1.1 All content
(including, but not limited to, logos, text, data compilations, graphics,
icons, images, photographs, audio clips, sounds, music, and software, and any
combination thereof) available on the Platforms (the "CONTENT"), is either owned or
licensed by Fabulous Threads, and is protected by applicable copyright laws and
treaties around the world. All such rights are reserved.
1.2 The
"Talking Threads" trade mark as well as all trade marks, whether they
are figurative or not, and all other marks, trade names, service marks, brand
names, business names, illustrations, images, logos which appear on our
Products, Platforms, accessories or packaging, whether registered or not (the
"TRADE MARKS"), are and remain the exclusive property of Fabulous
Threads Private Limited and/or its licensors and are protected by applicable
trade mark laws and treaties around the world. All such rights are reserved.
1.3 All other
intellectual property rights (including, without limitation, registered or
unregistered trade marks, logos, designs, copyrights, patents, know how or
trade secrets) in or related to the Platforms, the products depicted and/or
available on the Platforms and any accessories, stationery, packaging or
ancillary items connected to such products, your order or the Platforms (the
"INTELLECTUAL PROPERTY RIGHTS") are and shall remain the exclusive
property of Fabulous Threads and/or its licensors and such Intellectual
Property Rights are protected by applicable intellectual property laws and
treaties around the world. All such rights are reserved.
1.4 LIMITED LICENCE
Subject to the terms herein, we grant you a revocable, and non-exclusive
licence to access and make personal use of the Platforms limited such that it
does not include the right to:
(A) use the
Platforms in any way which may prejudice or damage the reputation of Talking
Threads or Fabulous Threads;
(B) use the
Platforms for any commercial or business purposes. The Platforms are for your
personal use only;
(C) use software
robots, spiders, crawlers, or similar data gathering and extraction tools, or
take any other action that may impose an unreasonable burden or load on our
infrastructure.
1.5 Fabulous
Threads may terminate the limited license set forth in this Section at any time
in its sole discretion without prejudice to any other remedy we may have against
you pursuant to applicable law for any reason whatsoever and/or for any breach
of these Terms.
1 Fabulous Threads
endeavors to ensure that the information posted by it on the Platforms is
accurate and complete. Fabulous Threads does not, however, guarantee that the
Content or any other information available on the Platforms is accurate and/or
error free, Fabulous Threads does not promise that the functionality of the
Platforms or Content will be error free or that the Platforms, Content or the servers
that make such Content available are free of viruses, malicious code or other
components which are potentially harmful. Fabulous Threads recommends that all
users of the Internet ensure they have up to date virus checking software
installed.
1 This Section
does not affect your statutory rights as a consumer and, in respect of the
Products, does not exclude or limit in any way our liability for breach of the
statutory rights set out under applicable consumer laws relating to good title,
no encumbrance and quiet possession, correspondence with description,
satisfactory quality, fitness for purpose and correspondence with sample. For
more information on your statutory rights, contact your local Trading Standards
Office or Citizens Advice Bureau, or the equivalent in your country (if any).
2 SUBJECT TO THE
PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FABULOUS
THREADS DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN
RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR
OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE
PRACTICE.
1 Nothing in these
Terms limits or excludes our liability: (i) for death or personal injury caused
by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any
other liability which cannot be limited or excluded by applicable law.
2 Subject to
Section (4.1) above, we will not be liable, in each case, whether in contract,
in tort (including, without limitation, negligence or breach of statutory
duty), or otherwise however arising out of or in connection with these Terms
for any:
(A) economic
losses (including, without limitation, loss of income, revenues, data, actual
or anticipated profits, contracts, business, opportunity or anticipated
savings); or
(B) loss of
goodwill or reputation; or
(C) special,
indirect or consequential losses or damages suffered or incurred by you arising
out of or in connection with these Terms.
3 Subject to
Sections 4.1and 4.2 the aggregate liability under these Terms of Fabulous
Threads whether arising under contract, tort (including negligence) breach of
statutory duty or otherwise shall in no event exceed 100% of the price of the
Product you have ordered from Fabulous Threads.
This section does not affect your statutory rights as a consumer. For more
information on your statutory rights, contact your local Trading Standards
Office or Citizens Advice Bureau, or the equivalent in your country (if any).
1 By placing an
order you agree and understand that we may collect, use, store and process your
personal data in accordance with our Privacy Statement. Fabulous Threads fully
respects the privacy of individuals who access and use the Platforms. For
details on the manner in which we use cookies, the type of information we
collect, how and for what purpose, we use your information and under what
circumstances we disclose information please see our Privacy Statement and
Cookie Policy which are incorporated into and form part of these Terms.
We reserve the right to transfer, assign, novate or sub-contract all or any of
our rights and obligations under these Terms provided that your rights under
these Terms are not affected. You may not assign, sub-contract or otherwise
transfer any of your rights or obligations under these Terms without our
consent in writing.
We reserve the right to make changes to these Terms at any time. You, and any
contract of sale between us, will be subject to the version of these Terms in
force at the time you order the Products in question from us.
We will not be held responsible for any delay or failure to perform or comply
with our obligations under these Terms if the delay or failure arises from any
cause, which is beyond our reasonable control.
Each provision of these Terms shall be construed separately and independently
of each other. If any provision is deemed invalid, void or otherwise
unenforceable, that provision shall be deemed severable form and not affect the
enforceability of any of the other provisions of these Terms.
These Terms and all transactions relating to the Platforms are governed by
Indian law and you, and we, hereby submit to the non-exclusive jurisdiction of
the Indian courts. This does not affect your legal rights as a consumer in the
country in which you are located.
11.1 These Terms
and any document expressly referred to in them constitute the whole agreement
between us and supersede any previous arrangement, understanding or agreement
between us, relating to the subject matter of any contract.
11.2 We each
acknowledge that, in agreeing to these Terms, (and the documents referred to in
it), neither of us relies on any statement, representation, assurance or
warranty ("REPRESENTATIONS") of any person (whether a party to that
contract or not) other than as expressly set out in these Terms.
11.3 Each of us
agrees that the only rights and remedies available to us arising out of or in
connection with a Representation shall be for breach of contract as provided in
these Terms.
Applicable laws require that some of the information or communications we send
to you should be in writing. When using the Platforms, you accept that
communication with us will be mainly electronic. We will contact you by e-mail
or provide you with information by posting notices on the Platforms. For
contractual purposes, you agree to this electronic means of communication and
you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This Section 13 does not
affect your statutory rights.
All notices given by you to us must be sent to Fabulous Threads Private
Limited, Plot No-B-15, Second Floor, Info City-1, Sector 34, Gurugram, Haryana
122001, India or support@talkingthreads.in We may give notice to you at either
the e-mail or postal address you provide to us when placing an order. Notice
will be deemed received and properly served immediately when posted on the
Platforms, 24 hours after an e-mail is sent, or three days after the date of
posting of any letter. In proving the service of any notice, it will be
sufficient to prove, in the case of a letter, that such letter was properly
addressed, stamped and placed in the post and, in the case of an e-mail, that
such e-mail was sent to the specified e-mail address of the addressee.
14.1 If we fail,
at any time during the term of our contract, to insist upon strict performance
of any of your obligations under the contract or any of these Terms, or if we
fail to exercise any of the rights or remedies to which we are entitled
pursuant to the Terms, this shall not constitute a waiver of such rights or
remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by
us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by
us of any of these Terms shall be effective unless it is expressly stated to be
a waiver and is communicated to