Prohibited and Restricted Items Policy

PROHIBITED AND RESTRICTED ITEMS POLICY

1. INTRODUCTION AND PURPOSE

1.1. This Prohibited and Restricted Items Policy (the "Policy") details items that are prohibited (cannot be listed or sold under any circumstances) or restricted (may be sold only under specific conditions or require pre-approval) on the Gajab.com Platform ("Platform"), operated by Aeliya Technologies Private Limited ("Company", "We", "Us", "Our").

1.2. The purpose of this Policy is to ensure compliance with all applicable Indian laws and regulations, protect the safety and well-being of Buyers and Sellers, maintain the integrity and reputation of the Platform, and adhere to ethical commerce standards and to comply with Gajab.com's due diligence obligations as an “Intermediary” under the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ('IT Rules')

1.3. All Sellers ("You", "Your") must strictly comply with this Policy at all times. Listing prohibited or restricted items in violation of this Policy is a serious breach of the Seller Agreement. It is the Seller's sole responsibility to ensure their listings comply with this Policy and all applicable laws. The Seller assumes full criminal and civil liability and shall indemnify and hold Us harmless for any non-compliant listings.

1.4. Violations of this Policy will result in enforcement actions, including but not limited to listing removal, withholding of payouts, and potential suspension or termination of Your Seller Account, as detailed in Section 3 below and the aforementioned agreements.

1.5. This list is non-exhaustive and the Company reserves the right to determine, in its sole discretion, whether a listing is prohibited or restricted, and to update this Policy at any time. Sellers are expected to keep themselves updated with any changes to this Policy and ensure ongoing compliance

1.6 Notwithstanding anything contained in this Policy, the Company reserves the absolute and unilateral right to remove any listing that it deems, in its sole discretion, to be harmful to the brand equity of Gajab or the safety of its Users, without prior notice.

2. PROHIBITED AND RESTRICTED ITEMS LIST

Sellers are strictly prohibited from listing or selling any item that is illegal in India, facilitates illegal activity, or is restricted by Gajab.com as outlined below. This list is indicative and not exhaustive. If a Seller is unsure about the permissibility of an item, they should refrain from listing. The following categories outline types of items that are generally prohibited or restricted. Sellers are responsible for ensuring any item they list complies with these rules and all applicable laws.

2.1. Illegal Products and Services: Any product or service that is illegal to sell, possess, distribute, or offer under any applicable central, state, or local law or regulation in India is strictly prohibited. This includes, but is not limited to: 

- Narcotics, illegal drugs, controlled substances (as defined by the Narcotic Drugs and Psychotropic Substances Act, 1985), steroids, and related paraphernalia.

- Items used to produce illegal substances or encourage illegal activity. 

- Counterfeit currency, coins, stamps, or government documents/IDs. 

- Stolen property or goods obtained through illegal means. 

- Lock-picking or locksmithing devices (unless sold to authorised professionals under specific conditions, if permitted by law and platform). 

- Any item or service primarily intended to facilitate or promote illegal acts. 

- Content or items that violate Rule 3(1)(b) of the IT Rules, 2021 and its rules, including but not limited to, information that is blatantly false and untrue, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy (including bodily privacy), insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India.

- Items or services facilitating or related to pre-natal sex determination, in violation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. 

- Human organs, remains, or any products derived from the human body.

2.2. Counterfeit Goods and Intellectual Property Infringements: Listings for items that infringe upon the intellectual property rights (IPR) of brands, artists, inventors, or other rights holders are strictly prohibited. This includes, but is not limited to: 

- Counterfeit merchandise: Items bearing a trademark or logo identical to, or substantially indistinguishable from, a registered trademark, without authorisation (such as fake branded apparel, bags, watches, electronics). 

- Unauthorised replicas, counterfeit goods, or items infringing Protected Trade Dress. 

- Items violating copyright: Unauthorized copies (pirated versions) of software, video games, music, movies, television shows, books, photographs, or other copyrighted works. 

- Items violating patents or registered design rights. 

- Mod chips, devices, or services intended to circumvent copyright protection (which includes without limitation game consoles and software). 

Improper use of third-party trademarks, logos, or brand names in listings in a manner likely to cause confusion or imply false affiliation/endorsement. (Please refer to the Gajab.com Intellectual Property Policy for more details and reporting procedures).

2.3. Hazardous and Dangerous Materials: Items classified as hazardous or dangerous materials that are illegal to sell to consumers or cannot be safely and legally shipped via standard consumer shipping methods under applicable Indian laws that is including without limitation the Explosives Act, 1884; Environment Protection Act, 1986; relevant transport regulations) and carrier policies are prohibited. Examples include: 

- Explosives, fireworks, pyrotechnic devices, blasting caps. 

- Flammable gases, aerosols, liquids, or solids (except potentially small consumer quantities meeting strict safety/packaging standards, if explicitly permitted by Gajab.com and carriers). 

- Poisons, toxic substances, infectious biological materials. 

- Radioactive materials. 

- Corrosive chemicals or substances restricted for public sale. 

- Items containing mercury (unless explicitly permitted under regulations). 

- Damaged, defective, or recalled batteries, especially lithium-ion batteries. 

- Pesticides, herbicides, or insecticides requiring specific licences for sale or use, or those banned in India. 

- Electronic cigarettes (e-cigarettes), vapes, Electronic Nicotine Delivery Systems (ENDS), and any parts or accessories thereof, in line with the Prohibition of Electronic Cigarettes Act, 2019. 

- Airbags, refrigerant gases, or other hazardous automotive components. (Sellers are solely responsible for ensuring compliance with all safety, packaging, labelling, and shipping regulations for any permitted hazardous materials).

2.4. Weapons and Related Items: The listing and sale of firearms, ammunition, certain knives, explosives, and related accessories are strictly prohibited, in compliance with the Indian Arms Act, 1959, Arms Rules, 2016, and other laws. This includes, but is not limited to: 

- Firearms of any type (including without limitation handguns, rifles, shotguns), including parts/components, antique firearms (unless demonstrably deactivated and compliant with all laws), and air guns requiring licenses. 

- Ammunition (live or blank), bullets, cartridges, reloading components, gunpowder. 

- Explosives, grenades, blasting caps. 

- Stun guns, tasers, pepper spray, mace. 

- Knives primarily designed as weapons, such as switchblades, butterfly knives, push daggers, disguised knives, swords (unless clearly antique/collectible and compliant), or knives restricted by local laws. 

- Realistic imitation firearms, toy guns that can be easily mistaken for real weapons, or BB/pellet guns exceeding certain power limits or requiring licenses. 

- Silencers, high-capacity magazines, or certain other firearm accessories restricted by law.

2.5. Drugs, Drug Paraphernalia, and Regulated Medical Devices: Listing and sale of items in this category are strictly controlled by the Drugs and Cosmetics Act, 1940, NDPS Act, 1985, Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and related rules. Prohibited items include: 

- Illegal narcotics, controlled substances, psychotropic drugs. 

- Prescription-only medicines: Any drug listed under Schedules H, H1, X, requiring a valid prescription. (We strictly prohibit the sale of prescription drugs under any circumstances). 

- Certain Over-the-Counter (OTC) medicines: Any OTC drug not permitted for online sale under the Drugs and Cosmetics Rules, 1945. 

 Products making false, misleading, or unapproved therapeutic or health claims (violating Drugs and Magic Remedies Act). 

- Drug paraphernalia: Items primarily intended for making, using, or concealing illegal drugs. 

- Regulated medical devices that require a prescription, specific licence to sell, or administration by a qualified healthcare professional. 

- Expired drugs or medical devices. 

- Used medical devices or devices requiring registration/licensing under the Medical Devices Rules, 2017, unless the seller possesses and can demonstrate all necessary approvals and Gajab.com explicitly permits such listings under specific conditions. 

- Needles and syringes (unless clearly intended and marketed for legitimate, legal, non-prescription use like diabetic supplies, and sold by authorised sellers if permitted by Gajab.com).

2.6. Adult Content, Obscene Materials, and Related Items: Items and listings containing pornography, illegal obscenity, or content deemed inappropriately sexually suggestive or exploitative are strictly prohibited. This includes: 

- Materials depicting non-consensual sexual acts or promoting illegal sexual acts. 

- Content depicting or exploiting minors (Violation of POCSO Act, IT Act - Zero Tolerance). 

- Hardcore pornography or legally obscene materials as defined under Indian law (such as Section 196 of the Bharatiya Nyaya Sanhita, 2023, and Sections 67/67A of the IT Act, 2000). 

 Listings with lewd, vulgar, or grossly offensive language or imagery. 

- Items intended primarily for adult sexual use (such as sex toys, explicit fetish items) are completely prohibited.

2.7. Offensive and Controversial Materials: Items, listings, or content that promote, incite, or glorify hatred, violence, intolerance, or discrimination are strictly prohibited. This includes: 

- Materials promoting hate speech or discrimination based on race, ethnicity, caste, religion, nationality, gender, sexual orientation, disability, or other protected characteristics. 

- Items associated with known hate groups, terrorist organizations, or figures promoting such ideologies. 

- Items or content graphically depicting violence, death, crime scenes, or human suffering inappropriately or exploitatively (excluding potentially permissible historical, educational, or news content under strict guidelines). 

- Items related to major human tragedies, natural disasters, or sensitive historical events marketed insensitively or for exploitative commercial gain. 

- Content deemed grossly offensive, blasphemous, defamatory, or culturally insensitive under Indian law or reasonable community standards.

2.8. Government-Issued Items, Currency, and Financial Instruments: Listing and sale of most government-issued items, currency (as legal tender), and regulated financial products are prohibited. Examples include: 

- Real or counterfeit government IDs (Passports, Aadhaar, PAN, Voter ID, Driver's Licences), birth certificates, visas. 

- Official uniforms, badges, or insignia (unless clearly vintage/collectible and permitted by law and platform policy). 

- Current circulating currency (INR or foreign) sold for its monetary value (face value or exchange). 

- Counterfeit currency, coins, or stamps. 

- Stocks, bonds, securities, shares, debentures, Virtual Digital Assets (VDA), including cryptocurrencies, or other regulated financial instruments/investments. 

- Active credit cards, debit cards, stored value cards, or gift cards with redeemable monetary value (unless issued as part of an approved Company programme). 

- Items used to create fake documents or counterfeit currency. 

- Antiquities and Art Treasures as defined under the Antiquities and Art Treasures Act, 1972, unless sold in strict compliance with all provisions of the Act, including registration and licensing, and with explicit pre-approval from Gajab.com.

2.9. Animals and Wildlife Products: In compliance with the Wildlife Protection Act, 1972, CITES, and animal welfare principles: 

- Live animals of any kind (including pets, livestock, insects) are strictly prohibited. 

- Products made from or containing parts of endangered, threatened, or protected species listed under the Wildlife Protection Act or CITES appendices are strictly prohibited (such as Ivory, Shahtoosh, Tiger/Leopard parts, Rhino horn, Sea Turtle shells, certain corals, protected bird feathers/skins). 

 Items promoting animal cruelty or derived from illegal hunting/poaching. 

 Certain traps intended for regulated or protected wildlife.

2.10. Food and Beverage: Listing food and beverage items is permitted only if the Seller and the product strictly comply with all applicable Indian laws, primarily the Food Safety and Standards Act, 2008 (FSSAI) and its regulations. Sellers must: 

- Hold a valid and current FSSAI licence or registration appropriate for their business and provide proof upon request. 

 Ensure products are properly packaged, sealed, and labelled according to FSSAI/Legal Metrology rules (including ingredients, nutrition facts, veg/non-veg mark, FSSAI logo/licence no., expiry/best before date, manufacturer details, net quantity) and the FSSAI licence number must be displayed on the product listing page as required by FSSAI e-commerce guidelines. 

- Ensure products have reasonable remaining shelf life at time of shipping 

- Prohibit listing expired, unsafe, adulterated, misbranded, or recalled food/beverage items. 

- any specific food items not FSSAI compliant, and items with unapproved health claims.

- The sale of cigarettes, cigars, bidis, chewing tobacco, gutka, pan masala containing tobacco or nicotine, and other smoking or smokeless tobacco products is strictly prohibited in compliance with the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) and related regulations. 

- The sale of alcoholic beverages is strictly prohibited on the Platform, in adherence to varying state excise laws and FSSAI regulations.

2.11. Cosmetics: Listing cosmetic products is permitted only if the Seller and the product strictly comply with the Drugs and Cosmetics Act, 1940, and the Cosmetics Rules, 2020 (and amendments). Sellers must ensure: 

- Products are authentic, safe, and not expired or unreasonably close to expiry. 

- Products are properly packaged and sealed. 

 Labelling is fully compliant (incl. manufacturer/importer details, address, ingredients, net content, batch no., mfg/exp date, import licence no. if applicable and the Country of Origin clearly declared on the product and listing page, as per Legal Metrology (Packaged Commodities) Rules and Consumer Protection (E-commerce) Rules, 2020. 

- Counterfeit, adulterated, misbranded, or spurious cosmetics are prohibited. 

- Products do not contain prohibited ingredients or fail BIS standards (where applicable). 

- Products do not make misleading therapeutic claims. 

- Required manufacturing/import licences are held (proof may be requested).

2.12. Recalled Products: Products subject to recall by the manufacturer, distributor, or any government/regulatory authority due to safety concerns, defects, or non-compliance are strictly prohibited. Sellers must monitor recalls for their products and immediately remove affected listings.

2.13. Gambling and Lottery Items: Items associated with gambling, lotteries, raffles, or games of chance are strictly prohibited. Examples include: Lottery tickets, scratch cards, raffle entries, slot machines (unless non-functional antiques, if permitted), betting services, or devices facilitating gambling.

2.14. Services: The Gajab.com platform is primarily intended for the sale of physical goods. The listing and offering of services are generally prohibited, including (but not limited to) those categories mentioned in Section 2.1. in this Policy and others such as financial, legal, medical, escort/dating services, or services violating platform policies. 

2.15. Chance-Based Items / Mystery Boxes: Listings offering items where the specific contents are unknown to the Buyer prior to purchase (items sold based on chance) are strictly prohibited. This includes without limitation mystery boxes, grab bags, surprise boxes, loot boxes.

2.16. Duty to Disclose Recalls: The Seller shall notify the Company within 24 hours if any product listed on the Platform becomes the subject of a voluntary or mandatory recall by any regulatory authority or manufacturer.

3. CONSEQUENCES OF VIOLATING THIS POLICY

3.1. Violation of this Prohibited and Restricted Items Policy is considered a serious offense and a material breach of the Seller Agreement. 

3.2. Any such violation may result, at the Company's sole discretion, in one or more of the following enforcement actions: 

(a) Immediate removal or modification of the non-compliant listing(s) without prior notice. 

(b) Issuing a formal warning to the Seller. 

(c) Temporary or permanent suspension of the Seller's listing privileges or entire Account. 

(d) Forfeiture of Gajab.com fees associated with the prohibited listing(s). 

(e) Withholding of payouts associated with transactions involving prohibited items. 

(f) Reporting illegal items or activities discovered to appropriate law enforcement or regulatory authorities. 

(g) Any other actions permitted under the Seller Agreement, including termination and legal action. 

(h) Imposing liquidated damages or recovering losses incurred by the Company due to the Seller's violation, as may be specified in the Seller Agreement. 

(i) Taking any action required or permitted under the IT Rules, 2021, or other applicable laws to address unlawful information.

4. POLICY UPDATES

This Prohibited and Restricted Items Policy may be updated or modified by the Company from time to time, particularly to reflect changes in laws or regulations. Changes will be communicated and become effective 7 (seven) days from the date of notice, except for changes required by Law. It is the Seller's responsibility to regularly review this Policy and any communications regarding updates to ensure ongoing compliance. Continued use of the Platform after changes to the Policy become effective will constitute acceptance of the revised Policy.