Terms of Service

Last updated: 2020-09-09

 

1. Introduction

 

Welcome to www.faboolus.com.

 

The domain name www.faboolus.com, including the related mobile website and mobile application as well as the portal (hereinafter referred to as (“Company”, “we”, “our”, “us”, “www.faboolus.com”, “faboolus.com”, “Faboolus.com”, “Website”) is owned and operated by M/s Intense Technologies Limited (henceforth referred to as “ITL”), a company incorporated under the Companies Act, 1956, with its registered office at A1, Vikrampuri, Secunderabad, Telengana, 500009, India.

 

This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of www.faboolus.com marketplace website -

 

For the purpose of the Terms of Service (hereinafter referred to as “Terms of Service”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person or legal entity who has agreed to become a user, affiliate or merchant on the Website by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a merchant, a affiliate, a buyer, and any visitor on the Website. The word “party” would mean either faboolus.com, a merchant, a affiliate, a buyer, and any visitor on the Website and “parties” would collectively imply faboolus.com and merchant.

 

Your use of the Website and the features therein is governed by the following terms and conditions including applicable policies available on the Website, notifications and communications sent to you on the Website which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website you shall be contracting with Faboolus.com, and these terms and conditions including the policies constitute your binding obligations to www.faboolus.com.

 

When you use any current or future services provided by us through the Website you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the Terms of Service and considered a part and parcel of the Terms of Service. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms of Service at any time. We will notify you through any of the communication modes as mentioned in this Terms of Service in case of any changes or updates to the Terms of Service that materially impact your use of the Website.  Your continued use of the Website following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the Terms of Service, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

 

ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TERMS OF SERVICE. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the Terms of Service, you also accept and agree to be bound by all of www.faboolus.com policies applicable to you and displayed on Website as amended, from time to time.

 

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

 

Your agreement with us includes these Terms, Return and Cancellation policy, Disclaimer, Merchant Agreement (In case you are merchant) and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

 

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@faboolus.com so we can try to find a solution. These Terms apply to all visitors, users, merchants and others who wish to access or use Service through website.

 

2. Your Account and Registration Obligations

 

In the course of your use of the Website, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Terms of Service, we shall have the right to suspend or terminate your account on the Website or indefinitely block you from accessing the Website

 

3. Communications

 

The website is a website that user utilizes to meet and interact with one another for transactions. Faboolus.com is not and cannot be party to or control in any manner any transactions between website users

 

All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Faboolus.com does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. This is a Website that users utilize to independently meet and interact with one another for their transactions. Faboolus.com is not and cannot be a party to any transaction or dispute between users on the Website.

 

When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

 

www.faboolus.com does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website.

 

www.faboolus.com does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard.

 

www.faboolus.com is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants. Faboolus.com cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Website.

 

At no time shall Faboolus.com hold any right, title or interest over the products nor shall faboolus.com have any obligations or liabilities in respect of such contract entered into between Buyers and Merchants.

 

Faboolus.com does not at any point in time during a transaction between you and a buyer on the Website come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.

 

Faboolus.com is only a website that can be utilized by Users to reach a larger base to buy and sell products or services. Faboolus.com is only providing a website, technology and website design for order processing capabilities, customer service capabilities, fulfillment capabilities, invoicing and payment management, communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. At no time shall faboolus.com hold any right, title or interest over the products nor shall faboolus.com have any obligations or liabilities in respect of such contract. Faboolus.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

Pricing on any product(s) as is reflected on the website may due to some technical issue, typographical error or product information published by merchant may be incorrectly reflected and in such an event merchant may cancel such your order(s).

 

You release and indemnify faboolus.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the faboolus.com and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, faboolus.com cannot take responsibility or control the information provided by other Users which is made available on the Website.

 

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@faboolus.com.  

 

4. Use of the Website

 

You agree and understand that Faboolus.com and the Website merely provide hosting services to its registered users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Faboolus.com shall bear no responsibility or liability in relation to or arising out of third party user generated content. Faboolus.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission.  Faboolus.com is merely an intermediary and does not interfere in the transaction between buyers and merchants.

 

• You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

 

• Throughout the Terms of Service, Faboolus.com’s prior written consent means a communication coming from Faboolus.com’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;

 

• You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

 

1. belongs to another person and over which you have no right;
2. is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the law of India;
3. is false, inaccurate  or misleading in any way;
4. is patently 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;
5. harasses or advocates harassment of another person;
6. involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
7. promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
8. 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];
9. promotes an illegal or unauthorized copy of another person's copyrighted work (see “Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
10. contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
13. contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
15. engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent.
16. solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
17. interferes with another’s use and enjoyment of the Website;
18. refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of Terms of Service;
19. harms minors in any way;
20. infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
21. violates any law for the time being in force;
22. deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
23. impersonates another person;
24. contains software viruses or any other computer codes, 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;
25. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
26. shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;
27. shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

 

• You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content or in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.

 

• You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.

 

• You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by you) or to its source or exploit the Website, any service, information made available, or offered by or through the Website 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) provided by the Website.

 

• You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Faboolus.com, or otherwise engage in any conduct or action that might tarnish the image or reputation of Faboolus.com or merchants on the Website or otherwise tarnish or dilute any Faboolus.com trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or 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 Website or Faboolus.com’s systems, networks, or any systems or networks connected to Faboolus.com.

 

• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
• You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website. You may not pretend that you are or represent someone else or impersonate any other individual or entity.

 

• You may not use the Website or any content for any purpose that is unlawful or prohibited by the Terms of Service or to solicit the performance of any illegal activity or other activity which infringes the rights of Faboolus.com and/or others.

 

• It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

 

• com 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 (denial of service) / DDoS (Distributed Denial of Services).

 

• A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
  • Users doesn't reply to the payment verification mail sent by faboolus.com
  • Users fails to produce adequate documents during the payment details verification
  • Misuse of another Users’ phone/email
  • User uses invalid address, email and phone no.
  • Overuse of a voucher code
  • Use of a special voucher not tagged to the email ID used.
  • Users returns the wrong product
  • Users refuses to pay for an order
  • Users involved in the snatch and run of any order
  • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to faboolus.com
  • User with a very high return rate
  • Repeated request for monetary compensation for fake/used order
  • com may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by faboolus.com:
  • Products ordered are not for self-consumption but for commercial resale
  • Multiple orders placed for same product at the same address, depending on the product category.
  • Bulk quantity of the same product ordered
  • Invalid address given in order details
  • Any malpractice used to place the order
  • Any promotional voucher used for placing the 'Bulk Order' may not be refunded
  • Any order paced using a technological glitch/loophole.

 

• The Content posted does not necessarily reflect faboolus.com views. In no event shall faboolus.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

 

• com hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Faboolus.com Return & Exchange Policy offers you the option to return or exchange items purchased on Faboolus.com within the return/exchange period (Please read the Product Detail Page to see the number of days up to which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the "Return Policy"on our Website.

 

5. Purchases

 

If you wish to purchase any product or service made available through Website, you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

 

6. Contests and Promotions

 

Any contests or other promotions (collectively, “Promotions”) made available through Website may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

 

7. Subscriptions

 

Some parts of Service provided through website are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

 

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or faboolus.com cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting support@faboolus.com.

 

A valid payment method is required to process the payment for your subscription. You shall provide Faboolus.com with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Faboolus.com to charge all Subscription fees incurred through your account to any such payment instruments.

 

Should automatic billing fail to occur for any reason, faboolus.com reserves the right to terminate your access to the Service with immediate effect.

 

8. Free Trial

 

Faboolus.com may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

 

You may be required to enter your billing information in order to sign up for Free Trial. If you do enter your billing information when signing up for Free Trial, you will not be charged by faboolus.com until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

 

At any time and without notice, faboolus.com reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

 

9. Fee Changes

 

Faboolus.com, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

 

Faboolus.com will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

 

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

10. Refunds, Returns and Cancellation

 

Please refer to the refund, return and cancellation policies on the Website

 

11. Content

 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

 

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

 

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

 

Faboolus.com has the right but not the obligation to monitor and edit all Content provided by users.

 

In addition, Content found on or through this Service are the property of Faboolus.com or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

12. Analytics

 

We may use third-party Service Providers to monitor and analyze the use of our Service.

 

13. No Use by Minors

 

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

 

14. Accounts

 

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

You agree to

 

• immediately notify faboolus.com of any unauthorized use / breach of your password or account and
• ensure that you exit from your account at the end of each session.

 

In case you are merchant then approval of your merchant account would depend upon fulfillment of your obligations and will be at sole discretion of faboolus.com. 

 

15. Prepaid Payment Instruments

 

Faboolus.com may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Website to users. Any purchases by buyers on the Website using the prepaid instruments shall be governed by the following terms and conditions:

1. Such prepaid instruments may be used to make payments for the products and/or services purchased on the Website
2. Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Website.
3. Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
4. If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.
5. If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.
6. Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.
7. Prepaid instruments cannot be redeemed for cash.
8. com is not responsible if prepaid instruments are lost, stolen, or used without permission.
9. Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.
10. Purchases of prepaid instruments are not eligible for cashback offers.
11. All merchants on the Website will accept this prepaid instrument as a payment instrument.
12. com will make payments to merchants whose products and/or services have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.

 

16. Warranties, Representations and Undertakings of the Merchant

 

The Merchant warrants and represents that

 

16.1. They have the right and full authority to enter into this Agreement with us.

 

16.2. All their obligations under this Agreement are legal, valid and binding obligations enforceable in law.

 

16.3. There are no proceedings pending, which may have a material adverse effect on their ability to perform and meet their obligations under this Agreement;

 

16.4. That they are an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct their business and to enter into an arrangement with us. They shall at all times ensure compliance with all the requirements applicable to their business and for the purposes of this arrangement including but not limited to Intellectual Property Rights, GST, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, etc. They confirm that they have paid and shall continue to discharge all their obligations towards statutory authorities.

 

16.5. That they have adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with us and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party and that they shall provide us with copies of any document required by the us for the purposes of this performance of its obligations under this arrangement within 24 hours of getting a written notice from us.

 

16.6. That the complete product responsibility and liability shall solely vest with Merchant and that the Merchant shall be solely responsible to the customer for the sale of the Product and or service including but not limited to its shipment to the Customer and that Merchant shall not raise any claim on us in this regard.

 

16.7. Merchant agrees and undertakes not to upload any text, images, graphics (for description and display of product on the online store) that is vulgar, obnoxious, inaccurate, false, incorrect, misleading, intimidating, against the public policy.

 

16.8. That Merchant invoice / bill will be directly in the name of the Customer.

 

16.9. Merchant shall prior to release of any promotion/advertisement material seek prior written approval for the same from us, in so far as the same relates to services offered pursuant to the terms of this Agreement.

 

 

17. ITL reserve the right:

 

17.1. Merchant agrees and acknowledges that at all times during the continuance of this Agreement, ITL shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by Merchant without any prior intimation to Merchant in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement including Terms of Service of Website. In such an event, we reserve the right to forthwith remove all product and/or services listing on website of Merchant without any prior intimation or liability to the Vendor.

 

17.2. ITL reserves the right to provide and display appropriate disclaimers and Terms of Service on website.

 

17.3. At any time if ITL believes that the services are being utilized by the Merchant or its Customer in contravention of the terms and provisions of this Agreement, Terms and conditions of use of website, ITL shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to user as the case may be, without liability to refund the amount to the Merchant to forthwith remove/block/close Merchant product and/or service listing of the Merchant and furnish such details about the Merchant and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.

 

 

18. No Liability of ITL

18.1. ITL on the basis of representation by the Merchant has allowed upload and/or has uploaded Merchant product and/or services on the website to enable Merchant to offer it’s products and/or services for sale through the website. This representation is the essence of the Contract.

 

18.2. ITL shall under no circumstances be liable or responsible for any loss, injury or damage to the Merchant, or any other user/party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products and/or service being in any way damaged, defective, in unfit condition, infringing/ violating any laws / regulations / intellectual property rights of any third party. Merchant agrees and acknowledges that

 

18.2.1. Merchant shall be solely liable for any claims, damages, allegation arising out of the Products and/or services offered for sale through website (including but not limited to quality, quantity, price, merchantability, service quality, use for a particular purpose, or any other related claim) and shall hold the ITL harmless and indemnified against all such claims and damages.

 

18.2.2. Further ITL shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Merchant or any of its representatives.

 

18.2.3. Merchant hereby agrees, confirms and acknowledges that the Product and/or services is provided by the Merchant and that ITL is merely a facilitator for sale of the Merchant’s Product and/or services, hence ITL is not responsible/ liable for the Product and/or services, its design, its function and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever.

 

19. Intellectual Property

 

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of faboolus.com and its licensors. Service is protected by copyright, trademark, and other laws of India. Our trademarks may not be used in connection with any product or service without the prior written consent of faboolus.com.

 

Faboolus.com shall retain sole ownership of all the intellectual properties, know how or other proprietary rights in the Service Facilitator Content, it’s platform and no right or interest is granted or shall be deemed to be granted by faboolus.com to you. To the extent faboolus.com Content contains any proprietary content or information of the Merchant, the Merchant hereby grants a royalty-free and world-wide license to such content or information including a right to creative derivative product of such content or information.

 

It is expressly agreed and clarified that, except as specified agreed in this Agreement, faboolus.com and each user shall retain all right, title and interest in their respective trademarks and logos and nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the Services shall be construed as giving to faboolus.com or any user any right, title or interest of any nature whatsoever to any of the other user’s trademarks and / or logos or faboolus.com trademark and/or logos.

 

20. Copyright Policy and Restrictions

 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

 

Website is controlled and operated by faboolus.com and products are sold by respective Merchants. All material on Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on faboolus.com is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other faboolus.com or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

 

 

21. Confidentiality

 

During the course of your activity on faboolus.com, either party may provide the other party with information that the disclosing Party wishes to be treated confidentially. “Confidential Information” means any information or data disclosed by a party (“Disclosing Party”) to the other party (the “Recipient”) that (i) if in tangible form or other media that can be converted to readable form is clearly marked as confidential, proprietary or private when disclosed or (ii) if oral or visual, is identified as confidential, proprietary or private when disclosed and is summarized in a writing so marked and delivered within ten days following such disclosure.  Confidential Information also includes any information, including, but not limited to data files, customer lists, correspondence and other records, and service availability, furnished to Merchant orally, visually or in writing under or in contemplation of this Agreement, or to which Merchant has access through performance of this Agreement including.

 

21.1. Obligations.        

The Recipient shall: (i) use the Confidential Information only for the purposes of this Agreement; (ii) restrict disclosure of the Confidential Information to employees of the Recipient and its Affiliates with a “need to know” and not disclose it to any other person or entity without the prior written consent of the Disclosing Party; (iii) advise those employees or users who have access to the Confidential Information of their obligations with respect thereto; and (iv) copy the Confidential Information only as necessary for those employees or users who are entitled to receive it, and ensure that all confidentiality notices are reproduced in full on such copies. For purposes of this Agreement, “employees” includes third parties retained by the user for temporary administrative, clerical or programming support.  A “need to know” means that the employee requires the Confidential Information to perform her or her responsibilities in connection with this Agreement.

21.2. Exceptions.

The obligations of this section shall not apply to Confidential Information that the Recipient can demonstrate: (i) is or becomes available to the public through no breach of this Agreement; (ii) was previously known by the Recipient without any obligation to hold it in confidence; (iii) is received from a third party free to disclose such information without restriction; (iv) is independently developed by the Recipient without the use of Confidential Information of the Disclosing Party; (v) is approved for release by written authorization of the Disclosing Party, but only to the extent of such authorization; (vi) is required by law or regulation to be disclosed, but only to the extent and for the purposes of such required disclosure; or (vii) is disclosed in response to a valid order of a court of other governmental body of India, but only to the extent of and for the purposes of such order, and only if the Recipient first notifies the Disclosing Party of the order and permits the Disclosing Party to seek an appropriate protective order.

21.3. Customer Information

Any and all Customer information is and shall remain our property or any entity with which we have an agreement with. User understands that access to any customer information is provided to Merchants to carry out it’s obligations under this contract and that no rights to such information are granted to Merchant hereunder.  Merchant acknowledges that Customer Information may be subject to stringent data privacy laws and regulations and that Merchant will comply with all laws, regulations and requirements to all such Customer Information and will make no use of any Customer Information other than to meet its obligations under the Agreement. The parties agree that an impending or existing violation of these confidentiality provisions would cause the Disclosing Party irreparable injury for which it would have no adequate remedy at law, and agree that the Disclosing Party shall be entitled to seek immediate injunctive relief prohibiting such violation, in addition to any other rights and remedies available to it.

22. Obligations of the Merchant

 

22.1. Merchant upon approval of Registration by us would be entitled to sell it’s product and/or services through our website.

 

22.2 We would provide to approved Merchant access to website through which you need to upload products and/or services details you wish to sell and shall regularly maintain stock availability of each items you have uploaded on platform for users to purchase.

 

22.3. Merchant need to upload through the interface of the website details of each Product/Service you wish to sell. The details must include Name, Maximum Retail price, Discount Offered, HSN/SAC Code, applicable GST Rate, Country of origin of product, description, images, warranty, disclaimer, delivery time lines etc., and any such details that is required as per upload information required by us. In the event Merchant find any field is missing but should be shown to customer it should intimate the same to support team at merchant@faboolus.com and should not upload such item/s.

 

22.4. Merchant shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. Merchant shall ensure to upload the product and/or service only for the product and/or service which it is authorized to sell.

 

22.5. Merchant shall provide full, correct, accurate and true description of the product and/or services so as to enable the users to make an informed decision.

 

22.6. Merchant shall be solely responsible for the quality, quantity, merchantability, guarantee, and warranties in respect of the products and/or services being offered for sale by it through website.

 

22.7. On sale of Merchant item an Order would be placed on to the merchant with details of item, quantity, billing & Shipping address for the items.

 

22.8 Orders placed on Merchant would be displayed on merchant panel. Apart from merchant panel such information may be sent to registered e-mail of merchant and/or sms, notification.

 

22.9 On receipt of Order, Merchant shall dispatch / deliver the products within a period not exceeding 48 hours or within the time as specified in the product description on website by it. Merchant must at all times have access to the Internet and its email account to check the status of new orders and all other orders which are still not fulfilled.

 

22.10. In respect of the orders for items placed through the website, Merchant shall submit proof of dispatch to our satisfaction within 48 hours of the Order placement by us. Merchant may be asked to upload images through merchant panel on the website before shipment of goods.

 

22.11 In case of delivery of services Merchant need to ask for coupon code from user after fulfillment of services. The said coupon code merchant need to enter through Merchant panel of the platform against the Order ID it has fulfilled.

 

22.12. In the event the products are not accepted by the Customer due to any wrong / damaged/Defective products dispatched, then such cases would be governed by return and cancellation policy of the website. Merchant hereby authorizes the ITL to entertain all claims of return of the Product in the mutual interest of the Merchant as well as the Customer.

 

22.13. Merchant must update the Order Status including Airway Bill Number on a daily basis,

 

22.14. Merchant shall not send any of its promotional or any other information with the Products ordered by the customer and also shall ensure that no material or literature is sent which may be detrimental to the business/commercial interests of ITL.

 

22.15 Merchant fulfilling services Order should not solicit customer by offering better discount than it has made available to customer through the website.

 

22.16. Merchant fulfilling services shall ensure service quality is maintained while fulfilling it’s services obligations for the Order and shall also ensure it proactively provide appointment to customer for availing services at it’s facility.

 

22.17. Merchant shall dispatch the Products of same description, quality and quantity and price for which the Customer has placed the order.

 

22.18. All Merchant invoices shall be in the name of Customer and the Platform would generate invoice on behalf of Merchant and such invoice would be made available through merchant Panel of the website.

 

22.19. Merchant understands that customer places the Order based on price and Terms Displayed on the website which is provided by the Merchant. Once customer Order is placed Merchant cannot seek modified price or suggest delivering different product make/model or deficient services as It is sole responsibility of Merchant to ensure updated price, availability and item Details are maintained by him on website at all time.

 

22.20. Merchant shall not offer any item(s) for Sale on the website, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, and illegal or prohibited under the Indian laws.

 

22.21. Merchant shall ensure that they own all the legal rights in the item(s) that are offered for sale on the website.

 

22.22. Merchant shall pass on the legal title, rights and ownership in the item(s) to the Customer. In case merchant has restriction of transfer of such rights then such terms should be made available in product Terms on website against such products to ensure customer can make informed purchase

 

22.23. Merchant shall be solely responsible for any dispute that may be raised by the customer relating to the item(s) provided by the Merchant.

 

22.24. Merchant shall at all time during the tenure of this agreement endeavor to protect and promote the interests of ITL and ensure that third parties rights including intellectual property rights are not infringed.

 

22.25. Merchant shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, statutory obligations including state, corporation or central Taxes, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc.

 

23. Relationship of Parties

 

Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. We shall not be responsible for the acts or omissions of the Merchant, and Merchant shall not represent neither has, any power or authority to speak for, represent, bind or assume any obligation our behalf.

 

24. Force Majeure

 

If a force majeure event occurs, obligations of either party under this Agreement affected by the force majeure will be suspended automatically while the force majeure is in effect; the party affected by the force majeure shall not be held responsible for breach of affected obligations. The party affected by any force majeure event shall inform the other party in writing immediately and provide evidence of the occurrence and expected duration of force majeure. The party affected by any force majeure event shall use diligent efforts to remove force majeure. When a force majeure event occurs, the parties shall consult promptly to seek a solution and exert all reasonable efforts to minimize the impacts of force majeure.  The non-affected party may substitute the performance of a third party for the performance of a party affected by the force majeure event and adjust compensation based on the substitution.

25. Error Reporting and Feedback

 

You may provide us either directly at support@faboolus.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) ITL may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) ITL is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant ITL and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

 

 

 

 

 

 

 

26. Links to Other Web Sites

 

Our Service may contain links to third party web sites or services that are not owned or controlled by faboolus.com.

 

Faboolus.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

 

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

 

27. Disclaimer of Warranty

 

THESE SERVICES ARE PROVIDED BY ITL ON AN “AS IS” AND “AS AVAILABLE” BASIS. ITL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

 

NEITHER ITL NOR ANY PERSON ASSOCIATED WITH ITL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ITL NOR ANYONE ASSOCIATED WITH ITL REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

ITL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

28. Limitation of Liability

 

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY CENTRAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ITL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ITL, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

29. Indemnity

 

29.1 You shall indemnify and hold harmless faboolus.com, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Service, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

29.2. All Merchants shall indemnify and shall hold indemnified ITL, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Merchant’s product and/or services, the breach of any of the Merchant’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Merchant infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Statutory Tax, The Standards of Weights & Measures legislation, Import duties, etc..

 

29.3. ITL agrees to indemnify and to keep you indemnified in respect of all claims losses and expenses (including the cost of litigation if any) arising out of any breach or default part of the ITL to perform its obligations under this Agreement.

 

30. Termination of Non Merchant Account

 

30.1. We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

 

30.2. If you wish to terminate your account, you may simply discontinue using Service.

 

30.3. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

31. Term, Termination and effects of Termination of Merchant Account

 

31.1. Term: The Term of this Agreement shall become effective from the date of acceptance of your merchant agreement and shall remain in full force and effect unless terminated earlier by either party.

 

31.2. Termination by mutual consent: This Agreement may be terminated at any time by mutual consent in writing.

31.3 Termination without cause: Any Party may terminate this Agreement without cause by providing a prior written notice of 3 (three) months to the other Party.

31.4. Termination for breach: This Agreement may be terminated by either Party by providing a 30 (thirty) Business Days’ notice to the other Party in the event such Party breaches any of its representations, Warranties or covenants under this Agreement. Provided however that if the breach is capable of rectification, this Agreement may be terminated by the non-defaulting Party only in the event the defaulting Party fails to cure such breach within 30 (thirty) Business Days of the receipt of notice from the non-defaulting Party with respect to the breach.

31.5. Automatic termination. This Agreement shall terminate with immediate effect in the event any Party hereto is declared bankrupt or becomes the subject of proceedings for bankruptcy, dissolution or liquidation, or is unable to pay its debts and liabilities as they become due and a petition for winding up such Party is admitted by a court of competent jurisdiction and a provisional liquidator or liquidator is appointed by such court with respect to such Party.

31.6. Each Party shall abide by and uphold all rights and obligations accrued or existing as on the date of termination of the Agreement. Termination shall not affect the rights and obligations of the Parties in respect of actions already taken in accordance with this Agreement including the Merchant’s obligation of the payment of Consideration towards recoveries up to the date of termination.

During Notice Period of Termination:

31.7. During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement

31.8. Parties agree that Merchant shall honour all Orders that have been placed by ITL to the Merchant prior to termination or expiry of this Agreement.

Upon the termination of this Agreement:

• the Merchant shall no longer be permitted to use its account on the website and accordingly, Merchant shall immediately cease the use of the website and Merchant Panel of the platform;
• Each Party shall promptly return to the other Party all papers, written materials, business information/documentation and other Confidential Information of the other Party in its possession in connection with this Agreement.
• ITL shall remove all the products and/or services of Merchant displayed on the website. ITL shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Merchant by virtue of termination of this agreement.

 

 

 

 

32. Dispute Resolution

 

32.1. Any dispute arising out of or related to or connected with any provisions under this Agreement shall be referred to the arbitration of a single arbitrator to be appointed jointly by the parties.

 

32.2. The arbitration shall be conducted in Hyderabad in accordance with the Arbitration and Conciliation Act of 1996 or any modification or reenactment for the time being in force.

 

33.3. The language of arbitration shall be English. The arbitration shall be held at Hyderabad, India.

 

34.4. The award of the arbitrator or arbitrators as the case may be shall be final and binding on the parties.

 

35. Jurisdiction and Governing law

 

35.1. The obligations, performance, interpretation and contents shall be governed by Indian law.

 

35.2. Disputes arising in relation hereto shall be subject to the laws of India and exclusive jurisdiction of courts, tribunals, forum, and applicable authorities at Hyderabad. Subject to the provisions of negotiation and arbitration each Party irrevocably and unconditionally submits to the jurisdiction of Courts at Hyderabad.

 

35.3. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

 

36. Changes to Terms of Service

 

We reserve the right to withdraw or amend our Service or material we provide via Service, at our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

 

37. Amendments to Terms

 

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

 

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

 

 

 

38. Waiver and Severability

 

No waiver by ITL of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ITL to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

 

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

 

Any amendment to this Agreement and no waiver of any of the terms or conditions hereto shall be valid or binding unless made in writing and duly executed by all the users/Parties.

 

39. 39. Amendment

Except as expressly set out in this Agreement, no amendment is binding on the Parties or users unless it is in writing and signed by a duly authorized representative of each of the Parties.

 

 

40. Miscellaneous

 

40.1. Notices:

 

40.1.1. All notices and other communication under this Agreement shall be in writing and in English and either delivered by hand or sent to e-mail ID or by courier.

 

40.1.2 All notices by ITL to Merchant would be delivered at the address or to e-mail ID as provided by Merchant to ITL during registration and with subsequent update of same by merchant in writing.

 

40.1.3. All notices to ITL by merchant should be sent to merchant@faboolus.com.

 

40.1.4. All notices by non-merchants should be sent to support@faboolus.com.

 

40.2. Assignment:

Neither this Agreement nor any right or obligation hereunder or part hereof may be assigned by any Party without the prior written consent of the other Party and any attempt to do so shall be void. However, it is understood between the Parties that prior written consent shall not be required in case of any assignment to parent or subsidiary companies of the Parties.

40.3. Headings: The headings contained in this Agreement are solely for the purpose of reference and shall not in any way affect the meaning or interpretation of this Agreement.

 

40.4. Entire Agreement: This Agreement shall be read in conjunction with privacy policy, Return and cancellation Policy, Disclaimer by users. Merchant shall read this agreement in conjunction with the Merchant agreement, privacy policy, Return and cancellation Policy, Disclaimer Agreements of faboolus.com.

 

This agreement including the recitals and annexures, supersedes all prior discussions and agreements between the Parties or between faboolus.com and users.

41. Acknowledgement

 

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

42. Survival: The termination of this Agreement shall not affect those provisions hereof that by their nature are intended to survive such termination including, but not limited to Clauses pertaining to Warranties, Indemnities, Term and Terminations, Dispute Resolutions, Governing Law and Jurisdiction, Confidentialities, Limitation of Liabilities and Clause 40 (Miscellaneous).

 

Contact Us

 

Please send your grievance, feedback, comments, and requests for technical support by email: support@faboolus.com.

 

This Terms of Service shall be read and agreed in conjunction with the following policy documents and it is understood that you have agreed to all these policies documents including the Terms of Service.

• Merchant Agreement
• Return and Cancellation policy
• Disclaimer
• Privacy Policy