In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that you have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with any other policies on the website.
- The website "www.fabforma.com" (also, the "Platform") is owned and operated by Fabforma Technologies Private Limited, a Private limited company incorporated under the provisions of the Companies Act, 2013, and having its registered office at #1101, 3rd Floor, 24th Main, JP Nagar 1st Phase, Bangalore - 560078, Karnataka, India, (hereinafter, the "Company" or "Fabforma" where such expression shall, unless repugnant to the context thereof, be deemed to include its parent and subsidiary entities, respective legal, representatives, administrators, permitted assigns). "Fabforma" and the logo "Fabforma - 'The 3D Print Ecosystem'" are trademarks of the Company and may not be copied or used in any manner without the written permission of the Company.
- The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
- In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Platform.
- "We", "Us", "Our", "Platform", "Fabforma", shall mean the Platform and/or the Company, depending on the context;
- "You", "Your" or "User" shall mean any natural or legal person who has agreed to become a user of the Platform by signing up to the Platform. The Platform also provides certain services without registration/acceptance, including without limitation, browsing the Platform, and such usage of the Platform/provision of services does not absolve you of this contractual relationship;
- "Services" shall mean and refer to all the services, including but not limited to, 3D Printing Service, 3D Design Service and 3D Scanning Service, which are provided by Fabforma on the Platform and which a User can avail from Fabforma, on the Platform;
- "Buyer" shall mean any User who shall utilize the Platform to request and avail the Services from Fabforma;
- "Third Party" shall mean and refer to any legal entity or person apart from the Company and the User/Buyer;
- "Service Contract" shall mean a contract between a Buyer and Fabforma, for a particular project or set of ongoing tasks, for which a Buyer has made payment to Fabforma and Fabforma has agreed to provide the Services to the Buyer;
- "Content" means text, graphics, images, drawings, music, software, 3D models, audio, video, information or other materials;
- "Enquiry" shall mean the submission of project requirements by a Buyer to Fabforma, before placing an Order and availing the Services from Fabforma and which Enquiry shall be specifically designated by an Enquiry number generated by the Platform;
- "Order" shall mean availing of the Services by a Buyer on Fabforma, by making payment to Fabforma and which Order shall be specifically designated by an Order number generated by the Platform;
- "Active Order" shall mean an Order on Fabforma for which the Buyer has made payment (either partial or in whole) and the Order has not yet been completed on the Platform;
- "Tax" or "Taxes" shall mean any value added taxes (VAT), central sales taxes (CST), service taxes, goods and services taxes (GST), excise duties, custom duties, fees that Fabforma may be required by law to collect and remit to government authorities, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes;
- "Domestic Order" shall mean any Order where the Buyer is located within India and the payment has been received by Fabforma in Indian Rupees only;
- "International Order" shall mean an Order where the Buyer is located outside India and the payment has been received by Fabforma in convertible foreign currency only;
- "Effective Date" shall mean the date on which the Users start accessing and using the Platform;
- "Party" & "Parties" shall respectively be used to refer to a User and the Company/Platform individually and collectively, as the context so requires.
The Platform is a venue where Buyers can purchase goods / avail various Services, including but not limited to, 3D Printing Service, 3D Design Service and 3D Scanning Service, from Fabforma. The Platform has been created for Fabforma's Buyers to help them easily and conveniently place their Enquiries and Orders with Fabforma while also enabling them to track the progress of their Orders on the Platform itself.
- The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
- If you are accessing the Platform from outside the territory of India, then you must be competent to contract as per the local laws of your location.
Fabforma takes care and tries to ensure that the information available on the Platform to its Users is authentic and accurate. However, you understand and agree that Fabforma is not responsible for any other Party's Content or any kind of information belonging to a Third Party, made available to Users on the Platform. All information provided by Buyers, including their project information, are self-declared and may not be verified by the Company/Platform and you acknowledge and agree that your submission and use of all such Content shall be at your own risk and Fabforma is not responsible for any kind of damages you or any other Party might suffer due to your Content.
All the various Content on the Platform are the property of the respective owners or their licensors. Fabforma claims no ownership rights over any of the Content, including their project information, submitted by the Users on Fabforma.
Please go through our Intellectual Property Policy section to get a better understanding of the policies that are applicable with respect to Your Content on Fabforma.
To fully access the Platform and use it to avail the Services, an account registration is required by a User. Certain features of the Website may not be accessible to Users who have not created an account. As a User, you must register and operate only a single account on the Platform and the name associated with your account must be your real name.
To create an account successfully on Fabforma, You will be required to provide information such as your complete name, email address, phone number. You will provide true, correct and updated data during registration (and also anytime after a successful registration, whenever required), data which is not illegal, unauthorized or misleading to Fabforma. You are solely responsible for the accuracy, authenticity, legality of all the information that you provide on the Platform. Fabforma has the authority to limit, modify or remove Content from your User account so as to keep the Content in line with the Terms of the Website. You also authorize Fabforma to store and verify any information provided by you so as to safeguard the interests of all Users of the Platform, including Fabforma's interests.
Third Party Social Network Login
We also allow you to register and subsequently login anytime to the platform through third party social networks such as Facebook and Google. For this you acknowledge and agree that you are entitled to disclose your third party account information such as User Name, Full Name, E-mail Address and Phone Number. All the terms applicable for User registration through Fabforma will also be applicable to User registration through the aforementioned third party social networks.
User Queries:Users may interact with Fabforma before placing an Enquiry or an Order with them. While Fabforma tries to ensure that the Enquiries and any other general queries related to the Services are resolved and replied to at the earliest, it cannot guarantee that the User will get a reply for their communications posted on the Platform.
Your Project Content:
- You are encouraged to provide as much details as may be possible with respect to your projects, at the time of submitting your Enquiries to Fabforma. You may be restricted from submitting your Enquiries on the Platform unless all the requisite details have been provided by you. You understand and agree that you may also be asked for more information by Fabforma even after you have successfully submitted your Enquiry and that Fabforma may not be in a position to provide you with an accurate quotation until and unless you provide all the necessary details.
Buyers of 3D Printing Services understand and agree that Fabforma may be unable to provide them with a quotation if we discover that the 3D model supplied to us is non-3D printable due to errors/flaws in the 3D model. For such cases, Fabforma may a) repair the 3D model and fix errors for successful printing b) ask the Buyer to submit a model which is error-free c) get the 3D model fixed by one of Fabforma's suppliers d) in extreme cases, even cancel the Enquiry.
The Buyer shall grant his/her permissions to Fabforma to repair the 3D model and to fix any errors, so that Fabforma can provide the Buyer a correct quotation and also proceed to print the 3D model in an error-free manner, if the Buyer decides to avail the Services.
Buyers understand and acknowledge that Fabforma is under no obligation to offer the Services to a Buyer but if we choose to send a quotation to the Buyer for an Enquiry received, then it is understood by the Buyer that Fabforma is interested in rendering their Services to the Buyer. The Buyer may then avail the Services from Fabforma by making payments against the quotation either immediately or sometime later.
A few considerations for the Buyer that arise in case he/she decides to make payment at a later date :
- The Buyer understands and agrees that the quotation that is received from Fabforma is bound by time and that it may not be valid beyond a certain period of time. If the validity period of the quotation is expressly mentioned by Fabforma, then the onus is on the Buyer to ascertain the validity of the quotation with Fabforma, beyond the expiry date, before the Buyer makes any payments to Fabforma against the quotation;
- The Buyer also understands and agrees that the Services and facilities of Fabforma may be unavailable, for various reasons, to start the project immediately, upon receiving the Buyer's Order confirmation and that the onus is on the Buyer to check the availability of the Services, through proper communications with Fabforma on the platform, before the Buyer makes any payments to Fabforma against the quotation.
Before making payments against a quotation received from Fabforma, the Buyer is responsible for a few actions on his/her part:
- Confirmation of the final project details as per the Buyer's requirements (which may be either the original or the modified requirements);
- ii. Understanding and agreeing to all the policies of Fabforma with respect to the Services being availed;
- Understanding and agreeing to all the additional project terms, if any;
- Ensuring that the Buyer is paying only for those Services that he/she may have requested as part of the Enquiry and which Fabforma has agreed to provide to the Buyer;
Enquiry Cancellations: If there is no active participation from the Buyer in the Enquiry, for a continuous period of 30 days, then the Enquiry shall get cancelled automatically on the Platform.
Pricing of the Services is Fabforma's responsibility and Fabforma takes care to always ensure transparency and clarity in the prices submitted to Buyers. Buyers acknowledge and agree that, post payment to Fabforma for a project / Order, the prices for a project are fixed permanently and cannot be re-negotiated by any Party.
- Fabforma undertakes only "fixed-price" projects and will not submit time-based, variable charges to Buyers. In order to receive a fixed-price quotation from Fabforma, Buyers acknowledge and agree that they will not be able to place an Enquiry for their projects unless they provide all the mandatory information related to their requirements. Buyers understand and agree that the more details of their projects they provide, the more clarity and transparency there shall be in any ensuing transactions between Fabforma and them.
- Also, the prices of your Orders shall not be altered by anyone unless and until you make modifications or additions to your project requirements on the Platform and such changes result in a price alteration which is mutually agreed to, in written, by both you and Fabforma, on the Platform.
- Users understand that Fabforma takes all necessary measures to ensure that there are no errors / discrepancies in the prices displayed on the Platform. However, some errors or inconsistencies may arise in the displayed prices owing to system/software errors on the Platform, which Fabforma shall rectify, whenever such errors arise.
- The Company and the Platform has the authority to set the minimum and maximum levels of transaction charges for all Orders that are placed on the Platform so as to protect the interests of all its Users and to ensure compliance with all related Government regulations.
Buyers understand and agree that they will not be able to place an Order for their projects until and unless they make the required payments on the Platform. It is the responsibility of the Buyer to honour all their payment obligations with respect to an Order, as and when such obligations arise. Buyers also understand and agree that until an Order is created on Fabforma for their project, Fabforma shall not begin work on their project.
MODE OF PAYMENT
To place a valid Order on the Platform, the Buyer is required to make payment to Fabforma, either wholly or partially, as per the payment terms of Fabforma, for the Services opted for.
- Buyers shall make all payments relating to, or in any way connected with, an Order either through the payment facilities provided on the Platform or directly through NEFT / IMPS modes of transfer.
- Fabforma may change or add such Third-Party payment processors, anytime, on the Platform;
- You agree and authorize Fabforma to deduct from Your Credit Card account any amount that is due on your behalf for the Services availed through the Platform.
- All Users acknowledge and agree that Fabforma shall not be held responsible for failures or any kind of errors in the processing of your payments by such Third-Party payment Service Providers. Also, Fabforma will not be responsible for any financial losses to you arising out of the payment processing on the Platform. However, on a best-effort basis, Fabforma shall assist its Buyers to resolve and rectify such errors in a timely manner, as and when they arise.
All Users acknowledge and agree that:
- Unless explicitly mentioned on the Platform before Buyers proceed to make payments for the Services, Buyers shall be required to pay the entire amount payable towards an Order at the time of placing the Order with Fabforma;
- Order Values on Fabforma shall be inclusive of all taxes, cesses, surcharges, etc., whenever applicable, and you shall be responsible for paying all such applicable taxes, cesses, surcharges, etc. Levied by Fabforma for the Services to You on Fabforma;
Buyers can make payment on the Platform only in currencies subject to the list of currencies mentioned in Annexure A.
-> For Domestic Orders, all payments shall compulsorily be in Indian Rupees only;
-> For International Orders, payments shall be in foreign currency only, subject to the list of acceptable foreign currencies mentioned in Annexure A.
- Fabforma cannot control any fees that may be charged to you by your bank in relation to Fabforma's receiving of the Order payments, and Fabforma disclaims all liability in this regard;
- Fabforma will not be liable for any losses, damages, interests or claims resulting from unsuccessful transactions or any delays in the processing of a transaction. However, Fabforma will take all necessary steps to rectify any payment processing errors that Fabforma becomes aware of;
- Buyers shall be solely responsible for compliance with all applicable laws including those in India for making payments to Fabforma;
- Fabforma reserves the sole right to modify the payment terms on Fabforma at any time. However, such changes, if and when implemented, shall not be applicable to your Orders on Fabforma which are in an 'Active' or an open status;
- You must compulsorily provide a foreign billing address and make your payments in foreign currency only.
- If you are using any other currency to pay, other than the acceptable currencies mentioned in Annexure A, you acknowledge and agree that some conversion charges may be applied by the Third-Party payment processors or your financial institution and in such cases and you agree to bear such currency conversion charges. You also acknowledge that Fabforma has no control over the applicable currency conversion rates as well as the conversion fees charged by your financial institution or the Third-Party payment processors;
- Upon the successful completion of an Order with Fabforma, the Buyer shall be provided with an invoice by Fabforma. A copy of the invoice shall be made available to the Buyer on the platform and / or through email;
- By default, all taxes, whenever applicable, shall be shown separately on all your invoices.
- For Domestic Orders, the invoices shall always be in Indian Rupees only whereas for International Orders, the invoices shall always be in foreign currency only, subject to the list of acceptable currencies mentioned in Annexure A.
- If Buyers require their tax registration numbers to be included in their invoices for their tax related purposes, then it is solely the Buyer's responsibility to submit all such information as part of their account details on the Platform.
- All Users acknowledge and agree that Fabforma shall not be held responsible if Users provide incorrect, false, invalid, misleading information on the Platform, which is to be included by Fabforma in their invoices
As a Buyer on Fabforma, you understand and agree that when you avail any Service for your projects by successfully making payment to Fabforma, you are entering into a contract (Service Contract) with Fabforma, for the respective project. Both you as well as Fabforma shall be bound by the terms and conditions of the Service Contracts, as and when such contracts are established.
COMPOSITION OF THE SERVICE CONTRACTS
- All the final project details which include all Buyer-supplied project information and any modifications, alterations and additions to the project details on the Platform by the Buyer;
- The quotation provided by Fabforma against which the Buyer has made payment, either partial or complete, on Fabforma;
- All payment terms with respect to the Services being availed by the Buyer and which the Buyer must strictly adhere to always;
- The estimated project duration which has been mutually agreed to, by both the Buyer and Fabforma;
- The Policies of Fabforma with respect to the Services being availed by the Buyer and also all additional Project Terms, if any, stated by Fabforma and which have been mutually agreed to by both the Buyer and Fabforma;
- All communications on the Platform between the Buyer and Fabforma for the project, either before or after the Buyer makes payment and places an Order on the Platform;
- Any and all additional terms that the Buyer and Fabforma may agree to, on the Platform only, for the project, even if such terms are materially different from the Original terms of the Service Contract.
You also agree that Fabforma may send you notifications related to (i) processing your Enquiries (ii) processing your Orders (iii) obtaining your Feedback for your use of our Services (iv) your account activity on Fabforma.
You may also be contacted by Third Parties with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by us. Such contact shall be made only in pursuance of such objectives and services and no other calls shall be made.
- We welcome your suggestions and comments, your honest feedback and reviews regarding your experience using the Platform and Fabforma's Services. Any comments, ideas, suggestions, initiation, or any other content you contribute to the Platform or to the Company (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.
- You shall adhere to the following terms at all times while submitting or posting any Content on the Platform:
- No obscene, vulgar, lewd or offensive content will be shared;
- No plagiarized content will be shared;
- No racist, misleading, defamatory or offensive content shall be shared on the website which has the capacity to hurt or harm another party;
Transactions on the Platform are secure and protected. Any information entered by the User when transacting on the Platform is encrypted by the Payment Processor to protect the User against unintentional disclosure to third parties. The User's credit and debit card or net banking information is not received, stored by or retained by the Platform in any manner. This information is supplied by the User directly to the relevant Payment Processor which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The User takes full responsibility for payment of all taxes and statutory levies (if applicable) that are levied or arise in the course of use of the Platform and availing the Services.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives us the right to permanently suspend your account and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us.
- You hereby certify that you are at least 18years of age;
- You hereby agree to provide genuine credentials during the process of registration for the Platform. You agree to ensure the email address and phone number provided in your account registration is valid at all times and shall keep your contact information accurate, authentic and up-to-date;
- You will not use a fictitious identity or impersonate any person or entity to register on the Website. Moreover, you will not disseminate any information through the Platform (your user account information, communications, etc.) that is false, inaccurate, unprofessional, inappropriate, objectionable or misleading to Users on Fabforma;
- You will not register for more than one account on Fabforma or register for an account on behalf of an individual or business entity other than yourself (or unless you are authorized by the business entity);
- You agree that it is you who is responsible for the privacy, safety and confidentiality of your account. You will not share your password with anyone and you will be responsible in case somebody else gains access to your password;
- You will not act in an unlawful, obscene, discriminatory, dishonest, unprofessional or otherwise objectionable manner;
- You agree to comply with all local, state, national international laws and regulations and Tax obligations governing the use of the Website, including, without limitation to, any usage rules set forth in these Terms;
- The Platform must not be used by you for any kind of criminal, illegal activity, or any kind of fraudulent activity;
- You will not bypass, override, impair, tamper with any security measures, checks and features of the Website or even access to any such measures and features of the Website;
- You will not use the Platform in any manner or engage in any activity that may impair, overburden, damage, disrupt, disable or otherwise compromise (i) the Platform or any linked websites; (ii) any other Party's use and enjoyment of the Platform; or (iii) the Services and products of any Third Party on the Platform;
- You will not post or use our Platform in connection with unsolicited or unauthorized advertisements, junk/spam email or any other form of unauthorized solicitation;
- You will not submit, upload or distribute any Content that a) contains explicit profanity, violence, nudity, sexually suggestive content, illegal, offensive, false, misleading and defamatory materials b) contains viruses, corrupted files, harmful code or any other similar software, programs or technology that may interfere with, compromise or damage the operation of the Platform;
- You will not collect, cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information (including all Service Profiles), feature or software obtained from the Platform or even access to the Platform, for any purpose except those which are expressly permitted by these Terms, without the prior permission of Fabforma;
- You will not access (or attempt to access) the Platform and/or the Platform Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform is prohibited;
- You will not use the Platform in any way that otherwise violates the privacy rights of Fabforma, users of the Platform or any other Third Party; You will not collect, store, distribute, post, any personal information about any user other than for the purpose of availing or rendering your Services on Fabforma;
- You will not infringe, misappropriate or violate the rights of any person or entity, including but not limited to, their intellectual property or any other proprietary rights, privacy rights, etc;
- You shall be responsible for all electronic communications and Content sent by you to Fabforma or posted/uploaded by You on the Platform;
- You will not violate any part of the Intellectual Property Policy set forth by Fabforma, as part of these Terms, for all its Users;
- It is expected that Buyers will always honour the Service Contract they enter into for any project on Fabforma;
- Buyers will respond promptly to all communications with and requests for information from Fabforma;
- You agree to make no representations or warranties or enter into any contracts on behalf of Fabforma. Furthermore, you will not make any kind of representations, implied or expressly, that you are endorsed or affiliated with Fabforma;
- You recognize, acknowledge and agree that you are not an employee of Fabforma and that Fabforma does not, in any way, supervise, direct, or control your work or Services;
- You will not deal (purchase, sell, produce, procure, etc.) with any illegal or prohibited goods and Services on Fabforma. For the list of prohibited goods and services on Fabforma, please refer Annexure B;
- All Users are to comply with all laws applicable to them or to their activities, and with all posted terms and conditions stated in these Terms. These Terms may be modified from time to time at Fabforma's discretion, and the currently effective terms and conditions will be deemed to be part of these Terms;
- Fabforma shall reasonably maintain the Platform and Platform Services and shall on reasonable efforts basis provide support for its Services and other services and products comprising Fabforma's business;
- Fabforma shall ensure that it has or procures adequate technology as necessary to maintain the Platform
- Fabforma shall reasonably maintain the registration of the domain name in relation to the Platform during the term of its Platform Services at its own cost, free from any and all encumbrances, including encumbrances which may lead to any adverse effect on Fabforma's registration of the domain name or its use of the Platform;
- Fabforma shall reasonably maintain appropriate contracts with Payment Processors or any other Third Party so as to process payments to and from Users and to generally provide Payment Facilitation Services on Fabforma; Fabforma shall comply with all applicable laws and regulations with regards to the same;
- Fabforma shall honour its obligations and duties under the Service Contracts it enters into with its Buyers;
- Collection and duly discharge of all Taxes applicable to Fabforma and all other legal and government obligations and responsibilities with regard to the same;
- Fabforma shall comply with all applicable laws in the performance of its obligations and the exercise of its rights under these Terms.
Please go through our Intellectual Property Rights
carefully since it is an integral part of these Terms. It is where you will find all information related to the rights and ownership of
- Your Content on the Platform;
- Fabforma's Content; and
- All Your project related information on the Platform.
- Confidential Information shall mean any information disclosed by the Buyer on the Platform, related to the Buyer's project. However, Confidential Information shall not include information that:
- is now or subsequently becomes publicly known through no wrongful act or omission of Fabforma or anyone to whom it discloses such information;
- Fabforma can demonstrate by its written records to have had rightfully in its possession, without any obligation of confidentiality;
- Fabforma can demonstrate by its written records to have been independently developed.
- Fabforma acknowledges that certain information disclosed by a Buyer may be confidential and, if so, must be protected. Fabforma shall use the Confidential Information solely for and in connection with the purpose of providing its Services to the Buyer. All Confidential Information and its embodiments and derivatives shall remain the sole and exclusive property of the Buyer or its licensors;
- Buyers acknowledge and agree that Fabforma may disclose the Confidential information only to its employees, affiliates, agents, contractors on a need-to-know basis in order to provide its Services to the Buyer and to complete the project and only if such employees, affiliates, agents or contractors have executed similar written non-disclosure agreements with Fabforma;
- If the Buyer wishes to enter into a formal Non-Disclosure Agreement with Fabforma for their projects with Fabforma, then the Buyer shall make use of the Non-Disclosure Agreement template provided to them by Fabforma;
- Except as otherwise expressly stated on the Platform, all Services offered on the Platform are offered on an "as is" basis without any warranty whatsoever, either express or implied;
- The User agrees and undertakes that he/she is accessing the Platform and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any Product or availing any Service on the Platform, or accessing/using any information displayed thereon;
- Fabforma accepts no liability for any errors or omissions, whether on behalf of itself or any Third Parties, or for any damage caused to the User, the User's belongings, or any Third Party, resulting from the use or misuse of any Product purchased or Service availed of by the User from the Platform;
- The User agrees that any kind of information, resources, activities, recommendations obtained/availed from website/application, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these;
- Fabforma does not guarantee that the functions and Services provided through and by the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of Internet delays, viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Platform;
- Fabforma may avail services from Third Parties to serve you better and these services will be provided on "as is" basis and Fabforma disclaims any liabilities resulting from these Third Parties' services;
- The Users understand and agree that the Platform may not be able to store and make accessible to the Users, for an indefinite period of time, their project related information and history, on the Platform. Users are advised to keep a copy of their project information, accessible to them on the Platform, with themselves, as and when such project related information becomes available to them, for their future reference and use;
- It is further agreed to by the Parties that the contents of this Section shall survive any termination or expiry of the Terms and/or Policy.
- In no event, including but not limited to negligence, shall Fabforma, or any of its directors, officers, employees, agents, contractors, third party partners, licensors or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use the Platform, the Services, User's Content, lost revenues or lost business.
- The Platform accepts no liability for any errors or omissions, whether on behalf of itself or Third Parties, or for any damage caused to the User, the User's belongings, or any Third Party, resulting from the use or misuse of the Platform or any product purchased or Service availed of by the User through the Platform. The Services and any content or material displayed on the Platform is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
- The Platform can be used in all countries worldwide. We make no representation that materials or Content available through our Platform is appropriate or available for use in all countries worldwide.
- If you access or use the Platform from a country or location where it is not appropriate or available, you are solely responsible for compliance with all necessary laws and regulations for use of the Platform.
Fabforma may provide links on its Platform to certain other websites, which belong to Third Parties. You acknowledge and agree that Fabforma is not responsible or liable for your use of any such websites in any manner. Neither does Fabforma take any kind of responsibility or liability for the accuracy, content, actions, products and services of any such websites and Third-Parties.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Platform for any purpose whatsoever.
A User may terminate his/her use of the Platform at any time. However, the User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of any transaction or Service Contract that the User has agreed to be a part of, through the Platform.
The Company/Platform reserves the right, in its sole discretion, to unilaterally terminate a User's access to the Platform, or any portion thereof, at any time, without notice or cause. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
In the event of termination, you cannot access your account or even use the Platform for any purpose. Any refund or cancellation requests shall be subject to the Refund and Cancellation Policy on the Platform.
Termination of this Agreement shall not relieve any Party of any of its obligations or liabilities and shall not affect the rights and remedies of a Party, which have accrued prior to the date of termination.
You understand that the Platform is under no obligation to return (or delete) any Content that you submitted on the Platform, after termination. All sections relating to limitation of liability, intellectual property rights and complaints, indemnification and dispute resolution shall continue to remain in full force and effect indefinitely, even after any termination of these Terms.
- Fabforma may amend these Terms, including all attached annexures, Policies at any time by posting a revised version on the Platform. Fabforma reserves the right, at its sole discretion, to do so.
- We may modify, replace, refuse access to, suspend or discontinue the Services,partially or entirely, for you or for all Users at any time and in our sole discretion. These changes shall become effective upon providing a notice of the same to you via email/ the home screen of the Platform.
- Your use of the Platform for any purpose whatsoever;
- Any Content you provide, which includes your communications;
- Your violation of these Terms and Conditions;
- Your violation of any rights of another;
- Non-adherence to the terms of the Service Contract by you, whenever such an agreement comes into existence;
- Your conduct in connection with the Platform;
- All your legal and government obligations and responsibilities; or
- Any products or Services purchased or obtained by you in connection with the platform.
- You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any Third Party without our consent.
- All disputes involving but not limited to rights conferred, compensation, refunds, obligations or other disputes and claims in connection with a User's use of the Platform Services (or breach thereof) will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the Parties shall first mediate any disputes or claims between them in good faith and resolve the disputes amicably and share the cost of any such mediation equally.
- Stage 2: Arbitration. If the Parties are unable to settle the dispute within 30 days it shall be referred to and finally resolved by arbitration, which shall be governed the Indian Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be appointed by the Company. The arbitration shall take place in the city of Bangalore, Karnataka and shall be conducted in English. The award as the outcome of the arbitration is final and binding on both parties.
- In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Bangalore, Karnataka, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Bangalore, Karnataka, India, and both Parties hereby submit to the personal jurisdiction of such courts.
- Entire Agreement: The terms and conditions set forth in these Terms, including all attached annexures, Policies, shall constitute the entire Agreement between You and Fabforma. Notwithstanding the foregoing, the Users shall always remain subject to the terms and conditions of this Agreement. This Agreement shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between you and Fabforma.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms in no manner shall affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the Parties hereto, as expressed herein.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or by sending an email to firstname.lastname@example.org.
List of acceptable currencies for transactions on Fabforma:
||United States Dollar
List of prohibited goods and services on Fabforma:
1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services 2) Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne 3) Body parts which includes organs or other body parts 4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam) 5) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free 6) Child pornography which includes pornographic materials involving minors 7) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection 8) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials 9) Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software 10) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods 11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms 12) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items 13) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction 14) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content 15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles 16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property 17) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts 18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes 19) Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred. 20) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals 21) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner 22) Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances 23) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications 24) Securities which includes stocks, bonds, or related financial products 25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products 26) Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products 27) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments 28) Wholesale currency which includes discounted currencies or currency exchanges 29) Live animals 30) Multi-Level Marketing collection fees 31) Matrix sites or sites using a matrix scheme approach 32) Work-at-home information 33) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
on our Platform.
We collect and store personal information provided by you from time to time on the Platform. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:
- To enable the provision of services opted for by you;
- To send the latest newsletters and promotions to you; and
- To comply with applicable laws, rules and regulations
Where any service requested by you involves a Third Party, such information as is reasonably necessary to carry out your service request, such information may be shared with the respective Third Party.
To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Website, and opt out of any non-essential communications from the Website.
You understand that transacting over the Internet has inherent risks which can only be avoided by you by following security practices such as ensuring that your e-mail address and profile information is confidential. Any information sent to us by your e-mail address which has not been sent by you should be notified to our customer care team at the earliest.
To ensure better protection of your privacy, we provide this notice explaining our information collection and disclosure policies, and the choices you make about the way your information is collected and used. If you have even the slightest hesitation about our Terms or this Policy, please don't use the Website until you are absolutely certain.
ALL HEADINGS USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT AND SHALL NOT BE USED TO INTERPRET THE PROVISIONS.
- "You", "Your", "Yourself" and "User" shall mean and refer to natural and legal individuals and entities who use the Website.
- "Personal Information" shall mean and refer to any personally identifiable information that we may collect from you. For removal of any doubts, please refer to Clause 2.
- "Third Parties" refer to any legal person, entity, website, apart from the User and the creator of this Policy.
We are committed to respecting your online privacy. We further recognize your need for appropriate protection and management of any Personal Information you share with us. We may collect the following information:
- Information directly obtained from you:
- Our Platform gives you an option of giving us contact information (like name, address, e-mail and telephone number) for the purposes of creating an account on our Platform.
- Any project data, communication between you and Fabforma, along with Services requested or queries and posts on our Platform are also included in this.
- Certain information, such as your name, e-mail addresses and phone number is collected, in order to, among other things, verify your identity, use as account numbers in our record system
- Information collected indirectly:
- Certain information about you is collected automatically when you visit our Platform. This includes your IP address, device ID, browser type and operating system, your immediate Internet history, date and times accessed, information collected through cookies (more information on this below), etc.
- We may also obtain information relating to you from third party sources such as social networking websites (if you choose to link your social network account with the Platform), databases, online marketing firms, etc.
- This information includes your username, e-mail address, contact number, location and other information on those sites, demographic data like age, gender and other interests, viewing data and advertisement interaction, content, information about your correspondents, and the destination/origin of communications between you and any other person using our Platform or products.
Please note that we do not have complete control over any information you choose to share with other Users through the Platform and cannot guarantee that such information will be protected.
The Platform may include advertisements, hyperlinks to other websites, applications,, content or resources. We have no control over such external links present in the Platform, which are provided by persons or companies other than us.
You acknowledge and agree that we are not responsible for any collection or disclosure of your Personal Information by any external websites, applications, , organizations or persons, nor do we endorse any advertising, products or other material on or available from such external websites or resources.
. Further, your Personal Information may be collected and stored by us for our internal records, referral programs, transactional and promotional messages, advertising and marketing.
We use your IP address to help diagnose problems with our server, and to administer our Services through the Platform. Your IP address is also used to help identify you and to gather broad demographic information. Finally, we may use your IP address to help protect our partners and ourselves from fraud. We will continue to enhance our security procedures as new technology becomes available.
We may also use data collected about you for the purpose of improving our Services or Platform, to collect statistical information, to provide offers or for the purpose of surveys for potential services.
It is wholly up to you to accept or to turn down cookies, however if you choose to not accept cookies then we will not be able to serve you many features on the Platform.
Third Party vendors including www.google.com
Through first party and Third Party cookies, Third Parties may collect information about you while you are visiting Fabforma-hosted webpages and other websites and applications. They may use this data to show you advertisements on Fabforma-hosted webpages and across the Internet based on your prior visits to these sites. We do not collect this information or control the content of the advertisements that you will see.
Your information is regarded as confidential and therefore shall not be divulged to any Third Party, unless if legally required to do so to the appropriate authorities, or if necessary to ensure Users may fully avail of the Services of the Platform.
- The Company has implemented reasonable security mechanisms to protect the User's data that is maintained on our servers, hosted on a cloud platform encrypted using SSL, from loss, misuse and unauthorized access, disclosure, alteration and destruction. The Company shall not be held liable for any kind of hacking of the User's data.
- The Company shares certain basic information with other Third Parties, aimed at enhancing our product usefulness. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private.
- Any information that you make publicly available on the site may be potentially viewed by any party, and by posting such material it is deemed that you consent to share such information with such parties.
- When you avail a Service on the Platform, we will request for your review and if you choose to provide the review, it may be available publicly on the Platform, even after you terminate your usage of the Platform.
- We may choose to engage Third Party entities to provide services to us like risk assessment and fraud prevention, to facilitate payments and reimbursements. We may provide your personal information to these Third Parties.
- Other Corporate Entities: We share much of our data, including your Personal Information, with our parent and/ or subsidiaries that are committed to serving your needs through use of our services, throughout the world. Such data shall be shared for the sole purpose of enhancing your experience of using the services offered on the Platform. To the extent that these entities have access to your information, they shall treat it at least as protectively as they treat information they obtain from their other members. It is possible that we and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You shall receive notice of such event (to the extent it occurs).
- Law and Order: We fully cooperate with law enforcement inquiries, as well as other Third Parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and you so authorise us, disclose your Personal Information to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to any legal liability.
Following registration, you can review and change the information you submitted at the stage of registration, except your user name and phone number. An option for facilitating such change shall be present on the Website and such change can also be facilitated by emailing us at email@example.com
. If you change any information, we may keep track of your old information.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at firstname.lastname@example.org
. We shall promptly correct or remove any information found to be incorrect.
We shall retain in our files, information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and to enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information shall be completely removed from our databases in response to your requests.
We treat data as an asset that must be protected against loss and unauthorised access. We employ many different security techniques to protect such data from unauthorised access by members inside and outside Fabforma. We follow generally accepted industry standards to protect the Personal Information submitted to us and information that we have accessed. However, "perfect security" does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.
You agree and undertake to indemnify us in any suit or dispute by any Third Party arising out of disclosure of Personal Information by you to Third Parties either through our Platform or otherwise and your use and access of websites, and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to your Personal Information, which you may have disclosed to such Third Parties.
We hold the sole right to modify the FAP Terms, the duration & existence of this program, the commission rates, without prior permission from you or providing notice to you. The relationship creates on you a duty to periodically check the FAP Terms and to stay updated on its requirements. If you continue to participate in the FAP, this is deemed as consent by you to the so amended terms.
- The referred User must not have an existing account on Fabforma;
- You will not use multiple accounts to participate in the program or refer yourself or try to gain Referral Earnings through any unauthorized means as this amounts to fraudulent activity;
- You should refer Fabforma only to known acquaintances and must not indulge in general spamming or distribution of referral links;
- For the referral to be successful, the referred User (visitor on Fabforma) must create an account on Fabforma within a period of 60 days after first visiting Fabforma through a referral link and also before the expiry of the program;
- The referred Users need to be using cookies on their browsers for Fabforma to track and identify the Referrer. Users acknowledge and agree that if the cookies are disabled or deleted by a referred User, it may not be possible for Fabforma to track and identify the referrer and in such a case, no Referral Earnings shall accrue to any party;
- Even though a new visitor visits Fabforma through your referral link, he/she may create an account on Fabforma during a subsequent visit which was made through another referral link. It is always the latest referral link that will be attached with the new visitor and in such cases as described above, your referral link may not be attached with the new member and hence, no Referral Earnings linked to this new member shall accrue to you;
- The referred member must place an Order and complete the Order successfully with Fabforma.
Referral Earnings are earned by a referrer only if,
- The referred member places a new Order with Fabforma before the expiry of the program;
- The referred member successfully completes the Order with Fabforma; AND
By participating in the FAP, you acknowledge and agree that we need to have your authentic and complete payment details for us to transfer your Referral Earnings on time.
The payout of your Referral Earnings for a particular month will be processed by us at the end of the following month, for members whose referral earnings account balance reaches the minimum threshold of Rs. 1000. If your account balance at the end of the month is below the threshold limit, the balance will automatically be carried forward to the next month. If your account balance does not reach the minimum threshold limit during the tenure of the program, your payout will automatically be processed when the program expires.
Your referral earnings payout will be processed by us only through NEFT / IMPS modes of transfer and for which it is essential that you provide the details of your bank account to Fabforma before we remit the amount to you. Remittance of your referral earnings will only be through electronic modes and will not be done through any physical modes of transfer.
These terms shall continue to form a valid and binding contract between the User and Fabforma, and shall continue to be in full force and effect until the User continues to be part of the Fabforma Associate Program.
Fabforma reserves the full right to set and modify the expiry date of the program at any time and such changes shall become effective upon providing a notice of the same to Users via email/ the home screen of the Platform.
Fabforma also reserves the full right to suspend a User from participating in the program and also suspend the account of a User, at any time and for any reason, whatsoever.
The program shall be in force until its expiry and such expiry date shall be made public to all Users on the Website. Fabforma will not be liable to you in the event of any modification, suspension or termination of the FAP.