledge of, to be fraudulent, false, misleading, untruthful or inaccurate;
- 17.1.4 Impersonates a third party – Any Content/User Submissions on the e-Business Management Suite that impersonates any third person or an entity, including any of ours or our affiliate’s employees or representatives or personnel;
- 17.1.5 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 on e-Business Management Suite that constitutes unauthorized or unsolicited advertising, junk or spamming as solely determined by us in our sole discretion;
- 17.1.6 Third Party Sensitive Personal Information – Any Content/User Submissions 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;
- 17.1.8 False and Misleading Advertising and Commercial Disparagement -Any Content/User Submissions on the e-Business Management Suite which contains false information and/or direct comparison with any competitor’s goods/services, including but not limited to any content 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;
- 17.2 Conditions on Product Listings
- 17.2.1 Offering, listing, selling, advertising or publishing any information of the followings products are strictly prohibited on e-Business Management Suite:
- i contraband products or items comprising of contraband products;
- ii counterfeit products or products which are falsely represented as an authorised resale;
- iii intoxicants, including, drugs, alcohol or products containing intoxicants;
- iv products containing tobacco, including cigarettes, beedis, or chewing tobacco;
- v products comprising of human body parts, blood or medical implants;
- vi products comprising of or claiming to comprise of human hormones or substances which may alter or claim to alter human hormones;
- vii >products which are purport to be miracle cures, including unsubstantiated cures, remedies or other items marketed as quick health fixes;
- vii erotic products, sex toys or other products intended to be used for the purposes of sex or erotica;
- ix products containing pornography or objectionable pictures of any person;
- x products containing objectionable pictures or other contents in relation to minors;
- xi products containing any content that may deemed to be obscene, violent, offensive or sexual under applicable law and / or basis NowFloats’ sole judgement;
- xii arms, ammunition (in whole or in part) or related thereto;
- xiii imitation firearms airsoft guns, air guns, air weapons, BB guns and other products deemed illegal for sale through e-commerce under applicable laws;
- xiv weaponry, explosives and offensive weapons, including spear guns, crossbows, mace and black powder;
- xv pyrotechnics, fireworks, firecrackers, or explosive material of any nature;
- xvi razors, blades, knives, knife blades, swords, axes, daggers and any products with sharp edges made for the purpose of, or capable of being used for, causing injury; excluding knives manufactured for the use as kitchen knives, folding blades of 3 inches or less which are unlockable or are a part of a multi-tool device, craft and electric carving knives;
- xvii live animals, insects, or sentient beings of any kind;
- xviii products which consist of plants, animals, insects or sentient beings of any kind, the offer or sale of which through e-commerce is prohibited or restricted under applicable laws, for instance jewellery consisting of ivory;
- xix products which are defective or have been recalled by the manufacturer, or maybe potentially recalled, for instance faulty electronic products;
- xx products imported into India in violation of the applicable laws;
- xxi cable descramblers or black boxes including devices intended to obtain cable and satellite signals for free or in violation of applicable laws;
- xxii products or contents which infringe the intellectual property rights of any persons;
- xxiii products or services which incite, encourage or solicit violence, intolerance, hatred, or any activities prohibited under applicable laws or against public policy, for instance, offensive products that defame or slander any person or groups of people based on race;
- xxiv products that are prohibited for being offered, shipped or sold under applicable laws, for instance products in connection with child pornography;
- xxv products that are against public policy, for instance products promoting terrorist activities;
- xxvi products that are prohibited or restricted from offer or sale through e-commerce, or any products which contains ingredients which are prohibited or restricted, for instance products containing banned narcotics;
- xxvii pharmaceuticals, medicinal drugs, medicines or any products deemed to be medicines / medicinal under applicable laws;
- xxviii medical appliances or devices or products of similar nature;
- xxix surveillance product having night vision;
- xxx any other product that NowFloats may deem unfit for the purpose of offer, listing, shipping, or sale through e-Business Management Suite, powered by Boost360.
- 17.2.2. You will require prior consent of NowFloats to list or offer any of the following products or services through e-Business Management Suite:
- i products purporting to be or likely to be construed as the official merchandise of the Government of India or any Indian State Government, or any other sovereign Government or products, for instance an uniform issued by an Indian State Government to its employees;
- ii products that have been used prior to their listing, including refurbished products, or sale through e-Business Management Suite;
- iii products which by their nature require any license, certification or any other permit under applicable laws to be listed, offered or sold on e-Business Management Suite, for instance food products without appropriate certifications and labelling as required under the Food Safety and Standards Act, 2006;
- iv tickets or entry passes to any concerts, movies, or events of any nature;
- v surveillance products, including products intended to be used for the purpose of monitoring, tracking, or observing persons or things; and / or
- vi any other product, as may be prescribed from time to time.
The consent from NowFloats shall be obtained by sending a mail at:firstname.lastname@example.org. NowFloats may request you to provide documents such as registration details and licenses while considering your request to list the products discussed in 17.2.2 above.
- Any Content/User Submissions pertaining to the products/services below are strictly prohibited for the use of our Services:
- i 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;
- ii 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;
- iii 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;
- iv Any services relating to prostitution, escort services or adult (cross-gender) massage;
- v Any Services relating to promotion of child labor or any form of slavery;
- vi Any advertisements that discriminates or has the tendency to discriminate individuals on the basis of race, caste, creed, ethnicity, sexual orientation, religion or belief;
- vii 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;
- viii Any services which relates to unlicensed sale of any user database;
- ix Any services or products which relates to fraudulent education, experience or registration certificates;
- x Any products which contains part of human organs, blood, bodily fluids, or remains including donation or sale of human organs or tissue;
- xi 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.);
- xii Any product which is deemed to be stolen property or which is pirated or counterfeit;
- xiii Any product or service, which relates to gambling, betting or its promotion thereof.
- i Any services relating to sale or promotion of securities, insurance and/or mutual funds products or any kind of financial securities;
- ii 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;
- Chartered accountants
- Company Secretaries
- Services for admissions including direct & indirect admissions in colleges/universities/ institutes;
- Consultancy Services
- iii Any services for obtaining licenses, ration cards, passports or other government-issued personal documents;
- iv Dating and matrimonial services;
- v Any services for providing tickets/vouchers/passes for any events, games, matches or concerts, lottery tickets, sweepstakes entries, subscriptions, etc;
- vi 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;
- vii Any services relating to astrology or related services;
- viii Any product or services relating to sale or promotion of alcoholic drinks, e-Cigarettes and tobacco Products;
- ix 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;
- x Any product which relates to sale or promotion of cryptocurrency including bitcoin, litecoin, bitcoin mining rigs & affiliated services/products;
- xi Any products which relates to sale of liquefied petroleum gas - domestic or commercial, CNG or any other gas cylinders;
- xii Any product which is deemed to be stolen property or which is pirated or counterfeit;
- Any products which relates to sale or promotion of incorrect maps and geography;
- xii Any products which relates to used cosmetics, undergarments, personal hygiene & grooming items;
- xiv Any products or services which relates to the sale of or promotion of online education;
- xv Any sale of animals (including as pets) as prohibited under the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018;
- xvi Any product and or services containing radioactive materials in whole or in parts thereof; or
- xvii Any other products and services, which we may regard as ‘Unsupported’ in relation to the Services.
- 17.4.1 Your violation of this clause may entitle us to take any of the following actions against you:
- i terminate your account with Boost360;
- ii suspend your account with Boost360 for such period as decided by NowFloats;
- iii remove the particular listing;
- iv restrict your access and use of e-Business Management Suite, including imposing restrictions on your listing of Products;
- v notify the violation to relevant authorities; and / or
- 17.5.2 It is also your responsibility to ensure compliance with all applicable laws, including, maintenance of licenses, registrations, permits as may be required for the offer or sale of the Products (including each ingredient and component) or Services being offered or listed by them on e-Business Management Suite.
- 17.6.1 If you believe that another user is / could be in breach of the Content Guidelines, you may immediately inform our Grievance Officer at: email@example.com.
- 17.6.2 A short statement of the suspected breach (whether current or potential) along with proofs such as screenshots establishing the breach, should be provided to the Grievance Officer.
- 17.6.3 NowFloats may, at its discretion, subject to applicable law, take action against such breaches reported by you. Additionally, NowFloats also reserves the right to take action against sellers who raise frivolous or ill-intended complaints of breach.
18 THIRD PARTY SITES AND SERVICES
The Services may permit you to link to other websites, services or resources on the internet, and other websites, services or resources may contain links to the Services. When you access any websites by the Partner Service Providers, you do so at your own risk. These third party websites and/or platforms are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with our operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
19 Force majeure
NowFloats will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond NowFloats’s reasonable control.
22 GRIEVANCE REDRESSAL
You may submit any grievance with respect to Boost360 or the Services, including with respect to
any abuse on Boost360
including any discrepancies or grievances with respect to access or usage of Boost360 in
by any person, to the Grievance Officer at the below details:
Name: Resham Kathuria
Designation: Grievance Officer
Email Id: firstname.lastname@example.org
23 GOVERNING LAW AND DISPUTE RESOLUTION
26 ANTI BRIBERY AND ANTI CORRUPTION
You will comply with all applicable anti‑corruption laws, including, to the extent applicable to you and any other Indian law including Indian Penal Code, 1860 and Prevention of Corruption Act, 1988. You will not, directly or indirectly, offer or pay anything of value (including gifts, travel, entertainment expenses, and charitable donations) to any official or employee of any government, government agency, political party, or public international organization, or any candidate for political office, to (a) improperly influence any act or decision of such official, employee, or candidate for the purpose of promoting the business interests in any respect, or (b) otherwise improperly promote the business interests in any respect, in each case in violation of applicable law. You will retaliate against anyone who has, in good faith, reported a possible violation of this Section or refused to participate in activities that violate this Section to the extent prohibited by applicable law.
We may, on our own or by engaging a third party at our own expense and upon our request thereof to you, audit, inspect or examine any records, invoices and/or other data or documents of that are necessary to establish your compliance or non-compliance with this Term of Use and you will provide all assistance as may be reasonably requested by us. If such audit, inspection or examination establish non-compliance by you, We shall have the right to forthwith either terminate this Term and/or the Services or suspend the obligations under this Agreement and require you to cure such non-compliance within the prescribed timelines. You undertake to maintain the records relating to the transactions/Services under this Agreement during the term and thereafter for a period of 8 (eight) years or time prescribed under the applicable laws, whichever is more.
28 NODAL OFFICER
Name: Nitin Bajaj
Designation: Nodal Officer
Email Id: email@example.com