Terms and Conditions
1. Definitions
Here are the definitions of the various terminologies until something else is specified.
Account refers to the Account that has been created on the FabsMeta site by any user, following the Agreement terms and has registered & approved by the FabsMeta team.
Agreement refers to the states terms & conditions, the Privacy Policy, and all other terms that have been agreed mutually between FabsMeta & the concerned users related to the various Services.
Applicable Law includes the law, statute, regulation, judgment, rule, ordinance, the rule of law order, decree, writ, clearance, approval directive, Authorizations, circular guideline, code of practice, or several other regulatory, statutory, governmental or administrative restrictions.
Broker is a term that includes channel partners, brokers, sales agencies, as well as any other third party who provide services to the customers who visit the website.
Computer Virus refers to & includes any nature of computer instruction, programme, data or Information which has the ability of destroying, degrading or damaging the overall performance of any computer resource or something which has the ability of attaching itself to any computer resource & starts operating as soon as a data, programme or any instruction is being executed or in case whenever any nature of event is taking place in the concerned computer resource.
Confidential Information refers to and includes the necessary Information which is not meant to be published or discussed on any public domain, in printed, in spoken or in any kind of medium, that indirectly or directly refers to any business processes, assets, methods, practices, subscription plans, policies, documents, publications, service strategies, operations, agreements, techniques, contracts, agreements, transactions, agreement terms, negotiations, potential transactions, knowhow and trade secrets, computer software, computer programs, operating systems, applications, software designs, databases, work-in-progress, records, manuals, articles, reports, material, systems, supplier identity, material sources, vendor information and identity, user information and identity, financial Information, accounting information, legal Information, accounting information, advertising information, marketing information, credit information, pricing information, internal controls, developments, security procedures, drawings, graphics, sales information, sketches, product plans, formulae, inventions, ideas, original authorship works, specifications, discoveries of the affiliates of FabsMeta or any of the respective businesses or any of the prospective or existing customer, investor, supplier or any of the associated party or entity that has directly or indirectly entrusted Information to FabsMeta.
Content refers to the data or Information that are published on the Site.
Government Authority refers to any state, political subdivision, government, or entity that exercises judicial, legislative, administrative or regulatory functions that pertains to any government, department, agency, commission, board etc., having any jurisdiction over the Services and the Agreement contemplated under a certain agreement.
Information Technology Act refers to the Act of Information Technology, 2000.
Intellectual Property refers to inventions, patents, trade secrets, know-how, service marks, trademarks, devices, tools, methods, models, processes, procedures, algorithms, principles, and flowcharts, authorship works, proprietary and confidential Information, discoveries, materials, copyrightable works, developments, machine-readable or printed techniques (whether patentable or copyrightable or not), each of that is not available in any public domain.
Intellectual Property Rights refer to all those rights and interests that are available under any trademark, patent or copyright that are available per the Patents Act, 1970, Copyright Act, 1957 and Trademarks Act, 1999, respectively.
FabsMeta indicates and includes FabsMeta Pvt. Ltd., a company registered under the Companies Act 2013 and has a registered office in Ghaziabad, including its directors, officers, representatives and employees.
Prohibited Conduct refers to and is inclusive of the User's usage of the services in contravention of the Applicable Law and Agreement, abatement of violation of the third party rights, misappropriation or infringement of FabsMeta's or any person's Intellectual Property Rights, attempting to assist or gain another user/person to gain unauthorized access of the services of the Site or any of the related networks or systems, creating unauthorized "mirror" or "frame" contents, the act of spamming, sending unsolicited or duplicated messages, using or storing threatening, obscene, libelous, tortious or unlawful contents etc.
Privacy Policy refers to the privacy policy of FabsMeta, more specifically described in Section II later.
Registration Data means & includes the email address, mobile number, username, as well as other necessary particular or/and Information that are required by FabsMeta & supplied by any User on any subscription.
Personal Information refers to and includes the details of PAN Card, Aadhaar Card, Financial Information like a credit card, debit card, bank account details, biometric Information and any other kind of sensitive Information of the User or/and concerned person which personally identifies such a person/User.
Services refer to and include those services that are being provided by FabsMeta and will include those provisions of connecting the verified service providers from different categories to the end users.
Site refers to the website owned, operated & managed by FabsMeta at the URL www.fabsmeta.com and includes the mobile app that is being operated & managed by FabsMeta Pvt. Ltd.
Terms & Conditions refer to those terms & conditions contained within the Agreement detailed in Section I.
Third-Party Service Provider refers to those service providers with whom FabsMeta has signed an agreement to list their service offerings on the FabsMeta online platform.
User refers to any individual who accesses the FabsMeta site or has opted to avail of any of the listed services.
User Information includes Information like Personal Information, Registration Data or any such details, data about FabsMeta's User, provided the User does not have any relation to the Services if through the Site, email or any kind of communication that is agreeable to FabsMeta and the users.
2. Interpretations
Unless there is anything else specifically stated, the context would mean the following:
a. Reference to any law or legislation will necessarily include any such law or legislation as this may be amended at any point of time, supplemented or even re-acted. Any reference to any of these statutory provisions will include any of the subordinate legislation that is made at a time under a particular provision.
b. Any such reference in this particular Agreement to a person may include any corporation, individual, governmental agency, unincorporated organization or partnership business shall also include their successors respectively and permitted assigns and in case of any individual shall necessarily include his legal representative, executor, administrator and heirs & in case of a trust shall include the trustees.
c. The clauses and section headings are for the ease of referring to the same and should necessarily be ignored while constructing the relevant Clauses and Sections.
d. The singular always included the word's plural. The vice versa is also true. The words that import to a specific gender may include all genders.
e. Specific words like 'otherwise' or 'other' & 'whatsoever' are used generality to connect the preceding matters or words and maintain the right flow of writing a matter.
3. Accepting all the terms & conditions
a. FabsMeta agrees to provide to any User, and the User automatically agrees to avail of the services from FabsMeta as per the Agreement, and the User agrees to all the mentioned terms & conditions.
b. Any user necessarily undertakes to be bound by the mentioned Agreement every time any user accesses the FabsMeta site & tends to complete the procedure of registration.
c. Any user automatically represents & warrants to FabsMeta that they are above 18 years of age and are fully capable of entering and performing/adhering to the mentioned Agreement.
4. Accessing the Site
a. The users using the FabsMeta site for the first time can access this Site only for preliminary browsing unless they create an account on the website.
b. The users automatically undertake as well as agree to provide their User Information when they create any Account on the Site or upload any content on the Site for enquiring and availing any services through FabsMeta.
c. FabsMeta will always verify every Account created by any user by requesting a one-time password sent to the User's mobile number. The User automatically undertakes & agrees that one mobile number can be used only once for creating an Account on the FabsMeta website.
d. Any user of FabsMeta undertakes to necessarily cooperate with any of FabsMeta's personnel in connecting with the users' access to the FabsMeta website and may be required by FabsMeta.
5. Subscription plans
a. FabsMeta offers the right combination of the various Services to which a User can subscribe as per the needs of the concerned User, upon making a payment of the mentioned applicable fees.
b. The subscription fee that a particular User is paying is not refundable unless the User selects any kind of an offer which involves a Moneyback Plan.
c. FabsMeta reserves the right to revise any kind of proposed service fee of a subscription without providing any explanation to any user at their own discretion.
6. User Information
a. FabsMeta shall be responsible for the quality, accuracy, legality, integrity, appropriateness, reliability and rights of intellectual Property regarding the Users' Information.
b. FabsMeta will not stand liable or responsible for correction, deletion, damage, destruction, failure or loss to store any User information in part or whole.
c. FabsMeta reserves all the rights of withholding access, removing or discarding any User information from the FabsMeta site, in part or in whole, completely at its sole discretion.
d. FabsMeta holds the right but is not obligated to maintain or forward any nature of User Information and to verify the authenticity of the provided User Information made available by the users on the FabsMeta site.
7. Rights of FabsMeta
a. FabsMeta, at any time, reserves all the rights of disabling or rejecting a consumer account in case the User violates any of the mentioned Applicable Laws for maintaining the security and safety of the website in the short and long run.
b. As per the applicability of law, FabsMeta has all the necessary internal infrastructure for conducting any necessary background checks and verification of a created Account or the mentioned User Information for ensuring that the users are not registering any fake accounts on the website.
c. FabsMeta holds the right to modify, suspending or terminating any or all the parts of the Services, and this includes the structure, features, layout, fees etc. FabsMeta can also deactivate or suspend a User account temporarily or permanently without providing prior notice to the concerned User.
d. FabsMeta will endeavour to provide any concerned User in providing notice in advance, without any necessary obligation of doing so, of any deactivation or suspension of the Site to repair or rectify any error that is present on the Site and for the restoring of the regular operations of the FabsMeta site.
e. FabsMeta has all the rights to issue notifications, communications, and confirmations to a user on the Site via text or email messages or any other form of communication concerning the services they provide to the users. FabsMeta holds the right to send e-mail bulletins to the users' email ids unless the users opt-out out receives these emails. These specific emails may likely contain tips, Information & useful suggestions for the users.
8. Data protection rights by European Union
i. According to the applicable laws of EU GDPR, FabsMeta acknowledges as well as undertakes to comply on all the rights that are given to the Users of EU/European Nationality residents as listed below:
a. The legal right to know the purposes for which the user information is being collected and where it is used.
b. The legal right to access Information that identifies the users personally
c. The legal right to rectify any nature of incorrect Information
d. The legal right to remove or delete any kind of Information once the Services are discontinued
e. The legal right of porting data
f. The legal right to restrict Information or data being processed
g. The legal right of opting out from sharing or providing any info with FabsMeta
ii. The FabsMeta users to whom this EU GDPR applies to understand & acknowledge that all these rights are completely subject to the Applicable Law and are not just an exhaustive list available to the pursuant covered under EU GDPR. All relevant users under this law can exercise their rights by just raising a direct request with FabsMeta at support@fabsmeta.com.
9. Unauthorized Access
a. A user shall be held liable for all the acts that are conducted through a specific User's Account & will be responsible for keeping the details safe and the Account's password.
b. Obeying the laws applicable, a user of FabsMeta should be responsible for notifying FabsMeta immediately upon knowing that some misuse or unauthorized access has occurred.
c. FabsMeta will surely extend the required support by ensuring the immediate suspension or termination of such an Account and will implement the necessary safety measures as deemed necessary. Further, FabsMeta will also not be liable for any nature of unauthorized access into the Account or/and damage or loss that is caused to any user of FabsMeta due to any nature of unauthorized access.
d. For maintaining the secrecy of the sensitive Information of the users, the users should necessarily be encouraged to keep changing the Account password often.
10. Usage of Information
a. FabsMeta completely undertakes the procurement, usage, storage as well as dissemination of the user information or content, from case to case, once the Agreement is terminated with a user.
b. A user unequivocally and irrevocably authorizes FabsMeta to utilize the User information for any of the purposes listed below:
• Provision of services as per the Agreement
• Disclosing the user information to the officers, directors, advisors, employees, counsel, auditors or any of the authorized representatives om a requirement to know based on the service provision
• Contacting a service provider of a third party category or facilitating or enabling the services of a Third Party for the User pursuant to the arrangement between FabsMeta and any of the third-party provider of services
• Conducting consumer research, internal studies, and surveys and thereafter preparing the reports accordingly as per the services
• Filling in the registration data for an Account or receiving the necessary alerts by contacting the users
• Sending contact details, alerts, promotional calls and promotional messages to the users
c. Services of a third party
• Subject to the request and need of the User, FabsMeta will engage indirectly or directly in the services of Third-Party providers of service, as per the terms & conditions separately.
• FabsMeta may recommend services of a Third Party provider of service to the User for providing a one-stop solution as per the nature of the service involved.
• FabsMeta will have the unequivocal consent of the User in sharing the user information, in part or whole, with any third-party provider of service, without any intimation to any user.
• FabsMeta's website may very effectively serve as a valuable platform for any interested or relevant Third Party provider of services to promote or advertise their services in relation to all the services that are provided through FabsMeta.
d. Tailored Advertising
• The User agrees or acknowledges that the third-party providers of services may make use of cookies or some similar technology for collecting Information regarding the pattern of the users in availing of the services. This will help the third-party providers of services in informing, optimizing and providing advertisements based on the user's visits to the FabsMeta site and the pattern of the general browsing of the users.
• FabsMeta permits the third-party providers of services to serve some tailored advertisements to the website uses and also permits the parties to access their cookies or some other technology for availing the Information of the users who visit the Site for enquiring about and availing the services.
11. FabsMeta Platform
The users of the FabsMeta platform agree and acknowledge that FabsMeta is an online platform which allows users to interact with each other for the listing purpose of their property on the website or/and search for the right options. The users should further thoroughly understand as well as accept that:
a. The FabsMeta users are responsible for the choice or/and interaction with the site users. FabsMeta is just a facilitator who will not be held liable or responsible for the interaction/selection of the users with any other site user.
b. FabsMeta may provide all its users with the profile previews of any other user who may deem suitable to fulfil the users' requirements based on the info provided by the users and browsers to FabsMeta.
c. Information regarding all the FabsMeta users and/or any of the third parties who offer services to the users availing through the Site as per the display on the Site for general reference purposes.
d. The users of the FabsMeta site are supposed to understand & agree all the interactions as well as the associated issues with the site users or service providers.
e. FabsMeta cannot assure that all of the transactions will be completed, nor does FabsMeta guarantee the users' intent or ability to fulfil all their obligations in a specific transaction. FabsMeta advises the users to perform their investigations before selecting or interacting with any other site user.
12. FabsMeta payment terms and conditions
a. Role – Any user registered on the FabsMeta site may make a payment to any third-party providers of service through the secure payment gateway that FabsMeta authorizes. In this particular regard, the users are asked to provide their customary billing information like their name, information of the financial instrument that shall include the bank account details etc. the users take the complete onus for providing their current, accurate as well as complete information at the time of making a payment.
b. Authorization – The User automatically acknowledges that all of its users authorize FabsMeta to receive, hold & disburse the funds as per the payment instructions of the User.
c. Fees – The User agrees that FabsMeta may charge them a particular service charge for using the Site to make payments to the third-party users of FabsMeta.
d. Limits of the transaction – FabsMeta may suspend, delay or reject a transaction for any payment being done for any specific reason. This may happen in cases when FabsMeta deems a particular transaction to be fraudulent, unauthorized, unlawful or suspicious.
e. Chargebacks – The transaction amount may be reversed or charged back to the User in case a sender is disputing a transaction or not authorized by FabsMeta.
f. Liability –The User automatically agrees not to hold FabsMeta responsible or/and liable for any nature of claim or issue that may arise at the end of the User's financial institution/bank.
g. Restrictions and fraud – FabsMeta holds the right to ask for any additional documentation that may be necessary in case a transaction appears to be suspicious.
13. FabsMeta packers and movers terms & conditions
a. The consignments that are accepted for dispatch through a service provider's lorry or any other vehicle are carried entirely at the owner's risk. The users are strictly advised to keep their jewelry/cash/valuables in their safe custody while they are opting for the packers and movers service. FabsMeta will not be held responsible for any nature of loss or mishappening due to mere negligence of the users. All the damage claims and agreements that may arise due to the service may be reported to the Company's helpdesk.
b. To ensure the smooth provision of the services, the users are usually required to intimate FabsMeta well in advance in case the vehicle booked through FabsMeta can entire the premises of the property where the consignment is to be delivered.
c. The packing materials that are to be used by packers and movers service providers will be taken back by the provider on the very same day.
d. FabsMeta quotes fees are subject to different factors, and thus a slot is to be booked well in advance. The fees are subject to change if the inventory/movement date/distance of travel changes.
e. The fees that FabsMeta charges for sourcing the service provider to the User will not include any carpenter work, dismantling, fitting or electronic or electrical appliances or any other work.
f. The User should agree upon the mode of payment for the sourcing of service provider at FabsMeta's discretion.
14. Site's Content
FabsMeta will endeavour to ensure that the Site's content is always monitored to ensure the same always abides by the Applicable Law. In this particular regard, the users represent as well as warrant that they shall not do any of these following via FabsMeta site or otherwise as well in connection to any of the service offered by FabsMeta:
a. Attempting or helping someone else in attempting to receive unauthorized access to the FabsMeta site or its related networks or systems.
b. Using the Site for violating any of the Intellectual Property Rights of any particular person
c. Sending contents that are spam or duplicative, or unsolicited and violates the Applicable Laws
d. Storing or sending obscene, infringing, libelous, threatening, tortious or unlawful materials that can prove to be dangerous for children and violating the third party's privacy rights.
e. Storing or sending materials containing software worms, viruses, Trojan horses or any other kind of harmful computer files, codes, programs or agents
f. Licensing, selling, sublicensing, reselling, assigning, transferring or distributing certain commercially exploitative materials that are available to any of the third parties.
g. Making or modifying derivative works that are based upon the content and service of FabsMeta.
h. Creating "links" to the FabsMeta Site
i. Copying features, ideas, graphics or functions from the FabsMeta Site.
15. Content generated by the users
FabsMeta site may contain "UGC" or User Generated Content, which FabsMeta team does not pre-screen & that may be the opinions of the Experts or the Users. These particular views, under any circumstances, represent the views, beliefs or opinions of FabsMeta. FabsMeta does not claim any nature of ownership rights in terms of files, text, videos, images, musical works, sounds etc. After posting any of the UGC on the FabsMeta site, the users will continue to have their rights to those UGC. FabsMeta will do its best to edit, monitor, or remove some of the UGC that the team finds inappropriate. FabsMeta also does not guarantee or promise that all the contents published on the Site are always complete, accurate or updated.
16. Intellectual Property
a. FabsMeta respects the Rights of Intellectual Property owned by others and always suggests the users of the Site respect the same. The User will hold the sole responsibility for ownership of the Intellectual Property or any right to use any kind of information that the Users may likely submit through the Site, and the users may not use the Site in transmitting or reproducing someone else's Intellectual Property.
b. The User will be liable for any acts that may include but may not be limited to the FabsMeta's Rights of Intellectual Property:
• Misrepresenting the User's content or information as their property
• Usage of any other's content indirectly or directly, privately or publicly.
c. Any user of FabsMeta should not post or upload anything on the FabsMeta site which is the Intellectual Property of others as per the prevailing Applicable Law.
d. FabsMeta reserves all the rights to initiate certain appropriate legal proceedings against a user of FabsMeta or any third party of FabsMeta as per the Applicable Law.
e. A user of FabsMeta agrees and accepts that FabsMeta shall possess certain Rights to Intellectual Property on the published information on the Site.
17. Attacks of computer viruses and operational hazards
a. FabsMeta never warrants in any manner that the software used by FabsMeta will remain completely free from harmful components as well as operational hazards like Computer worms, viruses, Trojans etc.
b. FabsMeta will endeavour to keep the Site secure against all possible viruses, bugs or any kind of technical problems that may pose a hazard to the industry's best practice.
c. FabsMeta will not be held liable for causing any kind of injury or damage that is caused due to the performance failure, omission, error, deletion, interruption, delay or effect in the transmission or operation process. FabsMeta will also not be responsible for a sudden attack of a Computer Virus, site crash, link failure, hardware/software malfunctioning, network unavailability, failure of the communications line, unauthorized access etc.
18. Disclaimer
a. The opinions and information available on the FabsMeta site in relation to the offered Services are only guidelines and general information on the subject.
b. The content available on the Site should not be taken as professional, legal or financial advice by any FabsMeta user. FabsMeta advises users in making independent enquiries & obtaining professional advice before making any final buying decision. The prices, locations and measurements mentioned on the Site are deemed to be approximate, and there is no responsibility being taken by FabsMeta for any kind of omission, error or misunderstanding of any of the information.
c. The services offered on FabsMeta are chosen & used at the discretion and risk of the User, and FabsMeta does not make any nature of representation or warranty of the services being offered by the third parties.
d. A FabsMeta user completely understands & acknowledges that the User assumes some risks before interacting with any other user/ third party etc., and the concerned User is solely responsible for the assessment of their specific requirements.
e. FabsMeta expressly disclaims any responsibility or liability, howsoever or whatsoever, as a result of listing/content that is posted on the Site.
f. FabsMeta does not provide a warranty to the Services or the results obtained by the User by opting for the services from a third-party through FabsMeta.
g. FabsMeta will not be held responsible for the reliability or accuracy of the reports of the third party, analysis, studies, market information etc.
h. FabsMeta is not obligated to physically meet, conduct background checks, or conduct police verification of the users or third parties.
i. FabsMeta will not be held liable for any nature of costs, expenses, damages or losses that are incurred from the User's engagement in Prohibited Conduct & availing of the services of the third parties.
j. FabsMeta will not be held responsible for refunding, indemnifying or reimbursing any of the Site users for any damage, loss, or expense that is suffered by them while availing of any Third Party Service.
k. FabsMeta will not be held responsible for the third-party costs, fees, expenses or charges that any user incurs for accessing the Site. FabsMeta shall not be held liable in terms of legal proceedings or disputes that may take place between a user of the Site and a third-party vendor.
l. FabsMeta neither has any access nor any Agreement governing the usage of any cookies or other tracking technologies that the Third Party Service providers are using.
m. FabsMeta will not be held liable for the third-party service providers' defective or non-performance of late performance under any circumstances.
19. Liability limitation
FabsMeta's total aggregate liability under an Agreement is limited to the fees paid by a site user to avail of a service.
20. Indemnity
FabsMeta, as well as its officers, employees, directors, as well as its agents, collectively at all times, be indemnified against costs, losses, claims, expenses, damages, suits and damages incurred to FabsMeta, indirectly or directly from use or third party will include the following:
a. Agreement terms breached
b. Claims arising from the third party from an alleged infringement
c. Claims made by any of the Government Authority due to violating the Applicable Law
d. Alleged or actual gross negligence or willful misconduct as per the Services of the Agreement.
e. An act committed by a user may result in damage or loss incurred or suffered by some other site user or third parties.
21. User Grievance
Any of the user grievance to any of the misusing of any information or discrepancies provided to FabsMeta will be addressed by a dedicated grievance officer of FabsMeta.
22. Severability and waiver
a. No delay or failure on the part of FabsMeta in exercising any remedy or right shall operate as a waiver of such remedy or right.
b. In that event that any of the terms & conditions of the Agreement are declared to be invalid by the court of law.
c. The unenforceable or invalid provision shall be constructed for reasonably buy, reflecting the party's actual intention while drafting the same.
23. Amendment
a. FabsMeta shall update, change or modify this Agreement, in part or whole, without providing any prior notice to the User.
b. The uninterrupted & continued usage of the User regarding the services and the Site will be deemed as an acceptance and acknowledgement of the updates, changes or modifications done to the Agreement.
24.RESOLVING DISPUTES
a. In the event of a dispute arising between FabsMeta and You, our aim is to provide you with a quick and cost-effective means of resolution. You and FabsMeta hereby agree to resolve any disputes or issue that takes place of these Terms of Use Agreement or in connection with the Website, in accordance with the Terms mentioned hereunder.
b. Before filing a formal lawsuit, we encourage you to first contact us directly via email: support@FabsMeta.com, to find out a resolution through Alternative Dispute Resolution (ADR) which typically includes neutral evaluation, conciliation, negotiation, mediation and arbitration in lieu of courtroom trial.
25. Governing jurisdiction and law
Any claim, action, dispute or any difference arising out of the Agreement, including any such question regarding the validity, existence or termination, will be governed as per the Indian laws and under the court of law.
This Terms of Use Agreement is governed, in all respects, by the Laws of India.
You agree to resolve any disputes you have with FabsMeta or settle any legal proceedings which may arise out of this Terms of Use Agreement, exclusively in the Courts of Ghaziabad (Uttar Pradesh, India).
