WEBSITE TERMS OF USE
Updated: November 2021
Welcome to the Ficuster website- www. Ficuster.com, mobile site (this “Website”), or mobile application (“App”). Please review the following terms and conditions before using this website/App. These Terms and Conditions may be modified or updated at any time, and apply to all visitors or users of this Website/App.
YOUR USE
In using this Website/App, you are agreeing to these Terms and Conditions. If you do not accept these Terms and Conditions, do not use this Website/App. Ficuster reserves the right to seek all remedies available by law and in equity, in the event of a violation of the following Terms and Conditions. Access to this Website/App may be terminated at any time, for any reason, without prior notice to you. You should visit this page occasionally to review these Terms and Conditions, as they may be edited or updated at any time. Use of this Website/App following any such revisions constitutes your agreement to be bound by the terms as revised.
CONTENT OWNERSHIP
The design and all materials of this Website/App, including but not limited to, its software, HTML code, scripts, artwork, text, photos, images, designs, video, audio, and any other materials that appear as part of this Website/App (collectively “Content”) are protected by India copyright laws as well as other international laws and treaties. All Content contained within this Website/App is provided by Ficuster under a limited license as a service to both its current and prospective customers, and may be used only for personal (for the purchase of our merchandise) use. This limited license is subject to the following restrictions: You may not copy, reproduce, publish, transmit, distribute, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website/App or any Contents. You may also not use the Website/App for any competitive or commercial purposes. Any unauthorized copying, alteration, distribution, transmission, display, sale, or other use of the Website/App content is strictly prohibited. This limited license may be revoked by Ficuster at any time for any or no reason. Any unauthorized use of Ficuster Content such as framing, inline linking, or any other association with content or information not originating from the Ficuster Website/App is prohibited, as well as linking to any Ficuster web page. These intellectual property rights will be enforced to the fullest extent of the law.
TRADEMARKS
We at Ficuster take pride in our brand, and will not tolerate any unauthorized use of our trademarks, trade names, logos, names, and trade dress (collectively the “Trademarks and Trade Dress”). Ficuster and its affiliated companies retain all rights regarding the Trademarks and Trade Dress. Ficuster Trademarks and Trade Dress are protected by Indian federal and state trademark laws and treaties. No license for the use of the Trademarks or Trade Dress is granted under these Terms and Conditions or by your use of the Website/App. Unauthorized use of our Trademarks and Trade Dress in any manner is prohibited.
PATENTS
One or more patents may apply to this Website/App, including Indian Patent Nos.
OUR PRODUCTS
All specifications, features, products, product prices, and services described on this Website/App are subject to change at any time without notice. Occasionally there may be information on the Website/App that contains typographical errors, inaccuracies, or omissions that may pertain to product descriptions, pricing, and/or availability. We make no representation as to the completeness, accuracy, or currency of any information contained within this Website/App. Ficuster reserves the right, with no prior notice, to make changes to information regarding price, description, or availability, as well as to limit the order quantity on any product and/or refuse service to any customer (see Sale Terms). We make effort to display as accurately as possible the colors of our products appearing on the Website/App, however the color may vary based on your device upon which the site is viewed. The inclusion of any products or services on this Website/App does not imply or guarantee that these products or services will be available over the internet or in any of our stores at any particular time.
COMMENTS AND COMMUNICATIONS
All feedback, comments, suggestions, ideas, and other communications (collectively, “Communications”) submitted to Ficuster in connection with your use of this Website/App or through email, postal mail, phone support, or any other contact with Ficuster, shall be and remain property of Ficuster. Ficuster shall be free to use any ideas, concepts, know-how, or techniques contained within any Communication you send to us for any purpose, including, but not limited to, developing, manufacturing, and marketing products using any such information. Any personally identifiable information provided to Ficuster through our Website/App is subject to our Privacy Policy. For further information, please refer to that page.
YOUR ACCOUNT
If you choose to register with Ficuster through our Website/App and create an account (the “Account”), you will be able to gain access to your account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information as well as controlling access to your account and your devices. In using this Website/App you hereby agree to accept responsibility for all activities that may occur under your account. Ficuster reserves the right to terminate your Account at any time for any reason or no reason, and with no prior notice to you.
LINKING
Links may be established from this Website/App to one or more external websites or resources operated by third parties (the “Third Party Sites”), as well as from Third Party Sites to this Website/App. Such links do not imply that Ficuster endorses the Third Party Sites or any content therein. Ficuster does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or any other materials on or available from such sites. Access to any Third Party Sites is at your own risk; Ficuster will not be liable for such websites and/or their content or for any damages or loss caused or alleged to be caused in connection with any purchase, use of or reliance on any content, goods, or services available through any Third Party Site.
FIUSTER MESSAGING POLICY
By opting in "TEXT ME WITH NEWS, OFFER", you agree to receive recurring automated marketing messages, including cart reminders, offers, promotions, shipment tracking etc., at the phone number provided. Consent is not a condition of purchase. Reply STOP on 7027-477-477 to unsubscribe. Message frequency varies. Data rates may apply.
DISCLAIMER
This Website/App and all Content of the Website/App are for our customers and prospective customers “AS IS” and “AS AVAILABLE” and without any warranties, whether express or implied, including but not limited to, those of merchantability, fitness for any particular purpose, title, or noninfringement. By use of the Website/App, you acknowledge that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties, therefore the aforementioned disclaimer may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances will Ficuster be liable to any party for any direct, indirect, incidental, special, consequential, or punitive damages for use of this Website/App or any other linked website including, but not limited to, lost profits or revenues, costs of replacement, business interruptions, loss of data, or damages resulting from use of or reliance on the information present, even if Ficuster is expressly advised about the possibility of such damages. In some jurisditions, limitations of liability are not permitted, in which case the aforementioned limitations of liability may not apply.
JURISDICTION
No implication is made that the materials published on this Website/App are appropriate for use outside of India. If you are accessing this Website/App from outside of India, you do so on your own initiative and are responsible for compliance with local laws. This Website/App is controlled from Ficuster offices within DELHI-NCR. The Terms and Conditions of this Website/App shall be governed by the laws of the HARYANA & DELHI States, without giving effect to its conflict of law’s provisions.