TERMS OF USE

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.


This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the www.funofable.com.


This document forms a legal agreement between you, the potential user of this website – www.funofable.com (hereinafter referred to as “You”, “Your” or “User”) , and Shining Star Quest, a partnership firm incorporated under The Indian Partnership Act, 1932 with its registered office at 306, Narang Apartment, No.11, 4th Cross, Kumarapark West. Bangalore. 560020 (hereinafter referred to as “We”, “Us”, “Fun ‘O’ Fable”, “Website” , “Firm” or “Our” which expression shall mean and include its affiliates, successors and permitted assigns).

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. YOU DECLARE YOUR WILLINGNESS TO ABIDE AND BE BOUND BY THESE TERMS OF USE THROUGH YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. FUN‘O’FABLE MAY, AT ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME, AND SUCH MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON BEING POSTED ON THIS SITE.
These Terms of Use will be effective immediately upon Your acceptance of Our terms and conditions, Your use of Our Website being indicative of such acceptance. These Terms of Use shall be enforceable against You in a the same manner as any other written agreement.

1. NATURE AND APPLICABILITY OF TERMS:

  1. Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at “Privacy Policy” before You decide to access the Website or avail the services made available on the Website by Us. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and Fun-o-Fable in connection with Your visit to the Website and Your use of the Services (as defined below).

  2. This Agreement applies to those services made available by Fun-o-Fable which are provided to its Users(‘Services”) including the following but not limited to: a) Provide a subscription based service for world class reading material for children between the age of 0-12 Years.
    b) Provide an online store for the viewing and purchase of its products.
    c) Provide any additional services and products under the name and style of Fun-o-Fable
    d) Provide other ancillary details and services in furtherance of servicing You.

2. GRANT OF RIGHTS

  1. Subject to the Terms of this Agreement, We hereby grants to User, solely for the User’s use and strictly in accordance with the terms and conditions of this Agreement and with any applicable law, a limited, non-perpetual, non-exclusive, non-transferable right to access and use the Services.

3. OBLIGATIONS OF THE USER

  1. Without derogating from any other obligation of the User pursuant to these Terms, the User undertakes to act responsibly. By acting responsibly, you agree to the following:
    1. You have the right, authority and capacity to enter into this Agreement on your own behalf and on behalf on any entity for whom you are acting and to abide by all of the terms and conditions contained herein, and that if any aspect of your participation in Provide any additional services and products under the name and style of Fun-o-Fable violates provisions of the law to which you are subject, you will cease using the Services and close your account
    2. You will provide Fun ‘O’ Fable with all necessary cooperation in relation to this Agreement and in order to render the Services including but not limited to creation of an account on our website;
    3. You represent and warrant that you will provide all required registration information you submit is truthful and accurate and you will maintain the accuracy of such information.
    4. You comply with all applicable laws and regulations with respect to Your activities under this Agreement and its use of the Services;
    5. To the extent required, You will obtain and maintain all necessary licences, consents, and permissions necessary for Provide any additional services and products under the name and style of Fun-o-Fable to perform its obligations under this Agreement, including, without limitation, for the transmission through the Services of any User Data;
    6. Ensure that Your network and systems comply with the relevant specifications provided by Us from time to time;
    7. That you shall not use a User ID name that is subject to any rights of a person other than yourself without appropriate authorisation;

4. RESTRICTED ACTIONS

  1. During the use of the Service, You shall not:
    a) attempt to copy, modify, duplicate, imitate, reproduce, create derivative works from, frame, mirror, or download, all or any portion of the Services in any form or media or by any means;
    b) attempt to decompile, disassemble, reverse engineer or otherwise attempt to discover any source code from, all or any part of the Services;
    c) access or use all or any part of the Services in order to build or create a product or service which is similar to, or which competes with, the Services
    d) attempt to obtain, or assist third parties in obtaining, unauthorised access to the Services;
    e) abuse the Services in any way and/or use the Services for advertising or solicitation to buy or sell any products and/or for creating, sharing and sending unsolicited commercial messages, bulk email, “junk mail”, “spam” or chain letters;
    f) create or send any viruses, worms or trojan horses, flood or mail bombs, or engaging in denial of service attacks while using the Services;
    g) use the Services in any manner that damages, disables, overburdens, or impairs the Services, or Firm's systems or servers, or the cloud or other platform on which the Services operates, and/or otherwise interferes with any other party's use and enjoyment of the Services
    h) access the Services by any means other than through the interface that is provided by Firm for accessing and use of the Services                                  i) permit any third party to do any of the foregoing through your account or by any other means. 
  2. User shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, it shall promptly notify Us. Fun’O’Fable cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

5. PAYMENT POLICY

  1. For each order that you subscribe to, on the Website, You agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”). 
  2. We reserve the right to change the time of billing, in particular, if Your Payment Method has not successfully settled, there are unforeseen delays that hinder our ability to ship your product or there are changes to Your account or Subscriptions. 
  3. If your Subscription includes a discounted Product Price for a promotional period your Subscription will renew at the full Product Price after the expiry of the Promotional Period. 
  4. You will be solely responsible for payment of all taxes (other than taxes based on Firm’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the product purchase (“Taxes”) not withheld by Firm, including, without limitation, all Product purchased pursuant to any Updated Subscription. 
  5. ALL PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY SET FORTH IN THIS DOCUMENT. 
  6. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law, whichever is higher. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts. 
  7. Payments for services may only be made using the payment gateway engaged by Fun ‘o’ Fable for the purpose of the payment transactions. Once the order has been placed, you will be redirected to the service webpage of the payment portal. Any information provided on the webpage of the payment portal shall be governed by the Privacy Policy of Payment portal and Fun ‘o’ Fable shall not be responsible for any use of information collected through such webpage.The various modes of payment permitted by Fun-o-Fable include credit card, debit card, net banking, wallets UPI, Fun ‘O’ Fable reserves the right to disable any form of payment at any given point of time due to any reasons. 
  8. You further agree that when you initiate a payment transaction and/or issue an online payment Instruction and provide your Debit/Credit Card or Bank account details: a) You warrant that you are fully and lawfully entitled to use the said Debit/Credit Card or Bank Account for such transactions. b) You are responsible to ensure that all the Debit/Credit Card or Bank Account details provided by you are accurate. c) You are responsible to ensure that sufficient credit is available on your presented Debit/Credit Card or Bank Account at the time of making the payment to permit the payment of the bill/s selected by you inclusive of the applicable fees. 
  9. Convenience fees may be levied for Online Payments using any payment channel (Credit Card/Debit Card/Net Banking/Wallets & Cash Cards). Convenience fee can be either a flat fee (Net Banking) or a percentage (Card Gateway & Wallets & Cash Cards) of the amount that you pay depending on the payment mode selected. The payment process would be considered to be complete only on receipt of the fees into the Firm's designated bank account.

6. SHIPPING POLICY

  1. Currently, Fun ‘O’ Fable ships its products within the territory of India through third-party courier services. For international shipping please write to us on contact@funofable.com and we will be happy to assist you. Any delivery dates provided by Firm are estimates. Firm reserves the right to make deliveries in installments. Firm will send you intimation when your order has shipped and you may review your order and shipping information on your Account. You are responsible for keeping your account and shipping information accurate and up to date.
  2. If the User desires to change the address for a month’s box, then the same must be made 10 days prior to your delivery cycle to be valid for that month’s box. In cases where boxes are returned to us, our policy is that, as a courtesy, we’ll resend one box for free, and, for any additional boxes that are returned to us, we will invoice you for the cost of shipping. After the first returned box, subsequent boxes will only be shipped to you after full payment for the returned box is received by Us from you.

7. CANCELLATION POLICY

  1. Fun ‘O’ Fable takes immense pride in engaging its resource to curate and customise the monthly boxes received by you through the inputs provided by you during the time of placing your order and as such the User cannot cancel your subscription during the ongoing term. However, we value our customers and therefore You can pause the delivery of your boxes during your subscription term. If you do not wish to receive that month’s box mail us at contact@funofable.com before 11:59 PM IST before 10 days of your delivery cycle with the name and email address of the account. Your subscription will be automatically resumed from the next month unless you specific the duration for which you want the subscription to be paused. If you email to stop the delivery after the aforementioned details, you will receive that month’s box.
  2. The maximum duration for which you can pause your subscription is as follows :
    a) Four Months Subscriptions-___ months maximum pause.
    b) Eight Months Subscription-___ months maximum pause.
    c) Twelve month Subscription-___ months maximum pause.
  3. If you have placed a non-subscription order with us via our Gift boxes, Promotion boxes or under
    any other service that We may offer from time-to-time then you may cancel your order within 24
    hours or before the order is shipped from our end, whichever is earlier.

8. RETURN AND EXCHANGE POLICY

  1. Returns: Fun’O’Fable subscription box Products are not eligible for return.
  2. Exchanges: Fun’O’Fable does not accept any Product exchanges.
  3. Damaged Products. If the Product arrives damaged or not substantially as described on the Product information page (“Damaged Product”), Fun’O’Fable will send replacement of the product after receiving adequate proof of the same in the form of photos with time stamp of the damaged Product sent to contact@funofable.com within 48 hours of the Product’s delivery (as determined by courier tracking data).

9. REFUNDS

  1. Fun’O’Fable does not provide any refund. If the Product arrives is damaged or substantially different from the description on the Product information page then Fun’O’Fable will replace the product as per Section 8, sub-section 8.3. Fun’O’Fable also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

10. PROMOTIONS

  1. You expressly understand and represent that you have read the official rules accompanying each special offer, coupon, discount, contest and sweepstakes that We may offer or conduct time to time. Special offers, coupons, discounts or any other promotional activity cannot be used in conjunction with other offers. The firm allows an upper limit of only one offer per order in an effort to ensure a fair reach and availability of our promotional activities

11. PRODUCTS OR SERVICES (if applicable)

  1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
  2. We have made every effort to display as accurately as possible the colours and images of our products.
  3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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.
  4. We do not warrant that the quality of any products, services, information, or other material
    purchased or obtained by you will meet your expectations, or that any errors in the Service will
    be corrected.

12. MODIFICATIONS TO THE SERVICE AND PRICES

  1. Prices for our products and services are subject to change without notice.
  2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not modify the price of your ongoing subscription, without providing you with adequate notice and receiving your acceptance of the price change.
  3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service

13. EXCLUSION OF WARRANTIES

  1. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis. In particular, Fun ‘O’ Fable, its subsidiaries, affiliates and its licensors do not represent or warrant to you that:
     Your use of the Services will meet your requirements,
     Your use of the Services will be uninterrupted, timely, secure, or free from error
     Any information obtained by you  as a result of your use of the services will be accurate or reliable, and

 Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material  No advice or information, whether oral or written, obtained by you from Fun ‘O’ Fable, or through or from the Services shall create any warranty not expressly stated in the terms.

13.2 Fun ‘O’ Fable further expressly disclaims all warranties and conditions of any kind, whether
express or implied, including, but not limited to, the implied warranties and conditions of
merchantability, fitness for a particular purpose, and non-infringement

14. LIMITATION OF LIABILITY

  1. Fun ‘O’ Fable shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to:
     any loss of profit (whether incurred directly or indirectly),
     any loss of goodwill or business reputation,
     any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
     Any other loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:any reliance placed by you on the completeness, accuracy or existence of any advertisement, or
     as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Website;
     any changes which Fun ‘O’ Fable may make to the Services, or
     for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
     the deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services.
     your failure to provide Fun ‘O’ Fable with accurate account information;
     your failure to keep your password or account details secure and confidential.

15. PRIVACY POLICY

  1. Fun ‘O’ Fable values Your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Services. The Privacy Policy explains how Fun‘O’ Fable treats your personal information and protects Your privacy when You access Fun‘O’Fable and use the Services. 

16. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  1. If, at our request or without a request from us, you send submissions, including but not limited to creative ideas, suggestions, proposals, plans, biographical information, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'submissions'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that you send to us. We are and shall be under no obligation
    a. to maintain any submissions in confidence;
    b. to pay compensation for any submissions; or
    c. to respond to any submissions. 
  2. We may, but have no obligation to, monitor, edit or remove content, including in you submissions, that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, derogatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
  3. You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submissions. You are solely responsible for any submissions you make and their accuracy. We take no responsibility and assume no liability for any submissions posted by you or any third-party

17. INTELLECTUAL PROPERTY RIGHTS

  1. Except for the rights expressly granted to User under this Agreement, this Agreement does not grant the User any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Firm, its products and services (including the Services) and/or any documentation ancillary thereof. 
  2. It is expressly understood that the Users are granted the temporary and limited right to access and use the Services as per the terms and conditions of this Agreement. Except for this limited use, the User shall not upload or republish any content of the Website on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilations. 
  3. This Section shall survive any termination or expiration of this Agreement.

18. THIRD PARTY LINKS/WEBSITES

  1. The Website may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Fun ‘O’ Fable, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You do so at Your own risk. We do not in any way endorse the linked websites. 
  2. Similarly, this Website can be made accessible through a link created by other websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of Our Website or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Fun ‘O’ Fable consequent to such representation, it’s correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website, is utilised to visit this Website and such event is brought to the notice or is within the knowledge of Fun‘O’Fable, civil or criminal remedies as may be appropriate shall be invoked.

19. TERMINATION

  1. Unless terminated by the Fun ‘O’ Fable, this Agreement will remain in full force and effect while you use any of the services through our website. Subject to the last sentence of this Section, you may terminate this Agreement at any time by deleting all Content you have provided to Fun ‘O’Fable and ceasing to use the website. 
  2. In the event it is determined by Us that You have violated any of these Terms of Use, We shall have the right, at Our sole discretion, to suspend Your use of and prohibit access to any or all features / parts of the Website forthwith. Any such suspension or termination of access to Website may be effected by Us without providing You with a prior written notice in this regard. Upon such termination of access to the Website, these Terms of Use, as applicable to You, will be deemed to have been terminated. 
  3. You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on the Website. You acknowledge and agree that Fun ‘O’ Fable shall not be liable to You or any third party claiming through You, for any suspension or termination of access to Website

20. JURISDICTION AND DISPUTE RESOLUTION:

  1. You agree that this Agreement and any contractual obligation between Fun ‘O’ Fable and User will be governed by the laws of India.
  2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Fun ‘O’ Fable. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  3. Subject to the above Clause 13.2 the courts at Bangalore, Karnataka shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

21. NOTIFICATIONS

  1. The User agrees to the Firm sending him/her notifications and important messages time to time via its websites, mobile applications, and email to provide him/her a better experience with the services provided by us. You agree that we may provide notices to you on our website, or through an email sent to an email address You provided, or through other means including but not limited to your mobile number, telephone, or email. You agree to keep your contact information up to date.

22. GRIEVANCE OFFICER

  1. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
    Name:
    Designation:
    Phone:
    Email:
    Time:

23. INDEMNITY

  1. User shall defend, indemnify and hold harmless the Firm against any and all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs, legal expenses and reasonable legal fees) arising out of, or in connection with, this Agreement and/or the use of the Services by the User or by anyone on its behalf (including in connection with User Data and/or any infringement of such User Data of this Agreement or third parties’ rights).  You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.

24. MISCELLANEOUS

  1. This Agreement constitute the entire agreement between the parties regarding the subject matter thereof, and supersede any previous arrangement, understanding or agreement between the parties, written or oral, relating to the subject matter hereof.
  2. Fun ‘O’ Fable reserves the right, to modify and amend the terms of this Agreement at any time as and when the same is necessary. Any such modifications/ amendment shall be effective immediately when the same are posted on the Website. If the User continues to use the Services after the modified terms and conditions have been posted then this shall mean that the User has agreed to the modified terms and conditions.
  3. Notwithstanding anything to the contrary herein, Fun ‘O’ Fable will not be held liable for any delay or failure in performance or non-availability of the Services resulting, directly or indirectly, from acts of nature, forces, events, omissions, accidents or causes beyond its reasonable control, including, but not limited to, internet failure, network or computer equipment failures, telecommunication equipment failure, electrical power failures, strikes, lock-outs or other industrial disputes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, breakdown of plant or machinery, acts of God, war, governmental actions or orders, orders of domestic or foreign courts or tribunals.
  4. Notwithstanding anything to the contrary contained herein, the User alone shall be liable for User’s dealings and interaction with Third party contacted or managed through the Website and Fun ‘O’ Fable shall have no liability or responsibility in this regard. Fun ‘O’ Fable does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by any third party through the Services.
  5. Neither party’s waiver of any breach or default of any provision of this Agreement shall not constitute a waiver of other provisions or any other right hereunder, or a waiver of any subsequent breach or default.
  6. Unless expressly provided otherwise herein, rights arising under this Agreement are cumulative and do not exclude rights available by law.
  7. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions (or the remainder of the provision) shall remain in full force and effect.
  8. Fun ‘O’ Fable makes no representation that the contents contained in the Website is appropriate or to be used anywhere outside of India. The information provided on or through the contents of the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Firm to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 
  9. This Agreement does not confer any rights on any third person or party.
  10. The User agrees that he/she shall not in any manner transfer or assign his rights or obligations under this agreement and any such assignment shall be null and void. Fun ‘O’ Fable may, at any time, assign, transferor sub-contract any of its rights or obligations under this Agreement.
  11. Any required or permitted notices hereunder must be given in writing to the other, by one of the following methods: (a) by electronic mail; (b) sent by facsimile; or (c) sent by registered mail, postage prepaid; or (d) nationally – recognised private express courier. 

  12. Fun‘O’Fable’s address for communication is :
    Address :
    Attention : 

    Phone No : 

    Email :