TERMS AND CONDITIONS:
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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.
Your use of a Reshmi Pitara website www.reshmipitara.com (hereinafter referred to as ” Reshmi Pitara / Reshmi Pitara Website/ Website”) and its services and tools are governed by the following terms and conditions (“Terms of Use”). If You transact on Reshmi Pitara, 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 Reshmi Pitara, with office at Pune in the State of Maharashtra, India and these terms and conditions constitute your binding obligations.
For the purpose of these terms of use, wherever the context so require “You” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems of the Reshmi Pitara.
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011 thereunder, as amended from time to time and published in accordance with the provisions of Rule 3 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 Reshmi Pitara marketplace platform – www.reshmipitara.com (hereinafter referred to as “Platform”)
By subscribing to, using any of our services and any purchases made by you through the website shall signify your acceptance of the supply terms and your agreement to be legally bound by the same. In addition to the foregoing, you shall also be bound by the terms of use of the website or additional terms of service which are displayed with the selection of the product. If there is any conflict between the supply terms and the additional terms, the additional terms shall take precedence in relation to that sale.
When You use any of the services provided by the Reshmi Pitara, including but not limited to Customer Comments, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Reshmi Pitara reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, Reshmi Pitara grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Your use/access/browsing of the Platform or the Services or products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and this to be legally bound by the same.
If You do not agree with the Terms or the Privacy Policy, please do not use the Platform or avail the Services or products. Any access to our Services/Platform/products through registrations/subscription is non-transferable.
In the event the Terms conflict with any other document / policy / Content on the Platform, the Terms will prevail over them, for the purposes of usage of the Platform. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our Platform in any way and should exit immediately.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
TO READ THE COMPLETE TERMS AND CONDITIONS, PLEASE SEE BELOW:
- ACCOUNT
Use of this Platform is available only to persons who can enter into a legally binding contract 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, lunatics etc. are not eligible to use Platform. If You are a minor i.e. under the age of 18 years, you shall not register as a member of the Platform and shall not transact or use Platform. As a minor if You wish to use or transact on the Platform, such use or transaction may be made by your legal guardian or parents who have registered as users of the Platform. The Platform reserves the right to terminate your membership and refuse to provide You with access to the Platform if it is brought to Platform’s notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws
You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to – i) immediately notify the Platform of any unauthorized use / breach of your password or account and b) ensure that you exit from your account at the end of each session
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- CONTENT POSTED ON PLATFORM:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and The Platform has no control over such third party user generated content as The Platform is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
– do not remove any proprietary notice language in all copies of such documents,
– use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
– make no modifications to any such information, and
– do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Content”). Such Content will become the property of The Platform and you grant The Platform the worldwide, perpetual and transferable rights in such Content. The Platform shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content You provide. You agree that any Content You post may be used by The Platform, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
- DISCLAIMER OF WARRANTIES AND LIABILITY
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on The Platform on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, The Platform does not warrant that:
This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non-misleading.
The Platform 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 Platform.
The Platform does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through The Platform; their servers; or electronic communication sent from The Platform are free of viruses or other harmful components;
Nothing on The Platform constitutes, or is meant to constitute, advice of any kind;
All the products sold on The Platform are governed by different state laws and if The Platform is unable to deliver such products due to implications of different state laws, The Platform will return or will give credit for the amount received by The Platform from the sale of such product, that could not be delivered to You;
You will be required to enter a valid phone number while placing an order on The Platform. By registering your phone number with us, You consent to be contacted by The Platform via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. The Platform will not use your personal information to initiate any promotional phone calls or SMS’.
- THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and you agree to indemnify The Platform accordingly.
- PROHIBITIONS
The following actions will be considered as misuse of the website, and are thus prohibited:
– Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.;
– Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual;
– Transmission of junk mails, spam or chain letters;
Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
– Posting unsolicited promotional or advertising content;
– Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
– Promoting 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 file, providing or creating computer viruses;
– Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
You shall not host, display, upload, modify, publish, transmit, update or share any information that harasses or advocates harassment of another person or engages in commercial activities and/or sales without Reshmi Pitara’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms of Use, Reshmi Pitara “prior written consent” means a communication coming from Reshmi Pitara Legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which You seek authorization or harm minors in any way or deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or 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 to any other nation
You shall not probe, scan or test the vulnerability of Reshmi Pitara Website or any network connected to Reshmi Pitara Website nor breach the security or authentication measures on Reshmi Pitara Website or any network connected to Reshmi Pitara Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Reshmi Pitara Website, or any other customer of Reshmi Pitara, including any Reshmi Pitara account not owned by You, to its source, or exploit Reshmi Pitara Website or any service or information made available or offered by or through Reshmi Pitara Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Reshmi Pitara Website
We hereby hold no liability to any sort of damage or harm caused to your software, data or computer device by downloading content from this website.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
INDEMNITY:
You agree to indemnify and hold harmless the Platform, ”Reshmi Pitara”, its owner, partners, service providers, contractors, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, harmless from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
COD (Cash On Delivery)
Please note we have the limit for Cash On Delivery which is maximum Rs 10000 (**Selected Pin codes in India only**)
Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
– unavailability of the relevant product;
– failure of the concerned manufacturer/ supplier/ designer/ importer to deliver relevant product to us;
– poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
– inaccuracies or errors in product or pricing information.
In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation. In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.
Trademarks
The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated
CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
While availing any of the payment method/s offered at Reshmi Pitara, Reshmi Pitara will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s; or
- Exceeding the preset limit mutually agreed by You and between your “Bank/s”; or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
- RISK OF LOSS:
All items purchased from the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- PRODUCT DESCRIPTION:
The Platform tries to be as accurate as possible. However, the Platform does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.
- PRICING/TYPOGRAPHICAL ERROR:
If the Platform comes across any difference in pricing resulting from typographic errors wrt pricing or product information, the Platform shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
- TERMINATION AND SUSPENSION:
Without limiting other remedies, Reshmi Pitara may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide You with access to the Reshmi Pitara website in the event, but not limited to:
- If You breach the Terms of Use or Privacy Policy or other rules and policies, if any;
- If Reshmi Pitara is unable to verify or authenticate any information You provide; or
III. If it is believed that your actions may cause legal liability for You, other Users or Reshmi Pitara. Reshmi Pitara may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Reshmi Pitara or use Reshmi Pitara Website in any manner whatsoever until such time that such User is reinstated by Reshmi Pitara. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, Reshmi Pitara reserves the right to recover any amounts due and owing by You to Reshmi Pitara or 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.
The Platform reserves the right to suspend (deactivate) and/or terminate (delete) any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Platform after termination (deletion of profile) or during suspension (deactivation of profile).
Reshmi Pitara shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Pune.
AVAILABILITY OF WEBSITE
This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the Terms & Conditions hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
- PRIVACY:
We view protection of Your privacy as a very important principle. We understand clearly that you and Your personal identification information is one of our most important assets. We store and process Your Personal Identifiable Information 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 made there under. Our current Privacy Policy is available at https://www.reshmipitara/privacy/ If you object to your Information being transferred or used in this way please do not use the Platform.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive materials on Reshmi Pitara and that You may be involuntarily exposed to such offensive materials. It also is possible for others to obtain personal information about You on the public forum due to your use of Reshmi Pitara, and that the recipient may use such information to harass or injure You. Reshmi Pitara does not approve of such unauthorized uses but by using the Reshmi Pitara Website
- INJUNCTION:
You agree that any material breach of the Terms will result in irreparable harm to the Platform for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the Platform will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if the Platform seeks such an injunction.
You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Reshmi Pitara Website or Reshmi Pitara’s systems or networks, or any systems or networks connected to the Reshmi Pitara Website.
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.
- ENTIRE AGREEMENT:
These Terms constitute the entire agreement between you and Reshmi Pitara relating to the subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use any third-party products or services
- Limitation of Liability
IN NO EVENT SHALL RESHMI PITARA.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF RESHMI PITARA.COM HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES
- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@reshmipitara.com