Terms Of Use
Effective Date: ________, 2022
M/s. Fusion Access(“Fusion Access”) is pleased to provide to you access to its website. These terms govern your use and our provision of the Services on the Fusion Access website (“Our Website”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.
1. Contract between You and Us
This is a contract between you (“You”) and M/s. Fusion Access, a partnership firm having its registered office at8-F, 8th Floor, Dhiraj Chambers, 9, Waudby Road, Fort, Mumbai 400001, India and/or its affiliates. You must read and agree to these terms before using or accessing Our Website. If You do not agree, Youshould not use or access Our Website.These terms describe the limited basis on which the Fusion Access Services are available and supersede prior agreements or arrangements.
Use of Fusion Access Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e. under the age of eighteen (18) years, You may use the services only with the consent of a Parent (defined hereinafter).
Supplemental terms and conditions may apply to some Fusion Access Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Fusion Access Services. Supplemental terms and conditions will be disclosed to You in connection with the applicable competition, service or activity. Any supplemental terms and conditions are in addition to these terms, and in the event of a conflict, prevail over these terms.
Fusion Access may amend these terms at Fusion Access’s sole discretion and make best efforts to notify You when major changes are made.Your continued use of Fusion Access Services following the posting of changes and/or modifications will constitute Your acceptance of the revised terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits upon You. Notwithstanding the above, if any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
Fusion Access may immediately terminate this contract with respect to You(including Your access to the Fusion Access Services) if You fail to comply with any provision of these terms.
At anytime during the subsistence of the Terms of Use and the Privacy Policy, a Parent may revoke their consent by discontinuing the access or use of Fusion Access Services.
You undertake and warrant that You will periodically review the Terms of Use provided at www.fusionaccess.com and the Privacy Policy at www.fusionaccess.com and that Your consent to the same shall be construed by the continuous access or use of the services from Your account. www.fusionaccess.com
2. Fusion Access Services
Fusion Access Services are for Your personal, use and are intended for purchasing, informational and other similar purposes only. Fusion Access Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Fusion Access Services are owned by us or our licensors or licensees or any affiliate companies. Except as we specifically agree in writing, no element of the Fusion Access Services may be used or exploited in any way other than as part of the Fusion Access Services offered to You. You may own the physical media on which elements of the Fusion Access Services are delivered to You, but we retain full and complete ownership of the Fusion Access Services and all the intellectual property rights vested therein. We do not transfer title to any portion of the Fusion Access Services to You. Nothing provided by any brand owned or licensed by Fusion Access should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark displayed on Fusion Access Services without the written permission of Fusion Access. Content and Software License
If a Fusion Access Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant You a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use such software, content, virtual item or other material for Your personal use only.
You agree not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Fusion Access Services to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Fusion Access.
You may not redistribute, circumvent or disable any content protection system or digital rights management technology used with any Fusion Access Service; decompile, reverse engineer, disassemble or otherwise reduce any Fusion Access Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Fusion Access Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. By acquiring services, content or software through the Fusion Access Services, You represent and warrant that Your access to and use of the services, content or software will comply with those requirements.
Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not Fusion Access, is responsible for all electronic communications and content sent from Your computer to us and You must use the website for lawful purposes only. You must not use the website for any of the following:
• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
• to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• to cause annoyance, inconvenience or needless anxiety.
• You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Disclaimers and Limitation on Liability
THEFUSION ACCESS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. FUSION ACCESS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR RISK.
WESHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, LOSS OF OR DAMAGE TO DATA OR LOSS OF BUSINESS OR GOODWILL AND OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IF YOU ARE DISSATISFIED WITH FUSION ACCESS SERVICES, THE PRODUCTS AVAILABLE ON IT, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING FUSION ACCESS SERVICES.
UNLESS OTHERWISE SPECIFIED, FUSION ACCESS SERVICES ARE PRESENTED SOLELY FOR THE PURPOSE OF PURSHASING, INFORMATIONAL AND FOR OTHER SIMILAR PURPOSES IN ACCORDANCE WITH THE LAWS OF INDIA. FUSION ACCESSMAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
OUR WEBSITE IS ONLY A VENUE WHERE USERS MAY MEET AND INTERACT WITH ONE ANOTHER FOR THEIR TRANSACTIONS. FUSION ACCESS IS NOT AND CANNOT BE A PARTY TO OR CONTROL IN ANY MANNER ANY TRANSACTION BETWEEN TWO USERS OF OUR WEBSITE. FUSION ACCESS NEITHER RECOMMENDS YOU TO BUY OR SELL ANY GOODS OR SERVICES ON OUR WEBSITE NOR ENDORSES ANY SUCH GOODS OR SERVICES NOR PROVIDES ANY GUARANTEE, WARRANTY OR ASSURANCE WITH RESPECT TO ANY GOODS OR SERVICES MADE AVAILABLE ON OUR WEBSITE. FURTHER, FUSION ACCESS DOES NOT GUARANTEE, WARRANTY OR PROVIDE ANY ASSURANCE ON THE BEHAVIOUR OF ANY USER OF OUR WEBSITE INCLUDING ANY GUARANTEE, WARRANTY OR ASSURANCE THAT ANY USER (WHETHER BUYER OR SELLER) WILL COMPLETE ANY TRANSACTION OR ACT IN A PRUDENT MANNER. YOUR SOLE AND EXCLUSIVE REMEDY AND FUSION ACCESS 'S SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY IS TO PROVIDE YOU NECESSARY INFORMATION (SUBJECT TO THE PRIVACY POLICY AND APPLICABLE LAWS) FOR YOU TO DEAL WITH OTHER USERS OF THE WEBSITE (INCLUDING THE SELLERS LISTED ON OUR WEBSITE) WITH RESPECT TO ANY DISPUTE.
FUSION ACCESS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY PRODUCTS OR SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FUSION ACCESS SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, FUSION ACCESS SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. FUSION ACCESS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND.
NOTWITHSTANDING ANYTHING TO CONTRARY CONTAINED IN THESE TERMS OR ELSEWHERE, FUSION ACCESS'S ENTIRE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT OF THE MONEYS PAID BY YOU FOR OR TOWARDS ANY PRODUCT OR SERVICE, IN CONNECTION WITH WHICH THE CLAIM HAS ARISEN, WHICH AMOUNT SHALL BE REFUNDED YOU, IN CASE THE CLAIM IS PROVEN BY AN ORDER OF THE COURT OR ANY COMPETENT AUTHORITY.
IN NO EVENT SHALL FUSION ACCESS, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT FUSION ACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, (2) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (3) ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE OR THE SERVICES.
Additional Restrictions on Use of the Fusion Access Services
You may not submit posts intended to promote and/or generate revenue for yourself and/or any third party business activity. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Fusion Access Service or connected network, or interfere with any person or entity’s use or enjoyment of any Fusion Access Service. Additionally, You agree not to access, monitor or copy any element of the Fusion Access Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to Fusion Access servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Fusion Access grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fusion Access reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by Fusion Access (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Fusion Access Service with respect to their Content.
Third Party Hyperlinks
The appearance of external hyperlinks and/or other elements generated by third parties on thissite does not constitute endorsement by Fusion Access and/or its affiliate companies of the opinions or views expressed by such third parties' websites. Fusion Access does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties' sites. Furthermore,Fusion Acces is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties' sites. As such, Fusion Access will not be responsible for content provided on any third party website, and further Fusion Access will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites.
Third-Party Services and Content
The Fusion Access Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.
If You access a Fusion Access Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc.,Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Fusion Access Services. You agree that Your access to the Fusion Access Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
Mobile Networks
When You access the Fusion Access Services through a mobile network, Your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Fusion Access Services may be prohibited or restricted by Your network provider and not all Fusion Access Services may work with Your network provider or device.
3. Your Content and Account
User Generated Content
The Fusion Access Services may allow You to communicate,submit,upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”),which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is unlawful, abusive, tortuous, profane, pedophilic, racially or ethnically or otherwise objectionable, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to Your User Generated Content; however, You grant us a non-exclusive, sub licensable, irrevocable perpetual and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit, commercially or otherwise, such User Generated Content, in whole or in part, in all media formats now known or hereafter devised (including in connection with the Fusion Access Services and on third-party sites and platforms such as Facebook, Instagram,You Tube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to You, with or without attribution, and without the requirement of permission from or payment to You or any other person or entity. The User Generated Content may be subject to such additional terms and conditions provided by Fusion Access at the time of submission.
You represent and warrant that Your User Generated Content conforms to these terms and that You own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, Your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of Your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. Fusion Access reserves the right to decide whether the User Generated Content or any other content violates this Terms of Use.
To the extent that we authorize You to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant You a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon Your assignment to us of all rights in the work You create. If such rights are not assigned to us, Your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Fusion Access Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to You. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Claims against Objectionable Content
We operate on a "notice and takedown" basis. If You believe that any content on Our Website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Notifying of Objectionable Content. Once this procedure has been followed, Fusion Access will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
Notice and Procedure for Notifying Fusion Access of Objectionable Content
If You believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined hereinabove, please notify us immediately by sending us a notice in the format as set out below.
Please note that this procedure is exclusively for notifying Fusion Access of Objectionable Content on or advertised for sale on the Fusion Access website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: Giving false, misleading or inaccurate information in the Notice to Fusion Access may result in civil and/ or criminal liability.
Notice to Fusion Access of Objectionable Content
I, [Your full name] of Your postal address, Your occupation, says as follows:
1. I refer to the website www.fusionacces.com. I make this statement in support of my giving Fusion Access notice that, via the website, it is causing or contributing to the publication of Objectionable Content.
2. The Objectionable Content (delete whichever paragraph is not applicable): (a) appear in [●] being sold by Fusion Access via the website entitled [please insert suitable description]. OR (b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the Objectionable Content appears].
3. This content is Objectionable Content because [please state why you consider the content is Objectionable Content].
4. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Dated:
Please read the conditions of use carefully before using the Fusion Access website. By using the Fusion Access website, you signify your agreement to be bound by these conditions.
Accounts
Some Fusion Access Services permit or require You to create an account to participate or to secure additional benefits. Such an account may be created by You if You are above eighteen (18) years of age or by Your by father or mother whether biological, adoptive or step father or step mother and includes a legal guardian (“Parent”) on Your behalf. You agree to provide and maintain accurate, current and complete information, including Your contact information for notices and other communications from us and Your payment information. You agree to inform us immediately of any changes to the information that You provided when registering. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details of a Parent. You agree that we may take steps to verify the accuracy of information You provide, including contact information for a Parent. You may never use another's account without permission.
To create an account for a minor in relation to Fusion Access Services a Parent shall complete the registration process for his or her child. To create a membership account for the child on the site the Parent must, along with other requirements, (a) provide information about the Parent and his/her child as prompted by our registration processes, (b) agree to the Terms of Use (c) review and consent to the site's practices in collecting and using personal information from children under thirteen (13) years of age as specified in this Terms of Use and (d) submit the Parent's credit card information to pay the fees, if any, required to use the site.
A Parent's affirmative consent during the registration process means that such Parent consents to the collection, use and disclosure of the personally identifiable information of his or her child in accordance with the Privacy Policy available at support@fusionaccess.com and has reviewed this Terms of Use.
You undertake not to impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content, stalk or otherwise harass another person or user, upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships, upload, post or e-mail any content that infringes any intellectual property rights or other third party rights of any party or violate any applicable national or international laws or regulations.
As a Fusion Access account holder You may submit content to the Service, including videos and user comments. You understand that Fusion Access does not guarantee any confidentiality with respect to any content You submit.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate Your account and Your ability to use the Fusion Access Services if You engage in, encourage or advocate for illegal conduct, or if You fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities under Your account that You can reasonably control. You should take all necessary steps to ensure that the password is kept confidential and secure and You agree to promptly notify us if You have any reason to believe of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving the Fusion Access Services.
In the absence of such notification from You, any purchase transaction made on Our Website through Your Account and/or in Your name shall be binding on You. Fusion Access 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 Fusion Access or any other user or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your account information secure and confidential.
The security, integrity and confidentiality of Your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect Your information from unauthorized access, disclosure, use and modification.
Membership Benefits
As a registered member of Fusion Access, Your address, email-id, and other delivery details become automatically saved in the "My Account" section of Our Website, accessible only to You. You can track all your orders by logging in to the "My Account" section with the User ID and password set by you. You can save items you are interested in, using the "My Wishlist" feature, for easy purchases. Further, if You choose to opt for our e-mail updates, all information regarding new additions to Our Website, as well as promotional schemes, will be e-mailed to you at regular intervals.
Electronic Communications
When You use any Fusion Access Services, or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail, SMS, phone call or by posting notices on this site or through the other Fusion Access Services. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
4. Paid Transactions
Identity of Seller
Sales are made by Fusion Access or the seller identified at the time of sale, if different. If You have questions about Your order, please contact the seller at the address provided and they will assist You. Some storefronts on the Fusion Access Services are operated by third parties and, in that case, different or additional sale terms may apply, which You should read when they are presented to You.
Digital Content and Virtual Items
We may make applications, software or other digital content available on the Fusion Access Services for You to license for a one-time fee. When purchasing a license to access such material from a Fusion Access Service, charges will be disclosed to You on the Fusion Access Service before You complete the license purchase.
Your purchase of a virtual item is a payment for a limited, non-assignable license to access and use such content or functionality in the Fusion Access Services. Virtual items (including characters and character names) purchased or available to You in the Fusion Access Services can only be used in connection with the Fusion Access Services where You obtained them or where they were developed by You. These items are not redeemable or subject to refund and cannot be traded outside of the Fusion Access Services for money or other items for value. We may modify or discontinue virtual items at any time.
The Order Process
You will have the opportunity to review and confirm Your order, including delivery address (if applicable), payment method and product details. We will send to You a notice when we accept Your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to You at the time we send the notice. At such time, the contract for sale will be made and become binding on both You and us. The risk of loss in any goods You purchase and the responsibility to insure them passes to You when the relevant goods are delivered.
In the case of gifts or other purchases made on behalf of another recipient, You also agree to grant the foregoing authorizations on behalf of the recipient designated in Your order.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in Your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact You if any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after we have processed Your payment but prior to delivery, we will refund Your payment.
Payments and Billing
When You provide payment information, You represent and warrant that the information is accurate, that You are authorized to use the payment method provided, and that You will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
Right of Return and Cancellation
We may accept returns of only those orders where the products have been incorrectly shipped. No other returns are accepted.
Personalized Goods
Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once You have submitted Your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause Your order to be cancelled and any payment refunded.
Pricing; Taxes
We may revise the pricing for products and services we offer. When You place Your order, we estimate the tax and include that estimate in the total for Your convenience. The actual tax amount that will be applied to Your order and charged to Your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
PRODUCT DESCRIPTIONS, FEATURES AND SPECIFICATIONS
Every effort is taken to ensure that the products supplied correspond as closely as possible to the products shown on our website, but they may vary due to unique and characteristic variations of natural materials. We are not responsible for any such variations, which add to the unique quality of the Product, including but not limited to the following:
a. While we strive to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
b. Many of our products are individually hand finished and product colour and shade may vary from one manufacturing batch to another. This will be more apparent if orders are placed at different times.
c. All Product measurements are approximate.
d. Leather is a natural material with unique characteristics such as shade variation, random scars and blemishes.
e. We reserve the right to make any changes to the Product specifications (external and/or internal) and any other changes where necessary.
f. Please check the details of the products shown in any of our promotional publications or offers before ordering, as these products may vary from the products shown in our catalogue, Website or stores.
g. Product specifications will vary from range to range as reflected in the design and price, however, all our products are manufactured to the same high quality standards.
5. Competitions
Competitions that You enter on a Fusion Access Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
Entries
Your competition entry is User Generated Content and subject to all provisions of these terms that govern Your submission and our use of Your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental authorization was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information, or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
Eligibility
To enter a competition, You must be a citizen of India, a registered user of the Fusion Access Services and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve Your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If You are under the age of eighteen (18)(or the age of majority under applicable law) and the competition is open to You, we may need Your Parent’s permission before we can accept Your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners may be required to answer a mathematical test or a skill based questionnaire in order to be eligible to win a prize.
Prizes
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming aprize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use Your name, town or city and state, province or country, likeness, prize information and statements by You about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their Parents) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
In case of any dispute or difference in respect of any competition organized by Fusion Access, the decision of Fusion Access shall be final and binding on all the parties concerned.
Every reasonable effort will be made to contact the winner. If a winner cannot be contacted within five (5) business days of the date of the selection of the winner, the Prize will revert to Fusion Accessand may be awarded to another entrant with eligible entry at Fusion Access’s absolute discretion.
6. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Fusion Access reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of Fusion Access violates these Conditions of use and, or terminate Your permission to access or use this website.
If You do post content or submit material, and unless we indicate otherwise, You
(a) grant Fusion Access and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) Fusion Access and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights You grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive Your right to be identified as the author of such content and Your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to protect any of the above rights granted by You to Fusion Access, including the execution of deeds and documents, at its request.
You represent and warrant that You own or otherwise control all of the rights to the content that You post or that you otherwise provide on or through Our website; that, as at the date that the content or material is submitted to Fusion Access: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Fusion Access policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Fusion Access and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
7. Disclaimer
You acknowledge and undertake that you are accessing the services on the Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through Our website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products.
We further expressly disclaim 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 or the content (including product or pricing information and/or specifications) on Our website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.
8. Additional Provisions
Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything You submit to us – whether or not solicited by us – You agree that creative ideas, suggestions or other materials You submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and us in any way, and that You have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated address:
Poonam Chambers A Wing,Gala 1 & 2 - Basement, Opposite Atria Mall, Dr. Annie Besant Road ,Worli Mumbai 400 018 INDIA
Choice of Law
These terms are governed by and construed in accordance with the laws of Republic of India. You waive any claims that You might have against Fusion Access based on any other jurisdiction including your own.
Binding Arbitration
Fusion Access and You agree to arbitrate all disputes between us, except disputes relating to the enforcement of our intellectual property rights. Dispute means any dispute, action or other controversy between You and us concerning the Fusion Access Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a Dispute, You or Fusion Access must send to the other party a notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of Dispute to M/s. Fusion Access at Poonam Chambers A Wing,Gala 1 & 2 - Basement, Opposite Atria Mall, Dr. Annie Besant Road ,Worli Mumbai 400 018 INDIA. Attention: Legal/Arbitration Notice. We will send any notice of Dispute to You at the contact information we have for You.
Any Disputes arising out of the Terms of Use or from use of Fusion Access Services not settled by mutual agreement of the parties involved within fifteen (15) days after a Party is provided written notice for settlement thereof shall be referred to arbitration of sole arbitrator appointed by Fusion Access under the Indian Arbitration and Conciliation Act of 1996. The arbitration proceeding shall be conducted in Mumbai, India and shall be governed by and constructed in accordance with the laws of India. The language of the arbitration shall be English. The costs and expenses of the arbitration shall be borne as decided pursuant to the award.
Access to the website
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction
Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival
The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
Waiver
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Fusion Access without restriction.
Force Majeure
Fusion Access’s performance of its obligations under this Contract will be suspended for so long as Fusion Access is prevented from doing so by an Event of Force Majeure. “Event of Force Majeure” shall mean such events or circumstances, which are beyond the control of Fusion Access and which events could not have been reasonably foreseen or anticipated by Fusion Access upon the exercise of due care and diligence, including but not limited to Fusion Access Services’ operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting Fusion Access), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of Fusion Access Services beyond Fusion Access’s control.
9. Products or Services
Fusion Access strives to display as accurately as possible the colors and images of the products shown on the website. However, because the colors you see will depend on your monitor, Fusion Access cannot guarantee that your monitor’s display of any color will be accurate.
Every effort is taken to ensure that the Products supplied correspond as closely as possible to the actual product, Website and catalogue, but they may vary due to unique and characteristic variations of natural materials. We are not responsible for any such variations, which add to the unique quality of the Product, including but not limited to the following:
1) Many of our Products are individually hand finished and Product colour and shade may vary from one manufacturing batch to another. This will be more apparent if orders are placed at different times.
2) All Product measurements are approximate. On Lighting, Wooden Furniture, Fabric and Upholstered products, allow +/- 1-2 inch(es) variance on sizes stated.
3) There may be slight variations in the fabrics - color/ touch and feel due to lot variations.
4) Leather is a natural material with unique characteristics such as shade variation, random scars and blemishes.
5) We reserve the right to make any changes to the Product specifications (external and/or internal) and any other changes where necessary.
6) Please check the details of the Products shown before ordering, as these Products may vary from the Products shown in our Website.
7) Product specifications will vary from range to range as reflected in the design and price, however, all our Products are manufactured to the same high quality standards.
8) We reserve the right to limit the quantities of any products or services that we offer.
9) All descriptions of products or product pricing are subject to change at any time without notice, at the oursole discretion.
10) We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Fusion Access is not responsible for any consequences that arise from the use of the product. The buyer or user of the product needs to make their own judgment of the safety and risks associated with various products that may be sold, and are solely responsible for the consequences of use of these products.
10. ERRORS/ INACCURACIES IN THE DISPLAY OF INFORMATION
Fusion Access website is a channel for sales and as such aims to make information about products and services accurate. However should there be unintentional errors relating to be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability; Fusion Access will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
11. Content Modifications
Fusion Access may at any time make changes or modify the website, its contents, the policies and terms and conditions including the privacy policy, shipping policy, return policy without any prior notice and it may do so with no prior permissions from users of the site or service.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
12. Availability, Errors And Inaccuracies
Many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on the Site is no longer in stock, we make reasonable attempts to remove that item from the Site in a timely manner. Should you have any questions concerning the availability of a particular item or its price, please contact us at support@fusionaccess.com or call us on our customer care number. Fusion Access’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Fusion Access makes a conscientious effort to describe and display its products and services accurately on the Site.
Despite all efforts, a small number of the items on the Site may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Fusion Access reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time, including after an order has been submitted, without prior notice. We apologize for any inconvenience.