Listing Policy Sellers

Listing Policy Sellers

Introduction
Policy

Listing Policy

For Sellers

DirectCreate, ("DirectCreate", "our, "us" or "we")

Please read these conditions carefully (collectively referred to as the “Seller Policy”) before listing any product or Service for sale on the Direct Create Website/Application. By using the Direct Create website/application or digital platform, you signify your agreement to be bound by these conditions. You also hereby agree not to list or post or provide information in relation to the sale of goods and services, content or information that are illegal under the laws of the Republic of India. If this Policy or any of its conditions is not acceptable to you, please strictly refrain from using Direct Create or any of its affiliates’ i.e. website/application or software.

Direct Create Private Limited (Direct Create) owns operates and has absolute intellectual property rights over the DirectCreate.com website and Applications (“Website”, “Application”, “Platform”, “Marketplace”).

Expressions like You/Your with grammatical variations and cognate expression refers to any user, visitor, members, Maker, Designer, Service Provider, Institution or party who visits, uses or in any manner transacts with Direct Create.

Expressions – We/Our/Us with its grammatical variations and cognate expressions shall mean and include Direct Create Private Limited, and/or its affiliates, subsidiaries, holding companies or other entities in which Direct Create Private Limited is substantially interested, directly controls or be controlled.

In addition, to these terms, usage of Direct Create’s Content/Service by you (eg. Marketplace, Meetups, Blogs etc.) ("Service") shall also be subject to specific terms, guidelines and conditions applicable to that particular Service ("Terms").

This "Seller Policy" constitutes an electronic record generated by a computer system within the ambit of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Violation of the terms of this Notice constitutes an unauthorized use of our services may give rise to an actionable cause/claim by Direct Create or its Affiliates against you. We shall also be forced to notify the concerned government authorities in case of any violation of these terms and conditions. Further, your account shall be blocked permanently without serving any notice.

Policy

The Listing Policy is an important and integral part of the Direct Create Seller Agreement and hence before listing your item, please make sure you read, understand, and regularly check our policies (including the General Terms of Use) and all applicable laws and regulations pertaining to the sale of your item.s

Our Seller policies are intended to:

  1. Regulate our business in accordance with the existing laws;
  2. Minimize risks to sellers and buyers;
  3. Provide equal opportunity to all sellers;
  4. Protect intellectual property rights of our Company and the Sellers;
  5. Provide a smooth and hassle-free buying and selling experience;
  6. Support the values of the Direct Create community

Failure to comply with the listing guidelines by the Seller might force us to remove your listing and limit the privileges associated with the account.

Embargo Items: Prohibited, Restricted & Infringing items

Our policies on Embargo items are often based on regulatory and statutory requirements, although in few cases, they may also be based on input from our customers and our own discretion, especially for sensitive items.

The three categories of sensitive items are hereby mentioned below prohibited, restricted, and potentially infringing items:

Prohibited items
  1. Such items are not allowed to be sold on Direct Create website or Mobile Application, often because they're illegal or involve strict regulations.
  2. Prohibited items would include Cchance listings that promote giveaways, random drawings, raffles, or prizes, Firearms, weapons and items that are racially or ethnically inappropriate.
  3. It also include services
  4. sexual or obscene in nature or that violates the Direct Create User Agreement.
Restricted items
  1. Such items can generally be sold on Direct Create website or Mobile Application which are subject to certain conditions that sellers are required to meet.
  2. Restricted items are governed by regulatory restrictions, hence, periodic changes are required.
Potentially infringing items
  1. Such items posted by the Seller may be in violation of certain copyrights, trademarks, or other intellectual property rights.
  2. Hence, some items are not allowed as they often violate copyright or trademark regulations. It also applies to certain types of information that appear in listings e.g. Replicas, counterfeit items, unauthorized copies etc.;
  3. Sellers can't deny or reject any knowledge of or responsibility for the authenticity or legality of their products

The Sellers shall use their own images and text. In the event of use of any image or text created by the third party, the Sellers shall have the prior permission from the third party

The sellers shall avoid listings products that infringe intellectual property rights of the third party. The Sellers may refer, to our Intellectual Property Agreement and Intellectual Property FAQs for further information.

The sellers/makers/designers hereby agree that no prohibited, restricted or potentially infringing item shall be listed for Free on our website. Failure to comply with the clause, won’t absolve the liability of the Seller.

This policy applies to makers/designers and service providers and buyers to the extent they use Direct Create content to share in their profile and social media.

Listing Best Practices

The Makers and Desingners (sellers) can list their items our website or Mobile Application in the most effective ways possible. As a general rule, they have to

  1. Select a category that matches the item for sale;
  2. Provide a clear, precise, and accurate description of the item;
  3. Avoid spamming as it becomes difficult for people to find what they're looking for.
  4. The item description and terms of sale shall not be included in an image. It must be separately specified in the listing hosted on Direct Create.

It's against our policies to manipulate the search or browse experience on Direct Create. This applies to all parts of a listing, including the title, subtitle, product details, description, pictures, links, and meta tags. If you use tactics that can inappropriately divert buyers or users to a listing, that will be considered as violation of the Terms of Use and we may take action.

Before listing items, be sure to read our search and manipulation clause to learn more about our guidelines on:

  1. Brand names
  2. Categories
  3. Item details
  4. Keyword spamming
  5. Pictures
  6. Text and other information
  7. Titles
Direct Create’s profanity policy prohibits the use of:
  1. Hateful, obscene, offensive, racist, sexual, or violent words in any public areas. Offensive user IDs. Profane language to describe an item for sale. Profanity in a listing title or description;
  2. It also prohibits using profanity in a listing or other community pages on Direct Create, HTML and JavaScript functions, or links outside of Direct Create. Be sure to read our rules for listings (Listing requirements/Policy) for information on how to list and describe certain items.
  3. The Seller(s) shall make sure that they read our policy about fee avoidance and ensure that that guidance are met at all times.
  4. All content and Text in a listing should be original and/or free of any 3rd party copyright claims.
Text & content

As a seller (Maker/Designer/Service Provider), you would be solely responsible for the legality of listing any item you offer for sale on Direct Create.

If your item or listing violates Direct Create policy (Terms of use, Copyright/ Trademark Policy, Payment Policy or any other Terms and conditions) or is reported to Direct Create by an intellectual property rights owner as violating its rights, the listing may be removed from Direct Create, after conducting due investigation. Direct Create has a Notice and takedown policy for reporting an intellectual property rights owner violation.

Creating compliant listings

The following are general guidelines to help you create listings that don't infringe the intellectual property rights of others. However, these guidelines aren't intended to constitute legal advice. Given the wide range of products available for sale on Direct Create, it would not be possible for us to offer brand-specific advice. If you have specific questions about the legality of your item, you should contact an intellectual property attorney. Please note that the guidelines apply not only to items you list but also to the content on your profile and Collections.

For the protection of the Direct Create community, we have policies regarding potentially infringing items and educational pages (FAQs) concerning copyrights, trademarks, and the use of images and text

Follow these guidelines when selling an item on Direct Create to help you create legally compliant listings:

  1. The content of both pictures and text should have been originally created by the Seller;
  2. The Seller shall make sure that the description of the listing is accurate
  3. The Seller shall use Brand names in accordance with our Policy;
  4. In the event the content is not yours’, the Seller shall have the prior permission from the Iintellectual Property Owner.
Create your own listing content

Don't "borrow" text or images (including photos) from other listings on Direct Create, manufacturers' websites, third-party product catalogs, or other sources without specific permission from the owner. Contrary to popular belief, simply because images and text can be found somewhere on the Internet, it doesn't necessarily mean that they aren't protected by copyright laws. Copyright laws apply to the Internet, and manufacturers or other copyright owners may object to the use of text or images that they own or have created.

The sellers shall mention their own descriptive text for the listing and put original images of the products.

Make sure the statements in your listing are accurate

If you are reselling, make sure that all statements and claims in your listing are true and complete. Rights owners(designers/Artists) may object to listings that contain false, inaccurate, or misleading claims about their designs/products or services. If you're not sure if a statement you want to make is allowed or is true, double-check it and rely only on credible sources.

Your product should genuinely be the same as projected in the description/listing – viz. The craft technique you use, the raw materials, colours, tools and traditional techniques that are associated with your craft should have been followed in the making of the product. Eg. You can’t list a product which implies the use traditional vegetable dyes whereas the actual could have used chemical based dye or a technique which was not traditional.

Making sure your listing is accurate and complete will not only help you avoid intellectual property concerns, it will also help buyers understand what they're buying, eliminating miscommunications that might lead to a poor transaction and negative Feedback.

Use brand names appropriately

If you're selling a brand name (Maker/Designer/Artists/Organisation’s Brand) product, you can mention the brand name in your listing and include photos that you've taken of the item you're selling. However, don't suggest that you're an official dealer/reseller if you're not, and don't use the maker's/Designer’s text, images (including photos), or logo unless you're authorized to do so by the manufacturer.

Search manipulation (using unrelated brands in a listing title in order to attract people searching for those items) is another misuse of brands that isn't allowed on Direct Create.

Make sure your item is authentic

You can't list replicas, fakes, counterfeits, or other illegal copies on Direct Create. Eg. you can't list an item that bears the brand name or logo of a company/designer/artist that didn't make or authorize the making of the product. Under the law, it's no excuse to say that you didn't know the item you were selling was a counterfeit or a pirated copy. It's your obligation to investigate your source for the product and stand behind everything you sell.

Before listing, contact the intellectual property owner with any questions It's the seller's responsibility to make sure their items aren't infringing before listing them on Direct Create. If you're not sure whether your item is authentic, we encourage you to contact the intellectual property rights owner with any questions.

We don't and can't review the items listed on Direct Create prior to posting on our site, nor are we experts in the products or legal concerns of third parties. We can't pre-approve items to be listed.

Direct Create encourages intellectual property rights owners who report items through our Copyright/Content use Guidelines to explain their policies and procedures concerning infringing items.

Search & Manipulation

To create an effective listing that attracts buyers and complies with our policies, be sure to follow these guidelines: Select a category that matches the item you're selling. Provide a clear, honest, and accurate description of your item. Don't engage in tactics like keyword spamming, because this makes it hard for people to find what they're looking for.

It's against our policies to do anything that manipulates the search or browse experience. This applies to all parts of a listing (see our HTML and JavaScript policy for more information). For example, the use of superscript, subscript, or other special characters (e.g., ™, ♥, ½) in the title, subtitle, item specifics, or other fields is not allowed. If a seller uses tactics that can inappropriately direct bidders and buyers to a listing, we may take action.

If you list several related items as a bundle, please make sure you select the appropriate category for the main product included in the bundle. You should also include the word "bundle" in the title and provide item specifics for the additional items. This will help ensure that buyers can find your bundle listing when they search and browse on Direct Create. Get more guidelines and learn how to improve your performance by bundling items.

Only use item specifics to describe the item you are selling. Item specifics and other fields should only contain the information that the field was intended for. Eg. Don't use item details to include other information such as your terms of sale or shipping details. You should also read the following policies:

Fee Avoidance

It is mandatory that every Seller (Maker/Designer) be in strict conformity with all the fee obligations to Direct Create and is in good standing with respect to their dues on the platform. Sometimes its possible that intentionally or otherwise sellers actions may lead to an attempted fee-avoidance. Sellers will have to ensure that no such actions are initiated by them which constitutes a direct or indirect fee avoidance to the Direct Create Platform.

Fee avoidance, includes any action taken to avoid paying a membership fee, listing fee , Management Fee, Referral Fee, or any transaction based fee (VAS Fee) or any other charge relating to conduct of business on the Direct Create Platform.

The following acts, among others, constitute a Fee Avoidance. This list is indicative and is not comprehensive. Posting a shop or profile comment/announcement that encourages Members or buyers to purchase the same or substantially similar items listed on Direct Create from another online selling venue. Using an empty shop or profile created only to direct shoppers to another online selling venue. Editing a listing's information to change it to an entirely different item – this applies to members who is liable to pay a listing fee. Contacting another member through discussions, forums, blogs or Groups and directing them to buy or sell an item listed on Direct Create Platform to outside of the Direct Create marketplace. Completing a transaction off-Direct Create once it has been initiated on the site. Including contradictory or confusing shipping terms in your listing or by Charging a lower retail price and charging a higher charge for packaging or shipping or insurance so as to minimise the invoice value of goods sold; Fee Avoidance is a serious violation of the Direct Create User Agreement and Membership Agreement and may lead to suspension or cancellation of Member privileges alongwith cancellation of all pending order pipeline and withholding of payments in the Member’s Nodal Account to the extent of the avoided Fees. The Member may not be able to revive his/her account and any organization to which he/she is affiliated may also be notified of this contract violation. Further, the Seller(s) shall be liable to indemnify us, in case the damage arises due to violation of our policies by the Seller(s).