1.1 This Disclaimer shall govern Your use of Our Website www.fabrikaa.com(“Website”).
1.3 By using Our Website, you accept this Disclaimer in full; accordingly, if you disagree with this Disclaimer or any part of this Disclaimer, you must not use our Website.
2. Intellectual Property Notice
2.1 Subject to the express provisions of this Disclaimer:
(a) we own and control all the trademark and other intellectual property rights in Our Website and the material on Our Website; and
(b) all the intellectual property rights in Our Website/Application and the material on Our Website are reserved.
3. License to use website/Application
3.1 You may:
(a) view pages from Our Website through legal software by means of appropriate devices;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website,
subject to the other provisions of this Disclaimer.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of this Disclaimer, you must not download any material from Our website or save any such material to Your computer.
3.3 You may only use Our Website for Your own personal purposes, and you must not use Our Website for any other purposes.
3.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from Our Website (including republication on another website);
(b) sell, rent or sub-license material from Our website;
(c) show any material from Our website in public;
(d) exploit material from Our Website for a commercial purpose; or
(e) redistribute material from Our Website.
3.5 We reserve the right to restrict access to areas of Our Website, or indeed the whole Website/Application, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Our Website/Application.
4. Limited warranties
4.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on Our Website;
(b) that the material on the Website is up to date; or
(c) that the Website or any service on the Website/Application will remain available.
4.2 We reserve the right to discontinue or alter any or all of Our Website services, and to stop publishing Our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this Disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the Website.
4.3 To the maximum extent permitted by any applicable law and subject to Section 5.1, we exclude all representations and warranties relating to the subject matter of this Disclaimer, Our website and the use of Our Website.
5. Limitations and exclusions of liability
5.1 Nothing in this Disclaimer will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit any liabilities in any way that is not permitted under any applicable law; or
(c) exclude any liabilities that may not be excluded under applicable law.
5.2 The limitations and exclusions of liability set out in this Section 5 and elsewhere in this Disclaimer:
(a) are subject to Section 5.1; and
(b) govern all liabilities arising under this Disclaimer or relating to the subject matter of this Disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Disclaimer.
5.3 To the extent that Our Website/Application and the information and services on Our Website/Application are provided free of charge, we will not be liable for any loss or damage of any nature.
5.4 We will not be liable to You in respect of any losses arising out of any event or events beyond Our reasonable control.
5.5 We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
5.6 We will not be liable to You in respect of any loss or corruption of any data, database or software.
5.7 We will not be liable to You in respect of any special, indirect or consequential loss or damage.
5.8 You accept that We have an interest in limiting the personal liability of Our officers and employees and, having regard to that interest, You acknowledge that we are a limited liability entity; you agree that You will not bring any claim personally against Our officers or employees in respect of any losses you suffer in connection with the website or this Disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of Our officers and employees).
The color of the actual products bought through the Website may vary, as every computer monitor and mobile phone or any electronic gadget has different resolution and capability to display colors. Whilst we try to edit our photos to showcase our samples as life-like as possible, we cannot guarantee the actual color that you see on the Website.
We try to ensure the description, prices and availability of any product are updated at any given time, errors may occur. If we discover an error in the order of products that you have placed, Our customer care would get in touch with you with the corrected order or you may cancel the order.
8.1 We may revise this Disclaimer from time to time.
8.2 The revised Disclaimer shall apply to the use of our website from the time of publication of the revised Disclaimer on the website.
9.1 If a provision of this Disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
9.2 If any unlawful and/or unenforceable provision of this Disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.