1. Security, User Account and Password/passkey Policy:
In case of You using the Mobile Application, You shall be solely responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password.
You agree that if You provide any information that is untrue, false, inaccurate, or incomplete etc, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Mobile Application by stating the above mentioned reason.
You agree to
- immediately notify "FABSTUN " of any unauthorized use / breach of your password or account and
- ensure that you exit from your account at the end of each session.
2. Services Rendered:
“FABSTUN” provides innumerable services with the help of the Mobile Application. One such Service enables Users to contact designers for their fashion needs such as clothing, footwear and accessories etc. from various fashion and lifestyle designers across the globe.
The Products cannot be purchased through the Mobile Application gateway. The sale/purchase of Products shall be done by the user and designers solely on mutually agreed terms of the user and designers. It is categorically stated that “FABSTUN”
acting as Open Source Fashion Mobile Application Platform to facilitate meeting of designers with the ultimate user.
“FABSTUN” in any manner whatsoever warrants that Product description, design description or any other content on the Mobile Application is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. Mobile Application for Transaction and Communication:
The Users use the Platform of “FABSTUN” to meet, interact with one another for their Fashions needs and requirements on the Mobile Application. FABSTUN is not concerned or connected with any of the parties in any manner whosoever to control or dictate in any manner any transaction between the FABSTUN Users. Henceforward:
- a. All commercial/contractual/ terms are offered by and agreed to between User and Designers 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.
- b. FABSTUN makes no representation or Warranty with regards to specifics (such as quality, value, salability, look, feel, durability etc) of the products or services proposed to be sold or offered to be sold or purchased by the designers, FABSTUN, Mobile Application is acting as a facilitator between both user and designer.
- c. At no time shall FABSTUN hold any right, title or interest over the products nor shall FABSTUN have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
- d. FABSTUN is not responsible for any non-performance or breach or non execution of any contract entered into between user and designer. Fabstun does not guarantee/warranty that the concerned designers or users will perform any transaction concluded on the Mobile Application.
- e. FABSTUN does not have any control neither internal nor external or does not determine or suggest or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users and Designers.
- f. The FABSTUN is only a Open source Mobile Application that can be utilized by Users to reach a larger base to buy products or services pertaining to various fashions.
FABSTUN is only providing a Mobile Application for 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 User and the Designers. At no time shall FABSTUN hold any right, title or interest over the products nor shall FABSTUN have any obligations or liabilities in respect of such contract.
- g. FABSTUN is not responsible for unsatisfactory or delay of services or damages or delays or any other breaches on behalf of either of the parties irrespective of the results.
4. User Conduct and Rules on the Mobile Application:
You agree to undertake and confirm that Your use of the Mobile Application mentioned herein i.e FABSTUN shall be strictly governed by the following binding principles:
a. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- i. belongs to another person and to which You do not have any right to;
- ii. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- iii. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- iv. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- v. is misleading in any way;
- vi. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- vii. 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;
- viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- ix. interferes with another USER's use and enjoyment of the Mobile Application or any other individual's User and enjoyment of similar services;
- x tries to gain unauthorized access or exceeds the scope of authorized access to the Mobile Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Mobile Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- xi. contains video, photographs, or images of another person (with a minor or an adult).
- xii. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
- xiii. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- xiv. violates any law for the time being in force;
- xv. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- xvi. shall not be false, inaccurate or misleading;
b. You shall not use the Mobile Application for any unlawful and fraudulent purposes, which may cause annoyance, inconvenience and abuses any policy or rules of the company and interrupt or causes to interrupt, damages the use by other Users of FABSTUN.
c. You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads FABSTUN by sharing multiple address and phone numbers or transacting with malafide intentions.
d. You shall not attempt to gain unauthorized access to any portion or feature of the Mobile Application, or any other systems or networks connected to the Mobile Application or to any server, computer, network, or to any of the services offered on or through the Mobile Application, by hacking, password "mining" or any other illegitimate means.
e. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
f. You shall and may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Mobile Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Mobile Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Mobile Application. It is our right and prerogative to bar any such activity.
g. You shall not engage in advertising to, or solicitation of, other Users of the Mobile Application to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Mobile Application or related to us.
h. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Mobile Application, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the FABSTUN on the Mobile Application. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Mobile Application.
i. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
j. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
k. The Content posted does not necessarily reflect FABSTUN views. In no event shall FABSTUN 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 Mobile Application. 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.
l. FABSTUN hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. FABSTUN Return & Exchange Policy offers You the option to return or exchange items purchased on FABSTUN within thirty (30) days of the receipt. In case of return of the purchased item, please refer to the "Return Policy" on our FABSTUN.
5. Contents Posted on Mobile Application:
You may use information on the products and services purposely made available on the Mobile Application for downloading, provided that You
a. do not remove any proprietary notice language in all copies of such documents,
b. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
c. make no modifications to any such information, and
d. do not make any additional representations or warranties relating to such documents.
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. We may share personal information with our other corporate entities and affiliates.
a. Correspondence Information. Following are the various Correspondence Information which You provide when You access/register for Our Service includes:
- i. Children under the age of 18: Use of the Mobile Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Mobile Application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Mobile Application and shall not transact on or use the Mobile Application. As a minor if you wish to use or transact on FABSTUN, such use or transaction may be made by your legal guardian or parents on the Mobile Application.
- ii. User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our Services.
- iii. Shared Information: What types of information are not allowed on Mobile Application?
- iv. Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.
- v. Nudity or other sexually suggestive content
- vi. Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
- vii. Hate speech, credible threats or direct attacks on an individual or group
- viii. Content that contains self-harm or excessive violence
- ix. Fake or impostor profiles
- x. Spam
b. Technical and functional management of the Mobile Application.
When you use our Mobile Application, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Mobile Application, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most updated version of the Mobile Application.
c. Operational Use.
We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Mobile Application. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Mobile Application.
Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.
d. Applicable law and procedure.
We collect and store your Correspondence Information to: (a) comply with our obligations under law; and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.
Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Mobile Application is at your own risk. We recommend that you do not disclose your password to anyone.
A cookie is a small text file that we place on your mobile device to enable various features of FABSTUN. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie.Whenever FABSTUN uses a third party to host and serve content, we may arrange for a common identifier to be shared between the third party and FABSTUN in order to enable accurate measurement of traffic and usage. This includes but is not limited to the use of AMP Client IDs in Google Analytics for Accelerated Mobile Pages served by Google on FABSTUN's behalf.
f. Third Party.
At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.
We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
7. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Mobile Application are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, FABSTUN does not warrant that: Mobile Application will be constantly available, or available at all; or The information on Mobile Application is complete, true, accurate or non-misleading.
All the Products sold on Mobile Application are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Mobile Application. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
As a registered designer, you are allowed to list item(s) but actual sale shall not happen through the FABSTUN Mobile Application. The user and designer must be do a independent verification about the about the transaction. FABSTUN is only mobile listing platform, where the user and designer enter into a will have platform to interact and see if they can strike any agreement on subsequent purchase. Purchase is in no way channelized by means of the Moblie application. Both user and designer must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Mobile Application. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Mobile Application. FABSTUN reserves the right to delete such multiple listings of the same product listed by you in various categories.
We may provide you alternation services (limited to alteration of length, alteration of the waist size) for the garments purchased by You from Us. This service shall be free of cost and no amount would be collected from You for such alteration. However, a nominal fee as mentioned by FABSTUN at the time of creating the alteration request (inclusive of service tax) would be applicable as convenience charge towards pick up and drop of the garments or towards tailor visit (wherever applicable).
9. E-Mobile Application for Communication:
You agree, understand and acknowledge that FABSTUN is an online Mobile Application that enables you to purchase products listed on the Mobile Application at the price indicated therein at any time. You further agree and acknowledge that FABSTUN is only a facilitator and is not and cannot be a party to or control in any manner any transactions on FABSTUN.
11. Trademark, Copyright and Restriction:
Mobile Application is controlled and operated by FABSTUN. All material on Mobile Application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on FABSTUN 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 FABSTUN 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.
12. Limitation of Liability:
In no event shall FABSTUN be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
a. the use or the inability to use the Services or Products;
b. unauthorized access to or alteration of the user's transmissions or data;
c. breach of condition, representations or warranties by the user or designer.
d. any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Mobile Application or Service. FABSTUN shall not be held responsible for non-availability of the FABSTUN during periodic maintenance operations or any unplanned suspension of access to the FABSTUN. The User understands and agrees that any material and/or data downloaded at FABSTUN is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, FABSTUN’s liability shall be limited to an amount equal to the Products purchased value bought by You. FABSTUN shall not be liable for any dispute or disagreement between Users
FABSTUN may suspend or terminate your use of the FABSTUN or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until FABSTUN chooses to terminate them.
a. If You or FABSTUN terminates your use of the Mobile Application or any Service, FABSTUN may delete any content or other materials relating to your use of the Service and FABSTUN will have no liability to you or any third party for doing so. However, your transactions details may be preserved by FABSTUN for purposes of tax or regulatory compliance.
b. You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
c. If FABSTUN unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.
d. If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead FABSTUN by sharing multiple address and phone numbers or transacting with malafide intentions then FABSTUN reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
14. Jurisdictional Issues
The users who choose/wish to access Mobile Application across the globe shall do so at their own risk and initiative and rapport and comfort with the designer. FABSTUN is not responsible for supply, quality, design, delivery of products/goods services etc including refunds for the products ordered from any locations across the globe.
15. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation and shall be subject to the exclusive jurisdiction of courts, tribunals, forums, applicable authorities at Hyderabad, Telangana alone. The place of jurisdiction shall be exclusively in Hyderabad.
16. Contacting the Seller:
At FABSTUN, we are committed towards ensuring that there lies a amicable relationship user and designers. However, in the event that You wish to contact Designers about the seller, You may proceed to do so by writing a email to the ______________. Alternatively, You may also reach out to customer support at ____________
You acknowledge and undertake that you are accessing the services on the Mobile Application and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through FABSTUN. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Mobile Application. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Mobile Application vest with FABSTUN nor shall FABSTUN have any obligations or liabilities in respect of any transactions on Mobile Application.