The domain name www.fabishindia.com (hereinafter referred to as “Website”) is owned by Fabish India Private Limited (“Fabishindia”), a company incorporated under the Companies Act, 2013 with its registered office at F-2, C-83, Shiv Gauri Apartment, Vaishali Township, Jodhpur 342001 India
Fabish India provides its services to you subject to the notices, terms, and conditions set forth in this agreement (hereinafter referred to as the “Terms”). In addition, when you use any www.nutrally.in service, you will be subject to the rules, guidelines, policies, terms, conditions and documents applicable to such service, and they are incorporated into these Terms by this reference. These Terms is formulated in accordance with the Information Technology Act, 2000 read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
By mere use of the Website, you are contracting with Fabish India and these Terms including the policies represent a binding contract between you and us. Therefore, you should read these Terms carefully before you start to use the Services. Fabish India retains the right to deny access to anyone who we believe has violated any of these Terms.
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO THESE TERMS, SO YOU ARE ADVISED TO READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1. CHANGES TO THESE TERMS
We reserve the unilateral right to revise these Terms from time to time, and in any case at least once on an annual basis, and at any time and will inform you of a revision of the Terms, via a medium selected by us, at our sole discretion. We will post the new version of these Terms or any policies on this Website and any change or modification to these Terms shall be effective immediately from the date of such upload of the revised Terms on the Website. Your continued use of the Website following the modifications to the Terms and policies constitutes your acceptance of the modified terms and conditions whether or not you have read them and shall be binding on you. For this reason, you are advised to frequently review these Terms, and other policies.
2. CHANGES TO WEBSITE
In order to optimize and improve your experience, we may update the Website from time to time, and may change the content, display or form at any time without prior notice. We do not guarantee that the Website, or any content provided or displayed on it, will be free from errors or omissions. Further, we are under no obligation to update the Website or any of the content provided on it.
You must be 18 (eighteen) years or older and capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872) in order to use Website. If you are under 18 (eighteen) years of age, you may use this Website only with the involvement of a parent or guardian. You may not authorize third parties to access any accounts that you have created on the Website. You are responsible for all activity that occurs under the accounts you have created on the Website.
4. TERMS OF SERVICES
- During the registration process you are also required to submit your personal information, which may include information relating to your name, age, gender, mobile device, location etc. You agree that the information provided by you upon registration and at all times thereafter will be true, accurate, current, and complete. You agree to maintain and update this information to keep it true, accurate and complete at all times while using Website and availing the services. You also acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
- If you are accessing, browsing, and using the Website or availing the services on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to these Terms, you agree to accept liability for any harm cause by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
- If you know or have reason to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided on the Website. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Fabish India.
- Prohibited Uses: You shall not use the Website for any illegal, unlawful, unauthorized or prohibited purposes including without limitation to posting, sharing or storing any information that (i) that belongs to another person and to which you do not have any right; (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to children; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (collectively the “Prohibited Uses”). You will comply with all applicable laws, rules and regulations in your use of the Website. In the event you use Website for any Prohibited Uses, we reserve the right to immediately and without notice, suspend/delete your account and ban you from accessing Website in future.
5. USER CONTENT
- You retain ownership and sole responsibility for any text, messages, chat communications, billboard postings, software, photos, drawings, graphics, profiles, opinions, ideas, images, videos, audio files or other materials or information posted, uploaded, emailed, transmitted or otherwise made available to the Website by you (collectively “User Content”). Therefore, you are responsible for User Content and you must ensure that you have all the rights and permissions needed to use User Content on the Website.
- By using the Website you grant us a worldwide, perpetual, unrestricted, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit User Content, but only for the limited purposes of providing the services to you and as otherwise permitted by our privacy policies. This license continues even after you stop using our Website. You acknowledge that this license includes the right for us to make User Content available to other users of the Website, who may use User Content subject to these Terms.
- You can remove your content by deleting it, however in certain circumstances User Content may not be completely removed, and copies of User Content may continue to exist on the Website. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of User Content.
- Fabish India does not endorse or control the User Content transmitted or posted on the Website and therefore, accuracy, integrity or quality of User Content is not guaranteed by Fabish India. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Fabish India be liable in any manner whatsoever for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content. You hereby waive all rights to any claims against Fabish India for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
- You hereby acknowledge that Fabish India has the right, but not the obligation, in its sole discretion to refuse to post or to remove any User Content and further reserves the right to change, condense, or delete any User Content. You agree not to provide User Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering, gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful or otherwise offensive, as determined by Fabish India, in its sole discretion, whether or not such material is protected by law. Fabish India may, but shall not be obliged to review, monitor or remove User Content, at its sole discretion and at any time and for any reason, without notice to you.
- These Terms are effective unless and until terminated by either you or Fabish India.
- You agree that Fabish India, in its sole discretion, for any or no reason, and without penalty or notice, may suspend or terminate your account (or any part thereof) or your use of the Website at any time.
- You agree that any termination of your access to the Website or any account you may have or portion thereof may be without prior notice, and you agree that Fabish India will not be liable to you or any third party for any such termination.
- Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Fabish India may have at law or in equity.
7. DISCLAIMER OR WARRANTY AND LIMITATION OF LIABILITY
- The Website is presented “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Neither we nor our affiliates, partners, directors, employers, agents, licensors or suppliers make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or this Website or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
- You agree that in no event will Fabish India or its affiliates, directors, employees, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to:
- these Terms;
- the Website; or
- your use or inability to use the Website.
- In no event will Fabish India or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to:
- these Terms;
- the Website;
- your use or inability to use the Website; or
- any other interactions with Fabish India,
- howsoever caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or Website.
- In no event will Fabish India or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers be liable to you for any losses, damage, liabilities, and causes of action arising out of any act, omission or negligence to which you contributed.
- Fabish India does not warrant that the access or usage of the Website will be uninterrupted, timely, secure, or error-free.
- Fabish India does not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
- You agree that no claims or action arising out of, or related to, the use of the Website or these Terms may be brought by you more than 1 (one) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the Website, termination of your use of the Website is your sole remedy. We have no other obligation, liability, or responsibility to you.
- Health Disclaimer. The products on the Website are not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest that you should consult with a physician before using any of our products. The results on all products available on the Website are not typical and not everyone will experience these results.
You agree to defend, indemnify and hold Fabish India and its affiliates, contractors, employees, officers, directors, agents and third party partners harmless from any and all claims, losses, damages, liabilities, costs and expenses, including without limitation, legal fees and expenses, caused by or arising out of claims based upon your actions or inactions or related to your use or misuse of the Website, any violation of these Terms or any of the covenants made by you herein, which may result in any loss or liability to Fabish India or any third party.
9. INTELLECTUAL PROPERTY RIGHTS
All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. The compilation of all content on Website is our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on Website is also our exclusive property, or the property of our affiliates or software suppliers, and is protected by Indian and international copyright, authors’ rights law and other intellectual property rights. You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of Fabish India, modification of the materials, use of the materials on any other web site 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.
Nothing in these Terms should be construed as conferring any right in or license to Fabish India’s or any third party’s intellectual rights.
10. LICENSE TO USE WEBSITE
- We grant you a limited license to access and make personal use of Website, but not to modify it, or any portion of it, except with our written consent. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extraction tools.
- Website or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent.
12. CANCELLATIONS, REFUNDS AND RETURNS
Please refer to our Cancellation, Refunds and Returns Policy for details with respect to cancellations, refunds and returns of our products.
13. SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery Policy for details with respect to shipping and delivery of our products.
14. PRICES AND AVAILABILITY OF PRODUCTS
- Without limiting the generality of Clause 14 (Cancellations, Refunds and Returns), if a product/ service is listed at an incorrect price or with incorrect information due to any technical error, Fabish India shall have the right, at it sole discretion, to refuse or cancel any orders placed for that product/service, unless the product has already been delivered or the service already been availed by you. In the event that an item is wrongly priced, Fabish India may, in its sole discretion either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services availed, your offer will not be deemed accepted and Fabish India will have the right to modify the price of the product/service and contact you for further instructions using the contact details provided by you.
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Prices and availability of the products and service provided or offered on the Website are subject to change without prior notice and at the sole discretion of Fabish India and Fabish India may revise and cease to make available any product/service at any time.