Terms and Conditions
Terms of service
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.Pataakhaa.com website.
The domain name www.Pataakhaa.com (hereinafter referred to as
“Website”) is owned by Pataakhaa Lifestyle Private Limited a company
incorporated under the Companies Act, 1956 with its registered office at Plot
Number 29, Mansa Nagar, Sirsi Mod, Sirsi Road, Jaipur – 302012 (hereinafter
referred to as “Pataakhaa”).
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 Pataakhaa Lifestyle Private Limited and
these terms and conditions including the policies constitute Your binding
obligations, with Pataakhaa.
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 providing Registration Data
while registering on the Website as Registered User using the computer systems.
Pataakhaa allows the User to surf the Website or making purchases without
registering on the Website. The term “We”, “Us”,
“Our” shall mean Pataakhaa Lifestyle 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 THESE TERMS 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 Pataakhaa 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 Pataakhaa 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. Pataakhaa
reserves the right to terminate your membership and / or refuse to provide you
with access to the Website if it is brought to Pataakhaa’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. Pataakhaa does not charge any
fee for browsing and buying on the Website. Pataakhaa reserves the right to
change its Fee Policy from time to time. In particular, Pataakhaa 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, Pataakhaa 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 Pataakhaa Lifestyle Private Limited.
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
limitation unauthorized 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 complaint about 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
creating computer 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, Pataakhaa’s prior written consent means
a communication coming from Pataakhaa’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 that would 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 or involve 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 in
nature;
(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
the commission 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 manner under 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 Pataakhaa, Pataakhaa.com, www.Pataakhaa.com or otherwise engage in any
conduct or action that might tarnish the image or reputation, of Pataakhaa or
otherwise tarnish or dilute any Pataakhaa’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 Pataakhaa’s systems or networks, or any systems or networks
connected to Pataakhaa.
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 Pataakhaa 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. Pataakhaa 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 REMAIN SOLELY 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 Pataakhaa views. In no event shall Pataakhaa
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. Pataakhaa 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 Pataakhaa. 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 Pataakhaa’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, Pataakhaa
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.
Pataakhaa 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. Pataakhaa 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 Pataakhaa
is unable to deliver such Products due to implications of different state laws,
Pataakhaa will return or will give credit for the amount (if any) received in
advance by Pataakhaa 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, Pataakhaa 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 Pataakhaa 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 Pataakhaa
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 Pataakhaa Website using the existing authorized banking
infrastructure and Credit Card payment gateway networks. Further, by providing
Payment Facility, Pataakhaa 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 Pataakhaa to
purchase the products and /or services from Pataakhaa using the Payment
Facility, and You shall pay the Transaction Price through Your Issuing Bank to Pataakhaa
using Payment Facility.
• You, as a Buyer, may agree with Pataakhaa 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 Pataakhaa 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 then 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 or online payment 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 electronic 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 Pataakhaa
in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
4. Pataakhaa reserves the right to impose limits on the number of Transactions
or Transaction Price which Pataakhaa 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. Pataakhaa 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 Pataakhaa or breach/violation of any law
or any charges imposed by Issuing Bank or breach of any policy.
6. Pataakhaa may do such checks as it deems fit before approving the receipt of
Buyer’s commitment to pay (for Cash On Delivery transactions) Transaction Price
from the Buyer for security or other reasons at the discretion of Pataakhaa. As
a result of such check if Pataakhaa 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 / Buyer’s commitment to pay Transaction
Price.
7. Pataakhaa may delay notifying the payment confirmation, if Pataakhaa deems
suspicious or for Buyers conducting high transaction volumes to ensure safety
of the Transaction and Transaction Price. In addition, Pataakhaa may hold
Transaction Price and Pataakhaa 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 Pataakhaa 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 Pataakhaa.
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 Pataakhaa 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.
Pataakhaa Money
Pataakhaa Money (“Pataakhaa Money”) is a pre-paid payment instrument
which is associated with your Website account. You can maintain a balance of
money (if permitted), and redeem it at your convenience.
Refill of Pataakhaa Money: Your Pataakhaa Money cannot be refilled
directly, and can only be refilled by the system in case of refunds. There is
no need to maintain a minimum balance.
Refund of Pataakhaa Money Amount: Your Pataakhaa Money will be
non-refundable
Limitation of Liability: In no event will Pataakhaa will be liable for any
money lying to your credit in Pataakhaa Money, any special, incidental,
indirect or consequential damages or losses of any kind, arising from the use
of Pataakhaa Money or association with Pataakhaa Money.
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 Pataakhaa
subject to the following terms and conditions:
1. Notify Pataakhaa 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 on 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 Pataakhaa.
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
On Clothing and Jewellery, we accept 14 day exchange subject to the following
conditions:
Clothes and footwear are not used (other than for trial), altered, washed,
soiled or damaged in any way.
Original tags and packaging should be intact. For items that come in branded
packaging, the box should be undamaged.
‘Made to order’ jewellery, Innerwear, lingerie, socks and clothing freebies are
not covered under the Return and Replacement policy.
Damaged or defective clothing and footwear products are meanwhile covered by
the 14 Day Replacement Guarantee.
If Pataakhaa 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 Pataakhaa 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.
Pataakhaa 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, Pataakhaa 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 Pataakhaa, 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 Jaipur.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for
the purpose of sale in India. Pataakhaa make no representation that materials
in the Website are appropriate or available for use in other
locations/Countries other than India. Those who choose to access this site from
other locations/Countries other than India do so on their own initiative and Pataakhaa
is not responsible for supply of products/refund for the products ordered from
other locations/Countries other 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 Pataakhaa and products are sold by Pataakhaa.
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
Pataakhaa respects the intellectual property of others. In case You feel that
Your Trademark has been infringed, You can write to Pataakhaa at Pataakhaa.care@gmail.com
Product Description
Pataakhaa 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 PATAAKHAA 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:
Mrs. Manisha Burnwal
Pataakhaa Lifestyle Pvt Ltd.
Plot No. 29, Mansa Nagar, Sirsi Road, Sirsi Mod, Jaipur – 302012
Rajasthan, India
Phone: +91 – 79765 – 12500
Email: Pataakhaa.care@gmail.com
Time: Mon – Sat (10:00 – 18:00)
POLICIES
Profanity Policy
Pataakhaa prohibits the use of language that is racist, hateful, sexual or
obscene in nature in a public area. This policy extends to text within
listings, on all other areas of the site that another User may view. If the
profane words are part of a title for the item being sold, we will ‘blur’ out
the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
* Report offensive Display Names
* Report offensive language in a listing or otherwise
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.
Pataakhaa 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.
Returns Policy
Definition: ‘Return’ is defined as the action of giving back the item purchased
by the Buyer to Pataakhaa on the Pataakhaa 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 Pataakhaa.
Return could also result in refund of money in most of the cases.
Points to be noted:
1. 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 14 days from the
date of payment realization. Once Buyer has raised a return request by
contacting Us, Pataakhaa can choose one of the following options:
1. Replace after shipment collection – Pataakhaa has agreed to wait for the
logistics team to collect the shipment from the buyer before replacing it)
2. Refund after shipment collection – Pataakhaa has agreed to wait for the
logistics team to collect the shipment from the buyer before refunding)
3. Refund without shipment collection – Pataakhaa has agreed to refund the
buyer without expecting the original shipment back)
4. Replace without shipment collection – Pataakhaa has agreed to replace the
order without expecting the original shipment back)
5. On certain select days as specified by Pataakhaa (such as EOSS) separate
policies may be applicable.
In the event if Pataakhaa 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 as cash or Pataakhaa Money.
Further, for returns being made by Buyer to Pataakhaa of the product, the
following parameters needs to be ensured by the Buyer:
|
Category |
Condition |
|
Electronics |
Should be included and returned with original packaging |
|
Clothing and Footwear |
Should be “New & Unworn” (other than for |
|
Beauty, Health & Personal Care |
Should be “New & Unopened” |
|
Office Products |
Should be “New” and returned with original |
|
Jewellery |
Should be “New” and returned with original |
If the product being returned is not in accordance with the
above parameters, then Buyer shall not be entitled to any refund of money from Pataakhaa.
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. Pataakhaa can always accept the replacement irrespective of the policy.
Buyer needs to raise the replacement request within 14 days 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 Pataakhaa accepts the replacement request, Buyer shall be required
to return the product to Pataakhaa and only after return of the product, Pataakhaa
shall be obliged to provide the replacement product to the Buyer.
In case Pataakhaa doesn’t have the product at all, Pataakhaa 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 Pataakhaa.
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 Pataakhaa.
Email Abuse & Threat Policy
Private communication, including email correspondence, is
not regulated by Pataakhaa. Pataakhaa encourages its Users to be professional,
courteous and respectful when communicating by email.
However, Pataakhaa will investigate and can take action on certain types of
unwanted emails that violate Pataakhaa policies.
Such instances include:
Threats of Bodily Harm – Pataakhaa does not permit Users to send explicit
threats of bodily harm.
Misuse of Pataakhaa System – Pataakhaa allows Users to facilitate transactions
through the Pataakhaa system, but will investigate any misuse of this service.
Spoof (Fake) email – Pataakhaa 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) – Pataakhaa’s spam policy applies only to
unsolicited commercial messages sent by Pataakhaa Users. Pataakhaa Users are
not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Pataakhaa – Pataakhaa prohibits email offers
to buy or sell listed products outside of the Pataakhaa Website. Offers of this
nature are a potential fraud risk for Buyers.
Pataakhaa 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
Pataakhaa 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, Pataakhaa assumes
no responsibility for examining or evaluating the products and services offered
by them. Pataakhaa do not warrant the offerings of, any of these businesses or
individuals or the content of such third-party website(s). Pataakhaa does not
endorse, in any way, any third-party website(s) or content thereof.