Terms and Condition

Our Terms and Conditions 

Terms of User

The website www.thefabrima.com ("theFabrima.com") is operated by Fabrima Ventures Private Limited ("Fabrima" or "us" or "we" or "our"), having its registered office located at 95A Municipal Market, Outer Circle Connaught Place, Opp Nirulas Restaurant, New Delhi,- 110001, India. Please read the Terms of Use document carefully before using the TheFabrima.com website. By using the TheFabrima.com website, you signify your agreement to be bound by Fabrima's Terms of Use. Fabrima is data controller of personal information collected and processed through Fabrima Services. Details can be found here. As described in our Privacy Notice, we share information with Fabrima.com that are either subject to our Privacy Notice or follows practices at least as protective as those described in our Privacy Notice. We also share information with third-party service providers. For example, we use third-party service providers to fulfill orders for products or services, and to deliver products. For any further details on our security practices please read our Privacy Notice. For any queries or issues relating to TheFabrima.com, you can contact us by clicking __________________

 

Please read these terms carefully before using the TheFabrima.com website. By using the TheFabrima.com website, you signify your agreement to be bound by these terms.

In addition, when you use any current or future TheFabrima.com service (eg. Wish List or Marketplace) ("Fabrima Service"), you will also be subject to the terms, guidelines and conditions applicable to that Fabrima Service. ("Terms"). If these Terms of Use are inconsistent with such Terms, the Terms will control.

These "Terms of Use" 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.

·       Terms Relating to Your Use of TheFabrima.com

·       Notice and Procedure for Making Claims of Infringement

·       Notice and Procedure for Notifying TheFabrima.com of Objectionable Content

Terms Relating to Your Use of TheFabrima.com

1.     Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the (___________) area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your business purposes. TheFabrima.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

2.     Privacy

Please review our Privacy Notice (________________), which also governs your visit to TheFabrima.com, to understand our practices. The personal information/data provided to us by you during the course of usage of TheFabrima.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

 

3.     E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location.

4.     Access to TheFabrima.com

We will do our utmost to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

5.     Licence for website access

Subject to your compliance with these Terms of Use and payment of applicable fees, if any, Fabrima grants you a limited licence to access and make use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fabrima and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Fabrima and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TheFabrima.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Fabrima's or its affiliates' names or trademarks without the express written consent of Fabrima and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Fabrima and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of TheFabrima.com as long as the link does not portray Fabrima, TheFabrima.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TheFabrima.com logo or other proprietary graphic or trademark as part of the link without express written consent of Fabrima and / or its affiliates, as may be applicable.

6.     Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not TheFabrima.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

·       for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

·       to send, use or reuse any material that does not belong to you; or is illegal, is offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;.

·       to deceive or mislead the addressee about the origin of messages.

 

7.     Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content does / is not illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or otherwise injurious to third parties or relates to or promotes money laundering or gambling, or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way, or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or deceive or mislead the addressee about the origin of messages. In the event, a user fails to comply with the above. TheFabrima.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of TheFabrima.com violates these Terms of use and, or terminate your permission to access or use this website.

If you do post content or submit material, and unless we indicate otherwise you

 .      grant Fabrima and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

a.     Fabrima and its affiliates and sublicensees have the right to use the name that you submit in connection with such content if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Fabrima, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to TheFabrima.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable TheFabrima.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Fabrima and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

8.     Claims against Objectionable Content

You can refer to the product detail page on TheFabrima.com for checking any product details provided by the seller regarding the following:

·       the total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to you. To understand how to generate an invoice you can refer here.

·       mandatory notices and information provided by applicable laws, and the expiry date of the goods being offered for sale, where applicable; .

·       goods and services offered for sale including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage.

·       importer and the guarantees related to the authenticity or genuineness of the imported products; and.

·       guarantees or warranties applicable to such goods or services. Because TheFabrima.com lists millions of products for sale offered on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, TheFabrima.com operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, paedophillic or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or otherwise injurious to third parties or relates to or promotes money laundering or gambling, or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way, or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or deceives or misleads the addressee about the origin of messages (" Objectionable Content "), please notify us immediately by following our Notice for Objectionable Contents. Once this procedure has been followed, TheFabrima.com will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

9.     Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fabrima, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Fabrima and its affiliates and is protected by laws of India and international copyright and database rights laws. All software used on this website is the property of Fabrima , its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

You may not systematically extract/ or re-utilise parts of the contents of the website without Fabrima's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Fabrima's express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Fabrima's express written consent.

10.  Intellectual Property Claims

Fabrima respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice for Making Claims of Right Infringements.

11.  Trademarks

THEFABRIMA.COM, FABRIMA, AND THE FABRIMA LOGO, and other marks indicated on our website are trademarks or registered trademarks of Fabrima in India and/or other jurisdictions. TheFabrima.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Fabrima. Fabrima's trademarks and trade dress may not be used in connection with any product or service that is not Fabrima's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fabrima. All other trademarks not owned by Fabrima that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fabrima.

12.  Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of channel partners, independent business representatives and/or sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Fabrima nor shall Fabrima have any obligations or liabilities in respect of any transactions on the website.

13.  Indemnity and Release

You shall indemnify and hold harmless Fabrima and its respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Fabrima and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the channel partners, independent business representatives and/or sellers and specifically waive any claims or demands that you may have on this behalf under any statute, contract or otherwise.

 

14.  Children

Use of TheFabrima.com 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 TheFabrima.com only with the involvement of a parent or guardian.

15.  Other Businesses

Parties other than Fabrima may operate stores, provide services, or sell product lines on TheFabrima.com. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Fabrima does not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. You can tell when a third party is involved in your transactions, and we may share customer information related to those transactions with that third party. You should carefully review their privacy statements and other terms of use.

16.  Communications

When you visit TheFabrima.com, you are communicating with us electronically. You will be required to provide a valid phone number and valid email ID while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

17.  Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss irrespective of whether it is reasonably foreseeable to both you and us when you commenced using the website.

18.  Alteration of Service or Amendments to the Terms

We reserve the right to make changes to our website, policies, and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these terms is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these terms is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

19.  Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

20.  Waiver

If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

21.  Governing law and Jurisdiction

These terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at New Delhi.

22.  Our Details

This website is operated by Fabrima Ventures Private Limited.

23.  Customer Complaint Details

The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails which are sent back to the customers.

24.  Fabrima Software Terms

In addition to these Terms of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Fabrima Services (the "Fabrima Software").

25.  Sanctions and Export Policy

You may not use any Fabrima Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Fabrima Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Fabrima Software), technology and services.

Notice and Procedure for Making Claims of Right Infringements

If you believe that your rights are being infringed, you may fill out and submit the Notice Form (link). We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form, we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant Fabrima the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Fabrima for all claims brought by a third party against Fabrima arising out of or in connection with the submission of a Notice Form.

Notice Form:

If you believe that your rights are being violated by an item or information on the TheFabrima.com site, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF or registered post to the Grievance Officer:

Name: ______

e-mail PDF: grievance-officer@theFabrima.com

Subject Line: Claim of Infringement

or

Fabrima Ventures Pvt. Ltd.

95A Municipal Market,

Outer Circle Connaught Place,

Opp Nirulas Restaurant,

New Delhi,- 110001  

 

Notice Form

Re: www.TheFabrima.com

I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE] , state as follows:

1.     Contact information : (a) Your and/ or your company's name, address, telephone number and contact email address; (b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).

2.     Listing's Unique ID and Allegation of Infringed Right: (a) The listing's Unique ID number or detailed description of where the information that you claim is infringing your rights is located on the site; (b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this Unique ID. [REPEAT (2)(a-b) as necessary for multiple items, see example Notice Form here.]

3.     Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."

4.     Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."

5.     Sign the Notice Form.

 

Notice and Procedure for Notifying TheFabrima.com of Objectionable Content

If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined under Section 8 above, please notify us immediately by copying the Notice to TheFabrima.com of Objectionable Content below into your word processor program, completing it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF or registered post to the Grievance Officer:

Name: 

e-mail PDF: grievance-officer@theFabrima.com

Subject Line: Claim of Objectionable Content

or

Fabrima Ventures Pvt. Ltd.

95A Municipal Market,

Outer Circle Connaught Place,

Opp Nirulas Restaurant,

New Delhi,- 110001

Please note that this procedure is exclusively for notifying TheFabrima.com of Objectionable Content on or advertised for sale on the TheFabrima.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us.

Important Warning: Giving false, misleading or inaccurate information in the Notice to TheFabrima.com may result in civil and/ or criminal liability.

Notice to TheFabrima.com of Objectionable Content

In the matter of TheFabrima.com

I, [Please set out your full name] of [please give your postal address], [please set your occupation], says as follows:

1.     I refer to the website www.TheFabrima.com ("the website"). I make this statement in support of my giving TheFabrima.com notice that, via the website, it is causing or contributing to the publication of Objectionable Content.

2.     The Objectionable Content (delete whichever paragraph is not applicable): (a) appear in a product being sold by TheFabrima.com via the website entitled [please state the unique ID of the product]. The Objectionable Content appears on page [please state the page number(s) where you consider the words constitute Objectionable Content]. OR (b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the Objectionable Content appears]

3.     The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about]

4.     This content is Objectionable Content because [please state why you consider the content is Objectionable Content]

5.     I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.

 

Statement of Truth

I declare the facts stated above to be true.

Signed:

Dated:

 

 

Please read the terms of use carefully before using the TheFabrima.com website. By using the TheFabrima.com website, you signify your agreement to be bound by these terms.

Fabrima Software Terms

1.     Use of the Fabrima Software

You may use Fabrima Software solely for purposes of enabling you to use and enjoy the Fabrima Services as provided by Fabrima, and as permitted by the Terms of Use, these Fabrima Software Terms and any Terms. You may not incorporate any portion of the Fabrima Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Fabrima Software or otherwise assign any rights to the Fabrima Software in whole or in part. You may not use the Fabrima Software for any illegal purpose. We may cease providing any Fabrima Software and we may terminate your right to use any Fabrima Software at any time. Your rights to use the Fabrima Software will automatically terminate without notice from us if you fail to comply with any of these Fabrima Software Terms, the Terms of Use or any other Terms. Additional third-party terms contained within or distributed with certain Fabrima Software that are specifically identified in related documentation may apply to that Fabrima Software (or software incorporated with the Fabrima Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any Fabrima Service is the property of Fabrima or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

2.     Use of Third-Party Services

When you use the Fabrima Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

3.     No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Fabrima Software, whether in whole or in part, or create any derivative works from or of the Fabrima Software.

4.     Updates

In order to keep the Fabrima Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

 =====================================================================================================

Terms of Use CP ( Channel Partners)

The website www.thefabrima.com ("theFabrima.com") is operated by Fabrima Ventures Private Limited ("Fabrima" or "us" or "we" or "our"), having its registered office located at 95A Municipal Market, Outer Circle Connaught Place, Opp Nirulas Restaurant, New Delhi,- 110001, India. Please read the Terms of Use document carefully before using the TheFabrima.com website. By using the TheFabrima.com website, you signify your agreement to be bound by Fabrima's Terms of Use. Fabrima is data controller of personal information collected and processed through Fabrima Services. Details can be found here. As described in our Privacy Notice, we share information with Fabrima.com that are either subject to our Privacy Notice or follows practices at least as protective as those described in our Privacy Notice. We also share information with third-party service providers. For example, we use third-party service providers to fulfill orders for products or services, and to deliver products. For any further details on our security practices please read our Privacy Notice. For any queries or issues relating to TheFabrima.com, you can contact us by clicking __________________

 

Please read these terms carefully before using the TheFabrima.com website. By using the TheFabrima.com website, you signify your agreement to be bound by these terms.

In addition, when you use any current or future TheFabrima.com service (eg. Wish List or Marketplace) ("Fabrima Service"), you will also be subject to the terms, guidelines and conditions applicable to that Fabrima Service. ("Terms"). If these Terms of Use are inconsistent with such Terms, the Terms will control.

These "Terms of Use" 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.

·       Terms Relating to Your Use of TheFabrima.com

·       Notice and Procedure for Making Claims of Infringement

·       Notice and Procedure for Notifying TheFabrima.com of Objectionable Content

Terms Relating to Your Use of TheFabrima.com

1.     Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the (___________) area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your business purposes. TheFabrima.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

2.     Privacy

Please review our Privacy Notice (________________), which also governs your visit to TheFabrima.com, to understand our practices. The personal information/data provided to us by you during the course of usage of TheFabrima.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

 

3.     E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location.

4.     Access to TheFabrima.com

We will do our utmost to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

5.     Licence for website access

Subject to your compliance with these Terms of Use and payment of applicable fees, if any, Fabrima grants you a limited licence to access and make use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fabrima and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Fabrima and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TheFabrima.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Fabrima's or its affiliates' names or trademarks without the express written consent of Fabrima and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Fabrima and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of TheFabrima.com as long as the link does not portray Fabrima, TheFabrima.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TheFabrima.com logo or other proprietary graphic or trademark as part of the link without express written consent of Fabrima and / or its affiliates, as may be applicable.

6.     Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not TheFabrima.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

·       for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

·       to send, use or reuse any material that does not belong to you; or is illegal, is offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;.

·       to deceive or mislead the addressee about the origin of messages.

 

7.     Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content does / is not illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or otherwise injurious to third parties or relates to or promotes money laundering or gambling, or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way, or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or deceive or mislead the addressee about the origin of messages. In the event, a user fails to comply with the above. TheFabrima.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of TheFabrima.com violates these Terms of use and, or terminate your permission to access or use this website.

If you do post content or submit material, and unless we indicate otherwise you

 .      grant Fabrima and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

a.     Fabrima and its affiliates and sublicensees have the right to use the name that you submit in connection with such content if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Fabrima, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to TheFabrima.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable TheFabrima.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Fabrima and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

8.     Claims against Objectionable Content

You can refer to the product detail page on TheFabrima.com for checking any product details provided by the seller regarding the following:

·       the total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to you. To understand how to generate an invoice you can refer here.

·       mandatory notices and information provided by applicable laws, and the expiry date of the goods being offered for sale, where applicable; .

·       goods and services offered for sale including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage.

·       importer and the guarantees related to the authenticity or genuineness of the imported products; and.

·       guarantees or warranties applicable to such goods or services. Because TheFabrima.com lists millions of products for sale offered on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, TheFabrima.com operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, paedophillic or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or otherwise injurious to third parties or relates to or promotes money laundering or gambling, or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way, or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or deceives or misleads the addressee about the origin of messages (" Objectionable Content "), please notify us immediately by following our Notice for Objectionable Contents. Once this procedure has been followed, TheFabrima.com will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

9.     Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fabrima, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Fabrima and its affiliates and is protected by laws of India and international copyright and database rights laws. All software used on this website is the property of Fabrima , its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

You may not systematically extract/ or re-utilise parts of the contents of the website without Fabrima's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Fabrima's express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Fabrima's express written consent.

10.  Intellectual Property Claims

Fabrima respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice for Making Claims of Right Infringements.

11.  Trademarks

THEFABRIMA.COM, FABRIMA, AND THE FABRIMA LOGO, and other marks indicated on our website are trademarks or registered trademarks of Fabrima in India and/or other jurisdictions. TheFabrima.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Fabrima. Fabrima's trademarks and trade dress may not be used in connection with any product or service that is not Fabrima's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fabrima. All other trademarks not owned by Fabrima that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fabrima.

12.  Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of channel partners, independent business representatives and/or sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Fabrima nor shall Fabrima have any obligations or liabilities in respect of any transactions on the website.

13.  Indemnity and Release

You shall indemnify and hold harmless Fabrima and its respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Fabrima and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the channel partners, independent business representatives and/or sellers and specifically waive any claims or demands that you may have on this behalf under any statute, contract or otherwise.

 

14.  Children

Use of TheFabrima.com 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 TheFabrima.com only with the involvement of a parent or guardian.

15.  Other Businesses

Parties other than Fabrima may operate stores, provide services, or sell product lines on TheFabrima.com. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Fabrima does not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. You can tell when a third party is involved in your transactions, and we may share customer information related to those transactions with that third party. You should carefully review their privacy statements and other terms of use.

16.  Communications

When you visit TheFabrima.com, you are communicating with us electronically. You will be required to provide a valid phone number and valid email ID while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

17.  Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss irrespective of whether it is reasonably foreseeable to both you and us when you commenced using the website.

18.  Alteration of Service or Amendments to the Terms

We reserve the right to make changes to our website, policies, and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these terms is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these terms is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

19.  Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

20.  Waiver

If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

21.  Governing law and Jurisdiction

These terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at New Delhi.

22.  Our Details

This website is operated by Fabrima Ventures Private Limited.

For more information click here: ________

23.  Customer Complaint Details

The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails which are sent back to the customers.

24.  Fabrima Software Terms

In addition to these Terms of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Fabrima Services (the "Fabrima Software").

25.  Sanctions and Export Policy

You may not use any Fabrima Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Fabrima Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Fabrima Software), technology and services.

Notice and Procedure for Making Claims of Right Infringements

If you believe that your rights are being infringed, you may fill out and submit the Notice Form (link). We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form, we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant Fabrima the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Fabrima for all claims brought by a third party against Fabrima arising out of or in connection with the submission of a Notice Form.

Notice Form:

If you believe that your rights are being violated by an item or information on the TheFabrima.com site, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF or registered post to the Grievance Officer:

Name: ______

e-mail PDF: grievance-officer@theFabrima.com

Subject Line: Claim of Infringement

or

Fabrima Ventures Pvt. Ltd.

95A Municipal Market,

Outer Circle Connaught Place,

Opp Nirulas Restaurant,

New Delhi,- 110001  

 

Notice Form

Re: www.TheFabrima.com

I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE] , state as follows:

1.     Contact information : (a) Your and/ or your company's name, address, telephone number and contact email address; (b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).

2.     Listing's Unique ID and Allegation of Infringed Right: (a) The listing's Unique ID number or detailed description of where the information that you claim is infringing your rights is located on the site; (b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this Unique ID. [REPEAT (2)(a-b) as necessary for multiple items, see example Notice Form here.]

3.     Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."

4.     Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."

5.     Sign the Notice Form.

 

Notice and Procedure for Notifying TheFabrima.com of Objectionable Content

If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined under Section 8 above, please notify us immediately by copying the Notice to TheFabrima.com of Objectionable Content below into your word processor program, completing it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF or registered post to the Grievance Officer:

Name: 

e-mail PDF: grievance-officer@theFabrima.com

Subject Line: Claim of Objectionable Content

or

Fabrima Ventures Pvt. Ltd.

95A Municipal Market,

Outer Circle Connaught Place,

Opp Nirulas Restaurant,

New Delhi,- 110001

Please note that this procedure is exclusively for notifying TheFabrima.com of Objectionable Content on or advertised for sale on the TheFabrima.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us.

Important Warning: Giving false, misleading or inaccurate information in the Notice to TheFabrima.com may result in civil and/ or criminal liability.

Notice to TheFabrima.com of Objectionable Content

In the matter of TheFabrima.com

I, [Please set out your full name] of [please give your postal address], [please set your occupation], says as follows:

1.     I refer to the website www.TheFabrima.com ("the website"). I make this statement in support of my giving TheFabrima.com notice that, via the website, it is causing or contributing to the publication of Objectionable Content.

2.     The Objectionable Content (delete whichever paragraph is not applicable): (a) appear in a product being sold by TheFabrima.com via the website entitled [please state the unique ID of the product]. The Objectionable Content appears on page [please state the page number(s) where you consider the words constitute Objectionable Content]. OR (b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the Objectionable Content appears]

3.     The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about]

4.     This content is Objectionable Content because [please state why you consider the content is Objectionable Content]

5.     I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.

 

Statement of Truth

I declare the facts stated above to be true.

Signed:

Dated:

 

 

Please read the terms of use carefully before using the TheFabrima.com website. By using the TheFabrima.com website, you signify your agreement to be bound by these terms.

 

Fabrima Software Terms

1.     Use of the Fabrima Software

You may use Fabrima Software solely for purposes of enabling you to use and enjoy the Fabrima Services as provided by Fabrima, and as permitted by the Terms of Use, these Fabrima Software Terms and any Terms. You may not incorporate any portion of the Fabrima Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Fabrima Software or otherwise assign any rights to the Fabrima Software in whole or in part. You may not use the Fabrima Software for any illegal purpose. We may cease providing any Fabrima Software and we may terminate your right to use any Fabrima Software at any time. Your rights to use the Fabrima Software will automatically terminate without notice from us if you fail to comply with any of these Fabrima Software Terms, the Terms of Use or any other Terms. Additional third-party terms contained within or distributed with certain Fabrima Software that are specifically identified in related documentation may apply to that Fabrima Software (or software incorporated with the Fabrima Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any Fabrima Service is the property of Fabrima or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

2.     Use of Third-Party Services

When you use the Fabrima Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

3.     No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Fabrima Software, whether in whole or in part, or create any derivative works from or of the Fabrima Software.

4.     Updates

In order to keep the Fabrima Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

 

 

ADDITIONAL TERMS FOR CHANNEL PARTNERS:

In addition to these Terms of Use, Channel Partners are bound by the terms outlined in their individual Channel Partner Agreement signed with Fabrima E-Marketplace. The Channel Partner Agreement specifies additional rights, responsibilities, and conditions for the use of the platform, including but not limited to sales targets, IBR management, confidentiality, and intellectual property usage.

Where there is a conflict between these Terms of Use and the Channel Partner Agreement, the provisions of the Channel Partner Agreement will take precedence. Channel Partners are advised to refer to their individual agreements for specific terms relating to their business conduct, territory management, and commission structures.

Any violation of the Channel Partner Agreement may result in suspension or termination of access to the Fabrima platform, along with any other remedies provided for under the Agreement.

TheFabrima.com – IBR Terms & Conditions
These Terms & Conditions outline the eligibility, responsibilities, code of conduct, and operational guidelines for individuals registering as Independent Business Representatives (IBRs) of TheFabrima.com. By registering as an IBR, the individual agrees to comply fully with all the terms stated below.

1. Eligibility Criteria
  • The applicant must be 18 years of age or older as per the Indian Majority Act, 1875.
  • The applicant must hold valid government-issued identification proof (e.g., Aadhaar Card, PAN Card, Voter ID). Passport (if available) is preferred.
  • Must provide valid residential proof, both local and permanent, such as Rent Agreement, Aadhaar Card, Passport, or Utility Bills.
  • For foreign nationals, valid work authorization and visa status must be provided as per Indian law.
  • Must have successfully completed Secondary School Certificate (SSC/10th grade) and possess basic computer literacy.
  • Must complete mandatory training and receive IBR Certification from Fabrima.

2. Responsibilities & Code of Conduct
  • IBRs must strictly adhere to Fabrima’s policies, guidelines, and standard operating procedures (SOPs) at all times.
  • IBRs must represent Fabrima products and services truthfully and authentically to all Buyers.
  • Usage of misleading tactics, coercion, or fraudulent behavior to generate business is strictly prohibited.
  • IBRs must meet all legal and internal compliance criteria, including those covered under the IBR Certification Programme.
  • Any violation of data privacy will result in immediate termination and legal consequences under the IT Act, 2000.
  • Promotion of competitor brands under Fabrima's name is not allowed.
  • IBRs must work exclusively in line with Fabrima’s vision for Customer Satisfaction, Market Expansion, Technological Growth, and Sustainability.
  • IBRs must ensure safety protocols for all products and services as per company standards.

3. Professional Ethics & Behavior
  • Discrimination based on gender, caste, religion, race, disability, or financial status is strictly prohibited as per the Constitution of India and company ethics.
  • All 12 core Fabrima services must be presented and explained authentically to the Buyer.
  • IBRs must follow the complete Order Cycle process without fail.
  • No unauthorized promotional activities are permitted without prior written approval from Fabrima.
  • Communication protocols provided during training must be followed diligently.
  • Buyer onboarding SOPs must be executed professionally and ethically.
  • IBRs must conduct follow-ups with Buyers to maintain recurring business opportunities.

4. Prohibitions & Restrictions
  • No profit-sharing models with Buyers are permitted.
  • Cross-selling to clients of other IBRs is strictly prohibited.
  • Login credentials must not be shared under any circumstances. All visits are selfie-based and geo-tagged.
  • IBRs must not accept or deal in cash transactions. All transactions should be digital and traceable.
  • Any form of malpractice – physical, verbal, emotional – to influence Buyer registration is banned.
  • 30-day cooling-off period may apply, solely at Fabrima’s discretion, on a case-to-case basis.
  • No promotion or listing of TheFabrima.com on third-party marketplaces such as Amazon, Flipkart, IndiaMART, etc., is allowed.
  • All Buyer registrations must be done via the official TheFabrima.com portal only.
  • Commission payments will be processed only to the IBR’s registered bank account after successful verification and completion of the sale.

5. General Clauses
  • Fabrima reserves the right to modify or amend these Terms & Conditions at any time without prior notice.
  • The IBR agrees to abide by all applicable Indian laws, including but not limited to the Information Technology Act, 2000Consumer Protection Act, 2019, and Contract Act, 1872.
  • Any disputes arising shall be subject to jurisdiction of Delhi courts only.