TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 rules, and regulations, privacy policy, and Terms of Use for access or usage of domain name [www.Fingerlings. in] (“Website”), including the related mobile site and mobile application (hereinafter referring to as “Platform”).The Platform is owned by Budmore Agro Industries Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at Kanakakunnu, Police Station Road, V /561, Malayiltharayil, Puthyavila P.O, Kayamkulam, Kerala 690531, India.

Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with Budmore Agro Industries Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Fingerlings.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. The term “We”, “Us”, “Our” shall mean Budmore Agro Industries Private Limited.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

 
Privacy :

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to Your Information being transferred or used in this way please do not use Platform. We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. 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 respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to : enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Fingerlings prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).

   > Please report any violations of this policy to the correct area for review:

         1.Report offensive Display Names

        2.Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal. Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

Fingerlings shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Fingerlings is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Fingerlings shall have the right to delete the customer review. Fingerlings shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.


Membership Eligibility : 

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Fingerlings reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Fingerling’s notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Your Account and Registration Obligations : 

1. If You use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

2. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

3. You agree that Fingerlings shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

4. If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Communications:

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication : 

         1. Please use caution and practice safe trading when using the Platform.

        2. Please note that there could be risks in dealing with underage persons or people acting under false presence.

Charges : 

Membership on the Platform is free for buyers. Fingerlings does not charge any fee for browsing and buying on the Platform. Fingerlings reserves the right to change its Fee Policy from time to time. In particular, Fingerlings may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Fingerlings reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Budmore Agro Industries Private Limited.

Use of the Platform : 

 1.You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

 2.You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) Belongs to another person and to which You does not have any right to;

(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully 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, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) Harasses or advocates harassment of another person;

(f) Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(g) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h) 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;

(i) Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(m) Contains video, photographs, or images of another person (with a minor or an adult).

(n) Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, fingerings’ prior written consent means a communication coming from fingerings’ Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) Interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;

(r) Refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) Harm minors in any way;

(t) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) Violates any law for the time being in force;

(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) Impersonate another person;

(x) Contains software viruses or any other computer code, 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;

(y) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(z) Shall not be false, inaccurate or misleading;

 
Payment : 

While availing any of the payment method/s available on the Platform, 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:

           1.Lack of authorization for any transaction/s, or

           2.Exceeding the present limit mutually agreed by You and between “Bank/s”, or

           3.Any payment issues arising out of the transaction, or

            4.Decline of transaction for any other reason/s

All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

              1. You have specifically authorized Fingerlings or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Users in respect of transactions through Payment Facility.

                   2. You understand, accept and agree that the payment facility provided by Fingerlings is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Fingerlings Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Fingerlings is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Compliance with Laws:

  1. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.

Buyer’s arrangement with Issuing Bank:

  1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  2.  
  3. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Email Abuse & Threat Policy : 

Private communication, including email correspondence, is not regulated by Fingerlings. Fingerlings encourages its Users to be professional, courteous and respectful when communicating by email. However, Fingerlings will investigate and can take action on certain types of unwanted emails that violate Fingerlings policies.

Such instances:

1. Threats of Bodily Harm – Fingerlings does not permit Users to send explicit threats of bodily harm.

2. Misuse of Fingerlings System – Fingerlings allows Users to facilitate transactions through the Fingerlings system, but will investigate any misuse of this service.

3. Spoof (Fake) email – Fingerlings will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.

4. Spam (Unsolicited Commercial email) – Fingerlings’s spam policy applies only to unsolicited commercial messages sent by Fingerlings Users. Fingerlings Users are not allowed to send spam messages to other Users.

5. Offers to Buy or Sell Outside of Fingerlings – Fingerlings prohibits email offers to buy or sell listed products outside of the Fingerlings Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

6. Fingerlings policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:

  •  >Limits on account privileges
  •  >Account suspension
  •  >Cancellation of listings
  •  >Loss of special status.
  •  

 Program membership entitles you (Verified Rights Owner) to the following benefits:

   1.Rapid response by Fingerlings in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing

   2.Dedicated priority email queues for reporting alleged infringements

   3. The ability to obtain identifying information about Fingerlings’s users.

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