Terms of Use
Welcome to Pataaree.com. If you visit or shop at pataaree.com or our Instagram store titled Pataaree, you accept these Terms of Use. Please read them carefully. PLEASE DO NOT USE OR ACCESS THE WEBSITE UNLESS YOU AGREE TO THESE TERMS OF USE.
These Terms of Use are an electronic record in terms of the Information Technology Act, 2000, the rules thereunder as applicable and any amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures for verification.
The Terms of Use are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or use of www.pataaree.com.
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.
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. Please review these Terms of Use periodically for updates / changes. Your use of the Website following the posting of changes means that You have read and accepted such revisions.
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.
We view protection of Your privacy as a very important standard. We understand clearly that You and Your personal and health-related information is one of Our most important assets. Please note that the Company stores and processes Your information including any sensitive personal and health-related 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. Please refer to Our Privacy Policy for better understanding of the detailed provisions that apply to You during Your use of the Website, which are hereby incorporated by reference.
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
Cancellation
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.
Refund
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.
Exchange
Pataaree does not exchange any products, whatsoever, under any condition.
Damaged Goods
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.
Custom Duty
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.
Without prejudice to anything contained in these Terms of Use, the Company reserves the right to modify or discontinue, temporarily or permanently, the site or your access to the site (or any part thereof) with or without notice at any time. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site. You agree that the Company, in its sole discretion, may terminate your password, or account, and remove and discard any content within the site, for any reason, including without limitation lack of use or violation of the letter or spirit of these Terms of Use.
You agree to release, indemnify and hold the Company and its representatives, officers, employees, directors, consultants and other agents harmless from any and all kinds of losses, damages, expenses, claims, rights and actions arising out of or in any way connected with either Your access to or use of the Website, materials contained therein, applications, products and services offered by it or any third party claims relating to Your breach of these Terms of Use or violation of any rights of a third party.
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
By visiting Pataaree.com, you agree that the laws of India, under the jurisdiction of the civil courts at Chandigarh, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and pataaree.com or its affiliates and representatives.
AGREEMENT FOR BINDING ARBITRATION
Generally, transactions are conducted smoothly on www.Pataaree.com. However, if any dispute arises between You and the Company during Your use of the Website or in connection with the validity, interpretation, implementation or in case of alleged breach of any provision of the Terms of Use, then such dispute shall be submitted to confidential arbitration in Chandigarh, India, except in the case that a violation or threat to violate against Pataaree.com's intellectual property rights has been found.
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.
GENERAL TERMS
These Terms of Use constitute the entire agreement between you and the Company, and governs your use of the Website; and supersedes any prior version of these Terms of Use between you and the Company with respect to the Website.
Should the Company choose not to exercise or enforce any of its right or provision provided under these Terms of Use; such an omission, whether deliberate or otherwise shall not constitute a waiver or relinquishment to any extent of the Company’s right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.
If any provision(s) of these Terms of Use is found by the arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue to remain in full force and effect, and such provision may be modified or severed from these Terms of Use to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms of Use.
You may not assign or otherwise transfer any of your or our obligations under the Terms of Use without prior written approval of the Company or its authorized representative. Any purported assignment in violation of these Terms of Use shall be void ab initio. Further, the Company reserves the right to use third party providers in the provision of the Website and related products or services or other Materials associated therewith. FURTHERMORE, ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE COMPANY.
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.
Should you have any queries or concerns about these Terms of Use or any provision thereof, please contact us on < >.
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:
Name: Rekha Thakur
Email Id: rekha.thakur@pataaree.com
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.
TERMS OF USE UNDER THE IT ACT
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 agree, undertake, and confirm that Your use of the Website, whether while posting user content or otherwise accessing the Website in any way shall be strictly governed by the following binding principles, along with the Terms and Conditions which these Terms of Use Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 are a part of.
- 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;
