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Terms and Conditions
These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Fabby Marketplace, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
2. Intellectual Property Rights
Other than the content you own, under these Terms, Fabby Marketplace and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following
publishing any Website material in any other media
selling, sublicensing and/or otherwise commercializing any Website material
publicly performing and/or showing any Website material
using this Website in any way that is or may be damaging to this Website
using this Website in any way that impacts user access to this Website
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website
using this Website to engage in any advertising or marketing
Certain areas of this Website are restricted from being access by you and Fabby Marketplace may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
4. Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Fabby Marketplace a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Fabby Marketplace reserves the right to remove any of Your Content from this Website at any time without notice.
5. No warranties
This Website is provided “as is,” with all faults, and Fabby Marketplace express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
6. Limitation of liability
In no event shall Fabby Marketplace, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Fabby Marketplace, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Fabby Marketplace from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
Fabby Marketplace is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The Fabby Marketplace is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms constitute the entire agreement between Fabby Marketplace and you in relation to your use of this Website, and supersede all prior agreements and understandings.
12. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the United Arab Emirates, and you submit to the non-exclusive jurisdiction of the state and federal courts located in United Arab Emirates for the resolution of any disputes.
These Terms and Conditions are an integral part of fabbymarketplace.com and it is the responsibility of each Affiliate(s) to read, understand, adhere to, and ensure that he/she is aware of and operating under the most current version of these Terms and Conditions.
Please read the following terms of Service (the “terms and conditions” or the” agreement”) carefully; it is a legal binding agreement. By ticking the “I Accept terms & Conditions” and I heard & understood in my own language in the Official website www.fabbymarketplace.com , you agree to be legally bound by the terms and conditions of this agreement while becoming a FMP affiliate.
1. Description of FMP (fabbymarketplace) Affiliate Program
The term "FMP" is stands for fabbymarketplace.com. The purpose of FMP Affiliate Program is to permit you to advertise Products on your site / store and to earn advertising fees for Qualifying Purchases made by your end users. A "Product" and "Service" is any item sold on fabbymarketplace.com . In order to facilitate your advertisement of Products or Services, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with fabbymarketplace.com Affiliate Program. Content specifically excludes any data, images, text, or other information or content relating to products/services offered on any site other than fabbymarketplace.com .
2. Access to the Services
FMP is offering the Service solely for use by the person or entity in whose name an account is registered through the Site (the “registration” or “you”) and not for the use or benefit of any third party.
Only one account is permissible for an affiliate with his KYC documents.
Affiliate positions and privileges are transferrable only once in a time but with the NOC of his sponsor, and inheritable as per the law of the land.
FMP has the right to take a final decission if there any dispute inbetween sub affiliate and his sponsor.
In case of death or any unexpected event the ID shall be transferred to a family member.
FMP reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending Subscriber a notice via e-mail, and you consent to receipt of such notice.
If you do not wish to adhere to the Terms and Conditions listed in this document or any of the terms of the Affiliate Agreement, please do not execute the application and/or execute the Affiliate Agreement.
3. Legal Terms
When signing up for the Service, you must provide your full legal name, a valid e-mail address, working mobile number. When you are supposed to withdraw or use your first bonus, you must provide your proof of ID, full bank address with account number and any other information requested
You must be 18 years or elder to use this Service. You are responsible for maintaining the security of your account and password. FMP cannot and will not be liable for any loss or damage from your failure to comply with this security obligation…
An affiliate should not use fabbymarketplace.com trademark, trade name or corporate logo to promote their independent business without the prior written approval from Fabbymarketplace.
Affiliate(s) must avoid all misleading, illegal, unethical, or immoral conduct or practices in their marketing and promotions. Fabbymarketplace reserve the right to cancel membership (id/account) of the relevant Affiliate if it is not satisfied that an Affiliate meets the terms and conditions or if the Affiliate engages in any misconduct, misconstrue, fraud or abuses of the Company’s Business Plan, Benefits and Awards… Once Membership is terminated, all benefits and privileges shall cease forthwith.
4. Modification to Service
Any new Government rules and regulations in the future shall be adopted and changes done accordingly.
FMP reserves the right at any time or periodically to modify or amend, temporarily or permanently, the Service (or any part thereof) with or without notice.
Such notice may be provided at any time by posting the changes to the FMP Web Site (www.fabbymarketplace.com) or the Service itself. FMP shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. Bonus and Benefits of Affiliate(S)
Purchasing, selling from the system without any pressure makes you eligible for affiliate commissions / bonuses.
Commissions / bonuses from Fabbymarketplace is based on product/ service selling to get the retail bonus and sales generated from sub affiliates to get the group bonus.
Affiliate(s) has to maintain monthly minimum sales / purchase to entitle the group bonus such as Generation Bonu, Director Bonus, Royalty Club Bonus and Performance Bonus. Once FMP accepts an Affiliate(s) Application and Agreement, the benefits of the Business Plan are available to the new Affiliate(s). Independent Affiliate(s) may retail FMP products and earn retail profit from these sales, subject to the terms and conditions
Sales closing day is fixed as each affiliate's joining date. First bonus (if there) is transferrable after 45 days from the day of joining and monthly bonus (if there) will be transferred after 15 days from the date of joining at every month.
Withdraw of Payout can be done through Bank Transfer, Cheque and E-Payment to E-wallet. Service Charge of 10% will be deducted on the time of withdrawal by Bank. No Service Charge will be deducted on withdrawal from E-wallet.
Any bank transaction less than or equal to AED 500 shall not be entertained due to the Banking norms & Pay out Policy and same can be usable for further purchases from fabbymarketplace.com
6. Responsibilities of Affiliate(S)
Any Independent Affiliate(s) who sponsors another Independent Sub Affiliate(s) into FMP must train the new Independent Affiliate(s) in product knowledge, effective sales techniques, the Business Plan, and the Policies and Procedures. Independent Affiliate(s) must also supervise and monitor Independent Sub Affiliate(s) in their Downline Organization to ensure they conduct business professionally and ethically, promote sales properly, and provide quality customer service. As an Independent Affiliate(s) progresses through the various Levels of leadership, his/her responsibilities to train and motivate downline Independent Affiliate(s) will increase.
Sellers (you) who want to register on fabbymarketplace.com (the Site or we or us or our), and use our services to sell products must accept these Seller Terms and Conditions (Terms). By creating a Seller account with us, you agree to be bound by these Terms, and all policies, guidelines, and other terms incorporated on the Site (Site Terms).
fabbymarketplace reserves the right to change Site Terms at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site without any further notice to you. You are responsible for reviewing any applicable changes. Your continued use of the Site and fabbymarketplace services following fabbymarketplace’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any change to these Terms, you must not continue to use the Site and or fabbymarketplace services.
fabbymarketplace SERVICES: We offer the web and mobile platforms for Sellers to offer products to end users, and complete transactions. fabbymarketplace provides you with technology and services such as order management, fulfilment, all shipping and handling, cash collection and processing of payment, and call centre and customer support (Services). As a Seller, you use the Site and the Services at your own risk, and fabbymarketplace bears no risks relating to your products, and all rights and liabilities therein.
SELLER ACCOUNT: Seller registration process will result in creation of a Seller account with us. We may also assist Sellers for creating an account after receiving necessary information. You must first familiarise with the sale process set out on the Site and all Site Terms.
SELLER’S DUTIES: The Site and Services may be used only for lawful purposes and in a lawful manner. You must comply with all Applicable Laws. You must at your own expense or purchaser’s expense (as agreed with fabbymarketplace) ship products within 03 (three) days from the order date, unless you specify another shipping time in writing. We reserve the right to charge a penalty for (i) your delivery delays against agreed timeline; or (ii) cancellation of a confirmed order placed by a purchaser. It is your duty not to place any misleading advertisement or information about your products or a brand on the Site. If you are found breaching these terms, you must accept return of products and will pay us a penalty. The penalty under these Terms will be amended and notified by fabbymarketplace from time to time.
In addition to the warranties mentioned in clause 6 below, you agree that you will (i) package products safely and in good manner to avoid damages (ii) ensure that you products do not cause any personal injury or damage to properties or people (iii) provide trade license and copy of passport or national ID (for individuals) (iv) provide the required warrantees and maintenance for the purchased products in accordance with market practices, fabbymarketplace policies and Applicable Laws; and (iv) remain responsible for after-sales services, guarantees and maintenances, and defects.
Products that are hazardous to health and safety will require additional warranties, and higher safety standards as may be required by the federal or local government or law enforcement agencies. Liabilities for not following relevant safety and health requirements or selling products hazardous to individuals or properties will be at your sole risk and cost. We will reject products that fall under our prohibited item list.
OUR POLICIES: Site Terms are applicable to all activities or transactions made on or via the Site. If fabbymarketplace is notified by a seller or a third party brand owner, or via a court, administrative or government order that the products or a portion violates the Intellectual Property Rights or IPRs (including without limitation (i) copyright, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered); (ii) applications for registration, and the right to apply for registration, for any of these rights; and (iii) all other IPRs and equivalent or similar forms of protection existing anywhere in the world) or any other rights of any third party or any Applicable Laws, fabbymarketplace may remove such products from the Site and fabbymarketplace warehouses (if relevant) at its sole discretion or ask Seller to remove such products within a reasonable timeframe notified in writing. Seller acknowledges that fabbymarketplace may from time to time introduce and implement new business rules, and customer care guidelines. Additionally, we are under no obligation to provide any information, material or document back to you, including following termination of these Terms or cancelation of a Seller account.
FEES AND PAYMENTS: You can verify sales reports for each calendar month through Seller account and the report will include the amount successfully collected for your products minus fabbymarketplace’s fees. In most cases, a Seller or a purchaser will incur shipment charges. Shipment charges incurred by fabbymarketplace if any will be adjusted. Seller is responsible for payment of taxes in connection with the products including interests, collection or withholding costs associated. All such amounts are in addition to fabbymarketplace fees.
Cost of each item minus fabbymarketplace fee as set out on the Site will be released to Sellers’ account on the Site within 5 Business Days after successful products delivery, and not later than 30 days. This period will always be subject to any purchaser dispute or conflict resolution time. Thereafter, Sellers can transfer such balance to his/her bank account at any time. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to fabbymarketplace, subject to chargeback or reversal or withheld for anticipated claims in accordance with these Terms. The parties shall endeavour to resolve all and any payment conflicts amicably, and in the absence of an acceptable resolution, the parties will escalate the conflict to parties’ officers as set out in clause 19.
Notwithstanding these Terms and without prejudice to fabbymarketplace’s other rights and remedies, Seller acknowledges fabbymarketplace’s rights to: (i) withhold all and any amounts to Seller; and (ii) recover from Seller all losses or damages suffered by fabbymarketplace and or a purchaser as solely determined by fabbymarketplace; (iii) pay a penalty of AED50,000 (Fifty Thousand United Arab Emirates Dirhams) immediately; if (a) a Seller’s product was found to be not original or refurbished and or counterfeit; and (b) any fraudulent conduct was identified on the part of Seller.
SELLER WARRANTIES AND REPRESENTATIONS: Seller represents and warrants that: (i) Seller has the power and licences, permissions, authorisations, proprietary rights, consents and permits in the products and to sell and promote products in the Territory; (ii) products conform to quality and safety standards; (iii) seller shall be solely responsible for any products placed or distributed through the Site and breach of any third party contracts; (iv) placement of products and sale of products through the Site will not be in breach of any Applicable Laws or third party rights; (v) all products including the materials supplied to fabbymarketplace are original and free from any defects; (vi) seller will not engage in any unfair trade practices, and publish any inaccurate or misleading advertisement or information about products on or via the Site, and (vii) seller will neither sell nor deliver to a purchaser a refurnished or used item, and that the products will be always new.
Seller agrees to reimburse fabbymarketplace any fines or fees imposed on fabbymarketplace by a relevant authority for breach of these warranties. fabbymarketplace also reserves the right to withhold payment of any fees due to Sellers in such cases. Seller shall also immediately compensate the purchaser(s) with the value of the purchased item and shall return any unacceptable products at its own cost.
RETURNS: Products sold on the Site are subjected to a return policy that is within 15 (fifteen) calendar days of the date of delivery as long as products are in the original packaging, and original condition when purchased and received except in cases a product is counterfeit or defective and/ or materially different from the one ordered by a purchaser. Our customer support team will arrange return for Seller by arranging a courier pick-up and return, at which point full refund is made to a purchaser. Seller must accept return of an item without fail. In the event of a return not in breach of a Seller obligations under this provision, fabbymarketplace will not levy any costs or penalty. Nevertheless, fabbymarketplace may levy shipping charges on Sellers if products are returned due to Seller’s breach of these Terms or Site Terms. Notwithstanding these Terms, returned products if not accepted by Seller after two attempts by fabbymarketplace will be held in fabbymarketplace’s custody for 60 (sixty) days from the date of receipt for Seller to take delivery. After this period, fabbymarketplace retains the right to destroy products at its own discretion, and Seller will exhaust rights in the products including any fees, revenues or price.
INTELLECTUAL PROPERTY: fabbymarketplace has the right to use, copy, distribute, modify and disclose to third parties any content, trademarks, materials or product images that you upload on the Site (and Seller warrants that it is entitled to grant that licence). This license you grant to us is non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide. We do not grant any license to you except the Services that we offer.
SERVICES OR SITE UPGRADES: Seller acknowledges that fabbymarketplace may, from time to time, upgrade features of the Site and or certain aspects of the services that it provides to its customers generally. In order for Seller to benefit from any such upgrade, fabbymarketplace may make changes to the provision of the Services and the procedures by which Seller receives the Services. fabbymarketplace may also, from time to time change the Services to the extent required to comply with any change in Applicable Laws.
fabbymarketplace’S LIABILITY: No representation, warranty or condition, express or implied, statutory or otherwise is given or assumed by fabbymarketplace in respect of the Services or Site, and all those representations, warranties and conditions are excluded save to the extent that such exclusion is prohibited under Applicable Laws.fabbymarketplace shall not be liable in any way for any features or content, or any loss or damage of any kind incurred as a result of the use of any features or content, posted, emailed, transmitted or otherwise made available via the Site. We will not be liable (whether for breach of contract, negligence or any other liability arising under or in relation to your use of the Site) for any actions by us or anyone who works for us.
Our liability under or in connection with these Terms, whether arising from negligence, breach of contract or otherwise, shall not exceed in aggregate an amount equal to the Fees actually received for Seller’s product products in the 06 (six)-month period immediately preceding the event giving rise to the liability.
fabbymarketplace shall not be liable to Seller for: (i) loss of profits, revenues, contracts, business interruption, loss or corruption of data; or (ii) any indirect, special or consequential loss or damage, even if the loss flowed naturally from any breach or was reasonably foreseeable and whether arising from negligence, breach of contract or otherwise. fabbymarketplace 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: (i) use of, or inability to use, our Site or order products; or (ii) use of or reliance on any content displayed on our Site.
SELLER’S RELEASE AND INDEMNITY: Seller undertakes to release fabbymarketplace from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between Seller and purchaser or third party. You will defend, indemnify and hold harmless fabbymarketplace, and each of our affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceedings instituted by a third party, entity or a government agency, that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; or (ii) the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide.
LIMITATION TIMEFRAME: Neither party may bring an action against the other under or in connection with these Terms (whether for negligence, breach of contract, misrepresentation, under any indemnity or otherwise) more than one year after that party becomes aware of the cause of action, claim, or event giving rise to the cause of action or claim. Except in relation to any claim or action for non-payment of the fees, each party shall take all reasonable steps to mitigate the loss and damage it incurs in relation to any claim or action (whether for negligence, breach of contract, misrepresentation, under any indemnity or otherwise) which it brings against the other.
DISCLSOURE OF INFORMATION: fabbymarketplace also reserve the right to report any activity that either of them suspects violates any Applicable Law to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect fabbymarketplace and purchasers, or to ensure the integrity and operation of fabbymarketplace’s business and systems, fabbymarketplace may access and disclose any information it considers necessary or appropriate, including but not limited to Seller account details, contact details, IP address and traffic information, usage history, and posted content. fabbymarketplace and a Seller each shall protect purchaser data as per their respective policies and the applicable laws of the United Arab Emirates.
TERM AND TERMINATION: These Terms shall commence on the date on which your account was created or a written contract is signed with us, unless terminated. fabbymarketplace may terminate these Terms at any time at its sole discretion though fabbymarketplace shall try to give 15 (fifteen) days’ notice to Sellers. Upon termination, your seller registration shall cease to exist. No termination of these Terms (howsoever occasioned) shall: (i) affect any accrued rights or liabilities of either party; (ii) affect the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into force or continue in force on or after termination; or (iii) require a court order.
SUSPENSION OF SERVICES: fabbymarketplace may suspend performance of the Services without notice and without liability in the following circumstances (although fabbymarketplace shall notify Seller as soon as practicable of any such suspension): (i) if Seller breaches these Terms or any of fabbymarketplace policies; (ii) if Seller fails to reasonably cooperate with an investigation by fabbymarketplace; (iii) where fabbymarketplace reasonably believes that its continued provision of the Services would expose Seller or fabbymarketplace or their respective networks or customers to a material security risk or a regulatory action; and (iv) seller performance does not meet fabbymarketplace’s reasonable financial projections. fabbymarketplace’s seller performance guidelines are available on the attached link: http://uae.fabbymarketplace.com/ae-en/selling-faqs/c.
FORCE MAJEURE: Neither party shall be liable to the other for any delay or non-performance of its obligations under these Terms arising from any cause or causes beyond its reasonable control including without limitation any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute of a third party, armed hostilities, act of terrorism, revolution, blockade, embargo, strike, lock out, sit in, industrial or trade dispute, adverse weather, disease, accident to (or breakdown of) plant or machinery, shortage of any material, labour, transport, electricity or other supply, or regulatory intervention.
GOVERNING LAW AND JURISDICTION: These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai. Any dispute, claim or controversy arising out of or in connection with these Terms (including a dispute, claim or controversy relating to any non-contractual obligations arising out of or in connection with these Terms) shall be referred to the parties’ respective officers for resolution. If any dispute remains unresolved 21 days after being referred to the officers, it shall be finally settled by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be ONE. The seat, or legal place, of arbitration shall be Dubai. The language to be used in the arbitration shall be English. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction against any matters relating to IPRs.
GENERAL: (a) Assignment. You cannot transfer or assign any of your rights or duties under these Terms to any third party. We may assign our rights or obligations (or both) to a group or affiliate company without consent.
(b) Entire Agreement. These Terms together with Site Terms contain the entire agreement of the parties relating to the transactions described in it and supersedes any previous understanding or agreement relating to it.
(c) Relationship of the parties. Nothing in these Terms shall: (i) make either party a partner of the other party, or (ii) grant any right or authority to either party to bind the other.
(d) No waiver. The rights of each party under these Terms: (i) may be exercised as often as necessary; (ii) are cumulative and not exclusive of rights or remedies provided by law; and (iii) may be waived only in writing and specifically. Delay in exercising or non-exercise of any such right is not a waiver of that right.
(e) Notices. Any notice served in respect of these Terms will be sent by mail to Legal@fabbymarketplace.com, and will be deemed to have been received at the time of receipt.
(f) Severability. If any term of these Terms are or become illegal, invalid or unenforceable in any jurisdiction that shall not affect: (i) the legality, validity or enforceability in that jurisdiction of any other clauses; or (ii) the legality, validity or enforceability in other jurisdictions of that or any other provision of these Terms.
(g) Amendments. No amendment to these Terms shall be binding on the parties unless set out in writing, expressed to amend these Terms and signed by authorised representatives of each of the parties.
(g) Anti-Bribery Provisions. Neither party shall accept or give any commission or gift nor shall other financial benefit or inducement from or to any person or party in connection with these Terms and each party ensure that its employees, agents and subcontractors will not accept or give any such commission, gift, benefit or inducement. Each party will immediately give the other party details of any such commission, gift, benefit or inducement which may be offered.
Terms & Conditions
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