TERMS OF USE

 

Welcome to www.pataracollections.com (hereinafter referred to as the "Website" which expression shall include a successor or replacement website). Patara has developed this Website and is owned by Patara Collections Private Limited a company incorporated under the Companies Act, 2013 with its registered office at #61, Gyan Sagar, 6th Floor, S.K. Bole Road, Dadar West, Mumbai - 400028, India and having CIN [Ÿ] (hereinafter referred to as "Patara").

 

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 the Website.

 

These terms and conditions of use ("Terms of Use") of the Website between Patara and any natural or legal person who has agreed to provide registration data while registering on the Website as registered User ("You" or "Your" or "Yourself" or "User") describe the terms on which Patara offers You access to the Website and the Services (as defined below) through the Website. The term "We", "Us", "Our" shall mean Patara Collections Private Limited.

 

Your use of the Website and the Services and tools are governed by the Terms of Useas applicable to the Website including the Patara 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 Patara Collections Private Limited and these terms and conditions including the policies all of which constitute Your binding obligations, with Patara.

 

When You use any of the Services provided by Us through the Website, 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 these Terms of Use and shall be considered as part and parcel of these 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.

 

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. BY IMPLIEDLY OR EXPRESSLY ACCEPTING THESE TERMS OF USE, YOU ALSO ACCEPT AND AGREE TO BE BOUND BY PATARA POLICIES (INCLUDING BUT NOT LIMITED TO PRIVACY POLICY AVAILABLE ON [Ÿ]) AS AMENDED FROM TIME TO TIME.

 

1. ELIGIBILITY

 

1.1.     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 (eighteen) years, You shall not register as a User of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on the Website, such use or transaction may be made by Your legal guardian or parents on the Website. Patara reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Patara's notice or if it is discovered that You are under the age of 18 (eighteen) years.

 

1.2.     You represent and warrant that You are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India. If You are registering as or on behalf of a business entity, You represent that You are duly authorized by the business entity to accept these Terms of Use and You have the authority to bind that business entity to these Terms of Use.

 

1.3.     Patara reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

 

2. USER ACCOUNT, PASSWORD, AND SECURITY

 

2.1.     Patara makes the Services available to You through the Website only if You have registered and provided Patara certain required User information and created an account (the "Account") through Patara ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID of any social media website as permitted on the Website (collectively, the "Account Information"). The Services may also be subject to these Terms, procedures for use of the Website, uploaded guidelines, rules, additional terms of service, or other disclaimer and notices, if any.

 

2.2.     You shall not have more than 1 (one) active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

 

2.3.     You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Patara of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Patara cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 2.2. You may be held liable for losses incurred by Patara or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential. If You use the Website, You shall be responsible for all activities that occur under Your Account.

 

2.4.     The Website also allows restricted access to the Services for unregistered Users.

 

2.5.     You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited. 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 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.

 

2.6.     Your Account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and Patara, the Website, other registered Users, visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.

 

2.7.     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 hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your Account Information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your Account Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

 

3. EFFECTIVE

 

As a registered User, these Terms of Use and the Patara Policies shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and /or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password including that of facebook, gmail, yahoo or any other valid email ID of a social media website as permitted on the Website or generally using the Website in any manner, with or without using Your Account. If you do not agree or are not willing to be bound by the terms and conditions of these Terms of Use, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website.

 

4. CHARGES

 

Currently, membership on the Website is free for buyers. Patara does not charge any fee for browsing and buying on the Website. However, Patara reserves the right to change its fee policy from time to time. In particular, Patara 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 Patara 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. All fees shall be quoted in Indian Rupees and be payable to the Website within such time as specified in the invoice. You shall be solely responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. Patara reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees. Patara also reserves the right to take legal action in case of non-payment of fees.

 

5. SERVICES

 

The Website is a platform/venue that Users utilize to meet and interact with one another for their transactions and facilitates the online sale and purchase of various products and services (the "Services") offered by Patara's various registered merchants/ vendors/service providers (the “Vendors”) at a competitive price. Patara is not and cannot be a party to or control in any manner any transaction between the Website's Users. The Services are offered to You through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services, sale of products etc. The purchase of the Services on the Website shall be interalia subject to the following:

 

5.1.     The Vendors are the sellers of the Services on the Website and will be solely responsible to the buyer for the products sold through the Website. All commercial/contractual terms are offered by and agreed to between buyers and Vendors alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the Services and after sales services related to the Services. Patara does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and Vendors. You should take all responsibility for Your own actions in utilizing the Services purchased by You and Patara shall not be liable for any such action. Without prejudice to the foregoing, Patara may provide certain transaction support services to the Vendors and buyers as provided in various Patara Policies on the Website.

 

5.2.     You acknowledge that Patara has the right to change or discontinue any Service at any time, without notice. You further acknowledge that Patara may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Patara may make to the Services. You agree that Patara shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.

 

5.3.     Patara does not make any representation or warranty as to specifics or attributes (such as quality, value, worth, salability, marketability etc) of the Services proposed to be sold or offered to be sold or purchased on the Website. Patara does not implicitly or explicitly recommend You to buy or sell any Services on the Website or support or endorse the sale or purchase of any Services on the Website or provides any guarantee, warranty or assurance with respect to any goods or Services made available on the Website. Patara accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

5.4.     Patara does not make any representation or warranty as to the specifics or attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bonafides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.

 

5.5.     The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell the Services. Patara is only providing a platform for communication and it is agreed that the contract for sale of any of the Services shall be a strictly bipartite contract between the Vendor and the buyer. Patara does not at any point of time during any transaction between the buyer and the Vendor on the Website come into or take possession of any of the Services offered by the Vendor nor does it at any point gain title to or have any rights or claims over the Services offered by the Vendor to the buyer. At no time shall Patara hold any right, title or interest over the products nor shall Patara have any obligations or liabilities in respect of such contract entered into between buyers and Vendors.

 

5.6.     Patara is not responsible for unsatisfactory or delayed performance or non-performance of Services or damages or delays as a result of products which are out of stock, unavailable or back ordered or breach of any contract entered into between Users. All items are offered only for a restricted time and only for the available supply. Patara cannot and does not guarantee, warrant, assure or ensure that the Users (whether buyer or Vendors) will perform, undertake, consume or conclude any transaction concluded on the Website in a prudent manner. Patara shall not and is not required to mediate or resolve any dispute or disagreement between Users.

 

5.7.     Patara provides certain independent services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services, payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that Patara will engage independent third party service providers to perform these services. Patara may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that Patara will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Patara and in such an event the total aggregate liability of Patara shall be limited to the extent provided in Section 11.

 

5.8.     Product:

 

5.8.1.       Patara through the Website also makes available a variety of branded products and merchandise at an agreed price to You. Purchase of such products will be subject to these Terms of Use and such other additional terms, if any, as specified by the Vendor.

5.8.2.       Patara offers shipping for all the products on the Website as per the company's policy, which may be changed by Patara without any notice to You.

5.8.3.       All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details.

 

5.9.     Pricing Information:Patara strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, Patara does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You. While Patara strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Patara may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Patara will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Patara cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.

 

5.10.  Credit Card Details:In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Patara expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card. Patara shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Patara with our acquiring bank from time to time.

 

5.11.  Delivery of the Product:Your shipping address, pin code will be verified with the database of Patara before You proceed to pay for Your purchase. In the event Your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request You to provide us with an alternate shipping address which we expect to have on our partner/merchant's delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Patara, in such cases Patara will not be responsible for the non-delivery of the product. Patara doesn't deliver items internationally. However, You can make purchases on the Website from anywhere in the world but at the same time ensuring the shipping address is within India. In case You book multiple order for the Products and Services in a single transaction, Patara would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics' issues. If You purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.

 

5.12.  Return Policy for Products:

 

5.12.1.    In the event You receive a damaged / defective product or a product that does not comply with the specifications as per Your original order, You are required to get in touch with the customer service team through any of the below mentioned channels:

  • call centre between 9:00 am – 7:00 pm at 022 4926 6911 Monday Through Friday.
  • Filling up the 'Contact Us' form;

 

5.12.2.    Upon receiving Your complaint, Patara shall verify the authenticity and the nature of the complaint and if Patara is convinced that the complaint is genuine, Patara will inform the relevant Vendor of such complaint and request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, Patara reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by Patara in this regard. You expressly acknowledge that the Vendor selling the defective product/ service will be solely responsible to You for any claims that You may have in relation to such defective product/ service and Patara shall not in any manner be held liable for the same.

 

5.12.3.    Before accepting shipment of any product, kindly ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered, request You to refuse to accept delivery and inform Patara at the earliest. The return process of the product may be restricted by Patara depending on the nature and category of the product.

 

5.12.4.    In order to return any products sold through the Website, You are required to comply with the below mentioned conditions, viz:

  • Please notify Patara of receipt of a damaged/ defective product/service within 48 (forty eight) hours of delivery to You. If You are unable to do so within 48 (forty eight) hours, Patara shall not be held liable for the failure to replace the order;
  • Products should be unused;
  • Patara will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Patara is unable to do so, Patara will notify You regarding the same and You will be required to dispatch the product using a reputed courier in Your respective area within 1 (one) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Patara;
  • Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
  • It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
  • The returned products are subject to verification and checks by Patara in order to determine the legitimacy of the complaint/ return.

 

5.12.5.    In the event the return of a product is duly accepted by Patara, the value of such product, as originally paid by You during acceptance of delivery of product or otherwise, will be refunded to You. Refund will be processed based on the mode of payment and Patara or the approved payment gateway will credit Your refunds directly into Your debit/credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to Section 5.15 below.

 

5.13.  Cancellation:

 

5.13.1.    Cancellation by Patara: There may be certain orders that Patara is unable to accept and must cancel. Patara reserves the right, at Patara's sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the Service, inaccuracies or errors in pricing information, or problems identified by Patara's credit and fraud avoidance department. Patara may also require additional verifications or information before accepting any order. Patara will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Patara.

 

5.13.2.    Cancellation by the User: In case of requests for order cancellations, Patara reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Patara receives a cancellation notice and the order has not been processed/ approved by Patara, Patara shall cancel the order and refund the entire amount to You within a reasonable period of time. Patara will not be able to cancel orders that have already been processed. Patara has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Patara and accept Patara's decision regarding the cancellation.

 

5.13.3.    Patara reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Patara as per certain criteria. Any Patara Reward Point or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:

  • Products ordered are not for self-consumption but for commercial resale;
  • Multiple orders placed for same product at the same address;
  • Bulk quantity of the same product ordered;
  • Invalid address given in order details; or
  • Any malpractice used to place the order.

 

5.14.  Failure to Sell by the Vendor: Unless due to Your negligence, in the event the Vendor fails to complete a sale of a product or a service when presented by You with a valid Voucher or otherwise, You acknowledge that the Vendor will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, You agree that Patara will not be held liable for failure of the Vendor to make available any product or service therein.

 

5.15.  Services Payment Facility:

 

5.15.1.    Patara may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between users i.e. buyers and Vendors and for collection of Website fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

 

5.15.2.    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 (i) Lack of authorization for any transaction/s, or (ii) Exceeding the preset limit mutually agreed by You and between "Bank/s", or (iii) Any payment issues arising out of the transaction, or (iv) Decline of transaction for any other reason/s.

 

5.15.3.    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.

 

5.15.4.    Before shipping / delivering your order to you, the Vendor may request you to provide supporting documents (including but not limited to Government 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.

 

5.15.5.    Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between buyer and the Vendor and Payment Facility is merely used by the buyer and the Vendor to facilitate the completion of the Transaction. Use of the Payment Facility shall not render Patara liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.

 

5.15.6.    You have specifically authorized Patara 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. Your relationship with Patara is on a principal to principal basis and by accepting these Terms of Use you agree that Patara is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website that are paid for by using the Payment Facility. Patara does not guarantee the identity of any User nor does it ensure that the buyer or the Vendor will complete a transaction.

 

5.15.7.    You understand, accept and agree that the Payment Facility provided by Patara 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 Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Patara is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price

 

5.15.8.    You, as a the buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Vendor to purchase the products and /or services from the Vendor using the Payment Facility, and You shall pay the transaction price through Your Issuing Bank to the Vendor using Payment Facility.

 

5.15.9.    You, as a the buyer, may agree with the Vendor 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 as provided in Section 5.16.

 

5.15.10.  You, as a the buyer, shall electronically notify Payment Facility using the appropriate 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, the buyer is not required to confirm the receipt of products or services.

 

5.15.11.  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.

 

5.15.12.  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

 

5.15.13.  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.

 

5.15.14.  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) (the “Payment Facility”).

 

5.15.15.  Refund shall be conditional and shall be with recourse available to Patara in case of any misuse by the buyer. Refund shall be subject to the buyer complying with Patara Policies.

 

5.15.16.  Patara reserves the right to impose limits on the number of transactions or transaction price which Patara 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 a buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.

 

5.15.17.  Patara 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 the buyer with Patara or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

 

5.15.18.  Patara 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 Patara. As a result of such check if Patara 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.

 

5.15.19.  Patara may delay notifying the payment confirmation i.e. informing the Vendor to Dispatch, if Patara deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, Patara may hold transaction price and Patara may not inform the Vendor to Dispatch or remit transaction price to law enforcement officials (instead of refunding the same to the buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.

 

5.15.20.  The buyer and the Vendor acknowledge that Patara 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 Patara.

 

5.15.21.  Compliance with Laws: the buyer and the Vendor shall comply with all the applicable laws (including without limitation Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Income Tax Act, 1961 and the rules made there under) applicable to them respectively for using Payment Facility and the Website.

 

5.15.22.  the buyer's arrangement with Issuing Bank: 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. 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 the buyer and the respective Issuing Bank.

 

6. USE OF WEBSITE

 

6.1.     Subject to compliance with the Terms of Use and other Patara Policies, Patara grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

 

6.2.     You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; (b) Patara Policies and (c) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

 

6.3.     You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

 

6.4.     You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

 

6.5.     You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.

 

6.6.     You are solely responsible for Your Information, and Patara and the Website act only as a passive conduit for your online distribution and publication of Your Information.

 

6.7.     You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users (including unauthorized users or "hackers") that You may consider offensive, indecent or otherwise objectionable. Patara disclaims all liabilities arising in relation to such offensive content on the Website. 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 do 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. Further, You may report such offensive content in the manner prescribed under Section 18 herein.

 

6.8.     If Website allows You to post and upload any material on the Website, You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

 

6.8.1.       You shall not host, reverse engineer, display, upload, modify, copy, publish, post, license, create, derivate works from, store, transmit, distribute or disseminate or perform or update or share or reproduce any information which:

  • belongs to another person and to which You do not have any right to;
  • violates any applicable laws or regulations for the time being in force within or outside India;
  • violates the Terms of Use including but not limited to Patara Policies, code of conduct or other guidelines contained herein or elsewhere;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or violation of their rights, hateful, or racially, unethical objectionable, disparaging, relating or encouraging money laundering, gambling, obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind or otherwise unlawful/illegal in any manner whatsoever; 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;
  • is false, inaccurate or misleading in any way;
  • involves the transmission or forwarding of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • engages in commercial activities and/or sales without Our prior written consent such as surveys, contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website;
  • infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, or other proprietary rights or third party's trade secrets or rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, 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;
  • Probes, scans or tests the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • about other users in connection with the prohibited conduct and activities set forth in this Section;
  • Attempts/tries to gain unauthorized access or exceeds the scope of authorized access to any portion or feature or Service of the Website or to Our server or to profiles, blogs, communities, Account Information, bulletins, friend request, or other systems or networks of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users or by hacking, password mining or any other illegitimate means;
  • interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
  • 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 or any material or 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 Patara or other third parties;
  • harm minors in any way;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • contains software viruses or corrupted files 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 security or operation of the Website or another's computer, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • 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.
  • directly or indirectly, offers, attempts to offer, trades or attempts 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.
  • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider or other suppliers; and
  • traces or seeks to trace any information on any other user, of or visitor to the Website, or any other customer of Patara, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided to the Website.

 

6.8.2.       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 Patara, pataracollections.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Patara or the Vendors on platform or otherwise tarnish or dilute any Patara'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 Patara's systems or networks, or any systems or networks connected to Patara.

 

6.8.3.       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.

 

6.8.4.       You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Patara. You shall not use any “deep-link”, “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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. We reserve Our right to bar any such activity.

 

6.8.5.       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.

 

6.8.6.       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 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. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, Terms of Use and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to Patara against You either in these Terms of Use or any policy contained herein, in any applicable law or under torts.

 

6.9.     Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

 

6.10.  You agree that You are solely responsible to Patara and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which Patara or its affiliates or its vendors may suffer) for any such breach.

 

6.11.  If Patara has suspicion or knowledge, that any of its buyers and Vendors are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Patara 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 Account of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.

 

6.12.  Patara 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, Patara may at its sole discretion suspend, block, restrict, cancel the Account 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.

 

7. USE OF MATERIALS

 

7.1.     Except as expressly indicated to the contrary herein, Patara hereby grants You a non-exclusive, freely revocable (upon notice from Patara), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

 

7.1.1.       You may access and use the materials solely for personal, non-commercial, informational, and internal purposes, in accordance with the Terms of Use;

7.1.2.       You may not modify or alter product catalogues or any other materials available on the Website;

7.1.3.       You do not make any additional representations or warranties relating to such documents;

7.1.4.       You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and

7.1.5.       You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

 

7.2.     The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Patara.

 

7.3.     Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.

 

7.4.     The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (the "Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Patara. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Patara does not provide any guarantee with respect to any the Third Party Content and Patara shall not be held liable for any loss suffered by You based on Your reliance on or use of such data. Patara neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Patara has no control over the third party user generated contents.

 

7.5.     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 by you on the Website (hereinafter collectively, referred to as the "Postings"). Such Postings will become Patara property and you grant Patara the worldwide, perpetual and transferable rights in such Postings. We shall be entitled to, consistent with the Privacy Policy as adopted in accordance with applicable law, use the Postings 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 Postings. you agree that any Postings may be used by us, consistent with Our Privacy Policy and these Terms of Use, and you are not entitled to any payment or other compensation for such use.

 

7.6.     We reserve the right, but have no obligation, to monitor the Postings on the Website. Patara shall have the right to remove or edit any Postings 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 Your Postings on the Website and in Your private messages. Please be advised that such Postings do not necessarily reflect Patara views. In no event shall Patara assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from use/appearance of Postings. You hereby represent and warrant that such Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

 

8.SELLING

 

8.1.     As a registered seller, You must be legally able to sell the item(s) you list for sale on our Website in accordance with the Patara Policies which are incorporated by way of reference in these Terms of Use.

 

8.2.     You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer.  You agree not to list a single product in multiple quantities across various categories on the Website. Patara reserves the right to delete such multiple listings of the same product listed by you in various categories.

 

8.3.     You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users in any manner.

 

9. INTELLECTUAL PROPERTY RIGHTS

 

9.1.     Unless otherwise stated, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, the design, structure, selection, coordination, expression, look and feel and arrangement of the Website, the Website as a whole, and all materials and processes that are part of the Website and their selection and arrangement (collectively, "Content"), are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Patara or its subsidiaries and affiliates. 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 Patara’s express written consent is strictly prohibited.

 

9.2.     The trademarks, logos and service marks displayed on the Website (the "TradeMarks") are the property of Patara or their vendors or respective third parties. You are not permitted to use the TradeMarks without the prior consent of Patara, the vendor or the third party that may own the TradeMarks.

 

9.3.     Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Patara owns all intellectual property rights to and into the trademark "Patara Collections", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

 

9.4.     Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Patara or thirty party owner of such Content.

 

9.5.     Patara respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Patara at [Ÿ].

 

10. DISCLAIMER OF WARRANTIES AND LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

 

10.1.  THE WEBSITE, ALL OTHER MATERIALS AND PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PATARA MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE INFORMATION, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS ON THIS WEBSITE ARE COMPLETE, TRUE, ACCURATE OR NON-MISLEADING; (IV) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (V) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PATARA OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY.

 

10.2.  PATARA 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. PATARA DOES NOT WARRANT THAT THIS WEBSITE; 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.

 

10.3.  PATARA WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS AND DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

 

10.4.  PATARA WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. PATARA HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT PATARA NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. PATARA SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, PATARA SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND PATARA 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. PATARA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. PATARA ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

 

10.5.  PATARA SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

 

10.6.  PATARA DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. PATARA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND PATARA DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. PATARA ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU. 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 SELLER IS UNABLE TO DELIVER SUCH PRODUCTS DUE TO IMPLICATIONS OF DIFFERENT STATE LAWS, SELLER WILL RETURN OR WILL GIVE CREDIT FOR THE AMOUNT (IF ANY) RECEIVED IN ADVANCE BY SELLER FROM THE SALE OF SUCH PRODUCT THAT COULD NOT BE DELIVERED TO YOU.

 

10.7.  PATARA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO NON-AVAILABILITY OF THE PRODUCT, ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND PATARA SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER OR FOR THE DELIVERY OF THE PRODUCT AND THE INSTALLATION OF THE PRODUCT WHERE REQUIRED OR ANY ACTION OR INACTION THAT MIGHT BE TAKEN BY THE VENDOR AFTER ISSUE OF THE VOUCHER TO THE USER.

 

11. INDEMNIFICATION AND LIMITATION OF LIABILITY

 

11.1.  You agree to fully indemnify, keep indemnified, defend and hold harmless Patara and its affiliates, shareholders, officers, directors, agents, and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Patara that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use and rules and policies referred herein applicable to the purchase of products and services on the Website or Your violation of any law, rules or regulations or the rights of a third party including any intellectual property rights.

 

11.2.  In no event shall Patara, its affiliates, service providers, officers, directors, employees, partners or suppliers be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including but not limited to those resulting from loss of use, data or profits, goodwill, or other intangible losses arising out of or in connection with the Website, its services or these Terms of Use (however arising, including negligence or under torts or under public policy) whether or not foreseeable or whether or not Patara has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials or Your purchase of the products and services herein.

 

11.3.  Notwithstanding anything to contrary, Patara's entire liability to You under these Terms of Use or otherwise and Your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to You get the refund of the money charged from You for any specific voucher or product or service, from the Vendor on the Website under which the unlikely liability arises. Other than as stated in this Section 12.3, Patara shall have no liability to You.

 

11.4.  You release and indemnify Patara and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Patara cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

 

11.5.  The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

 

12. SALE IN INDIA ONLY

 

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Patara makes 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 Website from other locations/Countries other than India do so on their own initiative and Patara 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.

 

13. VIOLATION OF THE TERMS OF USE

 

13.1.  You agree that Patara may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Patara determines that You have violated these Terms of Use or rules or Patara Policies referred herein. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Patara, for which monetary damages would be inadequate, and You consent to Patara obtaining any injunctive or equitable relief that Patara deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Patara may have at law or in equity.

 

13.2.  You agree that Patara may, in its sole discretion, and without prior notice, terminate Your access to the Website, in terms of Section 14.

 

13.3.  If Patara does take any legal action against You as a result of Your violation of these Terms of Use, Patara will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Patara.

 

14. TERMINATION

 

14.1.  The Terms of Use will continue to apply until terminated by either You or Patara as set forth below. If You want to terminate Your agreement with Patara, You may do so by (i) not accessing the Website; or (ii) closing Your Accounts for all of the Services that You use.

 

14.2.  Patara may, at any time, with or without notice, limit Your activity immediately or remove Your information or buys, or end Your listing, warn other users of Your actions, immediately temporarily/indefinitely or suspend all or a portion of Your Account or terminate or block Your membership or refuse to provide You with access to the Services (or portion thereof) if:

14.2.1.    You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); or

 

14.2.2.    Patara is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful); or

 

14.2.3.    requests by law enforcement or other government agencies; or

 

14.2.4.    discontinuance or material modification of the Website or any service offered on or through the Website; or

 

14.2.5.    unexpected technical issues or problems; or

 

14.2.6.    The provision of the Services to You by Patara is, in Patara's opinion, no longer commercially viable; or

 

14.2.7.    Patara has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

 

14.2.8.    if Your actions may cause legal liability for you, other users or the Website.

 

14.3.  Without limiting other rights and remedies, Patara may also limit Your activity immediately or remove Your information or buys, or end Your listing, warn other users of Your actions, immediately temporarily/indefinitely or suspend all or a portion of Your Account or terminate or block Your membership or refuse to provide You with access to the Services with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

 

14.4.  You agree that all terminations shall be made in Patara's sole discretion and that Pataral shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

 

14.5.  Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Patara chooses to terminate them.

 

14.6.  If You or Patara terminates Your use of the Website, Patara may delete any content or other materials relating to Your use of the Website and Patara will have no liability to You or any third party for doing so.

 

14.7.  The Website may at any time at its sole discretion reinstate suspended users. The Website reserves the right to recover any amounts due and owing by You to The Website and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

 

15. ARBITRATION

 

If any dispute arises between You and the Website during Your use of the Website or Your dealing with the Website in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Website. The Arbitration and Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to any payments for the Services shall not be suspended during the arbitration proceedings.

 

16. GOVERNING LAW

 

16.1.  These Terms of Use and all the rules and policies contained herein and any of Your usage of Website and Your dealings and all transactions entered into on or through the Website and the relationship between You and Patara shall be governed in accordance with the laws of India without reference to conflict of laws principles.

 

16.2.  Subject to Section 16 above, You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Patara shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.

 

17. REPORT ABUSE

 

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to [Ÿ].

 

18. PRIVACY POLICY

 

18.1.  We view protection of Your privacy as a very important principle. We understand clearly that You and Your Account Information is one of Our most important assets. The Website collects, stores, processes and use Your Account 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 [Ÿ]. If You object to Your Account Information being transferred or used in this way please do not use Website. By using the Website and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Website by Patara in accordance with Privacy Policy. The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Patara in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

 

18.2.  We and our affiliates will share / sell / transfer / license / covey some or all of Your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your Account Information. Once You provide Your Account Information to us, You provide such information to us and our affiliate and we and our affiliate may use such information to provide You various services with respect to Your transaction whether such transaction are conducted on the Website or with third party merchant's or third party merchant's website.

 

19. ELECTRONIC 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 and the Website through electronic records which are legally identifiable and enforceable, 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 SMS or by call or such other mode of communication, electronic or otherwise. A User can unsubscribe/ opt-out from receiving communications from Patara through SMS, call and e-mail anytime by: (a) visiting [Ÿ] to unsubscribe from emails/ SMS/calls; and (b) Newsletters sent daily at the registered email address, by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.

 

20. GENERAL PROVISIONS

 

20.1.  Independent Contractor: None of the provisions of these Terms of Use shall be deemed to constitute a partnership or agency between You and Patara and You shall have no authority to bind Patara in any manner whatsoever nor shall Patara have any authority to bind You in any manner whatsoever. All the services provided by the Patara shall be as independent contractor and on principal to principal basis.

 

20.2.  Notice: All notices to Patara will be served by email or by general notification on the Website. Any notice provided to Patara pursuant to the Terms of Use should be sent to [Ÿ].

 

20.3.  Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. In Patara’s sole discretion, Patara may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without Your prior express consent. However, Patara on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.

 

20.4.  Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, invalid or void, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and shall not affect the validity and enforceability of the remaining Terms of Use and they shall continue in full force and effect.

 

20.5.  Waiver: Any failure by Patara to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Patara of that provision or right.

 

21. FEEDBACK AND INFORMATION

 

Any feedback You provide to this Website shall be deemed to be non-confidential. Patara shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Patara is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Patara may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Patara for the feedback under any circumstances.

 

22. CONTACT US

 

Please contact us at Ÿcontact@pataracollections.com for any questions or comments regarding this Website.

 

23. 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. Jigar ZaveriŸ

Patara Collections Private Limited

#61, Gyan Sagar, 6th Floor,

S.K. Bole Road,

Dadar West,

Mumbai - 400028,

India

Phone: +91 22 49266911

Email: jigar@betelleafonline.com

Time: Monday - Saturday (9:00 - 18:00)