1. Acceptance Of Terms
1.1. We, Design Pataki, owners and operators of the Website provide the service of making available for sale, certain home products ("Service") on the Website. All such Services are subject to these Terms. By availing the Service(s), you agree to comply with these Terms which may be amended from time to time. Additionally, when using a portion of the Service, you agree to conform to any applicable Terms which may be amended from time to time.
1.2. You understand and agree that you alone are responsible for reviewing these Terms and you understand that you alone are responsible to review the amendments to the same which may be made from time to time. Should you object to any term or condition of these Terms, or any amendments thereto, your only option is to immediately discontinue use of this Website.
1.3. These Terms may be updated at any time at our sole discretion.
1.4. You understand and agree that you will utilize the Services in compliance with all laws, regulations, and guidelines that may be applicable.
2. Service Policy
2.1. You may visit the Website regardless of whether your have set-up your THL Account. However, in order to view products and avail any Service, you will require a Design Pataki Account. You shall avail the Services only through your own Design Pataki Account. (You can register to start a Design Pataki Account at www.designpataki.com You shall not reveal your password or otherwise permit any other person to use your Design Pataki Account.
2.2. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors such as PAYU PAISA, we are not in any way responsible for and have no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
3. Purchase And Payment
3.1. All orders for purchases through the Website shall only be made by the person who holds the Design Pataki Account. Payments towards the price of the product purchased and for the delivery of the same shall be made with the use of a debit or credit card. All payments are to be made only through the Website.
3.2. We do not directly process any payments. [Secured socket layer ("SSL") technology is used for processing payment transactions with third-party service provider partner, PAYU PAISA, you will be subject to the terms and conditions governing such third-party services.
4. Delivery, Refund And Exchange Policy
4.1. All deliveries shall be made by FedEx, which is a third-party transport/ delivery service providers. When you order to products, you choose and consent to the delivery of products ordered by you to be transported and delivered by FedEx. The delivery and handling of the products shall be governed by the terms and conditions of such third party and may be viewed www.fedex.com/in.
4.2. Please account for a minimum of 15 days from the date of the order for the delivery of any product.
4.3. In the event the product has a manufacturing defective, your sole recourse is to return the defective product along with the order and payment confirmation to us at the following address at your cost:
4th Floor, Mashriqui Bldg,
P D’Mello Road, Behind GPO,
Mumbai 400 001, India
On the receipt by is of the product bearing the manufacturing defect we will send you a credit note for the full purchase price paid by you for the product within 30 days.
4.4. Orders once placed cannot be cancelled. For the sake of clarity, the only circumstance in which we will take back the product and refund the purchase price is if the product bears a manufacturing defect. Products once sold cannot be exchanged or returned.
5. Content Policy
5.1. Website Content
5.1.1. All copyright and related rights in the design, artwork, images, film, sound clips, sound recordings, colour-scheme, articles, photographs, layout and any other content on the Website ("Website Content") is and shall at all times vest in and to Design Pataki You may not copy or reproduce in any manner any of the Website Content in part or in its entirety. Any such copying or reproductions shall amount to an infringement of the rights of Design Pataki (See Intellectual Property term below.)
5.1.2. You may post any user generated content ("User Content") on the Website through your Design Pataki Account. All User Content posted by you on the Website shall comply with local laws and shall not amount to a defamation, be offensive, indecent, inaccurate, misleading, or otherwise objectionable. By posting any User Content on the Website, you thereby grant Design Pataki a worldwide, perpetual irrevocable, royalty-free license, with a right to sub-license to copy, reproduce, amend, modify or in any manner use such User Content. You waive all special rights in the User Content. No such license shall be revert to the licensor in the event Design Pataki does not use such User Content within a period of one year or any such statutory period from the date of license.
5.1.3. The Website may display ads, comments, user postings, files, images, photos, video, sounds, business listings or information, directory information or any other material directory information, business listings or information, messages between users, including without limitation e-mails outside our e-mail system or by other means of electronic communication or any other third party content ("Third Party Content"). You understand that we do not control, and are not responsible for any such Third Party Content or any other material made available through the Website.
5.1.4. Design Pataki shall in no manner be liable and responsible for the Website Content, User Content or Third Party Content (hereinafter referred to as "Content"). By using the Website you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
5.1.5. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on any such Content, and that under no circumstances will we be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, e-mailed or otherwise made available on or through the Website.
5.1.6. You acknowledge and agree that we do not pre-screen or approve any Content, but that we have the right, in its sole and absolute discretion, to refuse, delete or move any Content from the Website in the event of a violation of these Terms or for any other reason or no reason at all, at the sole discretion of Design Pataki
5.2. Third Party Websites
5.2.1. The Website may contain links to third party websites ("Third Party Websites"), which are completely unrelated to us. If you link to Third Party Websites, you may be subject to terms and conditions and other policies which govern those Third Party Websites.
5.2.2. Design Pataki is not responsible or in any manner liable for any content on any Third Party Websites. We make no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and we disclaim all liability thereto.
6.1. You agree not to:
6.1.1. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, except for internet search engines and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
6.1.2. attempt to gain unauthorized access to computer systems owned or controlled by us or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website;
6.1.3. use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of the Website "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors or other third parties.
7. Access To The Service
7.1. We grant you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us or as otherwise set forth in these Terms.
7.2. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in Clause 7.1.
7.3. You are permitted to create a hyperlink to the home page of the Website so long as the link does not portray the Website, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter.
7.4. We may offer parts of the Website in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or view postings through third party software news aggregators. We permit you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blow, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title within an RSS feed is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, in a conspicuous manner, proper attribution to the Website as the source of the RSS feed, (d) your use or display of the RSS feed does not suggest that we promotes or endorses any third party causes, opinions, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden or otherwise slow the performance of our systems. We reserves all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without notice. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Website for other purposes (including commercial purposes) not stated herein, you must first obtain a license from us.
8. Intellectual Property Rights
8.1. You acknowledge and agree that the materials on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Design Pataki, and are subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions.
8.2. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
8.3. We reserve all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein.
8.4. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Website is protected to the maximum extent permitted by copyright laws, other laws, and international treaties.
8.5. All content displayed on the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Website, and agree to abide by any and all copyright notices and other notices displayed on the Website.
8.6. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained on the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
9. User Submissions
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
10.1. You agree to defend, indemnify and hold harmless Design Pataki, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to lawyers' fees, arising from:
10.1.1. your use of and access to the Website;
10.1.2. your violation of any term of these Terms;
10.1.3. your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
10.1.4. any claim that any User Content generated by you caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
11. No Spam Policy
11.1. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to our email addresses or through our computer systems are expressly prohibited by these Terms.
11.2. You acknowledge and agree that from time to time we may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in our email system.
11.3. Any unauthorized use of our computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.
12. Dealings With Organizations And Individuals
12.1. You acknowledge and agree that we shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals.
12.2. You agree and acknowledge that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions.
12.3. In the event of a dispute between participants on the Website, or between users and any third party, you understand and agree that we are under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users or any third party service provider on the Website, you hereby release us, our officers, employees, agents and successors from any and all claims, demands and damages, actual and consequential, of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service and the Website.
13. Limitation And Termination Of Service
13.1. You acknowledge and agree that we may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Website, e-mail messages, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Service or the Website.
13.2. You acknowledge and agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website.
13.3. You acknowledge and agree that we reserve the right at any time to modify or discontinue the Service, or any part thereof, with or without notice, and that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
13.4. You acknowledge and agree that we, in our sole and absolute discretion, have the right, but not the obligation, to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service, or any part thereof, immediately and without notice, and remove and discard any User Content or other content on the Website, for any reason or no reason at all, including, without limitation, if we believe that you have violated these Terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
14. Disclaimer Of Warranties
14.1. You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.
14.2. To the fullest extent permitted by law we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof.
14.3. We make no warranties or representations about the accuracy or completeness of the website's content or the content of any third party websites linked to the website and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party; and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service.
14.4. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
15. Limitations Of Liability
15.1. In no event shall we, our officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the services, from inability to use the website or the services, or the interruption, suspension, modification, alteration, or termination of the website or the services.
15.2. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the website. These limitations shall apply to the fullest extent permitted by law.
15.3. You specifically acknowledge and agree that we shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
15.4. The Website is controlled and offered by Design Pataki from its facilities in India. We make no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
17. Ability To Accept Terms Of Service
This Website is intended only for adults. You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under the age of 18 years, you must not use this Website. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
18.1. These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Design Pataki and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
18.2. The failure of the Website to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
18.3. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
18.4. These Terms shall inureto the benefit of and be binding upon each party's successors and assigns.
19. Violation Of Terms And Liquidated Damages
19.1. Please report any violations of the Terms that you become aware of by contacting us. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
19.2. You understand and agree that, you will be liable to pay us liquidated damages in the event you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content in violation of these Terms without our prior written permission.
19.3. Notwithstanding any other provision of these Terms, we retain the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
20. Governing Law And Dispute Resolution
20.1. Any disputes regarding the use of the Website and any transactions conducted through the same shall be governed by the laws of India and all disputes shall be settled by arbitration under the Arbitration and Conciliation Act, 1996.
20.2. You and Design Pataki agree to submit to the personal and exclusive jurisdiction of the courts of Mumbai.