FABLY Terms And Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.thefably.com website.
The domain name www.thefably.com (hereinafter referred to as “Website”) is owned by FABLY E-COMMERCE(OPC)PRIVATE LIMITED, a firm with its registered office at FABLY E-COMMERCE(OPC)PRIVATE LIMITED, (# D101, ROHAN JHAROKA PHASE 1, YEMALUR, BEHIND HAL AIRPORT, BANGALORE, KARNATAKA, INDIA- 560037) (hereinafter referred to as “Fably”)
The use of the Website by you including its services are governed by certain terms and conditions as applicable to the website including the policies which are applicable by way of reference. Any kind of transaction on the Website by You shall be subject to the policies applicable to the Website. By the mere use of the Website, You shall be contracting with Fably on the mentioned terms and conditions including the policies constitute Your binding obligations.
For the mentioned Terms of Use, whenever/wherever the context requires You or User shall mean any natural or legal person who has agreed to become a member of the Website by providing his or her Data with regards to registration using the computer systems. The term our, we, us shall herein referred to “Fably”.
When You use any services provided by FABLY E-COMMERCE(OPC)PRIVATE LIMITED through our Website i.e. Fably, you are subject to rules, policies, T&C to the use of such services. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is your responsibility as a User that you must keep yourself updated with the T&C changes. Your continued use of the website following the Changes in the policies would mean that You agree to any revisions/changes/updates in T&C and We grant You a personal, non-exclusive, non-transferable, limited privilege to use the Website.
PLEASE READ THE TERMS OF USE MENTIONED CAREFULLY BEFORE PROCEEDING FOR BROWSING, SURFING, TRANSACTING OR OTHERWISE USING THE SITE.
By accepting these Terms of Use, you also accept and agree to be bound by FABLY E-COMMERCE(OPC)PRIVATE LIMITED Privacy Policy.
Eligibility Criteria for Membership
The Website can be used by persons who can legally enter into contracts under the Indian Contract Act, 1872. All Individuals/Groups who are incompetent under the Indian Contract Act of 1872, are not eligible to use the Website for its Services. In case You are a Minor, i.e. Individuals below the age of 18 years, a legal guardian must transact on Your Behalf. The Membership is liable to be terminated by Fably in case it is brought to notice or discovered that the terms under the Indian Contract Act are violated including You being a Minor.
Maintaining Your Account and Related Obligations
You are solely and fully responsible for maintaining and keeping secure your Account Information like Login ID and Passwords for all transacting, surf, or other related activities on the Website. You agree that Fably reserves the right to terminate/disapprove/suspend/block access to your account permanently or temporarily as the case may apply, in case the registered information provided by you is wrong or inconsistent or found to be wrong or inconsistent.
Terms of Communication
By using the Website, Mobile Application or by sending emails or other data, information or communication to FABLY E-COMMERCE(OPC)PRIVATE LIMITED, you agree that You are communicating with Us through electronic records. You also agree to receive communication electronically or otherwise from Us periodically or as and when required. Emails or similar modes of communication including by Post will be used as communication tools to reach You.
By accepting these Terms of Use, you agree and accept to receive information through Whatsapp, limited to transactional information (related to product, its use, Order and account enquiry), modes of payment from FABLY E-COMMERCE(OPC)PRIVATE LIMITED.
Charges
FABLY E-COMMERCE(OPC)PRIVATE LIMITED, Fably reserves the right to change/add/modify the Fee Policy from time to time.
Performance, Errors, Corrections and Changes
We do not guarantee or represent or warrant that the website/application/link/sub-link /domain /subdomain will be uninterrupted or error free, free of viruses or other harmful components, or that defects will be corrected. Also the site/application may be unavailable for periods of time due to scheduled or unscheduled maintenance.
We do not represent or warrant that the information available on or through the website/application/link/sub-link /domain /subdomain will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time without notice. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Use of the Website
You as an Individual/Group agree, undertake and confirm that You shall use the Website and your Use shall be strictly governed by the following binding principles:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) 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;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) 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];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to complain about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or license images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website. Throughout this Terms of Use, FABLY E-COMMERCE(OPC)PRIVATE LIMITED prior written consent means a communication coming from FABLY E-COMMERCE(OPC)PRIVATE LIMITED Legal Department, categorically in response to your request, and categorically addressing the activity or conduct for which you seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) 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 items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, 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 the value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) 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.
2.You are liable not to use any deep-link, page-scrape, robot, spider or another automatic device, program, algorithm or methodology, to gain access, copy or acquire any portion of the Website or any of its content. You shall not use the content of the website in any way for any use to replicate or for any of your Personal or Professional Use.
3. Hacking, Password Mining or any similar uses to gain access to sensitive information shall be deemed unlawful. You would not indulge in the same.
4. You agree not to indulge in any derogatory or negative statement(s) or comment(s) about the Website, any Brand or domain name i.e. www.thefably.com.
5. You agree not to attempt into stopping or interfering into the Proper Working of the Website or any other Person’s working with the Website.
6. You agree not to use the website or any its content for any purpose which involves unlawful and unethical activities which affect the rights of FABLY E-COMMERCE(OPC)PRIVATE LIMITED and/or others.
7. Testing the website for its strength and breaching the security of the Website including breaching the firewalls of the Website to extract any kind of information for personal or professional use is not allowed. You agree to not indulge in any such activities.
8. You agree to abide in full compliance of the Information Technology Act of 2000 and the rules mentioned thereof as applicable and amended from time to time.
9. You shall not forge any information or impersonate any individual from the website including altering any kind of information in the form of electronic or postal mail for Your Personal or Professional Benefit.
Policy of Privacy
Fably believes that protection of your privacy is of utmost importance and for the same we store (as per IT Act, 2000) Your Personal Information and Your Financial Information, if any, collected from you, in the utmost secured manners. All Information is stored on the computers in accordance with the IT Act of 2000. Any objections thereof, you are advised not to indulge in any transaction, browse or involve Yourself in any similar activity with the Website.
You are required to share with us Your Valid Contact Numbers including Your Mobile Phone Number for Us to contact You in case of any notification which may be via Voice or Short Messaging Service, with regards to Your order or any related inquiry. We may also contact you for keeping you updated with any offers or latest products added to the Website.
Privacy Policy
We value the trust you place in us. That’s why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices.
Note:
Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.
By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Website.
1. Information
At Fably we try to provide You with a safe, secure and the best experience of online shopping. For us to do so, we collect and store your personal information which is provided by you from time to time. We only collect information which helps us to provide you with such an experience.
Automatic tracking of some information is done to ensure the best experience.
Such information is IP Address, etc.
Upon Signups with OTP Login & By providing your contact details, you have automatically authorized and given consent to FABLY E-COMMERCE(OPC)PRIVATE LIMITED to send you, either through itself or through any third-party service provider, from time to time various information/ alerts/ SMS/ other messages/ Emails/ Calls or commercial communication, and other services on the aforesaid listed telephone numbers, whether these numbers are registered with National Do Not Call Registry listed in National Customer Preference Register or not. You also confirm that by sending any of such messages/ calls, you will not hold any of our third-party service provider liable/ institute complaint under the Telecom Commercial Communications Customer reference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time
If you register with us, we collect Your information like billing address, credit/debit card number, expiry date or other modes of payment used or opted for. We use Your personal information to either inform, notify or send you offers which may be related to your interests or previous purchases. By agreeing for Opt-In option during registration, You consent to be contacted by Fably via phone calls, SMS notifications, WhatsApp messages, Mobile Applications and/or any other electronic mode of communication for all Order, Product Related, Any updated information/ New activities, Special Offers, Other products services of Fably, to assist you with Customer Service or Technical Support issues, to Follow up with you after your visit, to otherwise support your relationship with Fably or to prevent any fraud and unlawful activity with your account. You can opt-out from this service by writing to us on support@thefably.com, but If you are opt-out, you may miss out on Important details of your Interest.
2. Personal Information
We may use your personal information to help serve you better and send you promotional offers/letters to make you know better about the choice of buying you have with us.
You also have the option to not opt for it. We send you online surveys to understand your requirements better.
Cookies
Website cookies are files located in the browser directories. They are used to help navigate You in our Website efficiently and perform certain functions. The website sets cookies to help authenticate your logs into a secure area of the website.
3. Information Sharing
We may share Your information to our associates to ensure safe shopping and due to security-related issues like preventing frauds and thefts. We may also disclose Your information to Government or Authorized Personnel as and when required and necessary.
4. Policy on Security
Fably ensures that once your Personal Information is taken, we store it with utmost precautions.
5. Promotion/Offer Mails
We give You the option to opt-out of any promotional emails sent by us via electronic communication. Please write to us at support@thefably.com for unsubscribing.
6. Agreement to Privacy Policy
You agree that by using the Website, you have agreed to the Terms of Use and the Privacy Policy mentioned hereof.
It is Your responsibility to keep yourself updated in case of any change in the privacy policies of the Website
7. Offers/Discount Coupons
All promotional discount coupons are valid on sold by Fably products Only.
Please be aware that Fably or its subsidiaries will never ask you for your personal information/details. Be careful towards scam calls and SMS asking for money or personal information in return of a grand prize/lucky draw. If you receive any such communication via SMS or call, please report it to support@thefably.com so that we can raise it with concerned legal authorities.
Description/Content
We do not guarantee the description, warranty of any Product listed with us in terms of accuracy, complete, error-free. Hence, we do not assume any responsibility in this regard.
Payment
Fably will not be responsible for any loss/damage arising directly or indirectly to You due to:
1. Failure of Authorization of Payment Transaction
2. Exceeding the Pre-Set Limits on the Amount or Number of Transactions which exist with You and Your Bank.
3. Any Transactional Issues pertaining to payments
4. Any related issues pertaining to transactions of payments.
All the payments must be necessarily and compulsorily be accepted by us in INR for all transactions. Any other currency will not be accepted on the Website.
You agree, understand and accept that Fably is not a Banking Service Provider and that the Payment Facility offered by Fably is by acting as a Facilitator.
Fably reserves the right to impose limits on the Transaction Amount and Number of times a transaction can be undertaken by You. Also, we have the right to refuse any kind of Transaction on grounds of the previous history of violations or breach of any contract/agreement either enforceable by Law or by any issuing Authority of the Government.
Fably may reject Your Cash on Delivery orders based on the creditworthiness and credibility of the Buyer based on certain checks conducted internally by the Website.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Limitation of Liability
At no point in time shall Fably be liable for any incidental damage which may have arisen from the direct or indirect way in relation to the Terms of Use, even is the User has been informed in advance of such damages.
Indemnity
You agree to hold Fably, its owners, affiliates, employees and anyone related to it professionally, harmless from any kind of demand or claims arising out of breach of the Terms of Use by You.
Trademark, Copyright and Restriction
You agree not to copy, replicate, reproduce, re-publish, upload, post, transmit or distribute any data which has been put up on the Website. Fably has all the images and content on the Website copyright, trademarks with intellectual property rights on the same. You may use the data on the website only for your personal, non-commercial use.
Jurisdiction & Law
The Terms of Use of the Website shall be governed and interpreted in accordance with the laws prevailing in the State of India. The Place of Jurisdiction shall be Bangalore, Karnataka, India.
Complaints
We have done our best to ensure all our content is Copyright and Trademarked. If you feel that your Trademarks or copyrights have been violated, please feel free to contact us at support@thefably.com
FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
International Orders
Terms and Conditions
Those items for shipment to countries outside of India may be subject to taxes, customs duties and fees or additional paperwork and clearance by the destination country (‘Import Fees/ Customs/ Duties and Taxes’). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees and documentation at the destination.
These terms and conditions are in addition to the standard Terms & Conditions of Fably website. Pursuant to those terms, title and risk of loss for the items transfer to the recipient upon delivery to the carrier in India.
We are not responsible for damages to your shipment caused during transit, the damage is not likely to happen, but in the case of such, we are not responsible and there will no compensation for such damages. Title and risk of loss for the items are transferred to the recipient upon handover/ delivery to the carrier in India.
Privacy
Your privacy is important to us, and we know that you care about how information about your order is used and shared. We would like our customers and customers shipping products to be aware that shipments are subject to opening and inspection by customs and/or postal authorities.
Also, we may provide certain order, shipment, and product information, such as titles, to our carriers, and such information may be communicated by the carriers to customs and/or postal authorities to facilitate clearance and comply with local laws.
Fably does not recommend, endorse or make any representation and will not be liable for efficacy, appropriateness or suitability of any specific products, treatments, opinions or other information that may be contained on or available through this website.
EMI Terms & Conditions
Fably in agreement with Payment Gateways through various Issuing Banks and other service providers to provide equated monthly instalment (EMI) payment plan scheme to the Customers holding credit/ debit cards and making payments of Customer Charge with respect to Products purchased on thefably.com
Fably is offering Customers an option to make payments of Customer Charge using EMI facility offered by various banks through payment gateways. The customer has agreed to avail the same on the terms and conditions listed on Fably website.
For the purpose of this EMI, the following terms and conditions shall follow
(a)“Issuing Bank” shall mean a bank issuing a valid credit/ debit cards to its customers and which has agreed to offer EMI Facility through various payment gateways
(b) “EMI Facility” shall mean a payment option offered to Customers holding Valid Credit/ debit Cards of the respective Issuing Bank to pay Customer Charge with respect to Products purchased on the Merchant Site using EMI.
(c)“EMI” shall mean equated monthly instalments.
(d) “EMI Transaction” shall mean a Transaction wherein the Customer opts to make payment through EMI Facility using his Valid Credit/ debit Card.
(e)“Merchant Discount” shall mean any discount offered by Fably on purchase of a Product on Fably site, upon making payment through EMI payment plan scheme of a specific Issuing Bank and such discount is approved by the Payment gateway and the Issuing Bank.
(f)“Valid Credit/ debit Card” shall mean a valid credit/ debit card issued by the respective Issuing Bank.
Scope
Fably will provide EMI Facility through Payment gateways to be offered to the Customers wherein the Customers purchasing a Product on Fably and making payment of Customer Charge using a Valid Credit/ debit Card, shall be given an option to make the payment for the purchases in EMI over such period and on such terms and conditions as may be imposed by the respective Issuing Bank.
To avail the EMI Facility of a particular Issuing Bank the customer must be eligible by the respective Issuing Bank.
The Customer shall comply with the terms and conditions as may be prescribed by the respective Issuing Bank, for provision of services under this option, from time to time including but not limited to the rates at which the EMI is to be offered, the Products on which EMI is to be offered, tenure for which EMI is to be offered, the Customers to whom EMI is to be offered. The Customer understands that the Issuing Bank may modify the terms of the EMI offering at any time. Further, the Issuing Bank may at its sole discretion choose to reject or change EMI tenure (e.g. basis Customer history, amount of transaction etc.) or withdraw any EMI scheme or make any modifications.
The Customer shall avail the EMI on the terms and conditions as may be specified by the respective Issuing Bank. The Customer opts to make payment of the Customer Charge through EMI Facility, the Customer shall agree to the terms and conditions for availing EMI Facility as may be informed by the Payment gateway to Fably from time to time.
The Customer understands that at the time of making a transaction, if the Customer makes payment through EMI Facility, the Customer may be debited for the full amount of the Transaction initially, however, EMI will be booked later by the respective Issuing Bank. Fably shall maintain a record of Customer’s acceptance of EMI terms & conditions and other supporting documents for a period of up to 1 year after the completion of the EMI tenure agreed to by the Customer. The Customer acknowledges that Payment Gateway or the Acquiring Banks may request Fably to provide EMI Transaction related documents including documents evidencing acceptance of terms and conditions by the Customer. The Customer hereby agrees to have the same shared as being requested.
The Customer understands that booking or rejection of EMI is at the sole discretion of the respective Issuing Bank or Payment gateway. Payment gateway or the Issuing Bank shall not be liable to the Customer or any third party for any loss, damage arising due to cancellation or non-booking of EMI.
The Customer understands that EMI Transactions once processed cannot be cancelled/reversed by the Customer.
The Customer understands that Fably, Payment gateway and the Issuing Bank shall not be responsible to the Customer for any disputes arising due to non-conversion of a Transaction to EMI Transaction and/or rates at which EMI is approved and/or tenure of EMI and/or informing the Customer about EMI rejection. The Customer shall be responsible to inquire about the status of their EMI request directly from the respective Issuing Bank.
The Customer undertakes that the Customer continues to be responsible and liable for all / any disputes raised by any third party under this payment option, against Payment gateway/Issuing Banks/Acquiring Banks/Nodal Banks, for reasons including but not limited to, delivery, services, suitability, merchantability, availability, quality, of the Product under the terms & conditions. The Customer hereby agrees to indemnify Fably, Payment gateways, Acquiring Banks, Nodal Banks, Issuing Banks for any loss being incurred under this payment option.
INTELLECTUAL PROPERTY RIGHTS
1. The Company( referred to Fably), may provide the User with content such as photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Fably and shall not copy, transmit or create derivative works of such material without express authorization from the Company.2. Fably is the sole owner or lawful licensee of all the rights to the website and its content. “Website Content” shall mean its design, layout, text, images, graphics, sound, video etc. The Website Content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website Content shall remain with Fably, its affiliates or licensor’s of the Company’s content, as the case may be.
3. All rights, not otherwise claimed under this Agreement are hereby reserved. The information contained in this Website is intended, solely to provide general information for the personal use of the User who accepts full responsibility for its use. Fably does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by the User as a result of an advertisement or any other information or offer in or in connection with the Services.
4. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
5. Fably does not have any express burden or responsibility to provide the User with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked.
6. All related icons and logos are registered trademarks or trademarks or service marks of the company in various jurisdictions and are protected under applicable copyright, Trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
7. The trademarks, logos and service marks (“Marks”) displayed on the Websiteare belongs to the property of Fably. The User is prohibited from using these for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of the company or such third party which may own the Marks.
8. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with Fably shall not be deemed to be in the public domain but rather the exclusive property of Fably, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the company, unless otherwise stated.
9. All information and content including any software programs available on or through the Website including the Website Content is protected by copyright. The User is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Website Content available on or through the Website for commercial or public purposes.
10. The Website contains copyrighted material, trademarks, trade secrets, patents, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Fably protected by copyright as a collective work under the applicable copyright laws.
11.Fably owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
12. In addition, use of the Website Content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of the User’s access to and use of the Services, the User agrees not to use the Website Services to infringe the intellectual property rights of others in any way. Fably reserves the right to terminate the account of the User upon any infringement of the rights of others in conjunction with use of the company’s Service, or if the company believes that the User’s conduct is harmful to the interests of the company, its affiliates, or other users, or for any other reason in the company’s sole discretion, with or without cause.13. Fably reserves the right to remove from the Website any content that is alleged to infringe someone’s copyright.
14. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.
Disclaimer
Notwithstanding anything stated under this Agreement, the Customer acknowledges that the services provided by the Payment gateway (EMI) and the Issuing Banks under this Terms, may not be uninterrupted or error-free. The Issuing Banks may withdraw, reject, cancel, change the rate of interest etc. of an EMI scheme, or reject an EMI Transaction. Further Issuing Bank may cancel its consent for the provision of EMI Facility to the customer, at any time. The EMI shall be booked solely at the discretion of the Issuing Bank. The Issuing Bank may refuse to offer an EMI facility to a particular Customer or for a particular transaction at its discretion. Payment gateway, Fably or the Issuing Bank shall not be liable for any liabilities arising due to Chargebacks, refunds etc. of the EMI Transactions processed under this Terms & Conditions.
Registered Office Address:
FABLY E-COMMERCE(OPC)PRIVATE LIMITED,
# D101, ROHAN JHAROKA PHASE 1, YEMALUR, BEHIND HAL AIRPORT, BANGALORE, KARNATAKA, INDIA- 560037
or Email us at: support@thefably.com
Or call us :+91 900841 3366