CONDITIONS OF USE
Welcome to our online video library, Fabic TV, Fabic Pty Ltd and all related parties provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Fabic TV or send emails to Fabic Pty Ltd, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. 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.
LINKED SITES
This site may contain links to other websites operated by third parties. Fabic Pty Ltd is not liable for those sites or any content or information such sites contain.
COPYRIGHT
All content included on or accessible through this site, such as audio-visual works, and all text, artwork, photographs, video, music, title treatments, and related synopses, trademarks, logos, button icons, images, audio clips, digital downloads, as well as data compilations and software, are the property of Fabic Pty Ltd or its content suppliers and protected by international copyright laws. The design, structure, selection and compilation of all content on this site is the exclusive property of Fabic Pty Ltd, with copyright authorship for this collection by Fabic Pty Ltd and protected by international copyright laws.
Except as expressly provided in these terms, no part of this site may be copied, reproduced, republished, publicly displayed, encoded, translated, transmitted or distributed in any way.
TRADE MARKS
Fabic Pty Ltd and Fabic TV trademarks and trade dress may not be used in connection with any product or service that is not from Fabic Pty Ltd, in any manner that is likely to cause confusion for customers or in any manner that disparages or discredits Fabic Pty Ltd. All other trademarks not owned by Fabic Pty Ltd or a related party that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Fabic Pty Ltd or a related party.
LICENCE AND SITE ACCESS
Fabic Pty Ltd grants you a limited licence to access and make personal use of this site (Fabic TV) and its content and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fabic Pty Ltd. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots or similar data gathering and extraction tools. This site and any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent from Fabic Pty Ltd and must not be used in any manner that is likely to cause confusion for customers or in any manner that disparages or discredits Fabic Pty Ltd or a related party. You may not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Fabic Pty Ltd or a related party without the express written consent of Fabic Pty Ltd. You may not use any meta tags or any other ‘hidden text’ utilising the Fabic TV or Fabic Pty Ltd name or trademarks without the express written consent of Fabic Pty Ltd. You may not do anything that undermines or circumvents security or privacy measures employed by Fabic Pty Ltd on this site.
Any unauthorised use terminates the permission or licence granted by Fabic Pty Ltd. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of the Fabic TV site (www.fabic.tv) so long as the link does not portray Fabic Pty Ltd, its associates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Fabic Pty Ltd logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of 18, you may use our website only with involvement of a parent or guardian. Fabic Pty Ltd and all related parties reserve the right to refuse service, terminate accounts, remove or edit content or cancel subscriptions in their sole discretion.
REVIEWS, COMMENTS, EMAILS AND OTHER CONTENT
Visitors may post reviews, comments and other content where such facilities are available and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, 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 malware, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of a page or other content. Fabic Pty Ltd reserves the right (but not the obligation) to monitor, remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant Fabic Pty Ltd and all related parties a non-exclusive, royalty-free, perpetual, irrevocable and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Fabic Pty Ltd and all related parties and sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Fabic Pty Ltd and all related parties for all claims resulting from content you supply. Fabic Pty Ltd takes no responsibility and assumes no liability for any content posted by you or any third party.
MEDICAL DISCLAIMER
Any activity or content accessed on or through this site, and any goods supplied by Fabic Pty Ltd are not intended to be a substitute for professional behavioural, medical or other specialist advice, diagnosis or treatment. As always, seek the care and advice of your behavioural specialist, physician or other qualified health provider with any questions you may have regarding a behavioural or other medical condition.
RISK OF LOSS
Fabic Pty Ltd uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However, you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Fabic Pty Ltd will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of malware).
PRODUCT DESCRIPTIONS
Fabic Pty Ltd and all related parties attempt to be as accurate and precise as possible. However, Fabic Pty Ltd does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free. If a product offered by Fabic Pty Ltd itself is not as described, your sole remedy is to return it, and if it is physical item, return it in unused and as new condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FABIC PTY LTD ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. FABIC PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FABIC PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FABIC PTY LTD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM FABIC PTY LTD ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. FABIC PTY LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATUTE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Fabic TV, you agree that the laws of the state of Queensland, Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Fabic Pty Ltd or a related party.
DISPUTES
Any dispute relating in any way to your visit to Fabic TV or to products you purchase through Fabic TV shall at the request of either party be submitted to mediation in Queensland, Australia, except that, to the extent you have in any manner violated or threatened to violate the Fabic Pty Ltd’s intellectual property rights, Fabic Pty Ltd may seek injunctive or other appropriate relief in any state or federal court in Australia and you consent to exclusive jurisdiction and venue in such courts. The mediator shall be appointed by the President of the Australian Psychological Society. The mediation shall be held on the Gold Coast, Queensland. The costs of the mediator shall be borne by the parties equally. The procedures to be adopted in a mediation shall be as specified by the mediator.
If the dispute cannot be resolved at mediation, then the dispute shall be submitted to a referee appointed by the President of the Australian Psychological Society for binding expert determination. The referee shall act as an expert and not as an arbitrator; act independently of, and act fairly and impartially as between the parties, giving each party a reasonable opportunity to make submissions on the procedure and present its case, but otherwise shall proceed in any manner that he or she thinks fit; conduct any investigation that he or she considers necessary; determine whether it is necessary to enlist legal or other technical expertise to assist the expert determination; and make such directions for the conduct of the expert determination as he or she considers necessary. The parties shall pay their own costs of preparation and making submissions in the course of the expert determination and pay one half of the expert’s costs and any incidental costs. The determination of the referee shall be in writing, accompanied by reasons. The referee’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The referral of a dispute for expert determination does not suspend the rights of Fabic Pty Ltd under these terms or the contractual obligations of the parties under any contract they have entered.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to Fabic TV. We reserve the right to make changes to our site, policies and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy or other policy-related material can be directed to our support staff by clicking on the ‘Contact Us’ link in the menu. Or you can email us at: info@fabic.com.au
DEFINITIONS:
In these Terms and Conditions, a reference to ‘all related parties’ includes all officers, shareholders, employees and agents of Fabic Pty Ltd or a related entity, as well as their affiliates, subsidiaries, employees, agents, partners and licensors.
