In this document, the words "you", "your", “user” and “visitor” refer to each customer, Website visitor, or Application user. The words "we", "us", "our" and “Pataaree” refer to Pataaree Studios Pvt. Ltd.
SPECIFIC TERMS OF BUSINESS
The domain www.Pataaree.com (from hereon referred to as “site” or “Website”) is owned and operated by Pataaree Studios Pvt. Ltd., a company incorporated under the Companies Act, 2013, having its registered office at Plot No. 300, Industrial Area, Phase I, Chandigarh, India (from hereon referred to as the “Company”).
You understand that the term “use” is to be construed very broadly herein, including, but not limited to browsing, searching, viewing search results, clicking on the Website’s links to browse through the list of resultant options or signing up, clicking on the Website’s links to browse through any information, registering on the Website by creating a username and password (login/signup), uploading content, reviewing a service, commenting on the Blog or Community Forum, making a purchase, providing feedback, viewing and contributing to the various posts published on the Website-run Community Forum, signing up for a subscription or casually browsing through the Website at any time. This will under all circumstances constitute “use” of the Website.
You understand that all right, title and interest in and to the materials and content provided on this Website, including but not limited to information, audio-visual content, photographs, documents, community forum, logos, graphics, flow-charts, sounds, images and videos, (collectively referred to as “Materials” from hereon) are either owned by the Company or other third parties who have posted such content. Except as otherwise expressly provided by the Company or applicable third party provider, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the Website shall be construed to confer any license under any of the Company's intellectual property rights, whether by estoppel, implication, or otherwise. Pataaree does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided. Any rights not expressly granted herein are reserved by Pataaree.
If You are a minor i.e. under the age of 18 years, You shall not register Yourself as a user on the Website and shall not transact on or use the Website. The Company reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is discovered that You are under the age of 18 years.
The Company strives to keep all information and content displayed on the Website accurate, current and up-to-date. However, the Company cannot guarantee that all of the information on the Website is complete and current.
Without prejudice to anything said above, even though the Company strives to keep the Website up to date at all times, we disclaim all guarantees and warranties in respect of the accuracy of the information displayed upon the Website.
You agree and understand that in order to gain access to certain parts of the Website, You may be asked to provide a valid e-mail address, communication address and a mobile number where the Company and its authorised representatives can contact You directly. When You sign up for an account on the Website, You agree to provide Your genuine/valid e-mail address, communication address, and Your mobile number. In case You provide an invalid e-mail address/mobile number (due to oversight or other reason) by way of which You suffer any loss in any manner, You agree to hold harmless the Company for any such occurrences or related consequences thereof.
By registering Your e-mail address, communication address and mobile number on the Website, You also consent to be contacted by us via email, phone calls and/or SMS notifications.
You further agree and understand that when you send emails to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
It is illegal to submit offensive, defamatory and otherwise derogatory material for publishing on the Website and this can lead to criminal legal action and/or other modes of penalty such as removal of offensive materials, suspension or termination of user account etc, being imposed against the user from whom such material originates. In this regard, the Company may send you warning letter(s) or legal notice via registered post, or through email, which shall be interpreted as authorized communication.
The Blog section of the Website is a free peer-community forum. The Company disclaims any and all liability for any comments, postings, or other material provided by users of the Website or the Blog. The Company makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of the Blog or the Website. Furthermore, by using the Blog, You explicitly agree to disclaim and hold harmless the Company from any and all liability which may arise from Your use of the Blog.
For promotional purpose, the Company uses various marketing tools, including social media marketing and other viable fora. Please note and understand that these sections of the Website or third-party links displayed on the Website for promotional purpose are free peer-community forums. The Company disclaims any and all liability for any comments, postings, or other material provided by users of the Website or the users of other social media links. The Company makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of the third party links or the Website. Furthermore, by using the Website and such other links as forming part of social media and promotions, You explicitly agree to disclaim and hold harmless the Company from any and all liability which may arise from Your use of Website and other such promotional links.
In case you suffer any loss, injury, or damage, including mental, physical or emotional hurt arising due to your access to or viewing or searching or purchasing items from the Wesbite, whether directly or indirectly, the Company hereby limits its liability to the fullest extent and you agree to not hold the Company or its representatives liable for such damages, whether direct or consequential.
In no event shall the Company, its officers, directors, employees, or agents be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use the Website or materials available from the Website, even if the Company has been previously advised of the possibility of such damage.
CANCELLATION, REFUND, AND EXCHANGE POLICY
You have the right to cancel an order within 48 hours of placing such order for which you shall receive a 100 per cent refund of the order amount or the advance amount you have paid us, which is lower. Since every product is bespoke and caters to a specific client demand, therefore, no cancellation requests shall be entertained beyond 48 hours.
Each product is handmade at the Pataaree Studio and is customised according to individual requests. For this reason, generally, we offer no refunds.
We entertain no refunds in case the colour tones of the actual product vary with the colours captured in photographs as lighting, finishing, and 2D Imaging is prone to slight variation in colours. You are advised to keep in mind minor colour variations beforehand.
Pataaree does not exchange any products, whatsoever, under any condition.
As a policy, we relay photographs and videos of finished product(s) to you and then ship them immediately with utmost care. Therefore, in case the product gets damaged during shipping, Pataaree shall bear no responsibility for it.
In case you receive a damaged product or the product gets lost during transit, please raise it with us within 24 hours of receiving the damaged product or information of loss, so that we can immediately raise it with the shipping company.
We always send you photographs and videos of each product before we ship. We ensure that products containing LED lights are in working condition as is captured in the photographs and videos sent to you, therefore, we bear no responsibility in case the LED lights do not function upon receipt.
Different territories may impose custom duty upon products as per the applicable laws of such jurisdiction. Pataaree does not bear any responsibility, of any manner, to pay any custom, excise, or any other duty or suchlike fee or charges and it is your responsibility to keep yourself updated and pay the custom charges to receive the product at your end. No returns or refunds shall be entertained due to levy of custom duty.
In case there is an issue or dispute relating to custom duty, we recommend that you reach take it up with the shipping company as they are the point of contact for such issues.
Notwithstanding, if there is liability found on the part of the Company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
INDEMNITIES, GUARANTEES, LIMITATION OF LIABILITY
The Website, all materials made available through it as well as the products and services as well as the price offered for those services are provided to You on an “as is” and “as available” basis without any representations, warranties and guarantees attached to them regarding their availability, accurateness, timeliness or completeness. To the fullest extent possible, the Company disclaims all responsibility, liability, warranties of any kind and, whether express or implied, including, but not limited to, the accuracy of information and services made available according to Your particular needs, the denial of any products / services ordered by You using the Website, for any reason stated or not stated by the Company or its authorised representatives, employees, directors and other officials.
The Company makes no warranty that: (a) the Website, materials contained therein, applications, products and services offered by it will meet Your requirements; (b) the Website, materials contained therein, applications, products and services offered by it will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the Website, materials contained therein, applications, products and services offered by it, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by You through the Website, applications, or in reliance on the materials will meet Your expectations.
Obtaining any materials through the use of the Website or applications is done at Your own discretion and at Your own risk. The Company shall have no responsibility for any damage to Your computer system or loss of data that results from the download of any content, materials, information or software through the Website.
All the content, information, and products / services displayed upon the Website, and promotional / advertisement related third-party links displayed on the Website, are trademarks/ servicemarks/ copyright etc. owned by the Company and respective third parties. Further, the listing of promotional/ advertisement related third-party links appearing on the Website does not certify any connection between the owner of these promotional links and the Company. You are, therefore, required to obey the intellectual property rights of the Company and other relevant third party while using the Website. You agree to abide by all laws regarding use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by Your use of the Website.
Furthermore, all the content displayed on every web page of the Website are the intellectual property of the Company including, but not limited to, illustrations, images, logos, graphics, algorithms, information, audio and visual content, downloadable material such as forms, questionnaires, surveys, etc. and are protected by the relevant intellectual property laws. You agree to obey the law and respect the intellectual property of the Company while accessing, downloading and otherwise availing the services made available to You through the Website.
You agree not to 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.
You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create any derivative works based on the service or the content You access on the Website, in whole or in part.
GOVERNING LAW & JURISDICTION
AGREEMENT FOR BINDING ARBITRATION
In such a case, the Company shall have the right to seek injunctive or other appropriate relief in any court in India or internationally as the case may arise, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration shall be conducted as per the law prescribed in the Indian Arbitration and Conciliation Act, 2015. A sole arbitrator shall be chosen by the Company who shall decide the matter and his award shall be binding. The award may be entered as a judgment in any court of competent jurisdiction.
Except where otherwise specified, the Company may deliver notice(s) to you by means of electronic mail upon the email address provided by You, or by means of a general notice displayed on the Website or any by other reliable method such as registered postal services, etc.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Rekha Thakur
Email Id: firstname.lastname@example.org
Mob No.: +91-7717347798
Operating Hours: 10am to 6pm
- Our Grievance Officer will get back to you within a span of 3 business days of you reporting some issue.
- We shall provide you a complaint no. through which you can used to track the status of your issue.
- We will try our best to resolve your issue within 60 days.
As a part of using the Website, You may be able to put content on the Website including, but not limited to, answering questionnaires, filling forms, uploading textual, audio or visual content, reviewing a service, providing feedback to the Website.
- You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which the user does not have any right;
(ii) is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to child;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;