Terms and Conditions
Terms & Conditions
Effective date: 09.12.2019
BY CHECKING THE "I AGREE" BOX, OR BY CONTINUING TO USE THE SERVICES FOLLOWING OUR EFFECTIVE DATE OF POSTING OF THIS TERMS OF SERVICE ON THE WEBSITE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE, ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE FITNESS OF USING THE SERVICES DESCRIBED IN THE TERMS OF SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN IT AND HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (EG, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS TERMS OF SERVICE. IN ADDITION, IF THIS TERMS OF SERVICE IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS TOS ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS TERMS OF SERVICE ON BEHALF OF SUCH ENTITY.
If a dispute ever arises between a buyer and seller, please contact our customer support, to resolve such dispute amicably. If we cannot resolve the matter informally, we each agree that any disputes or claims that have arisen or may arise between you and the seller shall be settled amicably through mutual, final, and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify Agreement to Arbitrate. Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in New Zealand, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in New Zealand..
You can choose to reject the Agreement to Arbitrate by mailing us a signed opt-out notice ("Opt-Out Notice") within 30 days after the date you first access the Services or accept any subsequently published version of these Terms.
You may not be able to create a hyperlink to any page on our website without our proper written consent. If you add a hyperlink to any page on our website, you are doing so at your sole risk and limitations and all other condition set out above will apply to your use of our site when linking to it. We do not supervise, analyse, or review any content of another website, which is linked to from this website. The following organisations/agencies may link back to our Web site without prior notice:
These organisations may link to our home page, to publications or other Web site information for as long as the link: (a) is not in any way misleading; (b) Does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) Fits within the context of the linking party's site.
Intellectual Properties Policy
Fablab respects the intellectual property of others, and we ask our users to do the same. In appropriate circumstances and at Fablab’s sole discretion, that response to our copyright infringement may include removing, disabling and/or terminating access to material residing on the website that is claimed to be infringing, in which case Fablab will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that your work has been copied in the website in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Woo Woo's Copyright Agent with the following information:
A statement that you have a good faith belief that the use of the material identified above is not authorised by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is alleged to be infringed; and The electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest. If the material that you have posted to the website has been taken down in response to a claim of copyright or other intellectual property infringement, you may send our Copyright Agent a counter-notification containing the following details: Sufficient details to enable us to identify the material that has been removed to which access has been disabled, together with the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your contact information so that we can contact you (including your name, address, telephone number, and email address);
A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the New Zealand, in any judicial district in which Fablab may be found, and that you will accept service of process from the person who submitted a notice.
Reviews & Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photographs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non confidential and non proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Copyright Infringement Policy
All materials and information on this website including without limitation any logo, design, text, graphic and their arrangement ("Content") are licensed to or owned by Osome LTD. Other than the content and applications we have expressly specified to be downloaded you must not copy, distribute, republish, download, display, post or transmit the content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior written permission or the written permission of the copyright owner. You may access and use the content and this website for your personal use only.
Termination or Modification
We reserve the right at any time to refuse to provide, modify or discontinue, temporarily or permanently, our Services (or any part thereof) to you with or without notice. We may terminate or limit your access to our Services and remove and discard any information or content you provide to us at any time for any reason or without reason. You agree that you will not hold us liable or any third party for any termination, modification, suspension, or unavailability of our Services. Upon any termination or expiration of these terms of service. No termination or expiration of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination or expiration.
Fablab try as much as possible to deliver the best available service and product. However in a case of faulty product purchase, and to process your refund or product exchange, you agree to the following conditions;
That the product is in the same condition as purchased, for inspection, during your product protection period.
That you will provide certain information regarding the product, including but not limited to, details of the alleged damage (probably with pictures).
Provision of delivery note number.
Upon satisfying the aforementioned conditions, Fablab will process your refund or product replacement as deem may be.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FABLAB HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FABLAB MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. DRIVA IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND FABLAB WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT FABLAB HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS THE TRUTH OR ACCURACY OF ANY USERS' CONTENT OR LISTINGS, OR THE ABILITY OF ANY O PERFORM, OR COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, YOU MAY REPORT THE MISCONDUCT OF USERS IN CONNECTION WITH THE SITE OR ANY SERVICES TO FABLAB. FABLAB, IN ITS SOLE DISCRETION, MAY INVESTIGATE THE CLAIM AND TAKE NECESSARY ACTION.
Limitation of liability
FABLAB SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE, FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FABLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF CA$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND OSOME REASONABLE CONTROL. WE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, FABLAB IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FACILITATED PAYMENT MODES (FPM) SERVICE), AND FABLAB HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
If there is any disagreement among the terms and any additional terms, the other terms we control, for any reason unenforceable, that the situation shall be rendered several and thereof shall not affect the validity of this agreement. You can discontinue the use of our services at any time.
You acknowledge and agree that this agreement shall be governed by and construed in accordance with the internal laws of New Zealand, excluding conflict of law's provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of the New Zealand.
Changes in Terms of Service
For more information about our privacy policies, or in any case that you have questions to ask us, or in a situation that you might want to make any complaint about our service, please contact us via firstname.lastname@example.org.