Terms & Conditions
This document is an electronic record
in terms of Information Technology Act, 2000 and rules there under as
applicable and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000. 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 www.pataakastudio.com website.
The domain name www.pataakastudio.com (hereinafter referred to as
"Website") is owned by Pataaka Studio a Firm with its registered
office at A-5, Deep Apartments, opposite Joggers Park, Chedda Nagar, Chembur,
Mumbai – 400089 (hereinafter referred to as "Pataaka").
Your use of the Website and services and tools are governed by the following
terms and conditions ("Terms of Use") as applicable to the Website
including the applicable policies which are incorporated herein by way of
reference. If you transact on the Website, you shall be subject to the policies
that are applicable to the Website for such transaction. By mere use of the
Website, You shall be contracting with Pataaka Studio and these terms and
conditionsincluding the policies constitute Your binding obligations, with
Pataaka.
For the purpose of these Terms of Use, wherever the context so requires
"You" or "User" shall mean any natural or legal person who
has agreed to become a buyer on the Website by either providing Registration
Data or Guest User data while registering on the Website as Registered User or
Guest User using the computer systems. Pataaka allows the User to surf the
Website or making purchases without registering on the Website. The term
"We", "Us", "Our" shall mean Pataaka Design
Private Limited.
When You use any of the services provided by Us through the Website, including
but not limited to, (e.g. Product Reviews), You will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use. We reserve the right, at
Our sole discretion, to change, modify, add or remove portions of these Terms
of Use, at any time without any prior written notice to You. It is Your
responsibility to review these Terms of Use periodically for updates / changes.
Your continued use of the Website following the posting of changes will mean
that You accept and agree to the revisions. As long as You comply with these
Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESETERMS OF USE, SO PLEASE
READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly
or expressly accepting these Terms of Use, You also accept and agree to be
bound by Pataaka Policies ((including but not limited to Privacy Policy
available at Privacy) as amended from time to time.
Membership Eligibility
Use of the Website is available only to persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents etc. are not eligible to use the Website. If
you are a minor i.e. under the age of 18 years, you shall not register as a
User of the Pataaka website and shall not transact on or use the website. As a
minor if you wish to use or transact on website, such use or transaction may be
made by your legal guardian or parents on the Website. Pataaka reserves the
right to terminate your membership and / or refuse to provide you with access
to the Website if it is brought to Pataaka's notice or if it is discovered that
you are under the age of 18 years.
Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the
confidentiality of your Display Name and Password and You shall be responsible
for all activities that occur under your Display Name and Password. You agree
that if You provide any information that is untrue, inaccurate, not current or
incomplete or We have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, or not in accordance with the
this Terms of Use, We shall have the right to indefinitely suspend or terminate
or block access of your membership on the Website and refuse to provide You
with access to the Website.
Communications
When You use the Website or send emails or other data, information or
communication to us, You agree and understand that You are communicating with
Us through electronic records and You consent to receive communications via
electronic records from Us periodically and as and when required. We may communicate
with you by email or by such other mode of communication, electronic or
otherwise.
Charges
Membership on the Website is free for buyers. Pataaka does not charge any fee
for browsing and registering on the Website. Pataaka reserves the right to
change its Fee Policy from time to time. In particular, Pataaka may at its sole
discretion introduce new services and modify some or all of the existing
services offered on the Website. In such an event Pataaka reserves the right to
introduce fees for the new services offered or amend/introduce fees for
existing services, as the case may be. Changes to the Fee Policy shall be
posted on the Website and such changes shall automatically become effective
immediately after they are posted on the Website. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for
compliance of all applicable laws including those in India for making payments
to PataakaStudio.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly
governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or
share any information which:
(a) belongs to another person and to which You does not have any right
to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy, hateful,
or racially, ethnically objectionable, disparaging, relating or encouraging
money laundering or gambling, or otherwise unlawful in any manner whatever; or
unlawfully threatening or unlawfully harassing including but not limited to
"indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism, bigotry,
hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not
limited to, intellectual property rights, rights of privacy (including without
limitationunauthorized disclosure of a person's name, email address, physical
address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted
work (see "Copyright complaint" below for instructions on how to
lodge a complaintabout uploaded copyrighted material), such as providing pirated
computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images
(those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creatingcomputer viruses;
(m) contains video, photographs, or images of another person (with a minor or
an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access
to the Website or to profiles, blogs, communities, account information,
bulletins,friend request, or other areas of the Website or solicits passwords
or personal identifying information for commercial or unlawful purposes from
other users;
(o) engages in commercial activities and/or sales without Our prior written
consent such as contests, sweepstakes, barter, advertising and pyramid schemes,
or the buying or selling of "virtual" products related to the
Website. Throughout this Terms of Use, Pataaka's prior written consent means a
communication coming from Pataaka's Legal Department, specifically in response
to Your request, and specifically addressing the activity or conduct for which
You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole
discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Website or any
other individual's User and enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains
material that is inappropriate for the Website or any other website, contains
content thatwould be prohibited or violates the letter or spirit of these Terms
of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or
third party's trade secrets or rights of publicity or privacy or shall not be
fraudulent orinvolve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages
or communicates any information which is grossly offensive or menacing
innature;
(w) impersonate another person;
(x) contains software viruses 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, cancelbots, 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;
(y) threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to
thecommission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) 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 mannerunder the provisions of any applicable law, rule, regulation or
guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in
part) the services of Our internet service provider ("ISPs") or other
suppliers;
2. You shall not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Website or any Content, or
in any way reproduce or circumvent the navigational structure or presentation
of the Website or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature
of the Website, or any other systems or networks connected to the Website or to
any server, computer, network, or to any of the services offered on or through
the Website, by hacking, password "mining" or any other illegitimate
means.
4. You shall not probe, scan or test the vulnerability of the Website or any
network connected to the Website nor breach the security or authentication
measures on the Website or any network connected to the Website. You may not
reverse look-up, trace or seek to trace any information on any other User of or
visitor to Website, or any other customer, including any account on the Website
not owned by You, to its source, or exploit the Website or any service or
information made available or offered by or through the Website, in any way
where the purpose is to reveal any information, including but not limited to
personal identification or information, other than Your own information, as
provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or
comment(s) about Us or the brand name or domain name used by Us including the
terms Pataaka Studio, Pataakastudio.com, www.Pataakastudio.com or otherwise
engage in any conduct or action that might tarnish the image or reputation, of
Pataaka or otherwise tarnish or dilute any Pataaka's trade or service marks,
trade name and/or goodwill associated with such trade or service marks, trade
name as may be owned or used by us. You agree that You will not take any action
that imposes an unreasonable or disproportionately large load on the
infrastructure of the Website or Pataaka's systems or networks, or any systems
or networks connected to Pataaka.
6. You agree not to use any device, software or routine to interfere or attempt
to interfere with the proper working of the Website or any transaction being
conducted on the Website, or with any other person's use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal You send to Us on or through
the Website or any service offered on or through the Website. You may not
pretend that You are, or that You represent, someone else, or impersonate any
other individual or entity.
8. You may not use the Website or any content for any purpose that is unlawful
or prohibited by these Terms of Use, or to solicit the performance of any
illegal activity or other activity which infringes the rights of Pataaka and /
or others.
9. You shall at all times ensure full compliance with the applicable provisions
of the Information Technology Act, 2000 and rules thereunder as applicable and
as amended from time to time and also all applicable Domestic laws, rules and
regulations (including the provisions of any applicable Exchange Control Laws
or Regulations in Force) and International Laws, Foreign Exchange Laws,
Statutes, Ordinances and Regulations (including, but not limited to Sales
Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of Our service and Your listing, purchase,
solicitation of offers to purchase, and sale of products or services. You shall
not engage in any transaction in an item or service, which is prohibited by the
provisions of any applicable law including exchange control laws or regulations
for the time being in force.
10. Solely to enable Us to use the information You supply Us with, so that we
are not violating any rights You might have in Your information, You agree to
grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights You have in Your Information, in
any media now known or not currently known, with respect to Your Information.
We will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Website.
12. You shall not engage in advertising to, or solicitation of, other Users of
the Website to buy or sell any products or services, including, but not limited
to, products or services related to that being displayed on the Website or
related to us. You may not transmit any chain letters or unsolicited commercial
or junk email to other Users via the Website. It shall be a violation of these
Terms of Use to use any information obtained from the Website in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than Us without Our prior explicit
consent. In order to protect Our Users from such advertising or solicitation,
We reserve the right to restrict the number of messages or emails which a user
may send to other Users in any 24-hour period which We deems appropriate in its
sole discretion. You understand that We have the right at all times to disclose
any information (including the identity of the persons providing information or
materials on the Website) as necessary to satisfy any law, regulation or valid
governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court order or
subpoena. In addition, We can (and You hereby expressly authorize Us to)
disclose any information about You to law enforcement or other government
officials, as we, in Our sole discretion, believe necessary or appropriate in
connection with the investigation and/or resolution of possible crimes,
especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on
the Website. Pataaka shall have the right to remove or edit any content that in
its sole discretion violates, or is alleged to violate, any applicable law or
either the spirit or letter of these Terms of Use. Notwithstanding this right,
YOU REMAINSOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE
WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content
posted does not necessarily reflect Pataaka views. In no event shall Pataaka
assume or have any responsibility or liability for any Content posted or for
any claims, damages or losses resulting from use of Content and/or appearance
of Content on the Website. You hereby represent and warrant that You have all
necessary rights in and to all Content which You provide and all information it
contains and that such Content shall not infringe any proprietary or other
rights of third parties or contain any libellous, tortious, or otherwise
unlawful information.
14. It is possible that other users (including unauthorized users or
"hackers") may post or transmit offensive or obscene materials on the
Website and that You may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal information about
You due to your use of the Website, and that the recipient may use such
information to harass or injure You. We does not approve of such unauthorized
uses, but by using the Website You acknowledge and agree that We are not
responsible for the use of any personal information that You publicly disclose
or share with others on the Website. Please carefully select the type of
information that You publicly disclose or share with others on the
Website.
15. Pataaka shall have all the rights to take necessary action and claim
damages that may occur due to your involvement/participation in any way on your
own or through group/s of people, intentionally or unintentionally in DoS/DDoS
(Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork (collectively,
"Content"), are the sole property of Pataaka. Except as expressly
provided in these Terms of Use, no part of the Website and no Content may be
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including
"mirroring") to any other computer, server, Website or other medium
for publication or distribution or for any commercial enterprise, without
Pataaka's express prior written consent.
You may use information on the products and services purposely made available
on the Website for downloading, provided that You (1) do not remove any
proprietary notice language in all copies of such documents, (2) use such
information only for your personal, non-commercial informational purpose and do
not copy or post such information on any networked computer or broadcast it in
any media, (3) make no modifications to any such information, and (4) do not
make any additional representations or warranties relating to such
documents.
You shall be responsible for any notes, messages, emails, billboard postings,
photos, drawings, profiles, opinions, ideas, images, videos, audio files or
other materials or information posted or transmitted to the Website
(collectively, "Content"). Such Content will become Our property and
You grant Us the worldwide, perpetual and transferable rights in such Content.
We shall be entitled to, consistent with Our Privacy Policy as adopted in
accordance with applicable law, use the Content or any of its elements for any
type of use forever, including but not limited to promotional and advertising
purposes and in any media whether now known or hereafter devised, including the
creation of derivative works that may include the Content You provide. You
agree that any Content You post may be used by us, consistent with Our Privacy
Policy and Rules of Conduct on Site as mentioned herein, and You are not
entitled to any payment or other compensation for such use.
Privacy
We view protection of Your privacy as a very important principle. We understand
clearly that You and Your Personal Information is one of Our most important
assets. We store and process Your Information including any sensitive financial
information collected (as defined under the Information Technology Act, 2000),
if any, on computers that may be protected by physical as well as reasonable technological
security measures and procedures in accordance with Information Technology Act
2000 and Rules there under. Our current Privacy Policy is available at Privacy.
If You object to Your Information being transferred or used in this way please
do not use Website.
We may share personal information with our other corporate entities and
affiliates. These entities and affiliates may market to you as a result of such
sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be
required for us to provide you access to our Services, to comply with our legal
obligations, to enforce our User Agreement, to facilitate our marketing and
advertising activities, or to prevent, detect, mitigate, and investigate
fraudulent or illegal activities related to our Services. We do not disclose
your personal information to third parties for their marketing and advertising
purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good
faith belief that such disclosure is reasonably necessary to respond to
subpoenas, court orders, or other legal process. We may disclose personal
information to law enforcement offices, third party rights owners, or others in
the good faith belief that such disclosure is reasonably necessary to: enforce
our Terms or Privacy Policy; respond to claims that an advertisement, posting
or other content violates the rights of a third party; or protect the rights,
property or personal safety of our users or the general public.
We and our affiliates will share / sell some or all of your personal
information with another business entity should we (or our assets) plan to
merge with, or be acquired by that business entity, or re-organization, amalgamation,
restructuring of business. Should such a transaction occur that other business
entity (or the new combined entity) will be required to follow this privacy
policy with respect to your personal information.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to
software) and services, included on or otherwise made available to You through
this site are provided on "as is" and "as available" basis
without any representation or warranties, express or implied except otherwise
specified in writing. Without prejudice to the forgoing paragraph, Pataaka does
not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or
non-misleading.
Pataaka will not be liable to You in any way or in relation to the Contents of,
or use of, or otherwise in connection with, the Website. Pataaka does not
warrant that this site; information, Content, materials, product (including
software) or services included on or otherwise made available to You through
the Website; their servers; or electronic communication sent from Us are free
of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on Website are governed by different state laws and if
Pataaka is unable to deliver such Products due to implications of different
state laws, Pataaka will return or will give credit for the amount (if any) received
in advance by Pataaka from the sale of such Product that could not be delivered
to You.
You will be required to enter a valid phone number while placing an order on
the Website. By registering Your phone number with us, You consent to be
contacted by Us via phone calls and/or SMS notifications, in case of any order
or shipment or delivery related updates. We will not use your personal
information to initiate any promotional phone calls or SMS, unless you are a
member of our loyalty program.
Services
Payment
While availing any of the payment method/s available on the Website, we will
not be responsible or assume any liability, whatsoever in respect of any loss
or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between
"Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India. Website will
not facilitate transaction with respect to any other form of currency with
respect to the purchases made on Website.
Before shipping / delivering your order to you, Pataaka may request you to
provide supporting documents (including but not limited to Govt. issued ID and
address proof) to establish the ownership of the payment instrument used by you
for your purchase. This is done in the interest of providing a safe online
shopping environment to Our Users.
Further:
2. You have specifically authorized Pataaka or its service providers to
collect, process, facilitate and remit payments and / or the Transaction Price
electronically or through Cash on Delivery to and from other Users in respect
of transactions through Payment Facility.
3. You understand, accept and agree that the payment facility provided by
Pataaka is neither a banking nor financial service but is merely a facilitator
providing an electronic, automated online electronic payment, receiving payment
through Cash On Delivery, collection and remittance facility for the
Transactions on the Pataaka Website using the existing authorized banking
infrastructure and Credit Card payment gateway networks. Further, by providing
Payment Facility, Pataaka is neither acting as trustees nor acting in a
fiduciary capacity with respect to the Transaction or the Transaction
Price.
Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are
entering into a legally binding and enforceable contract with Pataaka to
purchase the products and /or services from Pataaka using the Payment Facility,
and You shall pay the Transaction Price through Your Issuing Bank to Pataaka
using Payment Facility.
• You, as a Buyer, may agree with Pataaka through electronic communication and
electronic records and using the automated features as may be provided by
Payment Facility on any extension / increase in the Dispatch and/or Delivery
time and the Transaction shall stand amended to such extent. Any such extension
/ increase of Dispatch / Delivery time or subsequent novation / variation of
the Transaction should be in compliance with Payment Facility Rules and
Policies.
• You, as a Buyer, shall electronically notify Payment Facility using the
appropriate Pataaka Website features immediately upon Delivery or non Delivery
within the time period as provided in Policies. Non notification by You of
Delivery or non Delivery within the time period specified in the Policies shall
be construed as a deemed Delivery in respect of that Transaction. In case of
Cash On Delivery transactions, Buyer is not required to confirm the receipt of
products or services.
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price
(as Your sole and exclusive remedy) in case You do not receive the Delivery
within the time period agreed in the Transaction or within the time period as
provided in the Policies, whichever is earlier. In case you do not raise a
refund claim using Website features within the stipulated time than this would
make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in
full or in part for certain category of products and/or services and/or
Transactions as mentioned in the Policies and hence You may not be entitled to
a refund in respect of the Transactions for those products and /or
services
• Except for Cash On Delivery transaction, refund, if any, shall be made at the
same Issuing Bank from where Transaction Price was received.
• For Cash On Delivery transactions, refunds, if any, will be made via demand
draft in favour of the Buyer (As per registration details provided by the
Buyer)
• Refund shall be made in Indian Rupees only and shall be equivalent to the
Transaction Price received in Indian Rupees.
• For electronics payments, refund shall be made through payment facility using
NEFT / RTGS or any other online banking / electronic funds transfer system
approved by Reserve Bank India (RBI).
• Refund shall be conditional and shall be with recourse available to Pataaka
in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
4. Pataaka reserves the right to impose limits on the number of Transactions or
Transaction Price which Pataaka may receive from on an individual Valid
Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or
any other financial instrument directly or indirectly through payment aggregator
or through any such facility authorized by Reserve Bank of India to provide
enabling support facility for collection and remittance of payment or by an
individual Buyer during any time period, and reserves the right to refuse to
process Transactions exceeding such limit.
5. Pataaka reserves the right to refuse to process Transactions by Buyers with
a prior history of questionable charges including without limitation breach of
any agreements by Buyer with Pataaka or breach/violation of any law or any
charges imposed by Issuing Bank or breach of any policy.
6. Pataaka may do such checks as it deems fit before approving the receipt
of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction
Price from the Buyer for security or other reasons at the discretion of
Pataaka. As a result of such check if Pataaka is not satisfied with the
creditability of the Buyer or genuineness of the Transaction / Transaction
Price, it will have the right to reject the receipt of / Buyers commitment to
pay Transaction Price.
7. Pataaka may delay notifying the payment confirmation, if Pataaka deems
suspicious or for Buyers conducting high transaction volumes to ensure safety
of the Transaction and Transaction Price. In addition, Pataaka may hold
Transaction Price and Pataaka may not Dispatch or remit Transaction Price to
law enforcement officials (instead of refunding the same to Buyer) at the
request of law enforcement officials or in the event the Buyer is engaged in
any form of illegal activity.
8. The Buyer acknowledges that Pataaka will not be liable for any damages,
interests or claims etc. resulting from not processing a
Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of Pataaka.
Compliance with Laws:
9. Buyer shall comply with all the applicable laws (including without
limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under and the Exchange Control Manual as may be
issued by Reserve Bank of India from time to time, Customs Act, Information and
Technology Act, 2000 as amended by the Information Technology (Amendment) Act
2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder,
Foreign Contribution Regulation Act, 1976 and the rules made there under,
Income Tax Act, 1961 and the rules made there under, Export Import Policy of
government of India) applicable to them respectively for using Payment Facility
and Pataaka Website.
Buyer's arrangement with Issuing Bank:
10. All Valid Credit / Debit/ Cash Card/ and other payment instruments are
processed using a Credit Card payment gateway or appropriate payment system
infrastructure and the same will also be governed by the terms and conditions
agreed to between the Buyer and the respective Issuing Bank and payment
instrument issuing company.
11. All Online Bank Transfers from Valid Bank Accounts are processed using the
gateway provided by the respective Issuing Bank which support Payment Facility
to provide these services to the Users. All such Online Bank Transfers on
Payment Facility are also governed by the terms and conditions agreed to
between Buyer and the respective Issuing Bank.
14 Day Replacement Guarantee*
The 14 Day Replacement Guarantee seeks to assist Buyers who have been unhappy
with their purchase on the Website. If at the time of delivery and/or within 14
days from the date of delivery of the product/s, if any defect is found, then
the buyer of the product/s can ask for replacement of the product/s from
Pataaka subject to the following terms and conditions:
1. Notify Pataaka of any defects in the product/s at the time of delivery of
the product/s and/or within 14 days from the date of delivery and the same
product/s will be replaced in return of the defective product/s. 2. Replacement
can be for the entire product/s or part/s of the product subject to
availability of the same with Pataaka.
Following products shall not be eligible for return or replacement:
• Damages due to misuse of product;
• Incidental damage due to malfunctioning of product;
• Any consumable item which has been used/installed;
• Products with tampered or missing serial/UPC numbers;
• Digital products/services • Any damage/defect which are not covered under the
manufacturer's warranty
• Any product that is returned without all original packaging and accessories,
including the box, manufacturer's packaging if any, and all other items
originally included with the product/s delivered;
• Any product which is 'made to order' on customer's request
If Pataaka has suspicion or knowledge, that any of its buyers are involved in
any activity that is intended to provide claims or information that is false,
misleading or not genuine, then Pataaka may while reserving its rights to
initiate civil and/or criminal proceedings against member may also at its sole
discretion suspend, block, restrict, cancel the Display Name of such buyer and
/or disqualify that user and any related users from availing protection through
this program.
Pataaka reserves its right to initiate civil and/or criminal proceedings
against a user who, files a invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, Pataaka may at its sole discretion suspend, block, restrict, cancel
the Display Name [and its related Display Names] of such user and/or disqualify
that user and any related users from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files
a Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
Indemnity
You shall indemnify and hold harmless Pataaka, its owner, licensee, affiliates,
subsidiaries, group companies (as applicable) and their respective officers,
directors, agents, and employees, from any claim or demand, or actions
including reasonable attorneys' fees, made by any third party or penalty imposed
due to or arising out of Your breach of this Terms of Use, privacy Policy and
other Policies, or Your violation of any law, rules or regulations or the
rights (including infringement of intellectual property rights) of a third
party.
Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance
with the laws of India. The place of jurisdiction shall be exclusively in
Bangalore.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for
the purpose of sale in India. Pataaka make no representation that materials in
theWebsite are appropriate or available for use in other locations/Countries
other than India. Those who choose to access this site from other locations/Countriesother
than India do so on their own initiative and Pataaka is not responsible for
supply of products/refund for the products ordered from other
locations/Countriesother than India, compliance with local laws, if and to the
extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Pataaka and products are sold by
Pataaka. All material on this site, including images, illustrations, audio
clips, and video clips, are protected by copyrights, trademarks, and other
intellectual property rights. Material on Website is solely for Your personal,
non-commercial use. You must not copy, reproduce, republish, upload, post,
transmit or distribute such material in any way, including by email or other electronic
means and whether directly or indirectly and You must not assist any other
person to do so. Without the prior written consent of the owner, modification
of the materials, use of the materials on any other website or networked
computer environment or use of the materials for any purpose other than
personal, non-commercial use is a violation of the copyrights, trademarks and
other proprietary rights, and is prohibited. Any use for which You receive any
remuneration, whether in money or otherwise, is a commercial use for the
purposes of this clause.
Trademark complaint
Pataaka respects the intellectual property of others. In case You feel that
Your Trademark has been infringed, You can write to Pataaka at
info@Pataakastudio.com
Product Description
Pataaka does not warrant that Product description or other content of this
Website is accurate, complete, reliable, current, or error-free and assumes no
liability in this regard.
Limitation of Liability
IN NO EVENT SHALL PATAAKA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN
IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us for any questions or comments (including all inquiries
unrelated to copyright infringement) regarding this Website.
Grievance officer
In accordance with Information Technology Act 2000 and rules made there under,
the name and contact details of the Grievance Officer are provided below:
Mr. Ashok Aggarwal
PataakaStudio
A-5, Deep Apartments,
Chedda Nagar, Chembur
Mumbai - 400089
Phone: +91 -
9870041239
Email: info@pataakastudio.com
Time: Mon - Sat (10:00 - 18:00)
POLICIES
Profanity Policy
Pataaka prohibits the use of language that is racist, hateful, sexual or
obscene in nature in a public area. This policy extends to all areas of the
site that another User may view.
If a feedback comment; or any communication made between Users on the Website;
or email communication between Users in relation to transactions conducted on
Website contain profanity, please review Our feedback removal policy and submit
a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's
account, temporary suspension, or a formal warning.
Pataaka will consider the circumstances of an alleged policy violation and the
user's trading records before taking action.
Violations of this policy may result in a range of actions, including:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.
Replacement Guarantee*
The Replacement Guarantee seeks to assist Buyers who have been unhappy with
their purchase on the Website. If at the time of delivery and/or within
specified days from the date of delivery of the product/s, if any defect is
found, then the buyer of the product/s can ask for replacement of the product/s
from Pataaka.
If Pataaka has suspicion or knowledge, that any of its buyers are involved in
any activity that is intended to provide claims or information that is false,
misleading or not genuine, then Pataaka may while reserving its rights to
initiate civil and/or criminal proceedings against User may also at its sole
discretion suspend, block, restrict, cancel the Display Name of such buyer and
/or disqualify that User and any related Users from availing protection through
this program.
Pataaka reserves its right to initiate civil and/or criminal proceedings
against a User who, files a invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, Pataaka may at its sole discretion suspend, block, restrict, cancel
the Display Name [and its related Display Names] of such User and/or disqualify
that User and any related Users from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files
a Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
Returns Policy
Definition: 'Return' is defined as the action of giving back the item purchased
by the Buyer to Pataaka on the Pataaka website. Following situations may arise:
1. Item was defective
2. Item was damaged during the Shipping
3. Products was / were missing
4. Wrong item was sent by Pataaka.
Return could also result in refund of money in most of the cases.
Points to be noted:
1. Pataaka can always accept the return irrespective of the policy. We
encourage the Buyer to review the listing before making the purchase decision.
In case Buyer orders a wrong item, Buyer shall not be entitled to any
return/refund. Buyer needs to raise the refund request within 48hours from the
date of payment realization. Once Buyer has raised a return request by
contacting Us, Pataaka can choose one of the following options:
1. Replace after shipment collection - Pataaka has agreed to wait for the
logistics team to collect the shipment from the buyer before replacing it)
2. Refund after shipment collection - Pataaka has agreed to wait for the
logistics team to collect the shipment from the buyer before refunding)
In the event Pataaka
accepts the return request raised by the Buyer, Buyer will have to return the
product and then the refund shall be credited to the Buyer in the manner the
payment was made.
Shipping cost for returning the product shall be borne and incurred by the
Buyer.
Replacement
Definition: Replacement is the action or process of replacing something in
place of another. A Buyer can request for replacement whenever he is not happy
with the item, reason being Damaged in shipping, Defective item, Item(s)
missing, wrong item shipped and the like.
Points to be noted:
1. Pataaka can always accept the return irrespective of the policy.
The Buyer needs to raise the replacement request within 48 hours from the date
of delivery of products. Once Buyer has raised a replacement request by
contacting Us, the following steps shall be followed:
1. Buyer is asked for "Reason for Return". Among others, the
following are the leading reasons:
* Shipping was damaged
* Item was defective
* Item(s) were missing
* Wrong item sent
3. In case Pataaka accepts the replacement request, Buyer shall be required to
return the product to Pataaka and only after return of the product, Pataaka
shall be obliged to provide the replacement product to the Buyer.
In case Pataaka doesn't have the product at all, Pataaka can provide the refund
to the Buyer and Buyer shall be obligated to accept the refund in lieu of
replacement. All the product parameters shall be required to be complied with
in cases of replacement.
All shipping and other replacement charges shall be borne and incurred by the
Buyer.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following
situations may arise:
1. Item not received CB - Buyer hasn't received the item. Refund will be
created in accordance with the dispute policies
2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will
be created in accordance with the dispute policies.
Issuing the correct and complete invoice is the sole and primary responsibility
of Pataaka.
3. Item not as described - meaning item is not what Buyer expected. Dispute will
be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by
Pataaka. Pataaka encourages its Users to be professional, courteous and
respectful when communicating by email.
However, Pataaka will investigate and can take action on certain types of
unwanted emails that violate Pataaka policies.
Such instances:
Threats of Bodily Harm - Pataaka does not permit Users to send explicit threats
of bodily harm.
Misuse of Pataaka System - Pataaka allows Users to facilitate transactions
through the Pataaka system, but will investigate any misuse of this service.
Spoof (Fake) email - Pataaka will never ask you to provide sensitive
information through email. In case you receive any spoof (fake) email, you are
requested to report the same to Us through 'Contact Us' tab.
Spam (Unsolicited Commercial email) - Pataaka's spam policy applies only to
unsolicited commercial messages sent by Pataaka Users. Pataaka Users are not allowed
to send spam messages to other Users.
Offers to Buy or Sell Outside of Pataaka - Pataaka prohibits email offers to
buy or sell listed products outside of the Pataaka Website. Offers of this
nature are a potential fraud risk for Buyers.
Pataaka policy prohibits user-to-user threats of physical harm via any method
including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
* Limits on account privileges
* Account suspension
* Cancellation of listings
* Loss of special status
Other Businesses
Pataaka does not take responsibility or liability for the actions, products,
content and services on the Website, which are linked to Affiliates and / or
third party websites using Website's APIs or otherwise. In addition, the
Website may provide links to the third party websites of Our affiliated
companies and certain other businesses for which, Pataaka assumes no
responsibility for examining or evaluating the products and services offered by
them. Pataaka do not warrant the offerings of, any of these businesses or
individuals or the content of such third party website(s). Pataaka does not
endorse, in any way, any third party website(s) or content thereof.