Terms of Use

This website www.myfabkart.com (hereinafter also referred to as 'website' or 'site' or 'portal') is provided by Adonista Fabcom Ventures Private Limited (hereinafter also referred to as 'MyFabKart' or 'company') having its corporate office at Dehradun, Uttarakhand (India). By using this website, you are indicating that you have read and agree to be bound by, the policies, terms and conditions set forth below (this 'Agreement') in their entirety without limitation or qualification, as well as by all applicable laws and regulations, as if you had handwritten your name on a contract. If you do not agree to these terms and conditions, do not use this website or download materials from this website. If the user is not an individual, then 'you' means your company/entity, its officers, members, employees, agents, representatives, successors and assignees.

Restrictions on use

Except as otherwise permitted in writing by MyFabKart, no materials from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of this site for public or commercial purposes, including any text, images, audio, or video without MyFabKart's written permission. You may not mirror any material contained on this site on any other server. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyFabKart without express written consent from MyFabKart. You may not use any Meta tags or any other 'hidden text' utilising MyFabKart's name or trademarks without the express written consent of MyFabKart. Any unauthorised use terminates the permission or license granted by Adonista Fabcom Ventures Private Limited.

Intellectual property

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the 'Materials') is the property of MyFabKart or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the Indian copyright laws and international treaty provisions, and MyFabKart owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, relay, transmission, republication, display, or performance, of the content on this site, except as specifically permitted below, is strictly prohibited. All marks, names and logos mentioned on this site are the property of their respective owners.

Limited license

MyFabKart grants you a limited, non-exclusive, non-transferable personal license to access, display, and copy the materials on this site for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.

Representations and warranties

By using this site, you represent and warrant that

  • you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
  • you will use this site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement;
  • you are authorised to sign for and bind the contracting party;
  • you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from MyFabKart for any purpose.

Disclaimer of warranties

You expressly agree that use of this site is at your sole risk. Neither MyFabKart, nor its affiliates, nor any of their officers, employees, agents, third-party content providers, merchants, sponsors or licensors (collectively 'Providers'), or the like, warrant that access to this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security or currency of the materials. The materials may contain errors, omissions, inaccuracies, or outdated information. Further, MyFabKart does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. MyFabKart reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this site. MyFabKart may make any other changes to this site, the materials and the products, programs, services or prices (if any) described in this site at any time without any notice.

This site and the information, content and materials on this website, are provided by MyFabKart on an 'as is', 'where is' and 'where available' basis. MyFabKart expressly disclaims all representations or warranties of any kind, express or implied, as to the operation of the site, the content, information or the materials on this website, to the fullest extent permissible under applicable law. MyFabKart expressly disclaims all warranties, express or implied, of any kind, with respect to any of the materials, content or information on this website or any goods or other products or services offered, sold, or displayed on this website or your use of this website generally, including without limitation warranties of merchantability, accuracy of information, quality, satisfactory quality, title, fitness for a particular purpose and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this Agreement.

Limitation of liabilities

You agree that MyFabKart and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content or information on this website regardless of whether such liability is based in tort, contract or otherwise. In no event, including without limitation a negligent act, shall MyFabKart or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content or information on this website or any other products, services, or information offered, sold, or displayed on this website, your use of, or inability to use this website generally, or otherwise in connection with this Agreement, regardless of whether MyFabKart or any of its providers has been advised of the possibility of such damages.

Indemnifications

You agree to indemnify, defend and hold harmless MyFabKart, its affiliates, agents, employees and licensors from and against any and all claims and expenses, including reasonable attorneys' fee, arising out of or related in any way to your use of this site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.

Privacy

MyFabKart collects personally identifiable information when you use this site. Personally identifiable information may include such information as your name, email, mobile number, gender, address and PIN code. When you make payment for an order on the website, the process is expedited by reputed and trusted payment gateways and you are asked for additional payment information as is required by the said payment gateways to complete the payment process for your order. On participating in the Executive program, you are also required to share with us your PAN, UID number and banking details. In addition, MyFabKart automatically receives and records information on our server logs from your browser including such information as your IP address, cookie information and the specific web page you visited. MyFabKart uses the personally identifiable information for two purposes – to provide personalized content, advertising, and commercial messages to you and to send you information about us to keep you informed about various products, services and special promotions which might be of interest to you. We give you the ability to edit your information at any time by contacting support@myfabkart.com. In addition, you may request removal from the MyFabKart database by sending an email to support@myfabkart.com.

Cookies

A 'cookie' is a small data file that can be placed on your hard drive when you visit certain websites. MyFabKart may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. If you download MyFabKart's software, MyFabKart will use a cookie to save your settings and to provide customisable and personalised services. These cookies do not enable third parties to access any of your personal information. MyFabKart can only access the information from a cookie sent by our site. Therefore, if you visit non-MyFabKart websites on which you are prompted to log in or which are customisable, you may be required to accept cookies. Advertisers and related parties may use their own cookies from those sites. We do not control use of those cookies and expressly disclaim responsibility for information collected through them.

Dispute resolution

Any dispute relating in any way to your use of this site shall be submitted to confidential arbitration in Dehradun, Uttarakhand (India) except that, to the extent you have in any manner violated or threatened to violate MyFabKart's intellectual property rights, MyFabKart may seek injunctive or other appropriate relief in any local or high court in the State of Uttarakhand, and you consent to exclusive jurisdiction and venue in such courts. All such arbitration shall be strictly confidential. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Limitations on claims

Any cause of action you may have with respect to your use of this site must be commenced within two (2) years after the claim or cause of action arises.

Term and termination

Without limiting its other remedies, MyFabKart may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement in the best interest of the company if you fail to comply with any term or condition of this Agreement. Upon such violation, you agree to terminate access to this site.

Hyperlink disclaimers

As a convenience to you, MyFabKart may provide, on this site, links to websites operated by other entities (collectively, the 'linked websites'). If you use any linked website, you will leave this site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Linked websites, regardless of the linking form (e.g., hotlinks, hypertext links and IMG links) are not maintained, controlled or otherwise governed by MyFabKart. The content, accuracy, opinions expressed and other links provided by linked websites are not investigated, verified, monitored, or endorsed by MyFabKart. MyFabKart does not endorse, make any representations regarding or warrant any information, goods and/or services appearing or offered on any linked website, other than linked information authored by MyFabKart. Links do not imply that MyFabKart sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of MyFabKart or any of its affiliates or subsidiaries. Except for links to information authored by MyFabKart, MyFabKart is neither responsible for nor will it be liable under any theory based upon

  • any linked website;
  • any information or content found on any linked website; or
  • any website or websites linked to or from any linked website.

If you decide to visit any linked websites and/or transact any business thereon, you do so at your own risk. MyFabKart reserves the right to discontinue any linked website at any time without prior notice. Please contact the web masters of any linked websites concerning any information, goods or services appearing thereon.

Choice of law and venue

This site is controlled, operated and administered by Adonista Fabcom Ventures Private Limited from its corporate office within Dehradun, Uttarakhand (India). MyFabKart makes no representation that materials at this site are appropriate or available for use at other locations outside of India and access to them from territories where their contents are illegal is prohibited. You may not use this site or export the materials in violation of Indian export laws and regulations. If you access this site from locations outside of India, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Uttarakhand and the Indian Union, without giving effect to its conflict of law(s) provisions that direct the application of the laws of a different jurisdiction. This is the case regardless of whether you reside or transact business with MyFabKart in Uttarakhand or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the courts located within Dehradun, Uttarakhand (India).

Entire agreement

This Agreement constitutes the entire Agreement between MyFabKart and you with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and MyFabKart with respect to this site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Modifications to Agreement

MyFabKart may revise this Agreement at any time and you agree to be bound by the revised Agreement. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. MyFabKart does not and will not assume any obligation to notify you of changes to this Agreement. This Agreement shall supersede any prior terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by MyFabKart. MyFabKart serves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.

Our policy concerning minors

MyFabKart's services are not intended for use by children. If you are under 18 years of age (completed), you may use MyFabKart's website only with involvement of a parent or guardian.

Electronic communications and electronic signatures

You agree to be bound by any affirmation, assent or agreement you transmit through this site, including but not limited to any consent you give to receive communications from MyFabKart solely through electronic transmission. You agree that, when in the future you click on an 'I agree', 'I consent' or other similarly worded 'button' or 'entry field' with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.