Febzure (“Company”) and its subsidiaries, (collectively, “we” or “us” or “our”) have
updated terms that apply
to the use of our websites (as herein defined). For the purposes of these Terms of Use, the term,
“Websites”, shall refer collectively to fabzure as well as the other websites that the Company
operates and
that link to these Terms of Use.
We provide the Websites to you subject to these Terms of Use (“Terms”), which may be
updated by us from time
to time pursuant to Clause -1 herein. By accessing and using the Websites, you accept and agree to be bound
by these Terms, Privacy Policy found here and Company’s Cookie Policy. If you do not agree to these Terms,
you should not access or use the Websites. In addition, when accessing the Websites, you shall be subject to
any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to
time. All such guidelines or rules are hereby incorporated by reference into these Terms.
The following Terms constitute an electronic record in accordance with the provisions of the Information
Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as
amended from time to time.
Company provides a number of Internet-based services through the Platform. One such Service enables Users to
purchase merchandise such as clothing (collectively, "Products"). The Products can be purchased through the
Platform through various methods of payments offered. The sale/purchase of Products shall be additionally
governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which
are found on the Platform and all of which are incorporated here by reference). In addition, these Terms of
Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
Graphic Design – in these Terms of Use means any design made available via the Website which was created by
assembling lines, contours, shapes, colours, structure, or materials of a product and ornamentation.
Your Graphic Design – in these Terms of Use means any design made available via the Website which was
created by assembling lines, contours, shapes, colours, structure, or materials of a product and
ornamentation, transferred to the Service Provider by the Client, not published via the Website before.
You acknowledge that fabzure is an automated web service that gives you the power to upload
and/or print
your own designs as one-of-a-kind textiles. Upon placing any order through the site, or making designs
available for sale, you acknowledge that
1. Changes to Terms. These Terms, or any part thereof, may be modified by us, including the addition
or
removal of terms at any time, and such modifications, additions or deletions will be effective immediately
upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of
such modifications, additions or deletions.
2. Changes to Websites. We may change or discontinue any aspect, service or feature of the Websites
at any
time, including, but not limited to, content, availability needed for access or use.
3. Registration. You may be given the opportunity to register via an online registration form or by
participating in Interactive Areas (as defined below), such as forums and other community features, to
create a user account ("Your Account") that may allow you to receive information from us and/or to
participate in certain features on the Websites. We will use the information you provide in accordance with
the Privacy Policy. By registering you represent and warrant that all information that you provide is
current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your
information on the Websites so that it remains current, complete and accurate. You are responsible for
obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for
access to and use of the Websites and all charges related to the same.
4. User Content Guidelines. The following terms apply to content submitted (“Submissions”) by you:
4.1 The Websites may contain comments sections, discussion forums, or other interactive features
("Interactive Areas") in which you may post or upload user-generated content, comments, video, photos,
messages, other materials or items. You are solely responsible for your use of any Interactive Areas and you
use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By
submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if
you are under the age of 18, you have obtained the legal consent of your parent or legal guardian to enter
into these Terms, submit content, and participate on the Websites.
4.2 By submitting any Submission or participating in an Interactive Area within or in connection with
the Websites, you agree that you will not upload, post or otherwise transmit any Submission that:
- violates or infringes in any way upon the rights of others, including any statements which may defame,
harass, stalk or threaten others;
- you know to be false, misleading or inaccurate;
- contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech,
abusiveness, vulgarity or profanity;
- contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that
is otherwise obscene or lewd;
- violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or
discusses illegal activities with the intent to commit them;
- advocates violent behavior;
- poses a reasonable threat to personal or public safety;
- contains violent images of killing or physical abuse that appear to have been captured solely, or
principally, for exploitative, prurient, or gratuitous purposes;
- is protected by copyright, trademark, trade secret, right of publicity or other proprietary right
without the express permission of the owner of such copyright, trademark, trade secret, right of
publicity or other proprietary right. The burden of determining that any Submission is not protected by
copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You
shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade
secrets, rights of publicity or other proprietary rights or any other harm resulting from such a
submission. Any person determined by company in its sole discretion, to have violated the intellectual
property or other rights of others shall be barred from submitting or posting any further material on
the Websites;
- does not generally pertain to the designated topic or theme of any Interactive Area;
- contains any unsolicited or unauthorized advertising or promotional materials with respect to products
or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
or
- uses the name or likeness of an identifiable natural person without such person’s consent. The burden
of determining that any Submission is not protected by copyright, trademark, trade secret, right of
publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting
from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary
rights or any other harm resulting from such a submission. Any person determined by company, in its sole
discretion, to have violated the intellectual property or other rights of others shall be barred from
submitting or posting any further material on the Websites.
4.3 You agree not to represent or suggest, directly or indirectly, the company Group's endorsement of
User Content.
4.4 You agree not to upload, post or otherwise transmit any User Content, software or other
materials which contain a virus or other harmful or disruptive component.
4.5 You agree not to use any technology, service or automated system to post more User Content than
an
individual could upload in a given period of time. You also agree not to direct any third party to use these
services, technologies or automated systems on your behalf.
4.6 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using
or enjoying the Websites will not be permitted. We reserve the right, in our sole discretion, to remove or
edit User Content submitted by you.
4.7 We are not responsible for the accuracy or credibility of any User Content, and do not take any
responsibility or assume any liability for any actions you may take as a result of reading User Content
posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may
find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with
underage persons, people acting under false pretense, international trade issues and foreign nationals. By
using Interactive Areas, you assume all associated risks.
4.8 We have the right, but not the obligation, to monitor User Content posted or uploaded to the
Websites to determine compliance with these Terms and any operating rules established by us and to satisfy
any law, regulation or authorized government request. Although we have no obligation to monitor, screen,
edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have
absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or
uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup
copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision
by fabzure to monitor and/or modify User Content does not constitute nor shall it be deemed to
constitute
any responsibility or liability in any manner on our part in connection with or arising from your use of
Interactive Areas on the Websites.
4.9 By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual,
irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit,
translate, create derivative works from, incorporate into other works, distribute, sublicense (through
multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or
technology now known or hereafter developed, without payment to you or to any third parties. Additionally,
to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and
agree not to assert such rights against us. You represent and warrant to us that you have the full legal
right, power and authority to grant to us the license provided for herein, that you own or control the
complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this
license and that neither the User Content nor the exercise of the rights granted herein shall violate these
Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a
libel or slander against, or violate any common law or any other right of, or cause injury to, any person or
entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity
that violates your or our rights in the User Content by a breach of these Terms.
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following
scenarios are met:
- Users don't reply to the payment verification mail sent by company.
- Users fail to produce adequate documents during the payment details verification
- Misuse of another User's phone/email
- Users use an invalid address, email and phone no.
- Use of a special voucher not tagged to the email ID used.
- Users return the wrong product
- Users refuse 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 company
- Any User with a very high return rate
- Repeated request for monetary compensation for fake/used order
Company may cancel any order that classifies 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 the company below:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for the 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 placed using a technological glitch/loophole.
Company hereby disclaims any guarantees of exactness as to the finish, appearance,
size, color etc. of the
final product as ordered by the User. Company’s Return & Exchange Policy offers you the option to return or
exchange items purchased on Company 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 the website.
Given the automated nature of the service, fabzure is not able to
review all Content that is uploaded to the
Site. However, fabzure and its designees shall have the right (but not the obligation) in their
sole
discretion to review and to reject or remove any Content that is available via the site.
fabzure may review it and the Content it contains for adherence to our
guidelines and compliance with the
terms and conditions set forth in these Terms. Without limiting the foregoing, fabzure and its
designees
shall have the right to refuse to fulfill any order for any reason and to remove any Content that violates
the Terms or is otherwise objectionable to us. fabzure shall have the right, at its exclusive
discretion to
remove Content and/or suspend user accounts that violate these Terms or fabzure policies.
fabzure reserves
the right to amend the Terms and its policies described above from time to time at its sole discretion.
You acknowledge and agree that you are responsible for the creation and compilation
of your
Content, and that neither fabzure nor any other party involved with the production of any
product
incorporating such Content, including but not limited to fabric, assumes that responsibility.
fabzure’s
production of any product depicting your Content shall be pursuant to your order and specification and
fabzure shall merely function as a printer of such products. fabzure’s production
of any product depicting
your Content, including but not limited to fabric, does not indicate that fabzure accepts,
approves of or
endorses the Content, that the Content complies with applicable laws, or that you are absolved of any
liability or harm arising from the use of the Content.
By posting Content on fabzure and choosing to make it public, other
websites or parties are able to copy and
re-post that Content, including without limitation, approved third-party websites that have access to the
site through its application program interface (API) (discussed in Privacy Policy section below). You agree
to hold fabzure harmless for any dispute concerning this use. If you choose to display any
fabzure -hosted
image on another website, the image must provide a link back to its listing page on fabzure.
5. Delivery Related
User agrees and acknowledges that any claims regarding order delivery (including non-receipt/non-delivery of
order or signature verification) shall be notified to company within 5 days from the alleged date of
delivery of product reflecting on the portal. Non-notification by you of non-receipt or non-delivery within
the time period specified shall be construed as a deemed delivery in respect of that transaction. Company
disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including
signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product
reflecting on the Company portal. The transfer of ownership and the responsibility and liability for the
product/items purchased by the Client occurs as of the moment the items are delivered to the Client.
6. User Conduct Guidelines. The following terms apply to your conduct when
accessing or using the Websites:
- you agree not to interfere with or disrupt the Websites or the servers or networks connected to the
Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the
Websites;
- you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any
portion of the Websites, use of the Websites, or access to the Websites;
- you agree not to engage in any activity that would constitute a criminal offense or give rise to a
civil liability;
- you agree not to impersonate any person or entity, including, but not limited to, the company Group or
any company Group employee, or falsely state or otherwise misrepresent your affiliation with any person
or entity;
- you agree not to interfere with any other user's right to privacy, including by harvesting or
collecting personally-identifiable information about users of the Websites or posting private
information about a third party;
- You undertake that under no circumstances shall you hold fabzure liable in violation of
the any IPR, the image or design of which you have voluntarily uploaded to the Website for custom
printing. fabzure or the Website shall in no way be liable if in any case, the designs or
images uploaded by you are leaked in public or stolen by anyone as a result of any phishing attack,
spoofing, session hijacking, etc. of the Website.
7. Intellectual Property Rights. All information and content on this Website
including but not limited
to
texts, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress,
logos, software for design, implementation and use of the Website, layout, structure and organization of the
content of the Website, the collection and organization of data and information, video clips, musical
compositions, audio clips, designs, artworks, devices, or any other material (collectively, “Contents”) are
proprietary property of the Company(“Proprietary Information”) and protected under the domestic and foreign
intellectual property laws.Except with our express prior written permission or as permitted by applicable
laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate,
create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way
or through any medium for distribution, publication or any commercial purpose.
You may display, copy and download Content from the Websites solely for your
personal and non-commercial use provided that:
- you do not remove any copyright or proprietary notice from the Content;
- such Content will not be copied or posted on any networked computer or published in any medium; and
- no modifications are made to such Content.
The photographs and images of products included on the Website have been portrayed
as accurately as possible;
however, the settings and specifications of the User's viewing device or display could affect the accuracy
of the colours of products portrayed. The photographs and images of products are for representation purposes
only.
8. PRICING
All prices displayed on the Website are for reference purposes and the same may change and/or differ
depending upon the demography/region, design, fabric, colours, urgency of delivery, etc.
8.1 Any rights not expressly granted herein are reserved. All prices are
subject to change without
notice.
9. RETURN POLICY
We are committed to ensuring your satisfaction with our fabric design services. If, for any reason, you find
yourself dissatisfied with your purchase, we are here to assist you. However, please note that once an order
is placed, we shall not provide any refunds, except under specific circumstances such as technical issues
preventing service utilization, dissatisfaction with service quality, or non-delivery of purchased products
or services within the designated timeframe. To request a refund under such circumstances, please contact
our customer support team within 5 days of purchase, providing detailed information and any necessary
evidence. Our team will review your request and, if eligible, process the refund within 15 days. Certain
items, such as customized fabric designs and downloaded digital products, remain non-refundable. Should you
need to cancel your order before it is placed, please notify us promptly. We reserve the right to modify or
discontinue services, with refunds provided for any outstanding payments. For further inquiries, please
reach out to us at 9104507906.
10. Disclaimer of Warranty; Limitation of Liability.
(A) You expressly agree that use of the websites is at your sole risk. The
company group, its other
affiliates nor any of their respective employees, agents, third party content providers, third-party service
providers or licensors do not warrant that use of the websites will be uninterrupted or error free; nor do
they make any warranty as to the results that may be obtained from use of the websites, nor as to the
accuracy, reliability or content of any information, service, or merchandise provided through the websites.
(B) The websites are provided on an "as is" basis without warranties of any
kind, either express
or implied, including, but not limited to, warranties of title or implied warranties of merchantability or
fitness for a particular purpose, other than those warranties which are implied by and incapable of
exclusion, restriction or modification under the laws applicable to these terms.
(C) To the fullest extent permissible by applicable law, in no event shall
the company group, or
its future parent or affiliated companies, be liable to you for any personal injury, property damage, lost
profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer
and/or device or technology failure or malfunction or for any form of direct or indirect, special,
incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of
the websites or any alleged failure of performance, error, omission, interruption, deletion, defect, or
delay in service, operation, or transmission of the websites, or any alleged computer virus, communication
line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or
posting of any record, content, or technology, pertaining to or on the websites. You agree that this
limitation of liability applies whether such allegations are for breach of contract, tortious behavior,
negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed
and even if the company group or future parent or affiliated companies have been advised of the possibility
of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge
that the company group or future parent or affiliated companies are not liable for any actual or alleged
defamatory, offensive, or illegal conduct of other users of the websites or any other third parties.
If applicable law does not allow all or any part of the above limitation of
liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
fabzure does not make any warranty that:
- the site, its content or any products ordered through the site, including fabrics, will meet your
requirements;
- that the site or service will be uninterrupted, timely, secure, or error free;
- the quality of any products, services, information, or other material purchased or obtained by you
through the site will meet your expectations;
- that defects, if any, will be corrected;
- We disclaim any and all liability of any kind for any unauthorized access to or use of your personally
identifiable information. By accessing the Websites, you acknowledge and agree to our disclaimer of any
such liability. If you do not agree, you should not access or use the Websites;
- The photographs and images of products included on the Website have been portrayed as accurately as
possible; however, the settings and specifications of the user's viewing device or display could affect
the accuracy of the colours of products portrayed;
- All and any designs, images, colours, fabrics or content that you may receive pursuant to your
customized order, may be subject to minor variations and differences as compared to the provided sample
designs, images, colours, fabrics or content;
- fabzure shall not be responsible for any defamatory, illicit, improper content, image,
design but not limited to, requested for customization by any Client. The Company does not promote or
propagate any such act by any client or person.
11. Indemnification. You agree to defend, indemnify and hold harmless the
Company Group, its
affiliates and their respective directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use of the Websites by you. The Company Group
reserves the right to take over the exclusive defense of any claim for which we are entitled to
indemnification under this section. In such event, you shall provide Company with such cooperation as is
reasonably requested by the Company Group.
12. Termination. We may terminate or suspend these Terms at any time without
notice to you.
Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites
in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the
event of any breach by you of these Terms. The provisions of Sections 2, and 5-12 shall survive termination
of these Terms.
13. Governing Law. The content, data, video, and all other material and
features on
the Websites are presented for the purpose of providing entertainment, news and/or information and/or
promoting programs, films, music, games, and other products and/or services that are or may become available
in the Union of India and its territories.
Any and all disputes, claims and controversies arising out of or in connection with
your access to, and/or
use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites
shall be governed by and construed exclusively in accordance with the laws and decisions of Ahmedabad, India
be applicable to contracts made, entered into and performed entirely therein, without giving effect to its
conflict of laws provisions.
14. Miscellaneous. These Terms and any operating rules for the Websites
established by
us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with respect to such subject matter. The
provisions of these Terms are for the benefit of the Company Group, its affiliates and its third party
content providers and licensors and each shall have the right to assert and enforce such provisions directly
or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of
competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the
original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain
binding upon the parties. The section headings used herein are for convenience only and shall not be given
any legal import.
15. DISCLAIMER NOTICE:
1. The Information, software, materials, products, and services published on this Website may include
inaccuracies or errors, including reservation availability and pricing errors. The LLP or any of our
affiliates do not guarantee the accuracy of, and disclaim all liability for, any errors or other
inaccuracies relating to the information and description of the contents displayed on this Website.
2. To the fullest extent permissible we disclaim any warranties, express and/or implied, including
but not
limited to implied warranties of merchantability, non-infringement, freedom from cookies, computer virus and
warranties arising from course of trade or course of performance of services. We do not represent or warrant
that the functions contained in the Website will be uninterrupted or error free, that defects will be
corrected or that the Website or the server that makes the Website available, are free of viruses or other
harmful components. We do not make any warranties or representations regarding the use of the materials in
the Website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise.
16. English Version Controls
Non-English translations of this Policy are provided for convenience only. In the event of any ambiguity or
conflict between translations, the English version is authoritative and controls.