Welcome to FGM Shop, an e-commerce service accessible through the website at trell.co and associated applications (collectively, the “Website”). FGM Experiences Private Limited (“FGM”) and its affiliates provide access to the FGM Shop service (the "Service") to you subject to the terms and conditions set out on this page.
FGM Shop Terms of Service (“Terms”)
Please read these Terms carefully before using the Service. By using the Service, you signify your acceptance of these Terms.
Further, when you use or access any other service provided by us ("FGM Service"), you will also be subject to the terms, guidelines and conditions applicable to that FGM Service ("Service Terms"). If these Terms are inconsistent with such Service Terms, the Service Terms shall prevail. You shall also, at all times be subject to the Terms of Use applicable to your use of the Website and all the services, features, content, applications or widgets offered by FGM. In case of any inconsistency between the Terms of Use and these Terms, the Terms of Use shall prevail.
Your Account
You accept responsibility for keeping your account and password confidential and for preventing unauthorized access to the same. You shall be responsible for all comments and actions that take place using or under your account or password. You shall inform us immediately if you have any reason to believe that your password has been accessed by anyone else, or if the password has been, or might be, used in an unauthorized manner. You attest to the veracity and completeness of the details provided by you and shall update us promptly of any changes to the same. You will use your account to purchase products solely for your personal use and not for commercial use. FGM shall be entitled to refuse access to the Website, the Service, terminate your account, or remove or edit content at any time without notice to you.
The Service
The Service enables you to purchase listed products at the indicated price. You agree and acknowledge that FGM is a mere facilitator of such process. FGM is not a party and does not in any manner control the transactions which may take place using the Service. The contract of sale of products which may take place using the Service is a contract between you and the sellers on the Service, to which FGM has no privity.
Competence to contract
The Service may be used only by persons who can form a legally binding contract under the Indian Contract Act, 1872 or other applicable laws.
Your data
Please review our Privacy Policy, which also governs your access to and use of the Service, to understand our practices. Any personal information or data that you may provide through your use of the Service shall be treated as per the Privacy Policy. If you do not want your information to be shared or used as per the Privacy Policy, please do not use the Service.
Access to the Service
We will do our best to provide an uninterrupted and error-free Service. However, we cannot guarantee the same. Further, please note that there may be suspensions or restrictions on your use of the Service from time to time (without prior notice) for the purpose of undertaking repairs or for general maintenance, or to introduce new features.
Acceptable conduct
You shall not do anything which results, or might result, in access to the Service being interrupted, damaged or impaired in any manner. You shall be responsible for any electronic communication or content which may arise from your use of the Service. You shall not use the Service in a manner which contravenes applicable law or for any of the following:
(a) For any fraudulent activity, or for criminal or unlawful purposes;
(b) Content or behaviour which is racist, hateful bigoted, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, menacing, ethnically objectionable, disparaging; or which is in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or which is otherwise injurious to third parties;
(c) Content or behaviour which constitutes an infringement of any third-party rights, including intellectual property rights such as copyright, trademark rights or patent rights;
(d) For spam, or for the perpetuation of chain letters, mass mailings or software viruses;
(e) Data mining, robots, or similar data gathering and extraction processes;
(f) Offensive behaviour such as sexually explicit content;
(g) For the promotion of money laundering or gambling;
(h) For political campaigning or commercial solicitation.
We reserve the right (but not the obligation) to remove, refuse, delete or edit any content (including but not limited to reviews, posts, comments etc.) that, in its sole discretion, violates these Terms, and/or terminate your access to the Service.
License
(a) Limited license for personal use of the Service
Subject at all times to your compliance with these Terms FGM hereby grants to you a limited license for personal use (no commercial use) of the Service, but not to download, modify, make derivative use of, or otherwise deal with the Service, or any portion of it.
The Service or any portion of the Service (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 the express written consent of FGM, as may be applicable.
(b) License to FGM
In respect of any content or material that you post or submit, you:
(a) grant FGM and its affiliates the non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the same throughout the world in any media; and
(b) grant FGM and its affiliates and sub-licensees the right to use the name and/or likeness used in connection with such content.
You hereby waive your ‘moral rights’, to the full extent permissible under law, in respect of such content. You agree to do all further acts as may be required by FGM for the perfection of the above rights granted, including the execution of necessary deeds and documents.
You hereby represent and warrant that you own or otherwise control all rights in relation to the In respect any content or material that you post or submit.
Reporting of Objectionable Content
Due to the large number of products and content hosted on the Service, FGM cannot be aware of the contents of each product listed, or each comment or review that may be posted. Accordingly, if you are aware of any content on the Service which violates these Terms, please notify us immediately by writing to us. FGM shall thereafter make all reasonable endeavours to remove such content in accordance with applicable law within a reasonable time.
FGM rights
All content which forms part of the Service, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, ‘look and feel’, and software, is the property of FGM. The rights therein, including copyright and other similar rights, is owned exclusively by FGM across jurisdictions.
You may not extract or otherwise re-use any parts of the Service or its contents, including databases such as prices and product listings.
FGM and other marks, including graphics, logos, ‘look and feel’ and trade dress, are owned exclusively by FGM across jurisdictions. These may not be used in a manner likely to cause confusion among customers, or in any manner that disparagesFGM or prejudices its interest.
Intellectual property violations
We respect the intellectual property rights of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement,
Disclaimer of liability
You acknowledge and undertake that you access the Service and transact at your own risk. FGM is not responsible for the actions or inactions of any sellers who may list their product on the Service. FGM disclaims any liability for breach of conditions, representations or warranties by the sellers or manufacturers of products listed on the Service. Any dispute between you and the sellers / manufacturers shall not require FGM participation or involvement.
FGM disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted on the Service, or any content (including information relating to products or pricing) on the Service. FGM do not implicitly or explicitly support or endorse the sale or purchase of any product on the Service. The right, title or interest in the products listed on the Service do not vest with FGM and shall FGM have no obligations or liabilities in respect of the same.
Indemnification
You hereby indemnify, defend and hold harmless FGM, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, arising out of your breach of these Terms or violation of any law or third-party rights.
Communications
You will be required to provide a valid phone number while placing an order with us. You may receive communications from FGM via e-mail, SMS, phone call or through notices on the Website or by any other means. You hereby consent to receive communications (including transactional, promotional and/or commercial messages), with respect to your use of the Service and/or any transaction(s) you undertake on the Service.
Modifications to the Service; Amendments to these Terms
We shall be entitled to make changes to the Website, the Service, and these Terms at any time. By continue to use the Service, you agree to be bound by such updated terms and conditions.
Severability
If any provision of these Terms is deemed invalid, void, or unenforceable, such provision shall be deemed severable and it shall not affect the validity or enforceability of any other provision(s).
Force Majeure
We shall not be responsible for any breach of these Terms by us if such breach arises from any cause which is beyond our reasonable control.
Waiver
No waiver of any provision hereof shall be effective unless made in writing and signed. Our failure to require the performance of any provision of these Terms, or the waiver by us of any breach of these Terms, shall not prevent any subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.
Governing law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of India. Any dispute, claim, termination or other question relating to the interpretation of these Terms shall be subject to arbitration seated at Mumbai, India, by a sole arbitrator mutually appointed from a panel of arbitrators nominated by us. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai, India.