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Terms of Use

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/HTOS").

The following Terms of use (hereinafter referred to as “Terms”) apply when you visit, access or use the Website and/or its services. Your access or other use of the Website and/or its services constitutes your agreement to be bound by the Terms set forth below. Hence, we insist that you must spend time reading these Terms carefully before accessing or using this Website.

By using the Website or otherwise accessing/availing its services thereof, in any manner whatsoever, you are acknowledging that you have read and understood the Terms and agreeing to be bound by and comply with the terms & conditions set forth herein. In addition, you agree to comply with all applicable laws and regulations that apply to your use of the Website or its services.

Please discontinue using the Website immediately if, for any reason, you do not accept and agree to these Terms in any manner.

You must be 18 years or above to use this Website and its services and if you are 13 years of age, but less than 18 years of age, you must obtain your parent or guardian’s consent to use this Website and its service under supervision of your parent or guardian You must have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to HTOS: You must be at least 18years of age. If you are at least 13 years of age, but less than 18 years of age, you must present these Terms to your parent or legal guardian, and he or she must click "AGREE" or “SIGN UP,” as may be applicable, on your behalf.

In order to provide access of the Website and its services to you, we may request you to register and/or provide and /or confirm information about yourself. We trust that any information provided by you will always be true, accurate, complete and updated.

CHANGES TO THESE TERMS: We reserve the right to change, add, or remove any of these terms at any time without any notification to you. You should frequently review the Terms so you are aware of the most current rights and obligations that apply to you. Your continued use of the Website after changes to the Terms means you agree to be legally bound by these Terms as updated and/or amended.

CONTENT: The Content shall mean and include the audio clips, audio-visual clips and allied services etc. (“Content”) provided by HTOS through Website. The Content contained in this Website belongs to HTOS or its licensors and is protected under applicable laws for e.g. copyright, trademarks, etc.

USAGE: A non-exclusive license is granted to use the Content (for single use) on purchase of the Content by you or license to you unless earlier terminated and is not transferrable. Only the original purchaser of the Content has the right to embody and utilize the Content.

You are expressly prohibited to copy, lend, duplicate, sublicense, trade, resale, rent, loan, gift or transfer of any part of the Content 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 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.

You agree to use the Website and its Content only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of HTOS or its licensors.

The Website is currently accessible via computer or on a mobile phone and in future could be accessed through other mediums as well (collectively called “Devices”), and the downloading of its Content and services can only be accessed through a valid internet connection. HTOS is not responsible for any

unavailability of Content and services due to connectivity issues or any other technological reasons; therefore, you are solely responsible for checking with your Internet Service provider to make sure a valid internet connection is available for your device(s). Nevertheless, all use of the Website and related services must be in accordance with these terms and conditions. At the time of purchasing, availing or subscribing to any Services available on the Website, you shall be asked to give your consent to the specific terms and conditions applicable to the respective use of Content. The Terms and specific terms and conditions applicable to each Content or Services will be binding on you all the times.

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
  • 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 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 Company may store and use the Registration Data for billing fees to your credit card and maintaining your
  • 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. 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
  • 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, Company shall have the right to terminate your Account and pursue all available remedies at

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.

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, 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, 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 Company shall have no liability to you for content that may be found objectionable, indecent, or offensive. 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.

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.

RESTRICTIONS ON YOUR USE:

  1. You will not use the Website, or any Content provided thereof for any purpose that is illegal, unlawful or prohibited by this
  2. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Website or any component or content thereof, available to third parties, directly or
  3. You will not use the Website in a manner that threatens the integrity, performance, or availability of the
  4. You may not use any robot, spider, other automatic devices, or manual process to monitor or copy our Website or the Content without HTOS prior written
  5. You will not attempt to or engage in any activity that may:
    • collect information about other users of the Website for any illegal or unlawful purpose;
    • create any user accounts by automated means or under false or fraudulent pretenses for using the Website;
    • transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Website;
  • use the Website in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Website, or interfere with any other third party's use and enjoyment of the Website.

ERRORS: HTOS does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected.

TERMINATION: Your access to the Website may be terminated if you knowingly or unknowingly cause direct or indirect breach, as ascertained by HTOS, of these Terms and/or Privacy Policy or terms of you Agreement (which you have entered into at the time of buying the Content and allied with HTOS) as a whole or in part.

We may have to terminate your access to the Website if (a) you collect information about other users of the Website for any illegal or unlawful purpose; (b) We are required to do so by any law, or; (c) The provision of Website to you, is no longer viable or feasible for us.

PRIVACY: Our Privacy Policy (hyperlinked) explains how we treat your personal data and protect your privacy when you use the Website. By accessing the Website, you agree that we can use such data according to our Privacy Policy.

You are responsible for maintaining the confidentiality of passwords, you use to access the Website. Accordingly, you are solely responsible for all activities that occur with your device. If you become aware of any unauthorized use of your device, you will notify the relevant authorities as soon as possible

COPYRIGHT: You acknowledge and agree that all copyright in all Content provided as part of the Website shall remain at all times vested in HTOS or its licensors except where specifically mentioned herein. The use of the Website, or any Content on the Website, except for use as expressly permitted herein, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in these Terms are reserved to Company or its licensors. 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 HTOS. You may not copy, display or use any of these marks without prior written permission of the mark owner except permitted to use by HTOS under these Terms.

INDEMNIFICATION: To the extent authorized by law, you agree to indemnify and hold harmless HTOS, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy and other Policies, or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

LOCATION BASED SERVICES

We collect geolocation data for purposes of offering relevant content, including content from nearby member stations. 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.

NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES:. HTOS may include links

to third party websites, which are provided solely as a convenience to you. HTOS assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that HTOS is not responsible for evaluating or examining the content or accuracy of such.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.

YOUR ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS AND CONTENT, AVAILABLE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND HTOS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without prejudice to the forgoing paragraph, HTOS does not warrant that:

This Website will be constantly available or available at all; or the information on this Website is complete, true, accurate or non-misleading.

HTOS does 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 risk.

HTOS will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. HTOS does not warrant that this site; information, Content, materials, Product (including software) or Services included on or otherwise made available to subscriber through the Website; their servers; or electronic communication sent from HTOS are free of viruses or other harmful components. All the Contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision.

Certain links on the Site lead to resources located on servers maintained by third parties over whom HTOS has no control or connection, business or otherwise as these sites are external to HTOS. HTOS therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/Services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

HTOS AND ITS AFFILIATES AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT PROVIDERS, AGENTS ("THE HT PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO SUBSCRIBER OR ANY OTHER PERSON AS A RESULT OF ACCESS OR USE OF THE PRODUCTS OR SERVICES OR CONTENT, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE HT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

COMPLIANCE WITH LAWS

Any person visiting the website or availing the Services shall comply with all the applicable laws (including without limitation Foreign Exchange, import or export laws, Information and Technology of government of Singapore) applicable to them respectively for using Payment Facility and HTOS Website.

ARRANGEMENT WITH BANK

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the subscriber/user and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these Services to the subscribers/user. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between subscriber/user and the respective Issuing Bank.

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. The Singapore Courts shall have the exclusive jurisdiction over any disputes relating to the subject matter of this Agreement.

CONTACT US

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

Fab Market
Fab Market