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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. If this Policy or any of its conditions is not acceptable to you, please do not use Direct Create or its affiliates’ website/application or software.
Direct Create Private Limited (Direct Create) owns and operates 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 when you use any current or future Direct Create’s Content/Service (eg. Marketplace, Meetups, Blogs etc.) ("Service"), you will also be subject to specific terms, guidelines and conditions applicable to that particular Service ("Terms"). If these Terms or any of its Conditions are inconsistent with such Terms, the specific Terms will take control.
This "Seller Policy" constitute an electronic record within the meaning 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 the Direct Create’s site and Application/s and may give rise to an actionable cause/claim of Direct Create or its Affiliates against the violator.
Our policies on Embargo items are often based on regulatory and statutory requirements, although in some cases, they may also be based on input from our customers and our own discretion, especially for dangerous or sensitive items.
These items cover 3 main areas—prohibited, restricted, and potentially infringing items:
Prohibited items are not allowed to be sold on DirectCreate.com, often because they're illegal or involve strict regulations.
Chance listings that promote giveaways, random drawings, raffles, or prizes
Offensive material, which includes items that are racially or ethnically inappropriate.
Prohibited services, which include services that are illegal or sexual in nature or that violate the Direct Create User Agreement.
Restricted items can generally be sold on Direct Create but only under certain conditions that sellers are required to meet. Check our Current list of Restricted items from time to time. These are governed by regulatory restrictions, so they change often.
Potentially infringing items may be in violation of certain copyrights, trademarks, or other intellectual property rights. So some items are not allowed (even though they may be legal) because they often violate copyright or trademark laws. This also applies to certain types of information that appear in listings. Here are some examples:
Replicas, counterfeit items, and unauthorized copies;
Sellers can't deny or reject any knowledge of or responsibility for the authenticity or legality their items;
Sellers should use their own images and text. If you use images or text created by someone else be sure you have permission from the rights owner or creator.
To avoid creating listings that infringe upon intellectual property rights, read how Direct Create protects intellectual property in our Intellectual Property policy. You can also read our intellectual property FAQs.
Offering a prohibited, restricted, or potentially infringing item for free (rather than for sale) won't protect you from potential liability. 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.
For a satisfying and fun experience on Direct Create, we're helping Makers and Desingers (sellers) list their items in the most effective ways possible. As a general rule, sellers have to:
Select a category that matches the item for sale.
Provide a clear, honest, and accurate description about the item.
Avoid tactics like keyword spamming because they make it hard for people to find what they're looking for.
Your item description and terms of sale cannot be included in an image. They must be separately specified in the listing hosted on Direct Create.
Before listing items, be sure to read our search and manipulation clause to learn more about our guidelines on:
It's also important to stay in good standing with Direct Create fee payments. Sometimes sellers try to find ways to get around paying fees, or they do it by mistake. Be sure to read our policy about fee avoidance and ensure that that guidance are met at all times.
All content and Text in a listing should be original and/or free of any 3rd party copyright claims.
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, we can't be experts in the specific intellectual property concerns regarding each item, and can't 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 in 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. Refer to Intellectual Property Rights Policy for these wordings.
Follow these guidelines when selling an item on Direct Create to help you create legally compliant listings:
(a) Create your own listing content both pictures and text; (b) Make sure the statements in your listing are accurate;.(c ) Use brand names appropriately and only with permissions, if required; (d) Make sure your item is authentic (e) Before listing, any content that is not yours, contact the intellectual property owner with any questions about whether you can use the same or conditions upon which you can use it.
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.
Write your own descriptive text for your listing and take your own photos.
Read about our copyright policy and FAQs.
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.
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.
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.
Read more information about Direct Create's policy on replicas, counterfeit Items, and unauthorized copies in our Copyright Policy.
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.
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.
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:
It is mandatory that every Seller (Maker/Desinger) 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.