Authorized Use of Site. The FabPiks Website is provided for personal and noncommercial use and for informational purposes only. Any other use of the FabPiks requires the prior written consent of FabPiks. You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download or otherwise reproduce, store, or distribute Content available on the FabPiks Website. Further, you may not use any such automated means to manipulate the FabPiks Website, such as automating what otherwise manual or one-off procedures are. You may not take any action to interfere with, or disrupt, the FabPiks Website or any other user’s use of the FabPiks Website, including, without limitation, via means of overloading, “flooding,” “mailbombing,” or “crashing” the FabPiks Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the FabPiks Website to any third party without our prior written consent.
Registration and Passwords: In order to access certain services on the FabPiks Website, you will be required to provide specific Information. All Information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times.
FabPiks and Client Content: The contents,
advertisements, Information, and other materials of FabPiks and the FabPiks Website, and of all
other websites under FabPiks’s control,
whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted
material, button icons, software and other Content (collectively, “FabPiks Content”) and the
compilation (meaning the collection, arrangement, and assembly) of all FabPiks Content,
are protected under copyright, trademark, and other laws. As between You and FabPiks, all
FabPiks Content is FabPiks’s exclusive property. The unauthorized use of FabPiks Content
may violate copyright, trademark, and other laws. You must retain all copyright, trademark,
service mark, and other proprietary notices in FabPiks Content on any permitted copy You
make of FabPiks Content. You shall not copy or adapt the code that FabPiks creates to generate
any FabPiks Content or the pages making up any FabPiks Site (defined below), which
is also protected by FabPiks’s copyright.
The contents, advertisements, Information, and other materials of any FabPiks client (“Client”) or Client’s Website, and of all other websites under Client’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other Content (collectively, “Client Content”) and the compilation (meaning the collection, arrangement, and assembly) of all Client Content, are protected by copyright, trademark, and other laws. As between You and the Client, all Client Content is the Client’s exclusive property. Unauthorized use of Client Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices in Client Content on any permitted copy You make of Client Con-tent.
You may not sell or modify FabPiks Content or Client Content or reproduce, display, publicly perform, distribute, or otherwise use FabPiks Content or Client Content in any way for any public or commercial purpose unless previously approved in writing by FabPiks or Client (as applicable). The use of FabPiks Content or Client Content on any other website is prohibited. For the sake of clarity, you are not permitted to use any FabPiks Content or Client Content unless you are given express permission to do so by FabPiks or Client.
Using the FabPiks Website, you agree not to copy, distribute, modify, or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly outlined in this Agreement, no license is granted to you, and no rights are conveyed by accessing or using the FabPiks Website. FabPiks reserve all rights not granted under this Agreement.
Rights to Content Posted by Members:Unless otherwise specified, You may only post Content to the Site if you are thirteen (13) years of age or older, provided that should you be less than eighteen (18) years old, your parents or legal guardian have agreed to the terms of this Agreement on your behalf. You may only post Content you created, or the owner of the Content has permitted you to post. Suppose Content depicts any person other than yourself. In that case, You must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian before you post the Content. You may be required to provide proof of such permission to FabPiks. You may not post or distribute Content or illegal Content that violates this Agreement. By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or Information (personal or otherwise) (collectively “Submitted Content”) on or to the FabPiks Website (including on or to Your profile), You automatically grant. You represent and warrant that You have the right to grant to FabPiks an irrevocable, perpetual, non-exclusive, fully paid, and royalty-free (meaning that FabPiks is not required to pay You for the use of the Service or the Submitted Content You post) worldwide license to use, copy, perform, display and distribute such Submitted Content and to prepare derivative works of, or incorporate into other works, such Submitted Content, and to grant and authorize sublicenses of the preceding. You further grant FabPiks the authority to publicly post Your Submitted Content on or to the FabPiks Website. You represent and warrant that the public posting and use of Your Submitted Content by FabPiks will not infringe or violate Your rights or those of any third party.
Eligibility: You must be 18 years or older to join the Service or visit or use the FabPiks Website in any manner. By visiting the FabPiks Website and accepting the terms of this Agreement, You represent and warrant to FabPiks, that You are 18 years of age or older and that You have the right, authority, and capacity to agree to and abide by the terms of this Agreement, and that You will use FabPiks and the FabPiks Website solely for Your personal, noncommercial use, in a manner consistent with any applicable laws and regulations.
Security Rules: You shall not violate or attempt to violate the security of the FabPiks Website, and any other such websites, which are sometimes collectively referred to as a “FabPiks Site,” and collectively referred to as the “FabPiks Sites,” including without limitation, (a) accessing data not intended for Member or logging into a server (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of any FabPiks Site or any activity being conducted on any FabPiks Site, (c) attempting to interfere with the availability of any FabPiks Site to any representative, host or network, including, without limitation, via means of submitting a virus to any FabPiks Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” any FabPiks Site, (d) utilizing any FabPiks Site for the advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or (f) using a password or access code not issued to the Member. Violations of system or network security may result in civil or criminal liability. FabPiks will investigate occurrences involving such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating, and prosecuting Members involved in such violations.
Term and Termination: This Agreement will remain in full force and effect while You use the FabPiks Website and are a Member. You may terminate Your membership anytime, for any reason, by unsubscribing from our email communication and removing our Facebook app from your profile. Even after Your membership is terminated, this Agreement will remain full force and effect. FabPiks may terminate Your membership for any reason at any time. FabPiks may, in its sole discretion, terminate or suspend any Member’s access to all or part of the Service, including the cancellation of some or all of the Member’s accumulated “FabPiks Rewards” (defined below) for any or no reason, including, without limitation, breach of this Agreement, or taking actions that are inconsistent with the intent of this Agreement. FabPiks shall be the sole determiner in cases of suspected abuse, fraud, breach of this Agreement, or intent of this Agreement. Suppose FabPiks terminates Your membership in the Service because You have breached this Agreement or taken actions that are inconsistent with the intent of this Agreement. In that case, You will not be entitled to any previously accumulated points (“FabPiks Points”), nor will You be entitled to receive payments of any previously accumulated currency (“FabPiks Currency”). FabPiks Currency and FabPiks Points are, from now on, defined as “FabPiks Rewards.
FabPiks reserves the right to suspend and cancel your membership in this Service or any account you may have, permanently expel you from the Service, and put a “hold” on, not credit, revoke and delete FabPiks Rewards from your Account if FabPiks determines, in its sole and absolute discretion, that you: (a) abused the Service’s privileges; (b) breached this Agreement; (c) made a misrepresentation, including without limitation, submitting false or fictitious Personal Information; (d) purchased merchandise that will be used for resale or commercial use; and (e) obtained FabPiks Rewards as a result of any fraudulent, dishonest, misleading or illegal activities, or were otherwise improperly credited FabPiks Rewards.
FabPiks reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, cancellation of Your Account, profile, Submitted Content from the FabPiks Website, and some or all of Your accumulated FabPiks Rewards, and the immediate termination of FabPiks Services and the services of other FabPiks Sites to You, upon any breach by You of the terms of this Agreement or if the FabPiks is unable to verify or authenticate any information You submit to FabPiks or any other FabPiks Site. Any decision FabPiks makes relating to the cancellation, termination, or suspension of any Member’s Account and membership (including the cancellation of FabPiks Rewards) shall be final and binding.
FabPiks may also terminate any Member’s Account in its sole discretion if a Member has been inactive for eighteen (18) months. A Member will be defined as inactive based upon Member’s failure to login to the Site. When a Member’s Account has been terminated, all FabPiks Rewards earned shall be forfeited. You may terminate your membership in the Service at any time and immediately. FabPiks will not be liable to you or any third party for termination of the Service or Site. You may terminate your membership by contacting us at firstname.lastname@example.org or using the “terminate membership” function if available. All of your FabPiks Rewards will be forfeited upon termination.
Copyrights and Trademarks: All materials included on the FabPiks Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof, are copyrighted as a collective work under Canadian and other copyright laws and are the intellectual property of FabPiks or its clients unless otherwise noted or attributed. FabPiks, FabPiks Rewards, and the FabPiks logo are trademarks and service marks of Ethico Solutions Inc (DBA FabPiks). Text excerpts, diagrams, logos, or other Information may be quoted within the Content of the FabPiks Sites, and the respective copyright holders retain their rights to this material. You may download, view, email, copy, and print documents and graphics incorporated in the documents from the FabPiks Sites subject to the following: (1) the documents may be used solely for involvement in campaigns or personal, informational, noncommercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove, or create derivative works of any information from the FabPiks Sites in whole or in part without the prior written permission of FabPiks. Taxes. All taxes applicable to any FabPiks Rewards provided by FabPiks to You under this Agreement will be Your liability.
FabPiks’s Liability: FabPiks is only a venue, and FabPiks does not screen or censor the profiles or Submitted Content of Members. We generally do not control the Submitted Content or Information provided by Members that is made available through FabPiks. As a result, FabPiks has no control over the truth or accuracy of the Information submitted by Members. FabPiks makes no representations about the accuracy, reliability, completeness, or timeliness of any profile or Submitted Content of Members. In addition, note that there are risks, including, but not limited to, the risk of physical harm from dealing with strangers, foreign nationals, underage persons, or people acting under pretenses. You assume all risks associated with dealing with other Members with whom You come in contact through FabPiks. By its very nature, other people’s Information may be offensive, harmful, or inaccurate, and in some cases, will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using FabPiks and the FabPiks Sites.
Because Member authentication on the Internet is difficult, FabPiks can not confirm that each Member is who they claim to be. Because we do not and cannot be involved in Member-to-Member dealings or control the behavior of participants on any FabPiks Site, if You have a dispute with one or more Members, You release the FabPiks (and our agents and employees) from claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You are entirely responsible for maintaining the confidentiality of Your password and account information. Furthermore, You are entirely responsible for any activities under Your Account.
Disclaimer of Consequential Damages: In no event shall fabpiks, its clients, suppliers, or any third parties mentioned on any fabpiks site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use any fabpiks site and fabpiks content, whether based on warranty, contract, tort, or any other legal theory, and whether or not thE FabPiks is advised of the possibility of such damages.
Limitation of Liability: FabPiks, its Clients, and their respective parent companies, subsidiaries, affiliates, directors, officers, managers, employees, and agents shall not be liable for any damages, special, consequential, or otherwise, arising out of or in any way connected with Your use of the FabPiks Service or participation in its Programs, the use of Information provided by You under the Programs, or the merchandise or services obtained by You through the redemption of FabPiks Rewards under the Service.
Fabpiks maximum liability arising out of or in connection with any fabpiks site or your use of fabpiks, or the fabpiks content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed (i) the amount paid by you for your use of the site during the prior twelve (12) months or (ii) rs 100. some jurisdictions limit the exclusion of damages or limitation of liability, and as such, the above exclusions and limitations may not apply to you. suppose any part of the exclusions of damages or limitation of liability set forth above is unenforceable under applicable law. in that case, fabpiks, its clients, and their respective directors, officers, llc members, managers, employees, and agents aggregate liability will be limited to the maximum extent permitted by law. further, under no circumstances shall fabpiks be liable for any actions whatsoever by you in connection with your use of the service or involvement in a program or task. members are not employees of fabpiks, and fabpiks, while creating, tracking, and managing the network in which fabpiks clients and members are united, solely facilitates the engagement of members by its clients and, as such, does not and cannot control, monitor, supervise or regulate the actions of members.
Confidentiality: You are responsible for maintaining the confidentiality and all uses of Your Account and password, whether or not authorized by You. You agree to immediately notify FabPiks of the unauthorized use of Your Account and password. Further, You acknowledge that during Your engagement with FabPiks, You will have access to and become acquainted with various trade secrets, data, inventions, innovations, processes, Information, records, and specifications (“Confidential Information”) owned or licensed by FabPiks and used by FabPiks in connection with the operation of its business including, without limitation, FabPiks’s business and product processes, methods, customer lists, accounts, and procedures. Further, You acknowledge that during Your engagement with FabPiks, You will have access to and become acquainted with Confidential Information owned or licensed by clients of FabPiks. You agree that You will not disclose any of the aforesaid Confidential Information, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time after that, except as required in the course of Your engagement with FabPiks. All FabPiks Content, and all similar items relating to the business of FabPiks, shall remain the exclusive property of FabPiks. You shall not retain copies of the preceding without FabPiks’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by FabPiks, You shall immediately deliver to FabPiks any such files, records, documents, specifications, Information, and other items in Your possession or under Your control.
Member Disputes: You are solely responsible for Your interactions with other FabPiks Members. FabPiks reserves the right but has no obligation to monitor disputes between You and other Members.
Right To Be Removed From Programs: FabPiks reserves the right to remove a Member from any campaign, Program, task, activity, action, poll, survey, contest, sweepstakes, or the like coordinated by FabPiks (each a “Program”) at any time for any reason. If You are rRight to Offer Programs to Select Members. Programs will be offered to Members based on various demographic and psychographic parameters, previous performance, and specific scores determined by FabPiks. If You qualify for a Program, You, as a Member, can join the Program by selecting it from Your Home Page on the FabPiks Website and mobile/email notifications sent to You by following the instructions provided.emoved from a Program, You will be notified by a FabPiks representative.
Contact with Members: FabPiks has the right, but not the obligation, to periodically contact Members with Information, updates, and special offers via email. If there are any inaccuracies in such correspondences, FabPiks will not be held responsible.
Right to Offer Programs to Select Members: Programs will be offered to Members based on various demographic and psychographic parameters, previous performance, and specific scores determined by FabPiks. If You qualify for a Program, You, as a Member, can join the Program by selecting it from Your Home Page on the FabPiks Website and mobile/email notifications sent to You by following the instructions provided.
Indemnification: You agree to indemnify, hold harmless and defend FabPiks, its Clients, parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and their respective successors and assigns against any claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, debts, expenses, judgments, losses or other liabilities of whatever kind or nature as they are incurred or threatened to arise from or out of or in connection with the following, without limitation:
A breach by You of this Agreement or any obligation or covenant in this Agreement, including Your representations and warranties set forth above.
A violation of any law, rule, regulation, or authority by You in connection with the performance of this Agreement, Your use of the Service, or Your involvement in a Program.
Any negligent, reckless, or intentional acts or omissions committed by You in connection with the entry into or performance of this Agreement, Your use of the Service, or Your involvement in a Program.
A claim against You that the Service or a Program infringes the patent, copyright, trademark, trade secret, or other intellectual property rights of any third party.
A claim of libel, false advertisement, slander, defamation, copyright infringement, infringement of moral rights, trademark infringement, false designation of origin, disparagement, violation of privacy, publicity, identity or other proprietary rights, violation of patent or shop rights, piracy or plagiarism that arises in connection with Your performance under this Agreement, Your use of the Service or Your involvement in a Program. Further, FabPiks shall provide You with:
(a) prompt written notice of such claim or action.
(b)sole control and authority over the defense or settlement of such claim or action (except that You shall not enter into any settlement that materially adversely affects FabPiks’s rights or interests without FabPiks’s prior approval.
(c) proper and complete Information and reasonable assistance, provided at Your sole expense, in connection with the defense or settlement of any such claim or action. Notwithstanding the preceding, FabPiks shall have the right, in its sole discretion, to participate in the defense at its own expense with a counsel of its choosing.
Comments, Complaints, and Questions. We welcome Your feedback about the FabPiks Website. However, any comments, ideas, notes, messages, suggestions, or other communications sent to the FabPiks Website shall remain the exclusive property of FabPiks. We may use all such communications in any manner, including reproducing, disclosing, and publishing such communications, all without compensation to You.
Legal Compliance and Applicable Law: You agree to comply with the legal & statutory laws of India. All disputes shall, if any, be settled by appointment of a sole arbitrator appointed by FabPiks and governed and held in Gurgaon.
Prohibited Actions: FabPiks expects all of its users to be respectful of other people. The following is a partial list of the kinds of conduct that are illegal or prohibited on the FabPiks Website and the Service. In addition to the requirements outlined in Section 25, below is a partial list of actions that are illegal or prohibited by FabPiks in connection with Your Service as a FabPiks Member. Engaging in any of these actions by You while serving as a Member of FabPiks and in connection with Your Service as a Member may, in the sole and absolute discretion of FabPiks, result in the termination of Your membership with FabPiks and Your status as a Member. In addition, in our sole discretion, we reserve the right to investigate and take appropriate legal action against any Member who violates this provision. Prohibited Actions include, but are not limited to, any action which:
(a) Incites, advocates, or expresses pornography, nudity, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.
(b) Misrepresents the source of anything you post, including impersonation of another individual or entity.
(c)Provides or creates links to external sites that violate the FabPiks Terms of Service or Code of Conduct.
(d) Is intended to harm or exploit minors in any way.
(e) Is designed to solicit or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school;
(f) Invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent.
(g)Is illegal or violates any local and national laws that apply to your location; including but not limited to child pornography, illegal drugs, copyright material, and intellectual property not belonging to you.
(h) Is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; including based on age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so.
(i) Intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on Web sites or servers, including but not limited to spamming.
(j) Attempts to impersonate a FabPiks employee, agent, manager, host, another user, or any other person through any means.
(k) Infringes or violates another party’s intellectual property rights (such as music, videos, photos, or other materials for which you do not have written authority from the owner of such materials to post on the Service).
(l) Is inaccurate, false, or misleading in any way.
(m) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment.
(n) Contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
FabPiks is under no obligation to screen or monitor Content but may review It from time to time at its sole discretion. FabPiks will make all determinations as to what Content is appropriate at its sole discretion. FabPiks may edit or remove any Content at any time with or without notice.
Notices and Legal Disclaimer: The FabPiks Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The FabPiks Content may contain inaccuracies or typographical errors, or technical inaccuracies. FabPiks makes no representations about the accuracy, reliability, completeness, or timeliness of any FabPiks Site or the FabPiks Content. Using the FabPiks Sites and the FabPiks Content is at Your own risk. Changes are periodically made to the FabPiks Website and may be made at any time. Information may be changed or updated with or without notice.
FabPiks does not warrant or represent that Members will earn any specific number of FabPiks Rewards, that any specific products, prizes, or services will be available for redemption in the FabPiks Rewards Store, or that the redemption value of any products, prizes, or services contained in the FabPiks Rewards Store will remain unchanged at any given time. FabPiks makes no representations or warranties, express or implied, about any merchandise or services obtained by members through the redemption of FabPiks Rewards under the Program. Only those guarantees, warranties, and representations, if any, offered by the manufacturers of merchandise or suppliers of services may be relied upon by Members.
The above policy of COD and free shipping is not applicable for samples/trials / Sample box or Discovery box.
FOR MEMBERS: INFORMATION ABOUT THE FabPiks SERVICE AND YOUR ACCOUNT A. Accounts: Each Member is limited to one Account. You must keep all registration information current at all times. You may update Your registration information by visiting the Your profile page of the Website and entering or updating the Information requested. An account cannot be used or accessed by multiple persons. Any duplicate accounts are subject to cancellation, and all FabPiks Rewards accumulated in the original and duplicate accounts will be forfeited. B. Accumulation of FabPiks Rewards: At a time of FabPiks’s choosing, We may implement a rewards system with FabPiks Currency. In this case, you will be notified by email and given an updated Terms of Service to review and agree upon
ACCEPTANCE OF TERMS
The terms of Service set forth above shall constitute the understanding between FabPiks and each Member enrolled and participating in FabPiks. Use of FabPiks is governed by, and subject to, the legal notices in this Agreement. Your use of, or access to, FabPiks constitutes your Agreement to be bound by these provisions.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
OTHERWISE USE THE SITE:
Comments and Questions: If you have any questions, comments, or concerns about our Terms of Service, you may contact us at email@example.com. Effective Date: This Agreement is effective and was last updated on December 7th, 2018