Terms And Conditions for Fablink Launders Private Limited
This mobile application “Fablink Laundry” and website “www.fablink.co.in” (the “Platform”) is owned and operated by “Fablink Launders Private Limited”, a company incorporated in India, having its registered office at “No.3/195C, Salai Amman Kovil Street, Kappalur Toll Gate, Kappalur Madurai, Tamil Nadu – 625706” (the “Company”, which expression would mean and include its officers, successors and permitted assigns). The Company is in the business of providing laundry services to persons wishing to avail the laundry services via the Platform (the “Services”).
Your use of the Platform or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use the Platform or the Services.
Nothing in the Agreement should be construed to confer any rights to third party beneficiaries
Your Account And Registration
You will be required to register on the Platform and create an account to avail the Services through the Platform. You are required to pay a monthly subscription fee as per the plans introduced by the Company from time to time to avail the Services (“Subscription Fees”). Upon payment of the Subscription Fee, the Company shall send You an email communicating the date on which the Services shall commence. Please note that in some cases, the Services shall commence post 20 days from the date of payment of the Subscription Fees and the Company shall communicate the same to you vide email. Should you wish to withdraw the subscription and claim a refund of the Subscription Fees, you are required to communicate the same to the Company within 24 hours from the date of receipt of the email and the Company will arrange to make immediate refund upon demand or request from You with no deductions or additions. However, please note that the processing of refund will be made within 7 (SEVEN) business days from the date of your withdrawal. There may be certain delays by the bank in the remittance of the same and Fablink takes no responsibility for such delays
Please note that Fablink also provides certain premium services to you at an additional charge which will be specified on the Platform. These charges are subject to review and changes by Fablink depending upon the market factors For instance, while subscription, if You have opted for premium time slots (7am to 9am) and (8pm to 10pm), which comes with additional charges, Fablink will schedule its delivery / pick-up within these time windows as preferred by the customer. If Fablink is not able to schedule within the preferred time window on a particular day - that corresponding day will be added back to the subscription period. However, any subscription done for the normal time which is in-between 9am until 5pm - the scheduling of delivery / pick-up time will be at the discretion of the company depending on its schedule for that particular day. The list of additional and premium services shall be made available to You at the time of Your subscription and shall be provided to You if you opt for such services.
You may make an application to Fablink for cancellation of your subscription within  hours post making the subscription. Any refund towards such cancellation post 24 hours will be subject to the discretion of Fablink.
The Subscription Fees is applicable to be used for a certain number of garments depending upon the plan which you have subscribed for (“Garment Limit”). The Garment Limit for each plan is prescribed by Fablink at its sole discretion. The Subscription Fees is valid for a period of 1 month from the date of subscription and therefore, You are required to exhaust the Garment Limit within the period of 1 month i.e. the validity of your subscription.
Upon every pick up of garments, You will receive notifications informing you of the number of garments given by You. If We do no hear back from you within a period of  hours from the time on which we have sent You the notification, it is deemed that You have confirmed Our count of your garments and such number shall be final and binding on You and Us. During the course of your subscription validity, if you exceed the Garment Limit, We will send you an email informing You of the same and You will not be able to use any of the Services until renewal of the subscription. It is advised that you migrate to a superior plan if you anticipate that Your requirement for the Services will exceed the Garment Limit for the present subscription plan. You cannot migrate to another plan during the validity of Your subscription plan unless the Garment Limit is crossed. During such period, should you wish to migrate to another plan, You will be required to pay the entire subscription fees for the new plan that You wish to avail.
The Company reserves the right to amend the Subscription Fees and also to amend the terms of any plan which correspond to the Subscription Fees and should you decide to avail or continue with the Services, the revised Subscription Fees shall be applicable to you. Changes to the fee policy will be posted on the Platform and such changes shall become effective immediately after they are posted on the Platform.
The Company reserves the right to deny the Services to any person where it is reasonably ascertained by the Company that such person has no permanent residence. You are required to use the Platform purely for the availing the Services failing which the Company reserves the right to cancel or suspend the subscription with no refunds payable by the Company to You.
Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact through the Platform, such use or transaction may be made by your legal guardian or parents. The Company reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to the Company's notice or if it is discovered that you are under the age of 18 years.
Registration is only a one time process and if you have previously registered, you may login /sign in to your registered account using the same credentials as provided by you during the registration process.
You are responsible for maintaining the confidentiality of your account and password and for restricting and preventing unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password including any subscriptions made.
You agree to (a) immediately notify the Company of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
You shall ensure that the account details provided to us through the Platform are correct and complete at all times. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
The Company will endeavour to ensure that access to and availability of the Platform remains uninterrupted and error free. However, access to the Platform may occasionally be suspended or restricted to allow for updates, repairs, maintenance, or for the introduction of new facilities and services
Limited License For Access
The Company grants you a limited license to access and make personal use of this Platform, but not to modify it (or any portion thereof), except with prior written consent of the Company and / or its affiliates, as may be applicable.
This license does not include any resale or commercial use of this Platform or its contents; any collection and use of any service listings, descriptions, catalogue images or prices, any derivative use of this Platform or its contents, any downloading or copying of catalogue images, account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools. You will not advertise or sell any products, services or otherwise (whether or not for profit) or solicit others (including without limitation solicitations for contributions or donations).
This Platform or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without prior written consent of the Company and / or its affiliates, as may be applicable.
You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without prior written consent. You will not use any meta tags or any other "hidden text" utilizing the Company’s or its affiliates' names or trademarks without the prior written consent of the Company and / or its affiliates, as may be applicable. Any unauthorized use will terminate the permission or license granted by the Company and / or its affiliates, as may be applicable.
You shall not use the Platform in any way that causes, or may be likely to cause damage or impairment to the Platform or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to it in any way. You shall not use the Platform to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any information that:
a) belongs to another person and to which you do not have any right;
b) is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c) harms minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonates another person;
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform and/or the Services or any connected network or any computer resource, or otherwise interferes with any entity’s use or enjoyment of the Platform and/or the Services; and
i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insults any other nation.
You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the internet
You will not delete or modify any content on the Platform and/or Services including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
The Platform is a platform that You use to avail the Services. The Company reserves the right to restrict, suspend, discontinue or cancel Services at its sole discretion. While the Company will, on a best efforts basis, endeavour to provide You with reasonable prior notice of any amendment in the Services, the Company shall not be liable in any manner whatsoever in case the Company is unable to provide notice regarding the suspension or discontinuation of Services. The Company also reserves the right to restrict the provision of Services in a particular location, state or territory and details of the same can be obtained from the Platform.
You agree that the Services are non-transferrable in any manner. It is clarified that the Subscription is for a particular address made at the time of subscribing to the Services. The Services are not transferable across cities or across different areas in a city.
The time period for provision of normal laundry services shall be 48 to 72 hours depending on Your location. For certain category of services such as bleaching, starch etc; the time period of delivery of Services shall extend beyond 72 hours. Please note that these hours are purely indicative and in the event there is a national or public holiday, there may be certain delays in the delivery and You confirm the same.
The Subscription Fees paid shall not include Services with respect to (a) Any floor mats or bath mats; (b) Carpets of any nature; (c) Wet clothes; (d) Any torn or damaged garments; (e) Heavy curtains and other fabrics which are difficult to process; (f) Any and all garments that do not fall under the laundry process capacity that the Company units can handle and which shall be confirmed by the Company from time to time (the “Excluded Items”). [Note: (f) is vague. We should be more specific on what are these garment types.] The Company may provide Services with respect to the Excluded Items at an additional cost that the Company may charge at its sole discretion
If you wish to avail services which are additional to the Services subscribed for as per Your Subscription Plan, You may do so upon payment of an additional service fee which will be fixed by Fablink at its sole discretion. The additional fees are payable on an [advance] basis and therefore, You are required to pay such fees prior to the provision of Services to you by Fablink.
The Company shall pick up and drop the garments at a pick up and drop place as provided by You when registering and subscribing to the Services and at such time slots as agreed between the Company and You. Should You not be in a position to pick up the serviced garments at the mutually agreed time slot, the Company holds the rights to forfeit or cancel that particular slot. If you are unavailable at your designation location during pickup and drop off at the designated time, please let us know 6 hours in advance for cancelling and rescheduling the pick up and drop off of the garments. If the management decides any garment cannot be processed, they will be returned and only those garments which can be processed will be taken into processing.
The Company does not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the services proposed to be offered or offered through the Platform. The Company does not implicitly or explicitly support or endorse the quality of Services provided through the Platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Fablink may deliver Your serviced garments in packages or delivery material which belong solely to Fablink along with any intellectual property vesting in such packages or delivery material, as the case may be. You shall return all such packages or delivery material to Fablink at the request of Fablink in the same condition as it was provided to You.
The Company may, from time to time, provide offers on the Services listed on the Platform. Such offers shall be made solely at the discretion of the Company and may also be withdrawn at the discretion of the Company.
You shall not be entitled to a refund on the Subscription paid unless these Terms and Conditions permit such refund. However, Fablink may, at its discretion offer to provide you with a refund upon Your written request to Fablink with justifiable reasons for your claim of a refund. You shall not, in any manner whatsoever, be entitled to a refund in the event You violate any of the Terms
Copyright And Database Rights
All content included on the Platform, such as photographs, text, graphics, logos, button icons, images and software, is the exclusive property of the Company, its affiliates or its content suppliers.
The compilation of all content on this Platform is the exclusive property of the Company
All software used on this Platform is the property of the Company or its software suppliers. You shall not systematically extract and/or re-utilize parts of the contents of the Platform without the Company’s express written consent. In particular, you shall not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this Platform, without the Company’s prior and express written consent.
You shall not create and/or publish your own database that features substantial parts of this platform and/or Platform (e.g. prices and product listings) without the Company’s express written consent. Your personal and non-commercial use of this Platform shall be subjected to the following restriction (i) you may not modify any content of the Platform, including but not limited to, any public display, description, performance, sale, rental, pricing of the Services; (ii) you may not decompile, reverse engineer, or disassemble the content, or (iii) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Platform in any manner that may be harmful to the operation of this Platform or its content.
[insert marks] and other marks indicated on the Platform are trademarks or registered trademarks of the Company in the Indian jurisdiction. All other trademarks not owned by the Company that appear on this Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
Using the Platform or sending emails to the Company constitutes electronic communication by you with the Company. The Company communicates with you by email or by posting notices on the Platform. For contractual purposes, you consent to receive communications from the Company electronically and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement stipulating that those communications be in writing. This condition does not affect your statutory rights.
You understand that once you register on the Platform, you will receive short message service (“SMS”) messages from the Company on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the Platform or any updates and promotions that are undertaken by the Company. Please note that the Company will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular purpose. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter and that such number is not registered on the National Do Not Call Registry.
Further, the Company may also send notifications and reminders to you with respect to you activity on the platform in relation to the Services. Please note that while the Company endeavours to provide these notifications and reminders to you promptly, the Company does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you.
The Company shall have the right to indefinitely suspend or block access to your membership on the Platform and/or refuse to provide you access to the Platform if:
a) you engage in or are suspected of engaging in any illegal, fraudulent or abusive activity; or
Upon suspension or termination, your right to avail the Services through the Platform shall immediately cease and the Company reserves the right to remove or delete information regarding you that is available with the Company, including but not limited to login, account information and information posted by you.
Fablink reserves the right to cancel or suspend Your account and Subscription without any notice and with immediate effect in the event of:
• violation of any or all of these Terms and Conditions;
• misrepresentation of any information or any misuse of Services;
• violation of any applicable laws in connection with the use of this service;
• repeated delay or failure to pay for any Services including additional services enjoyed by the customer;
• commission of fraud or abuse involving any portion of this Services;
• Any action which prevents Fablink from providing Services or which damages the reputation of Fablink in any manner whatsoever. In any of the above cases, the refund of the Subscription will be solely under the discretion of Fablink
The information, content and materials on this Platform and / or the Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
The Company makes all reasonable efforts to display the Services listed on its Platform as accurately as possible. While the Company makes every effort to ensure that the Services are described and priced accurately, in the event that an item is deemed to be priced incorrectly, the Company reserves the right to refuse the provision of Services.
The Company does not warrant that the functions contained in content, information and materials on the Platform and/or Services, including, without limitation any third party sites or services linked to the Platform and/or Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the Platform and/or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your electronic device
Indemnity And Limitation Of Liability
You hereby indemnify, defend, and hold the Company, the Company's affiliates, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Platform or the Services and/or violation of the Agreement by you.
You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the Platform and/or Services; or (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform and/or Services or (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Platform and/or Services; or (v) any other matter relating to the Platform and/or Services. It is also clarified that Fablink shall not be liable for any loss caused to you as a result of Your providing incorrect communication address leading to a delay or failure to provide Services.
Fablink assumes no liability for damage due to normal wear and tear, fading or shrinkage during washing and drying. We take no guarantee of colour bleed during the provision of Services. You are advised not to give clothes that may bleed colour in laundry. Fablink assumes no responsibility in the event that any of your garments bleed colour as a result of which Your remaining garments are damaged. Fablink shall not be held responsible for loss or damage to any personal or valuables left in the clothes or bags such as money, jewellery or anything else.
In the unlikely event of damage or loss of any garment due to any fault directly attributable to Fablink (and as covered under Clause 15.3), You are required to notify Fablink within 24 hours of receipt of delivery of any lost or damaged garments from any particular lot. Claims recorded beyond 24 hours will not be eligible for any consideration. Your Claim must be accompanied by original receipt along with a picture of the damaged garment and reasons as to why Fablink is responsible for such damage. Please note that in order to make a claim against Fablink, You are required to ensure that You have not been in default of these Terms.
We shall neither be liable nor responsible for any actions or inactions of the other users of the Platform nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the Platform.
Further, none of the directors, officials or employees of the Company shall be personally liable for any action in connection with the Platform or the Services.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards that have been used to make payments on the Platform.
Under no situations whatsoever shall Fablink be liable to You for an amount exceeding INR 750.
We will not be responsible in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the Company's reasonable control including, without limitation, acts of god, pandemics, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the Company. You further acknowledge and agree that the Company shall not be responsible or liable for (a) any incompatibility between the Platform and/or Services and any other website, application, service, software or hardware or (b) any delays or failures that users may experience with any transmissions or transactions relating to the Platform in an accurate or timely manner.
In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Platform, please report to “1800 420 9292 or firstname.lastname@example.org”.
If you have any grievance with respect to the Platform or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at “1800 420 9292”
Governing Law And Jurisdiction