Your utilization of the service is contingent upon your acceptance of and adherence to the accompanying terms and conditions (the "Terms"). Please thoroughly review them.
Regardless of the manner in which you subscribe to or engage with the services, by utilizing any of our offerings, you affirm that you have read, comprehended, and are bound by the Terms. If you do not wish to be bound by the Terms, you must refrain from subscribing to or using our services.
In these Terms, when we mention "you" or "User," we are referring to the ultimate user who visits the website, explores its content, and utilizes the services it offers. Independent third-party service providers are categorized as service providers; Codeclipse Technologies Private Limited, along with its franchisor, affiliates, and partners, is denoted as "we," "us," and "our."
INTRODUCTION
FabCulture, commonly referred to as the "Website," operates as an online content and e-commerce platform under the governance of Codeclipse Technologies Private Limited, an Indian company duly incorporated.
Your access to and use of the Website are permitted solely under the condition that you agree to comply with all the terms, conditions, and notices outlined in these Terms, as well as any additional terms periodically featured on the Website, without modification. FabCulture reserves the right, at its sole discretion, to reject a user's registration on the website without providing a specific reason.
PASSWORD, USER ACCOUNT, AND SECURITY
Upon successful completion of the Website's registration process, you will receive an account designation and password. Safeguarding your password and account confidentiality is entirely your responsibility, and you are accountable for any actions conducted using your credentials. You commit to: (a) promptly notify FabCulture of any unauthorized use of your password or account and any other security breaches; and (b) ensure that you log out of your account at the conclusion of each session. FabCulture is not liable and will not be held responsible for any losses or damages incurred.
PROVIDED SERVICES
FabCulture provides various Internet-based services on its platform, collectively referred to as "Services." These services encompass the opportunity for customers to purchase distinctive products such as apparel and accessories, collectively termed as "Products." Payment for the Services entitles FabCulture to dispatch the product upon order placement and payment.
USER GUARANTEE AND DECLARATION
The user affirms, warrants, and certifies that the content belongs to them or is used with permission, ensuring it does not infringe upon the intellectual property rights, property rights, or other rights of any third party. Furthermore, you guarantee that, to the best of your knowledge, no legal action or threat thereof has been initiated concerning any content used in connection with FabCulture services, including trade names, trademarks, service marks, and copyrights.
EXACTNESS NOT GUARANTEED
FabCulture hereby disclaims all warranties regarding the accuracy of the final product's appearance and finish concerning the user's order. Discrepancies in the quality of goods, services, data, or other materials may occur. Modifications to specific components of an order, such as brand, size, or color, may be necessary due to product availability constraints or variations in sizing charts of different brands. In such instances, your consent for production changes may be sought through calls or emails. You reserve the right to reject a proposed production change by responding within five days. Failure to approve a second request may result in order cancellation, with a complete refund using the original payment method.
RIGHTS TO INTELLECTUAL PROPERTY
All intellectual property rights associated with the Website belong to FabCulture, unless explicitly stated otherwise or containing proprietary material owned by a third party and explicitly disclosed. This encompasses copyright, patents, trademarks, trade names, service marks, designs, know-how, trade secrets, inventions, goodwill, source code, meta tags, databases, text, content, graphics, hyperlinks, and text. It is understood and agreed that any content you upload or provide when using the services becomes your sole ownership and responsibility. However, with regard to the product customization service, you explicitly grant a non-exclusive license for public viewing and reproduction/use by third-party users when you upload and post content on the website.
LINKS TO EXTERNAL WEBSITES
The website may contain links to external websites, referred to as "Linked Sites." FabCulture and the Website do not have control over the Linked Sites, and FabCulture disclaims all liability for the contents of any Linked Site, including links within a Linked Site and any modifications or updates made to a Linked Site. FabCulture also disclaims liability for any transmissions received from any linked website. These links are provided for user convenience, and their presence does not imply any recommendation by FabCulture or affiliation with the operators, owners, or assigns of the Linked Sites. Users are encouraged to independently verify the accuracy of all information before acting upon it.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
While efforts are made to ensure accuracy, FabCulture does not guarantee or make representations regarding the quality, accuracy, or completeness of any data, information, product, or service on the website. FabCulture shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages related to: (a) the use or inability to use the Services; (b) unauthorized access or alteration of user transmissions or data; (c) any matter related to the Services, including damages for loss of use, data, or profits. Additionally, FabCulture disclaims liability for damages resulting from website use, including contract, tort, negligence, strict liability, or other legal theories. This includes delays, provision or failure to provide Services, and any information, software, products, services, and related graphics obtained through the Website. FabCulture also disclaims liability for any unplanned website access suspension due to technical reasons or beyond the control of FabCulture. By downloading material or data from the Website, users acknowledge and agree to do so at their own risk, being solely responsible for any loss of data or damage to their computer systems.
INDEMNIFICATION
For any breach or non-performance of representations, warranties, covenants, or agreements made by the user or any obligations under these Terms, the user agrees to indemnify, defend, and hold harmless FabCulture from any losses, liabilities, claims, damages, costs, and expenses, including legal fees.
PRICING
All amounts are expressed in Indian rupees, and FabCulture reserves the right to adjust prices for its products and services.
POLICY FOR SHIPPING AND DELIVERY
The refundable amount for courier fees is limited. Customers may choose to send the shipment themselves if they wish to return an item within ten days, as FabCulture does not offer reverse pickup. FabCulture will make a maximum of three delivery attempts, and if unsuccessful, retains the right to cancel the order. The expected delivery time is communicated via email after order placement. Delays due to weather, aircraft delays, political events, or other unforeseen circumstances may occur, and users will be proactively notified. FabCulture disclaims liability for any psychological suffering due to delivery delays. Users have the right to cancel an order at any time, and upon proper cancellation, the paid amount will be refunded.
TERMINATION
If FabCulture determines, at its discretion, that a user has violated any Terms, it may suspend or terminate the user's use of the Website or any Service. Upon termination, FabCulture may remove any materials or content related to the user's service usage, without liability.
GOVERNING LAW
These conditions are subject to interpretation and construction in accordance with Indian law, excluding conflict of laws. Indian law exclusively governs these terms.
HEADINGS
Headings and subheadings in this document are for convenience and identification purposes only, with no impact on the interpretation or description of the Terms, user rights, or any other section or pages of the Website or Linked Sites.
INTERPRETATION OF NUMBER AND GENDERS
Both singular and plural forms in the terms are equally applicable. Pronouns must include both masculine and feminine forms when necessary. The phrase "without limitation" follows terms like "include," "includes," and "including." References such as "herein," "hereof," "hereto," "hereunder," and similar terms collectively relate to the Terms unless the context suggests otherwise.
SEVERABILITY
If any part of the Terms is found invalid or unenforceable, the invalidity or unenforceability applies only to that portion, and the remaining provisions of the Terms remain fully enforceable.
REPORT ABUSE
Users bear sole responsibility for the materials or content they upload to the Website, as per these Terms. Prior to publication on the website, FabCulture does not subject the content to scrutiny. The website neither verifies nor endorses user-posted or uploaded content. Users are accountable for their content and may face legal consequences if it infringes on copyright, trademark, or other intellectual property rights, or if it contains defamatory statements. If users become aware of abuse or violations of these terms, they are encouraged to report them to codeclipsetechnologiesprivatel@gmail.com.
UNAUTHORIZED CHARGES ON YOUR CARD
Users who observe charges on their credit or debit card for transactions on FabCulture without having registered or opened an account are advised to verify whether family members or business associates with authorization to make purchases on their behalf placed the order. If uncertain about the charge, users should report the unauthorized purchase within five days to enable FabCulture to initiate an inquiry.
CANCELLATION OF FRAUDULENT/LOSS TO BUSINESS ORDERS
To maintain a secure buying experience, FabCulture routinely monitors transactions for fraudulent activity. The website reserves the right, without incurring liability, to cancel past, pending, and future orders in case of suspicious activity. FabCulture may also reject or cancel orders due to internet pricing errors or stock shortages. Additional information or confirmations may be required before approving certain orders. If an order is canceled, partially or entirely, or if further information is needed, the user will be contacted. Refunds will be issued to the card account for canceled orders, although promotional coupons used for canceled orders may not be reimbursed.
Conditions under which a customer may be considered fraudulent include:
Conditions under which a customer may be considered a loss to business include: