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.