FANTABEE- TERMS OF USE
1. Terms and Express Consent of Use
1.1 The Websites www.fantabee.com , www.fantabuildings.com, www.fantaserv.com (hereinafter collectively referred to as the “Site”) are owned and maintained by Fantabee IoE Labs Pvt. Ltd. (hereinafter “Fantabee”) to provide online access to information about Fantabee and its products & services. These general terms and conditions apply to Site, Mobile Application (‘App’), Microsites created from time to time, Social Media pages, Partner websites and links, with respect to the content, notifications, products and services (collectively referred as “Services”). The terms “Fantabuildings”, “Fantaserv”, “we”, “our”, “us” or “its” refers to Fantabee; and “you” or “your” or “yours” refers to You, the user of this Site.
1.2 Please read these terms and conditions (also referred to as Terms) carefully as your use or access of the Site is governed by and subject to these terms. By your use or access to any of the pages of this Site, you agree to have read, understood and acknowledged the terms and conditions of use, Privacy Policy and disclaimer of this Site. By accessing or using this Site you also represent that you have the legal authority to accept the terms and conditions on behalf of yourself or any party you represent in connection with your use of this Site.
1.3 Your access to and use of this Site is subject to your compliance with all applicable laws, and you accept without limitation or qualification the terms and conditions along with the disclaimers given in the Site. By your use, you also expressly consent to the collection, use and storage of your information by us in the manner described in the Privacy Policy. The stipulations contained in the Privacy Policy are part of these terms and both should be read together. Your continuing to use the Site also signifies your understanding of the terms and disclaimers.
1.4 In case you do not agree to the terms, please do not use the Site and/or the information given on the Site or avail the Services therein.
2. Use of Content/Information on the Site
2.1 Permitted Use: Subject to the terms hereof, we hereby provide you with a non-exclusive, revocable, limited license to do the following:
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- You may browse the Site and view the content, information or data, including images, photos, logos, brand names, videos, audio, graphics, icon, script, etc. (collectively or severally referred to as “Content”) made available on this Site only for general information or promotional purposes that may be used for personal, non-commercial use. No right, title or interest in any Content is transferred to you, directly or indirectly and whether as a result of downloading such Content or otherwise.
- You may print page(s) from the Site to the extent reasonably necessary for your private use, in accordance with the above.
2.2 Restrictions on Use: You agree to use this Site and all Content therein subject to the following restrictions:
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- Hello The Content on this Site cannot be modified, copied, reproduced, published, transferred, supplemented, displayed, disseminated, broadcasted, or create derivative works thereof, or otherwise used in any other manner without the prior written permission from Fantabee;
- You are not authorized to mirror, scrape, or frame this Site or any pages or materials contained on this Site on any other website, web page or any other server;
- You shall not advertise or sell products or services to others on or through this Site or offer unsolicited content or e-mails;
- You shall not carry out illegal activities on this Site, including publish or transmit viruses or any other damaging content on this Site;
- You are not authorized to connect “deep links” to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site without prior written permission from Fantabee;
- You shall not publish or distribute any material or information that is in violation of any third person’s intellectual property rights or any applicable laws;
- You shall not conduct any activities that shall directly or indirectly curtail the enjoyment of any other user of this Site;
- You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using this Site;
- You are not authorized to use the Contents of this Site in any manner that could damage, disable, overburden, or impair this Site (or the network(s) connected to this Site);
- You shall not aid, abet or attempt, whether directly or indirectly, to gain unauthorized access to this Site, other accounts, computer systems or networks connected to this Site, through hacking, password mining or any other means. You shall not aid, abet, obtain or attempt to obtain any Content through any means not intentionally made available through this Site.
3. Modifications to Content or Site
3.1 Fantabee reserves the right at its sole discretion to change, modify or add to these terms or the Content therein, with or without prior notice to you on the Site, from time to time. You are required to occasionally revisit the terms and update yourself accordingly. By continuing to use the Site you agree to be bound by all such added or amended terms.
3.2 Fantabee also reserves the right to discontinue or stop providing any Services on the Site or may also block the access to the Site by any user at any point of time without any notice or without providing any reason whatsoever.
3.3 Fantabee also has the sole right to suspend the operation of the Site, wholly or in parts, at any time, without notice.
4. Information/Content You Submit
4.1 The Site may provide you an opportunity to participate in contests, promotional activities, forums, blogs, groups, message boards, social networking, social
communities or any other communication functionality (collectively, “User Forums”) and may provide you an option, through such features or otherwise, to
submit, share, post, display, transmit, perform, publish, distribute or broadcast content and materials on this Site, including but not limited to,
photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable
information (collectively, “User Content” or “Your Content”).
4.2 You agree that you are solely responsible for Your Content and the consequences of submitting and publishing Your Content on the Site. You affirm,
represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Your Content; and you license to Fantabee
all trademarks, trade names, copyright or other proprietary rights in and to Your Content for publication on this Site or other related Sites owned and/or
operated by Fantabee pursuant to these Terms of Use.
4.3 You retain all copyright and any other rights you already hold in Your Content which you may submit, post, share or display on or through this Site. By
submitting, posting or displaying the Content, you give Fantabee a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce,
adapt, modify, translate, publish, publicly perform, publicly display and distribute any of Your Content which you may submit, post or display on or through
the Site. This license is for the sole purpose of enabling Fantabee to display, distribute and promote the Site and its’ goods/services.
4.4 You agree that this license includes a right for Fantabee to make Your Content available to other companies, organizations or individuals with whom
Fantabee has relationships for the provision of syndicated services, and to use Your Content in connection with the provision of those services.
4.5 You understand that in order to provide and promote the Services to its’ users, Fantabee may (a) transmit or distribute Your Content over various public networks or media; and (b) make such changes to Your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Fantabee to take these actions.
5. Account Registration and Access to Services of Fantabee
5.1 The Site or certain areas of the Site may require registration or may otherwise ask you for your personal information to participate in certain features. The decision to provide this information is purely optional; however, if you elect not to provide any such information, you may not be able to access certain
5.2 Contents or user content or participate in certain features of the Site.If you register on the Site through other links available on this Site and create a personal profile, you agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your profile details, including password, photographs, etc. by restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Fantabee reserves the right to terminate your access to the Site through your account or otherwise deny you access in its sole discretion without notice and without liability.
5.3 Any and all information and details provided by You for access of any Services including online shopping, contests, campaigns shall be governed by our Privacy Policy.
6. Product Description:
6.1 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Site and our partner sites are correct at the time when the relevant information was provided or entered onto the system. Though we strive to keep the information as up to date as possible, we do not warranty that the information pertaining to the Products are accurate, complete, reliable, current, or error-free.
6.2 We shall take all reasonable care to ensure that the description and specifications of the Products are correct and updated. However, while the color reproduction or the images are a close representation, a slight variation in the actual Products may occur, due to different screen resolutions, monitor displays etc. being used. Also, in case of assortment/checks/prints the product delivered may vary in color, designs etc. as per the design availability.
6.3 Fantabee shall not assume responsibility for any product description, images, price details etc. posted by any distributor or third-party sellers (authorized or unauthorized) on any online platforms including Fantabee’s partner sites.
6.4 Fantabee shall not assume responsibility for any product information wrongly described, understood or communicated to you while purchasing the products on retail outlets, showrooms, shops etc. other than Fantabee’s own outlets.
7. Intellectual Property
7.1 The Content, Services, and any other functionalities on the Site, including but not limited to, writings, texts, script, graphics, logos, icons, signs, symbols, images, styles, videos, photographs, pictures, audio, sounds, promotional activities or themes, and the selection and arrangement thereof, are the exclusive property of Fantabee and solely owned by Fantabee or its partners, affiliates, subsidiaries, or licensors, and is protected under the Indian and/or international Intellectual Property laws. Further, in any event, even if something on the Site may not be specifically registered under the Intellectual Property laws, still the same are owned by Fantabee whether by virtue of prior user or otherwise.
7.2 All graphics, logos, page headers, icons, service names, product names, including the word or logos of “Fantabee” or “Fantabuildings” or “Fantaserv”, or any promotional names or themes, on the Site are the trademarks or trade dress of Fantabee. You are not authorized to use, copy, modify, or reproduce any Trademarks/Trade Dress of, or imply any endorsement by or relationship with Fantabee in any public domain, including, press release or other websites, for any commercial, promotional or advertising purposes or for informing or influencing any third party or use such Trademarks/Trade Dress in any manner not specifically authorized by Fantabee.
7.3 All copyright in all text, scripts, themes, ideas, contests, images, videos, audios, photos, software and other materials on this Site solely belongs to Fantabee. Fantabee prohibits any use of the Content that infringes or violates the copyright and/or any other form of intellectual property rights (including rights of privacy and publicity of any person or entity).
7.4 Fantabee may introduce new designs and patterns on their Products, which shall be the sole and exclusive rights of Fantabee and prohibits any use, imitation or duplication of such designs, irrespective of whether Fantabee has filed an application for design protection or otherwise.
7.5 Any Intellectual Property right which is not expressly granted is unconditionally reserved.
7.6 Fantabee does not permit any form of Intellectual Property rights infringement on the Site, and Fantabee reserves its’ rights to remove Your Content or any other content or information that you may have submitted, posted or shared, without any notice, if properly notified and/or found that such content infringes another’s intellectual property rights.
8. Links to Third Party Websites:
8.1 This Site may contain links to third party Websites (“Linked Website”). The Linked Website may not be controlled or managed by Fantabee. Fantabee takes no responsibility for the content or information made available on the Linked Website, including but not limited to, their content, policies, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their websites; or its correctness or the appropriateness or any onward link contained in such Linked Website; or any changes or updates made therein.
8.1 Fantabee is not responsible for the functionality or working of the Linked Website or if it contains any content which may not be legally permissible or even prejudicial in any specific jurisdiction. These links are provided to you only as information and the inclusion of any link does not imply an endorsement by Fantabee of the Linked Website or any association with its/their operators. You are solely responsible for viewing and abiding by the terms of use and/or privacy statements of the linked website and all risks associates therewith.
9. Promotional Content on Site
9.1 The Site may contain or offer promotions, which may be governed by a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable promotion.
9.2 Certain promotions or offers may be relating to Services outside India and you are solely responsible to comply with all legal requirements before opting for those promotions and offers. Fantabee is in no way responsible to prompt you about any legal requirements and/or for consequences of non-compliances.
10. Privacy Policy and Obligations of Fantabee Regarding Your Content
10.1 The use of Your Content, including any material or personal information that you submit is governed by Fantabee’s Privacy Policy, which forms part of these terms and conditions.
10.2 You agree that Fantabee has no obligation to pre-screen, monitor or enforce your intellectual property rights in relation to Your User Content but has the right to protect and enforce itself and its’ licensees’ licensed rights to Your User Content.
10.3 You further acknowledge and agree that Fantabee will not have any obligation to, but may review, monitor, display, accept or exploit Your Content and may, at its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit Your Content, without a notice or liability.
11. Linking Policy
11.1 Fantabee grants you the revocable permission to link to the Site; provided, however, that your website, or any third party’s website that link to the Site: (a) may only link to a Site’s home page or any other designated place as permitted; (b) must not frame or create a browser or border environment around any of the Content on the Site or otherwise mirror any part of the Site; (c) must not imply that Fantabee or the Site are endorsing or sponsoring it or its products, unless prior written consent has been given by Fantabee; (d) must not present false information about, or disparage, tarnish, or otherwise, in Fantabee’s sole opinion, harm Fantabee or the services or information provided by it; (e) must not use any Fantabee’s intellectual property without the prior written permission from Fantabee and/or its’ proprietors; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Fantabee’s sole opinion); and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms.
11.2 By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, Fantabee reserves the right to prohibit linking to the Site for any reason, at its sole and absolute discretion, even if the linking complies with the requirements described above.
12. Disclaimer of Warranties
12.1 Your use of this website/ services is at your sole risk. The services are provided on an “as is” and “as available” basis and Fantabee assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any content.
12.2 Fantabee is in no position to exercise control over the security or content of information passing over the internet and hereby excludes all liability of any kind for the transmission or reception of infringing or unlawful information of whatever nature. Fantabee accepts no liability for loss or damage suffered by you as a result of accessing the site or content which might have been infected with viruses or malwares or which might have been maliciously corrupted. You will be solely responsible for any damage to your computer system or any other system used or loss of data that results from the downloading of any content. You are consciously acknowledging and accepting the usual and typical risks of using the internet.
12.3 Fantabee expressly disclaims all warranties of any kind, whether express or implied. Specifically, Fantabee makes no warranty that (i) this website or any content therein will meet your requirements, (ii) any user access will be uninterrupted, timely, secure or error-free, (iii) the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations, and (iv) any errors in the software will be corrected. Excluding only damages arising out of Fantabee’s gross negligence or willful misconduct, Fantabee shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss ofprofits, goodwill, use, data or other intangible losses, resulting from your use or inability to use this website/ services.
12.4 Fantabee makes no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Site; (b) the Contents on or provided through the Site; (c) the downloadable items; (d) user Content; (e) the functions made accessible on or through the Site; (f) any products, services, instructions, promotions or contests, offered or referenced on the site; or (g) security associated with the transmission of information transmitted to or from Fantabee or via the site. In addition, Fantabee hereby disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability, non-infringement of third-party rights, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
12.5 Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Fantabee and any user or other person or entity nor do these terms and conditions extend rights to any third party.
12.6 By accessing or using the Site, you represent and warrant that your activities are lawful in every jurisdiction wherever you access or use the site.
12.7 Your access to and use of the Site is at your risk. If you are dissatisfied with the Site or any of the materials, your sole and exclusive remedy is to discontinue accessing and using the Site or the Contents.
13. Indemnity
13.1 You agree to indemnify, defend and hold harmless Fantabee, its subsidiaries and affiliates and their respective officers, employees and agents, and each of Fantabee’s website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the this website/ services, your submission, posting or transmission of Your Content or your violation of the terms, including infringing Fantabee’s intellectual property.
14. Limitation of Liability
14.1 In no event shall Fantabee, its subsidiaries, officers, directors, employees or suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this Site, Content or Services therein, or these terms (however arising, including negligence).
15. Governing Law/Jurisdiction
15.1 These terms and the interpretation of these terms of use will be governed by and construed in accordance with the laws of India although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.
16. Dispute Resolution
16.1 Any dispute, differences or controversy of whatever nature and howsoever arising under or out of or in relation to these terms of this Site shall, in the first instance be attempted to be resolved amicably. Any dispute which is not resolved amicably by conciliation within the period of 30 days shall be referred to a sole arbitrator appointed by the mutual consent of both the parties. The seat of Arbitrator shall be Chennai, India. The arbitration proceedings shall be conducted in English only. The Parties agree to bear the fees of Arbitrator in equal proportion.
17. Location of this Site:
17.1 The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Fantabee to any registration requirement within such jurisdiction. Fantabee controls and operates the Site from India and makes no representations or warranties that the information, contents, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and are responsible for compliance with India’s laws and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable.
17.2 Fantabee reserves the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
18. Miscellaneous
18.1 No waiver by Fantabee of any breach or default by you hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No waiver will be of any force or effect unless made in writing.
18.2 The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will NOT be construed against Fantabee by virtue of having drafted them.
The Terms of Use was last updated on November 10, 2019