Last Updated: 09 October, 2020

TERMS AND CONDITIONS OF USE

The website https://shop.fancode.com (“Platform”) is owned and operated by Sporta Technologies Private Limited (“Company”), a company incorporated under the laws of India and having its registered office at 1802, Tower B, Peninsula Business Park Senapati Bapat Marg, Lower Parel, Mumbai 400013, Maharashtra, India. Through the Platform, the Company seeks to facilitate the listing, exhibition and offering for sale by the Company of certain merchandise and/or goods (“Products”) to users of the Platform (“Users”).

The Terms set out below apply to and govern persons who register with the Platform as Users.

The terms ‘Company’ or ‘us’ or ‘we’ refer to the owners of this Platform. The terms ‘you’ or ‘User’, and all its grammatical variations, refer to the user/customer or viewer of our Platform.

By browsing, viewing, using the Platform or purchasing the Products therein, you consent to and agree to comply with these Terms and Conditions of Use (“Terms”).

The Company provides the Products on its Platform subject to the notices, terms, and conditions set forth in these Terms. In addition, when you seek to purchase any of the Products, you will be subject to Company’s Privacy Policy for the Platform as available at (https://shop.fancode.com/pages/privacy-policy), FAQ available at (https://shop.fancode.com/pages/frequently-asked-questions) any other rules, guidelines, policies, terms, and conditions applicable to such Products, which will be deemed to be incorporated into these Terms by reference. By accessing, viewing, posting any User generated content to any specific dedicated page on the Platform and/or by purchasing the Product on the Platform you accept and consent to these Terms and the Privacy Policy of the Company as well as any other rules, guidelines, policies, terms, and conditions applicable to such Products, which will be deemed to be incorporated into these Terms by reference. The Company reserves the right to change or modify the Platform, the contents thereof, the Products and these Terms at any time without any prior intimation to you. All modifications will be posted on the Platform and will become effective immediately upon such posting to the Platform. Your continued use of the Platform after such change or modification shall be deemed to be your agreement to the revised/modified Terms. Please review these Terms regularly to remain informed of any change. The Company retains the right to deny access to the Platform and/or refuse the sale of Products to anyone who it believes has violated any of these Terms or does not accept these Terms.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

  1. 1. Eligibility

    1.1 You will be eligible to enter into transactions on the Platform only if you are above eighteen (18) years of age, are of a sound mind and are not disqualified from contracting by any law to which you are subject to. If you are under eighteen (18) years you age, you may access and use the Platform only with the involvement of a parent or guardian.

    1.2 By visiting the Platform and accepting these Terms, you represent and warrant to the Company that you are competent to contract under the law you are subjected to. You also represent and warrant to the Company that you will use the Platform in a manner consistent with any and all applicable laws and regulations.

 

  1. 2. Registration

2.1 In general, you can visit our Platform without purchasing the Products or revealing your identity or any personal information about yourself. However, you may not be able to access certain parts and sections of the Platform or purchase the Products unless you register with and create an account with the Platform or login using your Platform credentials.

2.2 The information sought at the time of registration may include your username, email address, password, address, date of birth and mobile number. You may be required to provide certain additional information as may be specified at the time of registration or as specified in the Privacy Policy. The registration information you provide must be accurate, complete, and current at all times.

2.3 You shall not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account. You agree to immediately notify the Company in the event of any unauthorized use of your account or login or any other breach of security comes to your attention.

2.4 The Company reserves the right to terminate any user account that you may setup on the Platform, if it finds, in its sole and absolute determination, that you are in breach of the eligibility criteria set out above or if you violate any of these Terms.

 

  1. 3. Use of Content

This Platform is controlled and operated by the Company. The Company authorizes you, subject to these Terms, to view and access the content available on or from the Platform and to access and use content from the Platform (as defined below) solely for your personal, non-commercial use. The contents of the Platform, such as User Interface designs, mock-ups, text, data, graphics, images, video, information, logos, button icons, software, audio files and other Platform content (collectively, the“Platform Content”), are protected under applicable copyright, trademark and other laws. All Platform Content is the property of the Company or its licensors. The trademarks and other intellectual property used within the Products (whether existing or those which are added later) on the Platform is the exclusive property of the respective Product vendors and/or their licensors, and/or of the Company and its licensors (as applicable), and is protected by Indian and international copyright, trademark, and other laws. Unauthorized use of the Platform Content may violate these laws and/or applicable communications regulations and statutes and is strictly prohibited. Except where otherwise agreed in writing with the Company or specified in these Terms, the Platform Content is solely for your personal, non-commercial use. You may not sell or modify the Platform Content nor reproduce, display, publicly perform, distribute, or otherwise use the Platform Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers or that otherwise infringes the Company's intellectual property rights. Without the prior written consent of the Company, modification of the materials, use of the materials on any other website or networked computer environment or use of the Platform Content on any other website 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 of the Company and its licensors and is prohibited. Any use of the Platform Content for which or pursuant to which you receive or intend to receive any remuneration, whether monetary or otherwise, is a commercial use for the purposes of this clause. The Platform Content, despite efforts of the Company, may contain inaccuracies or typographical errors. the Company makes no representations about the accuracy, reliability, completeness or timelines of the Platform Content. The use of the Platform Content is at your own risk. Changes are periodically made to the Platform and may be made at any time. This Platform may contain content provided by third parties. The responsibility for such content is solely that of the respective authors/contributors/posters/vendors and is not necessarily endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the content provided by such authors/contributors/posters/vendors in any section of this Platform. Further, the accuracy of the Platform Content has not been verified by the Company and we provide no warranties of the same. If you seek to rely on any representation of information contained on this Platform, any such reliance shall be at your own risk.

 

  1. 4. Orders and Specifications

4.1 The Company offers, and facilitates the listing, exhibition and offering for sale of Products itself and/or by third party vendors, and provides registered Users of the Platform with an opportunity to purchase the Products through the Platform. A User may select Products, which the User wishes to purchase on the Platform by clicking the Product (s) and making an offer to purchase on the Platform. Our acceptance of your offer is subject to your eligibility to transact on the Platform and logging in or registering on the Platform.

4.2 You acknowledge and agree that the listing and display of a Product on the Platform shall be considered and construed as an invitation to offer or invitation to treat, and Company and/or its vendor shall not be considered to have made any binding offer in relation to the Product by merely listing the same on the Platform. The price set out against a listed Product may be subject to revision on account of taxes, delivery charges, processing charges, exchange rate fluctuations and similar charges/amounts. You agree that by clicking on the Product, you shall be considered to have made an offer to purchase such Product to the Company, or the corresponding vendor who has listed the Product through the Platform. The Company and/or the vendor shall thereafter determine if they can accept and fulfil the offer, based on availability and serviceability of the stated delivery address and other matters affecting their ability to deliver the Product to you and shall provide you with a final offer of sale for the selected Product, which will be displayed on the Platform. Upon acceptance of the Company’s and/or the vendor’s final offer by you, your order for the Product(“Order”) shall be considered confirmed and will constitute a binding commitment on your part to purchase the Product (“Order Confirmation”).Orders are only cancellable as per the Returns and Cancellation policy of the Company provided below.The maximum cart value on the Platform per transaction is capped at INR 30,000/- (Indian Rupees Thirty Thousand Only).

4.3 The Order Confirmation shall be notified to you through the email address registered with the Platform account employed to make the purchase, and will contain details of your Order, the price and an estimate of the delivery time for the Order. In the unlikely event of an error in the Order Confirmation, it is your responsibility to contact us and notify us of such error or mistake with the Order as soon as reasonably practicable and in no event after 24 hours from the issue of the Order Confirmation. Failure to do so may lead to the incorrect Order being sent out to you.

4.4 The timeline of shipment and the delivery of the Product shall be notified to you on the Product page or in the Order Confirmation notification. The delivery of the Product will be arranged by the Company’s/vendor’s service provider at your mentioned address. The delivery of the Products is only available in the Republic of India (“Territory”). The serviceability and delivery of each Product in your specific location in the Territory shall be notified to you at the time of purchase of the Product. In case the delivery fails due to your absence or failure to connect/cooperate with the service provider, the service provider shall attempt two (2) more times to complete the delivery of the Product in coordination with you and with your reasonable cooperation. In case, such subsequent two (2) attempts to deliver also fail, then the Product shall be considered as undelivered (“Undelivered Product”) and your Order shall be cancelled. The refund of any payment made by you on the Platform for the Undelivered Product shall be as per the Returns and Cancellation policy of the Company explained below.

4.5 You acknowledge and agree that some Products on the Platforms may be out of stock for a certain period of time (“Out of Stock Product”).At the sole discretion of the Company you may get an option to click on the Out of Stock Product, and make an offer to purchase such Out of Stock Product from the Company, or the applicable vendor who has listed the Out of Stock Product through the Platform. The Company and/or the vendor shall thereafter determine if they can accept and fulfil the offer, based on availability and serviceability of the stated delivery address and other matters affecting their ability to deliver the Out of Stock Product to you and shall provide you with a final offer of sale for the selected Out of Stock Product, which will be displayed on the Platform. Upon acceptance of the Company’s and/or the vendor’s final offer by you, your order for the Out of Stock Product ("Pre Order”) shall be considered confirmed and will constitute a binding commitment on your part to purchase the Out of Stock Product (“Pre-Order Confirmation”).Any Pre Order shall be delivered to you within four (4) weeks of the Pre-Order Confirmation. You can only cancel the Pre-Order if it is not delivered to you by the Company within four (4) weeks from the date of Pre-Order Confirmation. In case of cancellation of any Pre-Order, the refund shall be as per the Returns and Cancellation policy of the Company explained below.

4.6 Please be aware that all Products offered for sale on the Platform are subject to availability. While the Company endeavours to ensure that Company and/or the vendors listing Products on the Platform display and describe as accurately as possible the printed colours on the Products, we cannot undertake to give any assurance that the colours supplied will match those displayed on your monitor or mobile telephone.

 

  1. 5. Returns and Cancellation

The following terms on returns and cancellation shall apply on the Platform unless otherwise expressly provided and disclosed by the Company and/or the vendor in relation to specific Product/s listed on the Platform.

5.1 Returns

Orders are non-returnable unless: (i) the Product is of a different size from the Order (“Size Variation”) or the Product is of different specification (“Wrong Product”), it being clarified that a minor variation in the colouration or colour-shade of the Product from the Order shall not be construed as constituting a difference in specification, or (ii) the Product suffers from a defect in workmanship or manufacture or the Product is delivered in a damaged condition or in an unsealed condition or with the tampering of any seals applied by the Company/vendor/manufacturer against the Product packaging (“Defective Product”).The masks sold on the Platform shall not be returned/exchanged by the Company and or the vendor.

In case of receipt of a Defective Product or Size Variation or a Wrong Product or if you do not receive the Product in the delivered Order (“Missing Product”) you may notify the Company through the Platform of the receipt of such Product, which notification shall be made against the Order ID under which the Product has been delivered. You agree to make such notification not later than seven (7) days from receipt of the Product. In case you fail to notify the Company of the aforementioned request within the seven (7) day period, you shall be considered to have unconditionally accepted the Product and no return notification of the Product shall be accepted thereafter. Upon receipt of the aforementioned notification within the timelines specified herein, the Company/vendor shall contact you and make reasonable enquiries to ascertain and verify the complaint against the Product. You shall only be entitled to make one return request against a Defective Product, for Size Variation or a Wrong Product or Missing Product.

Upon completion of verification, you will get an option to return the Product. After the receipt of the return request, the Company/vendor will arrange for a pick-up of the Product and shall provide you with options to schedule such pick-up. Upon confirmation of a pick-up option, you agree to make yourself available for the return of the Product to the Company’s/vendor’s service provider and shall return the Product in the same condition as received. The Company’s/vendor’s service provider may contact you in case of a rescheduling of the pick-up and you agree to reasonably cooperate with such rescheduling. In case a pick-up fails due to your absence or failure to return the Product in the same condition as received or any factor attributable to you, then the Company’s/vendor’s service provider shall attempt two (2) more times to complete the pick-up in coordination with you and with your reasonable cooperation. In case such subsequent two (2) attempts to complete the pick-up also fail due to your absence or failure to return the Product in the same condition as received or any factor attributable to you then you will be deemed to have accepted the Product as-is and the Company shall be under no obligation to accept or procure the return of the same, or refund any price or amount paid for the purchase of the same. You agree that the return will be processed only if the Company/vendor agrees:

  • The Product was not damaged while in your possession;

  • The Product is returned in the original condition in which it was shipped to you (with price tags, brand tags, packaging material and accessories therein); and

  • The Product is not different or dissimilar in any manner from what was shipped to you.

An image of the Product shall be required to be uploaded by you at the time of raising a notification for return in case of a Defective Product and Wrong Product or Size Variation as applicable.

In case of return of the Product for Size Variation, delivery of the Wrong Product or Missing Product, a new Order shall be generated in respect of the same Product for you after the receipt of the Product by the Company/vendor. In case of the return of a Defective Product, the amount paid by you for the Product shall be transferred back to the account from which payment was made within 7-10 days of the receipt of the Defective Product by the Company/vendor.

5.2 Cancellation

Once the Order has been confirmed through issuance of an Order Confirmation you can cancel the order by notifying the Company through the Platform of the receipt of such Product, which notification shall be made against the Order ID under which the Product has been delivered. You agree to make such notification no later than twenty four (24) hours from receipt of the Order Confirmation. In case you fail to notify the Company of the aforementioned request within the twenty hours (24) hours period, you shall be considered to have unconditionally accepted the Order and no cancellation request or notification of the Order shall be accepted thereafter. Upon receipt of a cancellation request within the timelines specified herein and if the Order is not already out for delivery, the Company/vendor shall contact you and make reasonable enquiries to ascertain and verify the reason for your cancellation of the Order.

The Company and/or the vendor reserves the right to cancel your Order at any time due to non-availability of the Product, restriction on sale of the Products due to change in law, suspicion of fraudulent activity or due to any other reason based on its sole discretion. If the Company/vendor cancels your Order or you cancel an Order before issuance of the Order Confirmation you will receive a refund of the amount into your source account or wallet within 7-10 days from the time of Order cancellation. You can however modify the shipping address of your Order before it has been processed or packed by updating your account information details.

In case of cancellation of any Order or Pre-Order, the amount paid for the Order or Pre-Order will be refunded to you as per Company’s discretion either as store credits equivalent to the amount paid by you or transferred back to the account from which payment was made by you within 7-10 days of the cancellation of the Order. The manner of refund shall be notified to you by the Company on cancellation of the Order or Pre-Order. The store credits are non-exchangeable/redeemable for cash and are non-transferable. The store credits can only be utilised for purchase of Products on the Platform.

In the event your Order is eligible for a refund, only the amount paid by you for such Order shall be transferred back to the account from which payment was made, or will be given to you in the form of store credits equivalent to the amount paid by you for such Order.

 

  1. 6. Pricing Information

The Company strives to provide accurate information with regard to the prices of Products on the Platform, however pricing errors or typographical errors may occur. With respect to the online retail store, the final price of the selected Product will be confirmed in the Company’s or the applicable vendor’s final offer to you and will be displayed on the Order confirmation page. All prices shall be listed in Indian Rupees (or its equivalent in the local currency, if offered by the Company) and are subject to change at the Company’s discretion.

 

  1. 7. Payment

All payments made for Products offered for sale on the Platform shall be through a third party payment gateway accessible from the Platform. In using the third party payment gateway you shall be subject to the terms of service and privacy policy of such service provider. The Company, in no way takes responsibility or liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of your interactions with the payment gateway or your inability to process a payment. In case your transaction fails at the time of placing an Order, and if your payment is debited from your account after a payment failure it will be credited back to the account from which payment was made within 7-10 days of the receipt of the intimation from the payment gateway about such payment failure. 

 

  1. 8.  User Representations

8.1 You hereby represent and warrant to the Company that as a User, you will not provide personal information that is not your own. The user account of any User found to be creating an account or providing information in proxy or in violation of the privacy rights of any other individual will be liable to be immediately terminated.

8.2 You further represent and warrant that, to the extent you decide to share personal or other information, you will not post or submit incomplete, false or inaccurate personal or other information.

8.3 You further represent and warrant to the Company that any information or documentation made available by you to the Company or on the Platform shall not constitute confidential information and that you are not bound by any confidentiality or non-disclosure obligations in relation to such information or documentation, and are permitted to share the same with third parties.

 

  1. 9.  Acceptable and Lawful Use

9.1 You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights

9.2 Any information provided by you on the Platform shall not be misleading in any way.

9.3 You may not post or transmit or engage in interactions on the Platform, if it in any way:

(a) Is violative of applicable law or is patently offensive to the general 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;

(b) Harasses or advocates harassment of another person, or solicits, or stalks another member on the Platform;

(c) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(d) Infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or publicity, such as unauthorized disclosure of a person's name, email address, physical address or phone number, or rights of publicity);

(e) Promotes an illegal or unauthorized copy of another person's copyrighted work;

(f) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(g) Provides instructional information about illegal activities such as making or buying illegal drugs, violating someone's privacy, or providing or creating computer viruses;

(h) Contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have obtained consent from the minor or his or her legal guardian);

(i) Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform as per your account category, or to profiles, journals, forums, feeds, account information, bulletins or other areas of the Platform or solicits passwords or personal identification information for commercial or unlawful purposes from other Users;

(j) Constitutes engagement in commercial activities and sales without the Company’s prior written consent. Throughout these Terms, the term Company’s "prior written consent" means a communication coming from the Company’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorisation;

(k) Contains viruses, time bombs, trojan horses, cancelbots, spiders, worms or other harmful or deleterious components or devices;

(l) Interferes with another user's use and enjoyment of the Platform;

(m) Refers to any website or URL that, in the sole discretion of the Company, contains material that is inappropriate for the Platform, contains content that would be prohibited, or violates the letter or spirit of these Terms; or

(n) Contains content whose dissemination to the public is restricted by law or relevant professional guidelines.

9.4 The Company specifically prohibits any unauthorized commercial use or other use of the Platform and the Products, and you agree not to do any of the following:

(a) Post content that contains links to any website competitive to the Company;

(b) Use the Company’s database of Users for any purpose other than the purposes for which the Products are sold, including but not limited to using the information in the database to sell or promote any products or services, or engage in data mining;

(c) Post or submit to the Platform any incomplete, false or inaccurate biographical information or information which is not their own;

(d) Delete or revise any material posted by any other person or entity;

(e) Take any action that imposes an unreasonable or disproportionately large load on the Platform’s or the Company’s infrastructure;

(f) Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform and search agents available from the Company on such Platform and other than generally available third party web browsers (e.g., Google Chrome, Microsoft Internet Explorer, Firefox, Safari); or

(g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Platform or the Products being sold.

9.5 You must use the Platform in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Platform, including without limitation, collecting usernames, contact details and/or email addresses of other Users by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Platform, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Platform, as well as attempting to gain unauthorized access to the Platform or exceeding the authorized access for your account category. In addition, all Users agree to comply with the provisions of any and all such laws, regulations or rules that may be enacted from time to time in India or such other jurisdictions as the Company chooses to operate in.

9.6 You shall not engage in any illegal conduct in respect of your interaction with other Users of the Platform, including any Users you may come in contact with through the Platform, whether such interaction is online or offline.

9.7 Your interaction with other Users of the Platform that you may come in contact with is at your sole and absolute discretion. Further, any offline interaction in response to any correspondence or dealings with other Users, or any information available on the Platform, is at your own risk. The Company shall in no manner be held responsible for the outcomes and consequences of any such interaction. The Company is not responsible for the conduct, whether online or offline, of any User of the Platform, including without limitation any illegal acts.

9.8 Without the prior written consent of the Company, you may not engage in advertising to, or solicitation of, other Users through the Platform to buy or sell any products or services. In general, in order to protect Users from such advertising or solicitation, the Company reserves the right, to be exercised at its sole and absolute discretion, delete any such user content uploaded, posted or transmitted in any way on the Platform.

9.9 You understand that the Company has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform and purchasing the Products) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, the Company can (and you hereby expressly authorize it to) disclose any information about you, upon request, to law enforcement agencies or other government officials, as necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

9.10 The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Platform including but not limited to any public forums, reviews, feeds or journals. The Company shall have the right to remove or edit any Platform Content and user content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. In no event shall the Company assume or have any responsibility or liability for any Platform Content posted or for any claims, damages or losses resulting from use of such Platform Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all data you provide and all information it contains and that such data and information shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

9.11 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform including payment and delivery of related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

9.12 It is possible that other persons (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to their use of the Platform, and that the recipient may use such information to harass or injure you. The Company does not approve of such unauthorized uses, but by using the Platform, and/or purchasing the Products, you acknowledge and agree that the Company is not responsible for the use of any personal information that you disclose on the Platform. You are advised to carefully select the type of information that you wish to disclose on the Platform.

9.13 You acknowledge, agree and understand that in the event that you wish to deactivate, suspend or delete your account from the Platform, the information posted or submitted on the Platform, may be stored in the Company system for auditing and legal compliance purposes, or for the purpose of any research, provided that no sensitive personal information will be publicly disclosed except in accordance with these Terms and the terms of the Company’s Privacy Policy.

9.14 In the event of breach or non-compliance by you of any of the aforesaid terms, the Company may, in its sole and absolute discretion, restrict, cancel or terminate your ability to access the Platform and/or your subsisting Orders for Products, and determine whether to take any other actions.

 

  1. 10. Warranty and Liability Disclaimer

10.1 The Company and its merchandising vendors are constantly endeavouring to improve the quality of the Products offered for sale. Due to this, the form and nature of the Products provided may change from time to time without any prior notice to you. The Company reserves the right to introduce and initiate new features, functionalities, components to the Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, the Company is entitled to discontinue (either permanently or temporarily) one or more of the Products listed or terminate the Platform without any prior notice to you. The Company may also prescribe certain limits on the use of the Platform and/or purchase of Products at its sole discretion without any prior notice to you while at all times complying with the Company’s Privacy Policy. In consideration for the Company granting you access to and use of the Platform and purchasing the Products, you agree that the Company and its third party vendors, providers and partners may place such advertising on the Platform or in connection with the display of Platform Content, whether submitted by them or others.

10.2 The Platform, Products, all the materials and services, included on or otherwise made available to you through this Platform is provided by the Company on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, the Company does not warrant that:

(a) This Platform will be constantly available, or available at all; or

(b) The information on this Platform is complete, true, accurate or not misleading.

10.3 The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement of the Platform, Platform Content and/or Products. The Company expressly disclaims 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, exhibited or displayed or transacted on the Platform. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Platform Content, services, software, text, graphics and links.

10.4 As a User, you acknowledge that you are accessing the Platform and transacting on the Platform at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform. You further acknowledge and agree that you will use the Platform to order Products only for your personal use and not for business purposes. The Company shall neither be liable nor responsible for any actions or inactions of vendors nor any breach of conditions, representations or warranties by the vendors or manufacturers of the Products and hereby expressly disclaims any and all responsibility and liability in that regard. The Company shall not mediate or resolve any dispute or disagreement between you and the vendors or manufacturers of the Products.

10.5 The Company does not warrant that the Platform, the Platform Content, materials or information included on or otherwise made available to you through this Platform; their servers; or electronic communication sent from and/or by the Company are free of viruses or other harmful components. Nothing on this Platform constitutes, or is meant to constitute, advice of any kind.

 

  1. 11.  Accuracy of Information

11.1 The general information on this Platform has been compiled by the Company or contributed by vendors or other Users of the Platform, from various sources including from external sources. No representation is made, or warranty given as to the completeness or accuracy of such information. The Platform and Platform Content despite the best efforts of the Company, may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timelines of the Platform and the Platform Content. The use of the Platform and Platform Content is at your own risk. The Company reserves the right to make changes to the Platform Content and information on the Platform, or to the services described therein, or to update such information at any time without notice, but the Company makes no commitment to correct or update this information.

11.2 You acknowledge that this Platform and certain advertisements hosted on the Platform as well as the Platform Content may contain links provided by third parties or links to third party websites. Any website, information or services accessed by or as a result of following such third-party links is at your sole risk and is subject to the policies and regulations adopted by the third party. The content viewed through any third-party links is not endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the content provided by such third-party links. Further, the accuracy of the content provided through third party links has not been verified by the Company and the Company provides no warranties with respect to such content. Any information collected on websites visited through such third-party links is subject to the privacy policies of such third-party websites and the Company shall not be responsible for any use of such information by third parties.

11.3 You agree to provide accurate information concerning your name, contact details and address and to keep the same updated in a timely manner. Neither the Company nor its vendors and their respective service providers shall be liable or responsible for any failure to complete the delivery of an Order on account any deficiencies or errors in information provided by you, including but not limited to: any inability to deliver an ordered Product to you due to the provision of an incorrect address, inability to contact you due the provision of incorrect contact information or inability to verify the recipient’s identity due to the provision of an incorrect name.

 

  1. 12. Indemnification

You represent, warrant and covenant (a) that no content posted or transmitted by you on the Platform will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) You hereby agree to indemnify, defend and hold harmless the Company and all of the Company’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants, or the conduct of other Users of the Platform, whether online or offline. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall cooperate as fully as reasonably required in the defense of any such claim.

 

  1. 13. Termination

The Company retains the right to deny access to the Platform and/or refuse the sale of Products to anyone who it believes has violated or is reasonably likely to violate any of these Terms or does not accept these Terms. In the event that you choose to terminate and delete your user account with the Company, or if your account has been terminated for any other reason, such as a violation of these Terms, you acknowledge and understand that the Company reserves the right to, at its sole discretion, either continue to display, or delete, content that you may have posted or uploaded to the Platform, and the Company has no obligation to maintain, store, delete or transfer to you, any such User Content that you may have posted or uploaded to the Platform.

 

  1. 14. Infringement Notification

If you believe in good faith that any Products or Platform Content or material posted or otherwise made accessible on this Platform, violate these terms and conditions, or is prohibited or restricted by applicable laws, rules and regulations, please compile the following information and email it to the Company at shop-cs@fanode.com , and which email shall contain the following information:

  • (a) A clear identification of the allegedly prohibited/unlawful material on the Platform.

  • (b) Your contact details: name, address, e-mail address and phone number;

  • (c) In case of an alleged violation of proprietary rights (including copyright, trade-mark, personality or privacy rights): a statement that you believe, in good faith, that the use of the proprietary material allegedly infringed on the website is not authorized by you or your agent or the law;

  • (d) A statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and

  • (e) A statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorized to act on your behalf.

The email notification provided by you hereunder shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms by the Platform Content.

In such an event, the Company may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Products or Platform Content violate these terms and conditions or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any mala fide use of the notification process set out above, the Company reserves the right to restrict your access to the Platform.

In the event that you wish the Company to disable access to any Products/ Platform Content or to remove/take-down any such content from the Platform, in addition to the email notification set out above, you shall provide and attach a court order from a competent court or other lawful order directing the removal or disabling of access to such Platform Content to the email notification provided hereunder and provide the Company with the original execution copy of such order.

 

  1. 15. Abuse Notification

If you believe in good faith that any Products/ Platform Content posted or otherwise made accessible on the Platform, or any online or offline conduct of any User violates these Terms, or is prohibited or restricted by applicable laws, rules and regulations, or is abusive or threatens and harms other Users of the Platform, you may notify us at shop-cs@fancode.com . In such an event, the Company may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Products/ Platform Content, or user conduct violates these Terms or is otherwise abusive, and may take such action it deems appropriate. If you resort to any malafide use of such notification, the Company reserves the right to restrict your access to the Platform.

 

  1. 16. Information Gathered and Tracked

Information submitted through all feedback forms on the Platform is stored in a database. Specifically, we store the name, e-mail address, and contact number of visitors to our Platform who wish to receive certain free services from the Company, including but not limited to information regarding the release of new product lines and any special offers on the Platform and/or the Products. We also use such information to send out occasional promotional materials, including alerts on new Products available. We guarantee that personal information about Users will not be provided to any third party without their consent.

 

  1. 17. Applicable Law

The Platform, including the Platform Content and information contained herein, shall be governed by the laws of the Republic of India and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.