Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Platform. If you are a minor i.e., under the age of 18 years, you shall not be able to register yourself as a user of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on Platform, such use or transaction may be made by your legal guardian or parents who shall be registered on the Platform. Fabritizer reserves the right to terminate your membership / registration and / or refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are under the age of 18 years and/or are incompetent to contract as provided under the Indian Contract Act, 1872
SCOPE AND BACKGROUND
This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder as applicable and the amended from time to time, pertaining to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Fabritizer permits the user to surf the Platform and/or making purchases through Platform.
Your Account and Registration Obligations
When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and further you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Charges / Fees
Membership / creation of an Account on the Platform is free as Fabritizer does not charge any fee for browsing on the Platform and registration. In particular, Fabritizer may at its sole discretion can introduce new product(s) or service(s) and modify some or all of the existing products offered on the Platform. In such an event Fabritizer reserves the right to introduce fees for the new product(s) or service(s) offered or amend/introduce fees/prices for existing products, in its sole discretion. Fabritizer reserves the right to change its fees/prices from time to time. Changes to the fees/prices shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees/prices shall be quoted in Indian Rupees (INR). You shall be solely responsible for compliance of all applicable laws including those in India while making payments to Fabritizer.
Use of the Platform
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you are not authorized to
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilia, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- is offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
- interferes with another user's use and enjoyment of the Platform or any other individual's user and enjoyment of similar services;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the offers on or through the Platform, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
- You shall not make any false, negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish the image or reputation of Fabritizer or otherwise tarnish or dilute any Fabritizer trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Fabritizer' systems or networks, or any systems or networks connected to Fabritizer.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal send to us on or through the Platform or any service offered on or through the Platform. You shall not pretend that you are, or impersonate any other individual or entity.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related product(s), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be held responsible or liable in any scenario whatsoever, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
- It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain your personal information due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized users and usage of Platform, but by using the Platform you acknowledge and agree that we shall not be held responsible for the use of any personal information by any third-party, that is publicly disclosed or shared by you with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
- Fabritizer shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Customer Agreement for our Products
c) Your right to use our Platform will be solely at the discretion of Fabritizer.
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules", and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011, as amended from time to time (the "IG Rules").
(a) Effective Date
(b)Alteration to Policies
(c)Intellectual Property Rights
All contents on the Platform are protected by way of copyright, trademark and/or other intellectual property laws. Any unauthorized use of such intellectual property or information on the Platform will be considered as infringement/piracy of Fabritizer’s intellectual property rights. From the logos of Fabritizer to the graphics, designs, icons of buttons, scripts, service names or even page headers for that matter, from the trademarks and trade outfits of Fabritizer to domain names or email addresses are all property of Fabritizer. Thus, such property on the Platform should not form part of the trademark or as part of domain names or mail addresses unless and other wise expressly and explicitly stated and authorized by Fabritizer. Further, they cannot be linked to any merchandize, item or service which is likely to lead to ambiguity in the customer’s mind. Above all, Fabritizer does not consent to or bestow any rights or license of any kind to you under any copyrights, patents, trademarks, trade secrets or any other intellectual property rights unless unequivocally and explicitly stated by Fabritizer in writing.
(d)Membership and Access Bound by Local Restrictions
You undertake that all registration information tendered by you is truthful and authentic. Fabritizer reserves its discretion to refuse access to or use of the Platform to any individual and even change the eligibility criteria at any time. This provision would be deemed invalid wherever it's forbidden by law and the right to access the Platform would of age. In these cases it is deemed that the adult in question takes responsibility for the operations of the minor on the Platform.
The Platform and all information and usage confined to it are not directed at or meant for use by individuals residing in or located in any zone where: a) The distribution of such information or operations there in is in contradiction to the prevalent laws in that region. b) Such distribution is forbidden without Fabritizer obtaining the necessary licenses or permissions and these have not been availed of by Fabritizer. It's deemed that you consent to and will abide by all the laws concerning online content and proved and established as honourable and acceptable content.
(f)Limited License and Restrictions of User
You are allowed a non-exclusive, limited, revocable, non-transferable license to view, reserve, bookmark, download and print the pages within this Platform exclusively and only for your, informational, personal and non-commercial use.
You are allowed to print pages and sections of the Platform only for your personal and non-commercial use. However, such print outs must retain any markings indicating Fabritizer copyright over such material or other rightful notices.
Fabritizer awards to you limited, revocable, non-transferable rights to look at, to save, to book mark, down load or print pages within the Platform for your personal, educational and non-commercial or non-profit making use as expressly authorized by Fabritizer in writing.
- Loan out, ration or part with, publish or even republish, reproduce or divulge, transmit, present, sell, distribute or lease any part of the Platform or any data for that matter to a third party. The Platform cannot also be used as a ground for a directory or a database created for business reasons.
- Eliminate any watermark, copyright, trademark or other rightful communications on the Platform or on any material thereof.
- Reverse engineer, disassemble, decompile, decode, defragment any software used in furnishing, storing, admitting, serving or even assessing or surveying the Platform.
- Reach out to, download, manipulate information or databases, transfer data that encompasses the Platform or parts of it using the conventions or interfaces other than those furnished by Fabritizer as part of the Platform.
- Employ any bunch of labour or outsourced work force to operate on the Platform in any manner. Employ any automated modes to contact users via the Platform.
- Connect with users by means outside of the Platform.
- Attempt to assert any sort of ownership right over the Platform or any element thereof or do any such act that challenges Fabritizer’s exclusive ownership over the Platform.
- Commit any act that constitutes a breach of any privacy or data security laws.
Furthermore, you concede to the following:
- Not to subvert, intrude, break or abuse the Platform or any of the services, system resources, accounts, servers and networks that come connected to the Platform or can be linked via the Platform. Under no circumstances will you disturb or intrude in the affairs of any user or his engaging interests in the Platform or affiliated or linked Platforms.
- Not to deliver on to the Platform or otherwise transmit via the Platform any kind of virus, spam or malware or harmful files.
- Not to exercise any sort of framing systems to snatch any of the trademarks, logos or content or other rightful data and content including images, layouts and designs of the Platform.
- Not to utilize any hidden text or tags when you use Fabritizer’s name, product or trademark among more.
- Not to utilize any false personification on the Platform.
- Not to gather or stock private information of others gotten via the Platform without their prior consent.
- Not to try and gain access in parts of the Platform which is restricted to general users.
- Not to indulge in any kind of activity that could bring in an excessive and incommensurate large bulk of heaviness to the Platform's infrastructure.
- Not to place any kind of data that is falsely represented or could be defamatory, not correct, vulgar, abusive, profane, sexual, intimidating, dangerous or intrusive upon the privacy of an individual or in breach of any relevant laws.
- Not to place any data that could be in breach of another individual's intellectual property rights.
- To be in sync with all relevant laws that have to do with your use of or activities in connection with the Platform.
- To be responsible for the images, description and any content uploaded by you on the Platform and not to infringe the copyrights or intellectual property rights of others. Fabritizer takes no responsibility of any content or part thereof uploaded by you on the Platform.
- In the event your infringement of the copyrights or intellectual property rights of others comes to Fabritizer’s notice, your account with Fabritizer’s would be terminated for good.
- To the extent that is required for the purpose of a transaction, a buyer could obtain private information as in email address and shipping data. However, this private data can be used only to aid in the specific transaction or project agreement and nothing else.
(g)Management of Reputation and Appraisal Functions
The Platform provides for services to its users, functions of the likes of management of reputation and appraisals, surveys, blogs, glossary of terms and a presence on social media sites - all of which could be collectively called the 'Boards'. Fabritizer is not in any manner responsible for the material put up on such 'Boards'.
If any such committees, boards, panels, groups are established, Fabritizer would merely be administering the matter on the boards and support access to such boards to be of assistance to you. It does not take responsibility for any matter posted on any of the boards.
Besides, these boards can be used only in a non-commercial manner. Further by using such boards, you are in concurrence with the fact that you agree not to put up on the Platform or publish any material that is to the best of your knowledge, libellous, defamatory, obscene, abusive, pornographic, not correct, threatening or; are in contravention of intellectual property rights including but not restricted to copyrights or trademarks of any individual or entity; material that is illegal in any way or advocates illegal activity under any applicable law.
Further you agree that you will not post any advertisement or any promotional material or material that asks for funds, goods or services - unless you have gotten the exclusive permission and rights to do so.
Again, any communication posted by you impersonating another or information that may be very personal in nature as in personal phone numbers, account numbers, personal addresses, employer references or letters of chain or serial communication
whatsoever. will strictly be not entertained in any scenario whatsoever.
It will be deemed that you are in agreement with the fact that you will indemnify Fabritizer for any allegations, suits or claims of any sort that may be brought about by your posting such material on any such boards.
Fabritizer reserves the right to screen and delete any postings deemed not in keeping with its policies or constitution. At the same time Fabritizer bears no obligation to screen any material in the boards or remove any particular material. Fabritizer does not take any responsibility for the matter which is posted on the boards nor justifies the accuracy of such matter by any third party.
(h) No Guarantee/Warranty
There may be a multitude of factors due to which the services of the Platform could get disrupted any time. Fabritizer does not in any manner guarantee uninterrupted and continuous admission to the site for reasons beyond the control of Fabritizer.
All content and data online that is on the Platform have been garnered by Fabritizer from what's believed to be reliable and authorized sources. The matter has been furnished on an 'As is where is' basis.
Fabritizer does not in any way provide for any warranty concerning the content and material on the Platform. This includes without reservation the warranty to title, non-violation, commerciality or fitness for any reason. Fabritizer does not in any way warrant the information or outcome of the use of the Platform, or that the Platform is virus-free or error-free. Fabritizer has no obligation to audit, validate or otherwise verify any information contained in the Platform.
Neither responsibility nor liability, in any scenario whatsoever will be taken by Fabritizer for any damages that may be caused to your equipment or any other property, by your accessing or using our Platform.
Given that Fabritizer may be accessible by hyperlink or may provide hyperlinks to other sites. The Platform disclaims all damages for the nature of content of such sites that are accessible from Fabritizer or those that link to Fabritizer.
Further to this again, the linked sites are not in any manner coming under the purview of Fabritizer and hence the Platform shall not carry any responsibility for the content of any linked site or any link for that matter, contained in a linked site. Nor will it carry responsibility for any review, amendments, updates or modifications to such sites.
Also, inserting a link / link present in the Platform does not mean that Fabritizer has given any kind of affiliation, endorsement or even adoption of a linked site or any data that may comprise the site.
(K) Electronic Communication (E-mail, World Wide Web, Calls)
The World Wide Web (“www”) that rests on the internet is a globally and in fact universally accessible vehicle. Electronic mail messaging is therefore vulnerable to lack of confidentiality with no security to boot. They can be viewed by any number of people; they could be lost, intercepted or even changed.
Emails often get across national borders even when both sender and receivers are within the same country. It is therefore advised that you restrict all your communication to secure channels, if such a channel is provided to you by Fabritizer.
Information that qualifies as personal, confidential or account related information should not be transmitted using ordinary mail and the contact/communication should only be through Fabritizer emails/calls as already mentioned.
Fabritizer shall not be responsible and liable for any conversation outside the pre-defined communication channels.
(l) Governing Law and Jurisdiction
(m) Limitation of Liability
To the maximum extent as permitted by law, under no circumstances will either Fabritizer or any of its directors, employees, agents, suppliers or associates in collaboration with it take responsibility or bear any liability whatsoever to any person for any direct or indirect loss, liability, cost or damages of any kind. Be it under contract or Tort including carelessness or otherwise that may be resultant of using all or parts of the Platform. Regardless of this, just in case Fabritizer is found to be liable, then the responsibility of Fabritizer and as the case may be that of Fabritizer' subsidiaries, directors, officers, employees, suppliers, consultants and other associates towards you is limited to the maximum of prices/fees that you had paid to Fabritizer towards the purchase of Products.
(o) Conflict with Additional Terms
(q) Choice of Law and Venue
Disputes of any sort will be subject to the exclusive jurisdiction of the courts situated within New Delhi and the user hereby will have to comply with the jurisdiction of the courts of Delhi.
(r) Severability Clause
Fabritizer and you are independent entities and it is deemed that no sort of partnership, agency, joint venture, employer-employee, franchisor-franchisee relationship is in any way created or mediated through the Term of Use.
Fabritizer may assign this agreement by giving you prior notification. No waiver on Fabritizer' part shall be deemed to be a waiver of any earlier or subsequent default here under. It is deemed that the following sections go beyond any termination or expiration of the Term of Use and shall continue to be enforceable: License to Fabritizer, no warranty, limitation of liability, release, indemnity, applicable law and dispute resolution, and all general clauses.
(t) Contact Information:
Email Id: email@example.com
Phone: +91 9311864223
Contact Days and Time: Monday to Friday 10-5 pm
(u) Account Deletion:
To delete your account from our Platform you shall email us with your registered id on firstname.lastname@example.org