Seller Services General Terms (Business Solutions Agreement)
THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("YOU") AND DIRECT CREATE PRIVATE LIMITED. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAMME POLICIES FOR EACH SERVICE YOU REGISTER FOR OR USE IN CONNECTION WITH THE DIRECT CREATE SITE.
As used in this Agreement, "we," "us," and "Direct Create" means the Direct Create Private Limited company named in the applicable Service Terms. Capitalized terms have the meanings listed in the Definitions below. If there is any conflict between these General Terms and the applicable Service Terms, the Service Terms will govern.
The General policies applicable for all the visitors, users and members of Direct Create as regards its software, mobile or web application/s, website, online and offline resources and marketplace are an integral part of this agreement. In addition to these General policies there may be specific policies governing separate “Programmes” or “Services” (Programme Policies) of Direct Create, These Specific policies shall form an integral part of this agreement in as much as it applies to Sellers.
The Specific Polices which applies to Sellers which are an integral part of this agreement, include but is not limited to - Listing Policy-Sellers, Returns and Refunds,etc.
Personal Information that Direct Create Gathers
The information we learn from our customers helps us personalise and continually improve your shopping experience in our site/s. We use your information to assist sellers in handling orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. We also use this information to improve our platform, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf. Here are the different types of information we gather.
Information You Give Us: We receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our platform, and communicating with you.
Information you Give us may include but not limited to the following –
- Identifying information such as your name, addresses, telephone numbers or email addresses when you register for an account with us.
- Buying/selling information you provide during a transaction or other transaction-based content that you generate or that is connected to your account as a result of a transaction you are involved in.
- Financial information (such as credit card or bank account numbers) in connection with a transaction.
- Postage, billing and other information used to purchase or post an item, as well as, where logistics services are provided through one of our programs or partners, information required to clear customs, octroi, VAT departments (such as Tax ID or other identification numbers) and relevant postage information (such as tracking numbers and tracking updates).
- Personal Information - In some instances, when you use our Services, you may provide age, gender, interests and favorites.
- Other Information - You may also provide us other information through a web form, by updating or adding information to your account, through your participation in community discussions, chats, dispute resolution, or when you otherwise correspond with us regarding our Services.
- Additional information we are required or authorized by applicable national laws to collect and process in order to authenticate or identify you or to verify the information we have collected.
We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies" and we obtain certain types of information when your Web browser accesses Direct Create or our partner site/s or advertisements and other content served by or on behalf of Direct Create on other Web sites.
We also collect information about your interaction with our Services, your advertising preferences, and your communications with us. This is information we receive from the devices (including mobile devices) you use - when you use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services. This information comprises the following: Device ID or unique identifier, device type, ID for advertising, and/or unique device token.
Geo-location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device's settings' menu.
Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information.
To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Direct Create if your computer supports such capabilities. We also compare our customer list to lists received from other companies in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please adjust your Communication Preferences in the appropriate page/link.
Information from Other Sources: we might receive information about you from other sources and add it to our account information.
We may supplement the information we collect with information from third parties and add it to your account information. For example, we may collect and use demographic information that is publically available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws.
We may allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site. Those social media sites may give us automatically access to certain personal information retained by them about you (e.g., content viewed by you, content liked by you, and information about the advertisements you have been shown or may have clicked on, etc.). If you provide us with access to any site with video content, then you agree that we may share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. You control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to your personal information retained by the respective social media site about you. By associating an account managed by a social media site with your account and authorizing us to have access to this information, you agree that we may collect, use and retain the information provided by these social media sites.
If you give us personal information about someone else, you must do so only with their explicit and prior consent. You have to inform them how we collect, use, disclose, and retain their personal information according to our Privacy Notice.
By using or continuing to use the site you agree to our use of your information (including sensitive personal information) in accordance with this Privacy Notice, as may be amended from time to time by Direct Create in its discretion. You also agree and consent to us collecting, storing, processing, transferring and sharing information (including sensitive personal information) related to you with third parties or service providers for the purposes as set out in this Privacy Notice.
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as Recommended for You, personalized advertisements on other Web sites (e.g., Direct Create Associates with content served by Direct Create) and storage of items in your Shopping Cart between visits.
If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.
Sharing the Information we receive
Information about our customers is an important part of our business and we are not in the business of selling it to others. Direct Create shares customer information only as described below and with associates or partners under the control of Direct Create Private Limited (such as its subsidiaries/agents) and that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
Affiliated Businesses We Do Not Control
We work closely with affiliated businesses. In some cases, such as Marketplace sellers, these businesses operate stores at Direct Create or sell offerings to you at Direct Create. In other cases, we provide services jointly with or on behalf of these businesses. When a third party is involved in your transactions we share customer information related to those transactions with that third party.
Third Party Service Providers
We employ other companies and individuals to perform functions on our behalf. Viz. fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privay Notice and as permitted by the applicable law.
Sometimes we send offers to selected groups of Direct Create customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your Communication Preferences.
As we continue to develop our business, we might sell or buy stores, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Direct Create.com, and all of its assets are acquired, customer information will of course be one of the transferred assets.
Protection of Direct Create and OthersWe release account and other
Personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property or safety of Direct Create, our users or others. This includes exchanging information with other companies, organizations, government or regulatory authorities for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice.
With your consent
Other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.
Whenever we transfer personal information to countries outside India in the course of sharing information as set out above, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by the applicable laws including but not limited to Information Technology Act, 2000 and the rules framed thereunder.
Service Providers and financial institution partners
Third party service providers who help us to provide our Services, payment processing services, logistics, packaging and handling, insurance, or other value added services, assist us in providing customized advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our User agreement and/or security breaches, bill collection, affiliate and rewards programs, co-branded products/services and other business operations can use your personal information to send you marketing communications only if you have requested their services.
Third party financial institution partners who may offer financial products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third party financial institution partners will use your personal information to send you marketing communications only if you have requested their services.
Regulatory/Compliance related sharing of Information
We may be required to share any of your aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences. You agree and consent for Direct Create to disclose your information, if so required under the applicable law.
To comply with our legal requirements, enforce our User Agreement, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property or safety.
To law enforcement or governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history
to credit agencies or bureaus as authorized by applicable national laws (e.g. information on late or missed payments or other defaults on your account that may be reflected in your credit report or file)
to third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal procedure, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Security of Information
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input in addition to maintaining security of your information as per the International Standard IS/ISO/IEC 27001 on "Information Technology Security Techniques Information Security Management System-Requirements".
If you have asked us to store credit card information for quick check out or other purposes, we reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal information (including sensitive personal information). Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
Third-Party Advertisers and Links to Other Web sites
Our site may include third-party advertising and links to other Web sites. For more information about third party advertising on Direct Create, including personalized or interest-based ads, please read our policy on Ads.
This Privacy Notice addresses only the use and disclosure of personal information that you provide to Direct Create or that we collect from you. If you disclose your information to others, or if you are directed to a third party website, their privacy notices and practices will apply.
Direct Create cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. This is true even where the third parties to whom you disclose personal information are members, buyers or sellers on our sites.
Other user’s access of your personal information on our sites/applications when you share information.
Other users have access to the information you share on Direct Create. For example, other users can see your purchases, items for sale, your collections, your portfolio, projects, names and IDs of sellers and collections you follow, storefronts, Feedback, ratings and associated comments. Other users can also see any information you chose to share in your profile or your collections.
To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information as necessary to facilitate your transactions and collect payments. However, when users are involved in a transaction, they have access to each other's name, User ID, email address and other contact and shipping information.
How you should use the information you receive on Direct Create
When you are in a transaction with another user, we enable you to obtain or we may provide you with the personal information of the other user (such as his/her name, account ID, email address, contact details, shipping and billing address) to complete the transaction. We encourage you to inform the other user about your privacy practices and respect his/her privacy. In all cases, you must give the other user a chance to remove himself/herself from your database and give him/her a chance to review what information you have collected about them.
You may use the personal information that you have access to only for Direct Create authorised transaction-related purposes, or for other services offered through Direct Create.com and for purposes expressly consented by the user to whom the information relates. Using personal information of other users that you have access to for any other purpose constitutes a violation of our user agreement.
Your preferences -Your Choice
You have a choice about how we use your personal information to communicate with you, to send you marketing information, how we provide you with customized and relevant advertising, and whether you want to stay signed into your account.
You can control the methods by which we may contact you about your account, and your buying and selling activities in the Communication Preference section within your Direct Create Profile. There, you can also control your member-to-member communications preferences setting and choose which newsletters and promotions you want to receive.
If you do not wish to receive marketing communications from us, you can unsubscribe from the link in the email you received, change your Communication Preferences within your profile.
If you do not wish to participate in our advertising personalization programs, you can opt out by following the directions provided within the applicable advertisement, or directly in your profile section at our site. The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of information for certain purposes such as usage, research, analytics and internal online services operation purposes). In addition to that, we do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent.
Being Signed in
When you sign in to your account on our Services, we may give you the option to stay signed in to your account for a certain period of time. If you are using a public or shared computer, we encourage you not to choose to stay signed in. You or any other user of the computer/browser you signed in on will be able to view and access most parts of your account and take certain specific actions during this signed in period without any further authorization. The specific actions and account activities that you or any other user of this computer/browser may take include:
- Buy or make an offer on an item.
- Check out or add items to your cart.
- Purchase an item with using Faster Checkout options (using saved credit card info) if enabled in your account.
- View and edit your activity.
- View the Watch List, order and payment details.
- Send member-to-member messages.
- Conduct after-sale activities, like leaving Feedback, canceling orders, requesting returns or submitting claims.
If you attempt to change your password, User ID, update any other account information or attempt other account activity beyond those listed above, you will be asked to enter your password.
You can typically end your signed in session by either signing out and/or clearing your cookies. If you have certain browser privacy settings enabled, simply closing your browser may also end your signed in session. If you are using a public or shared computer, you should sign out and/or clear your cookies when you are done using our Services in order to protect your account and your personal information.
If you withdraw your consent for the use or disclosure of your personal information for purposes set out in this Privacy Notice, you may not have access to all our Services and we might not be able to provide you all of the Services and customer support offered to our users and authorized under this Privacy Notice and our User Agreement.
If you do not want to receive e-mail or other communication from us, please adjust your Customer Communication Preferences. (If you do not want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of Direct Create and orders placed with Direct Create, and it is your responsibility to review them for changes.)
If you do not want us to use personal information that we gather to personalize advertisements we display to you, please let us know and adjust your personal preferences in your profile.
Children’s Use of Direct Create
Use of Direct Create is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Direct Create only with the involvement of a parent or guardian.
Notices and Revisions
If you have any concern about privacy or grievances at Direct Create, please contact us with a thorough description and we will try to resolve the issue for you. Our business changes constantly and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes.
Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without giving a reasonable opportunity to you to review the changes and communicate your decisions.