Terms & Conditions

Welcome to www.fabmarket.in (“Website”), a site operated by HT Overseas Pte Ltd or its subsidiary(ies) and/or affiliate(s) (collectively referred to as the "Company").

This is a legal agreement ("Agreement") between you (“you,” “your” or “yourself”), as the User (defined below) and the Company (“we”, “us”, “our”) stating the terms (“Terms”) herein that govern your use of our services including but not limited to all information, materials, content, applications, software and services made available to you through the same by us (collectively, “Service(s)”).

“User” shall mean any person/entity, who access, download, avail or use our Services.

“Use” of the Website includes but is not limited to accessing, browsing, downloading, purchasing from or registering to use the Website.

“Term” shall mean a period of 12 months from the date of purchase.

“Territory” shall mean the country addressed in invoice generated.

“Rights” shall mean non-exclusive, non-transferable and revocable in nature.

In order to use the Services, you need to be 18 years or above and have the power to enter a binding contract with us and are not barred from doing so under any applicable laws.

Please read this Agreement carefully before opting for any Services. By using the Website and/or by clicking "I agree" and/or otherwise accessing/availing its Services thereof, in any manner whatsoever, you are acknowledging that you have read and understood this Agreement and consenting to become a party to this Agreement, and agreeing to be bound by and comply with the Terms herein. In addition, you agree to comply with all local, state, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or its Services.

Please discontinue using the Service immediately if, for any reason, you do not accept and agree to all the Terms of this Agreement in any manner or you believe you will not be able to comply with any or all the Terms and Condition mentioned hereinafter.

CHANGES TO THESE TERMS: We reserve the right to change, add, or remove any or all terms and conditions at any time. If any modification is unacceptable to you, you must stop using the Services. We will ask you to accept all terms and conditions each

time you are availing the Services. You must read all terms and conditions each time you use the Services to be aware of your rights and obligation under this Agreement.

You should check back frequently and review the Terms of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the Terms of your Agreement with us. If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the Terms of this Agreement unless we notify you that different terms apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

ACCOUNT REGISTRATION

• To use the Services of the Website you must register and provide certain information (e.g. a member (user) name, password and valid email address) to the Company ("Registration Data") for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time of registration and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, communicating, streaming and/or purchasing to all sections of the Website.
• The Company may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, misleading, or, if the Company, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards etc. associated with your registration. You agree that the Company may store and use the Registration Data for billing fees to your credit card and maintaining your Account.
• You are solely responsible for maintaining the confidentiality and security of your Account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify the Company immediately of any unauthorized use of your password and/or Account. The Company shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify the Company, its partners, parents, subsidiaries, agents, affiliates and/or

licensors, as applicable, for any improper, unauthorized or illegal uses of your Account.

• You may not use anyone else’s account and password at any time, without the express permission and consent of the holder of that account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these
• You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, the Company shall have the right to terminate your Account and pursue all available remedies at

CONSENT TO OUR COMMUNICATION WITH YOU BY E-MAIL: By establishing

an Account, you grant permission to the Company to contact you at your provided e- mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc., if applicable). You can update and manage your email preferences, under your accounts settings.

SYSTEM REQUIREMENTS FOR USAGE: You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the internet, and/or (b) to access the Website, and/or (c) to browse, stream, download the Content. If you access the Website over mobile or via an IOS or Android application (“Mobile Services”), data charges may apply. You must provide at your own expense the equipment and connections needed for you to use the Mobile Services, and you agree that you are solely responsible for any costs you incur to access the Mobile Services, including any excess data charges. You should keep in mind that the use of the Mobile Services to send content to another person may result in wireless charges to both the sender and the receiver.

ELECTRONIC SIGNATURES AND CONTRACTS: Your use of the Website and establishment of an Account includes the ability to enter into Agreement and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the Terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.

PRODUCTS:

The Product shall mean the "Program(s)/ Content(s)" including but not limited to:

1. Music Shows
2. Drama & Story telling shows
3. Comedy Sparklers
4. RJ Talk shows
5. Imaging
6. Jingles
7. Star Bytes
8. Celebrity Interviews
9. News

and related digital audio content on the Website is the property of the Company and/or its affiliates and is protected by trademark, copyright, and other intellectual property rights laws. The audio Products under Program/Content defined herein are chargeable and the prices of Products/Content will be as quoted on the Website.

There will be demo clips (a "Demo Clip" is a portion of a Program/Content of 30-40 seconds that will give you a brief idea about the Content/material a particular Program is having) on the Website. You may listen to those Demo Clips which you can play directly on the Website and while you are logged on through your Account at no cost to you before selecting/buying a specific Program/Content. You may play as many Demo Clips as you like but you may not attempt (or support others' attempts) to capture, copy, or download a Demo Clip.

All sales are final upon the payment for the Program/Content. A sale is confirmed immediately when you begin to download the Content from the Website and you will have no right to cancel your contract once the sale commences. Your use of downloads from the Website is conditional upon your prior acceptance of all Terms referred to herein.

We reserve the right to modify or withdraw, temporarily or permanently, the whole/any content and Services of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification or withdrawal of the Website.

NON TRANSFERABLE

Under the Terms of this Agreement, a non-exclusive license is granted for single use unless earlier terminated and is not transferrable. Only the original purchaser of the Content/Product has the right to embody and utilize the Product/Content.

This Agreement expressly forbids the copying, lending, duplicating, sublicensing, trading, resale, rental, loan, gift or transfer of any part of the Content/Product or a copy thereof, in any format or via any medium, to another person or company. You shall not create any derivation work from our licensed Program/ Content which may be licensed to you for limited period for a particular Territory only. Any unlicensed usage will be prosecuted to the maximum extent possible by law.

REQUIRED THE LICENSE FOR THIRD PARTY CONTENT (e.g. MUSIC CONTENT)

You shall be solely responsible for the processing, procuring, and maintaining all necessary statutory, blanket, or other copyright licenses for the use of sound recordings and underlying musical works (collectively, the “Musical Content”) within the Territory, if any, included in the Content/Program or materials including, without limitation, payment of any public performance/digital music licenses or royalty payments which may be required to be paid within the Territory to any party from the copyright holder such as PPL, PRS, ASCAP, BMI, SESAC or any like organization/society(ies) on account of the broadcast of any Musical Content contained in the Program.

PROHIBITED USES OF CONTENT

Without the prior written consent of the Company or the applicable copyright holder, the use of the Product/Content will be as provided in this Agreement.

You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

You will not use the Program downloads, streams and/or previews in conjunction with any other third-party content (e.g., Music Content) unless you obtain such rights from the copyright holder. Any other manner of network file sharing and transfer of downloads, streams or previews to devices for such purpose is expressly prohibited and is a violation of copyright law.

PAYMENT AND BILLING

You agree to pay for the Program/Content that you purchase (excluding Musical Content) through the Website. Company may charge your debit/credit card for any Products purchased, and for any additional amounts (including any taxes as applicable)

as may be accrued by or in connection with your Account. You shall separately pay and take license from copyright holder in the Territory for the commercial exploitation or use of Musical Content.

You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred.

The price/ rate for a particular Product/Content will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for Product/Content at any time and do not provide price protection or refunds in the event of a price drop or promotional offering.

The Company may, at its discretion, modify, suspend, or discontinue the Website and its Services (or any part thereof, including any Product) at any time with or without notice to you, and Company will not be liable to you or to any third party should it exercise such rights.

NO REFUNDS

All sales are final and all charges from those sales are nonrefundable. Please note that once downloading has commenced, we are unable to refund for such orders. Further, the Company will not refund any fees for Products or Content that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of the Company.

NO RESPONSIBILITY FOR TYPOGRAPHICAL ERRORS: Due to the rapidly

expanding, broad selection of Content on the Website, it is possible that Products/Content may be accidentally mispriced. In such an event, the Company reserves the right not to accept end user orders with prices based upon typographical errors.

OBJECTIONABLE MATERIAL: While using the Website, you understand that you may encounter any content that may be deemed objectionable, indecent, or offensive, which may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use these Website links at your own risk and the Company shall have no liability to you for content that may be found objectionable, indecent, or offensive. The Company reserves the right, but not the duty, to remove content it finds, in its sole discretion, objectionable and/or offensive.

You agree not to attempt any unauthorized access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

COPYRIGHT: You acknowledge and agree that all copyright in all program and Content provided as part of the Website shall remain at all times vested in us or our licensors except where specifically mentioned herein in this Agreement. You may not, and may not cause or encourage others to, reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, scrape for the purposes of replicating or republishing (by you or by third parties), publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Website without the prior written consent of the Company, except as provided in these Terms.

You may copy, download one copy on a single computer, and print a limited amount of content, for use as specified in these Terms or otherwise permitted by the Company, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests the Company promotes or endorses your or any third party’s causes, ideas, products, sites, applications, platforms or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity.

The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to the Company, its affiliates and/or third party. You are permitted to use this material only as expressly authorized by us.

TRADEMARKS: All trademarks, service marks, trade names, slogans and logos that appear on or in connection with the Website are the property of the Company and/or its affiliates. You may not copy, display or use any of these marks without prior written permission of the mark owner except if you have a license, or have an obligation or are permitted to use by us under this Agreement.

LOCATION BASED SERVICES

We collect geolocation data for purposes of offering relevant content to you. Geolocation data consists of general location information based on latitude and longitude (if the user has enabled location services for an application on the user's mobile device) or based on the IP address of the user's computer or mobile device. By using any of the Services, you consent to the Company's collection of this geolocation information.

SEVERABILITY, WAIVER AND INTERPRETATION

Unless as otherwise stated in this Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by the Company and its affiliates or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive the Company’s or the applicable third party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

ASSIGNMENT

The Company may assign, transfer, delegate and/or grant all or any part of its rights and properties under the Agreement to any person or entity. You may not transfer, assign and/or sub-license your rights, in whole or in part, under the Agreement, to any third party. Any attempt by you to do so is void.

ENTIRE AGREEMENT: These Terms referred to herein (as amended from time to time) contain the entire Agreement between you and the Company relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms.

ENFORCEMENT OF THESE TERMS

You agree that the Company has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as the Company believes, is reasonably

necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party's rights).

TERMINATION/CANCELLATION

If you fail, or the Company suspects that you have failed, to comply with any of the provisions/Terms of this Agreement, including but not limited to: failure to provide accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities the Company believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, squatting usernames or profile accounts, or any other violation of this Agreement, the Company, at its sole discretion, without notice to you, may: (i) terminate your Account, and/or (ii) preclude your access to the Website (or any part thereof), and (iii) seek any other lawful remedy available. In such case, you will not liable to any refund.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

• You agree that from time to time we may remove the Website, or any Program / Content of the Website, for indefinite periods of time, or cancel the Website, or Programs / Content of the Website, at any time, with or without notice to
• We make no warranty that any particular browser, software, hardware, or portable device will be compatible with the Website or any Content offered on the Website.
• Under no circumstance shall we be liable for any unauthorized use of the Website or its
• Content of the Website is not intended to substitute for professional advice of any
• To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed amount paid for the specific Content/Program or services
• All Content on this Website is provided to you on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including

warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you may obtain from the Website is free of viruses.

• We may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the
• We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content on it, or on any Website linked to
• We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  1. use of, or inability to use, the Website; or
  2. If you are a business user, please note that in particular, we will not be liable for:
     • loss of profits, sales, business, or revenue;
     • business interruption;
     • loss of anticipated savings;
     • loss of business opportunity, goodwill or reputation; or
     • any indirect or consequential loss or
• We do not make any warranties as to the results that may be obtained from use of the Services or endorse, recommend, or make any warranties as to the content, information, materials, user materials, features, services, products, opinions, or statements available on or through the Website or through links on the Website. Use of the Website is entirely at your own

INDEMNITY

By using the Website you agree to defend, indemnify and hold harmless the Company and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney' fees and court costs) arising from or concerning your breach of the Terms of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to

recover any damages or other payment from the Company and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and Service hereunder.

Privacy Statement

Privacy statement shall apply to all services, technology and applications available on the Website. By using and accessing the Services, technology and applications, you hereby agree to be bound by HTOS privacy statement.

Right of Access

HTOS reserves all rights to deny or restrict access to the websites to any particular person, or to block access from a particular Internet address to the websites, at any time, without ascribing any reasons whatsoever.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the websites, use any robot, spider, other automatic device, or manual process to monitor or copy any pages within the websites or the Content without HTOS’s prior written permission, and take any action that imposes a disproportionately large or unreasonable load on STB’s servers.

GOVERNING LAW

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the Singapore laws and Singapore Courts shall have the exclusive jurisdiction over any disputes relating to the subject matter of this Agreement.

You agree that if any dispute(s) or difference(s) arise between the Company and you both, in connection with or arising out of this Agreement, will attempt to settle such dispute(s) by mutual discussions. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties shall be free to pursue any right or remedy available to them under applicable law.

CONTACT US

If you have any questions concerning the Company’s Service or the Agreement, please contact us @ fab@hindustantimes.com.