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Privacy Policy
Privacy Policy The Punarvi Designers application its affiliates (hereinafter may be referred to as the “Company”, “we”, “us”, and “our”) respect your privacy and is committed to protecting it through its compliance with its privacy policy. This policy amongst other things describes: (i) the type of information that the Company may collect from you when you access or use its websites, applications and other online services (hereinafter collectively referred to as the “Services”); and (ii) the Company’s practices for collecting, using, maintaining, protecting and disclosing that information. We encourage you to read this policy carefully to understand the Company’s policies and practices regarding your information. By accessing or using its Services or its Platform, registering an account with the Company, becoming a supplier, reseller or customer on the Platform, or by attempting to become a supplier, reseller or customer, you expressly agree to be bound by the terms and conditions of this privacy policy and you are consenting to the Company’s collection, use, disclosure and retention of your personal information as described here. This policy may change from time to time, your continued use of the Company’s Services after it makes any change is deemed to be acceptance of those changes, so please check the policy periodically for updates. 1. Applicability of the Policy 1.1. This policy applies only to the information the Company collects through its Services, in email, text and other electronic communications sent through or in connection with its Services. 1.2. This Policy does not apply to the information that you provide to, or that is collected by, any third-party, that you use in connection with its services. The Company encourages you to consult directly with such third parties about their privacy practices. 2. Collection of the information 2.1. Some of our Services may be used without revealing any personal information, and for other Services, personal information is required. We may also collect ‘Non-Personal Information’ (i.e., information that cannot be used to identify you). Non-Personal Information includes information like the web pages that you have viewed. In order to access certain features and benefits on our Services, you may need to submit ‘Personally Identifiable Information’ i.e., information that can be used to identify you (as described below). Inaccurate information may affect your ability to use the Services, the information you receive when using the Services, and our ability to contact you. For example, your email address and contact number should be kept valid because these may be the primary channels through which we communicate with you. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to the Company. 2.2. The Company collects several types of information from and about users of our Services, including: (i) Your Personally Identifiable Information- Personally Identifiable Information is the information that can be associated with a specific person and could be used to identify that specific person whether from that data, or from the data and other information that we have, or is likely to have access to. We do not consider Personally Identifiable Information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise. Personally Identifiable Information can include, but not be limited to, information such as your name, email address, contact number (cellular and landline), educational qualification(s), occupation, date of birth, marital status, monthly income, city and state of residence, marital status, number of children, employer details, Aadhaar number, PAN, social security and tax identification numbers, and post-qualification or work experience among other things; and/or (ii) Information about your internet connection, the equipment you use to access our Services and your usage details. 2.3. We may collect this information either (i) directly from you when you provide it to us; (ii) automatically as you navigate through our Services (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies); and/or (iii) from any other source of information including from other third party sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily. 2.4. Information you provide to us. 2.4.1. Your account information: Your full name, email address, postal code, password and other information you may provide with your account, such as your gender, mobile phone number and website. Your profile picture (if any) that will be publicly displayed as part of your account profile. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services. 2.4.2. Your preferences: Your preferences and settings such as time zone and language. 2.4.3. Your content: Information you provide through our Services, including your reviews, photographs, comments, lists, followers, the users you follow, ordering details and history, favourite categories, special requests, contact information of people you add to, or notify of, your orders through our Services, names, and other information you provide on our Services, and other information in your account profile. 2.4.4. Your searches and other activities: The search terms you have looked up and results you selected. 2.4.5. Your browsing information: How long you used our Services and which features you used; the ads you clicked on. 2.4.6. Your communications: Communications between you and other users or suppliers through our Services; your participation in a survey, poll, sweepstakes, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other products); your communication with us about employment opportunities posted to the Services. 2.4.7. Your transactional information: If you make use of our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your name, phone number, gender, transaction details, PAN number, device type, Platform usage details, address, email, billing information and credit or payment card information or other payment related details. This information may be shared with third parties which assist in processing and fulfilling your requests, including PCI compliant payment gateway processors and credit information companies. If you write reviews about businesses with which you conduct transactions through our Services, we may publicly display information that you transacted with those businesses. 2.4.8. Your Public Posts: You also may provide information (such as ratings, reviews, tips, photos, comments, likes, bookmarks, friends, lists, etc.) to be published or displayed (hereinafter, “posted”) on publicly accessible areas of our Services or transmitted to other users of our Services or third parties (hereinafter collectively referred to as “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable (see the “Security” section below). Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We may display this information on the Services, share it with businesses, and further distribute it to a wider audience through third party sites and services. You should be careful about revealing any sensitive details about yourself in such postings. 2.4.9. We use the information you provide to us to analyse and enhance the functionality and improve the quality of our Services, and to personalize your experience while using our Services. We also use this information to display relevant advertising, provide services to you, provide support to you, communicate with you, and comply with our legal obligations. 2.5. Information we may automatically collect include but may not be limited to the following. 2.5.1. We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services, and about your use of the Services, even if you use the Services without registering or logging in. 2.5.2. Usage information: Details of your use of our Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through our Services. 2.5.3. Computer and device information: Information about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device’s unique device identifier, mobile network information and the device’s telephone number. 2.5.4. Stored information and files: Our Services also may access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information. 2.5.5. Location information: Our applications collect real-time information about the location of your device, as permitted by you. 2.5.6. Last URL visited: The URL of the last web page you visited before visiting our websites. 2.5.7. Mobile device IDs: Unique mobile device identifier (e.g. IDFA, GAID or other device IDs on Apple devices like the iPhone and iPad), if you’re using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our applications, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our applications. 2.5.8. Your preferences: Your preferences and settings such as time zone and language. 2.5.9. Your activity on the Services: Information about your activity on the Services, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited our Services, the date and time you used the Services, error logs, and other similar information. 2.5.10. Mobile status: For mobile application users, the online or offline status of your application. 2.5.11. Applications: If you use the Company’s application, the Company may collect information about the presence and/ or absence and/or details pertaining to other applications on your mobile phone. The applications we gather information for, may vary across categories including, without limitation, shopping, fashion, food and travel. This will help us understand you and your preferences better and enable the Company to provide you with a personalized experience. We may collect, process and store your user ID associated with any social media account (such as your Facebook and Google account) that you use to sign into the Services or connect with or use with the Services. Please see your social media provider’s privacy policy and help center for more information about how they share information when you choose to connect your account. 2.6 You may withdraw the consent provided to us to collect and use your personal information by writing to the designated Grievance Officer as provided in Section 14 of this Privacy Policy. However, in case of withdrawal of such consent, we may not undertake the activities for which the information was sought. 3. Use of the information We use the information we collect from and about you for a variety of purposes, including: 3.1. For purchase and delivery of products and services. We use your personal information to take, handle and fulfil orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers. 3.2. To provide, troubleshoot, and improve the Services. We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the Services. 3.3. For recommendations and personalization. We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with the Services. We may also share your preferences, or the Services availed by you with your network followers on the Company for marketing and other promotional activities of our Services 3.4. To comply with legal obligations. In certain cases, we collect and use your personal information to comply with laws. For instance, we collect from sellers, information regarding place of establishment and bank account information for identity verification and other purposes. 3.5. To Communicate with you. We use your personal information to communicate with you in relation to the Services via different channels (e.g., by phone, e-mail, chat). 3.6. For advertising. We use your personal information to display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ads. 3.7. For Fraud Prevention and Credit Risks. We use personal information to prevent and detect possibility of non-payment, fraud, and abuse in order to protect the security of our users, the Company, and others. We may also, directly or through a third party (including CICs), use scoring methods to assess and manage credit risks, including by way of sharing the result of said scoring methods with relevant third parties, payment gateways, financial institutions. 3.8. To administer contests and sweepstakes. 3.9. To carry out Company’s obligations and enforcing rights arising from any contracts entered into between you and the Company, including for billing and collection. 3.10. Research. Generating and reviewing reports and data, and to conduct research on the Company’s user base and service usage patterns. To conduct research following internal review protocols to ensure the balancing of privacy and to use anonymize d data for research. Use for internal purposes such as auditing. understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, and make special offers 3.11. To fulfil any other purpose for which you provide us the information and/or for any other purpose with your consent. 3.12 To check your eligibility for certain products/services including but not limited to credit and payment products and provide access to the services being offered by us, our affiliates, banks, financial institutions or our lending partners. 4. Sharing of the information 4.1. We may disclose personal information that we collect, or you provide, as described in this privacy policy, in the following ways: 4.1.1. General Information Disclosures a. To our holding companies, subsidiaries and affiliates, which are entities under common ownership or control of the Company. b. To contractors, advertisers/service providers, credit information agencies, analytics and research partners, other banks or financial institutions, insurers or intermediaries and other third parties whom we use to support our business (e.g. logistics and delivery, to collect payments), or to improve your experience on our platform and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. c. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about the users of our Services are among the assets transferred. d. To third parties to market their products or services to you which we feel may be of interest or beneficial to you. We contractually require these third-parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. 4.1.2. To fulfil the purpose for which you provide it. 4.1.3. For any other purpose disclosed by us when you provide the information. 4.2. Service Providers. We may share your information with outside vendors that we use for a variety of purposes, such as to send you communications via emails, messages or tele-call to inform you about the services and/or products that may be of interest to you, push notifications to your mobile device on our behalf, provide voice recognition services to process your spoken queries and questions, help us analyze use of our Services, process and collect payments, help us diversify the payment processing and collection methods available, and offer you special offers and services where available. Some of our products, services and databases are hosted by third party hosting services providers. We also may use vendors for other projects, such as conducting surveys, organizing sweepstakes for us, advertising, marketing and advertisement measuring purposes. We may share information about you with these vendors only to enable them to perform their services. 4.3. Credit Analysis. You hereby authorize and expressly consent for us to share your personal information with third parties, which may include Credit Information Companies (“CIC”) to do an aggregate check of your credit profile for trying to make a wider variety of payment options available for you, some of which options may depend on the result of your credit analysis. Your credit score and/or credit information report (together “Credit Information”) will be obtained on your behalf, through a ‘soft enquiry’ from the relevant CIC and we have no control over the content or accuracy of information provided in your Credit Information by CIC. We get this information from CICs for and on your behalf only when you agree to appoint us as your lawfully appointed authorized agent/representative for collecting your Credit Information from CICs. By consenting to use and avail your credit information report through us, you agree that we and the CICs shall be entitled to rely on your authorization and consent granted by you to us. You also consent to the sharing of your Credit Information with third parties by the CIC or us, for the purpose of checking your eligibility to avail of additional payment options and/or any other special offers. 4.4 l Purposes. We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or the Company’s Terms of Service, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of the Company, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations on account of legal requests such as subpoena, court order or government demand to comply with the law. 4.4. Social Networks. If you interact with social media features on our Services, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about your use of the Services, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies. 4.5. To enforce or apply our Terms of Use available at https://Punarvi Designers.com/terms-conditions and other agreements, including for billing and collection purposes. 4.6. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our users or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction of the Company, our users, our service providers, our payment processing partners etc. 4.7. Consent. We may share your information in any other circumstances where we have your consent. 5. Third Party links and services 5.1. The Services may contain links to third-party websites. Your use of these features may result in the collection, processing or sharing of information about you, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other websites or services which may be linked on the Company’s Services. We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information you choose to provide to or that is collected by these third parties. We strongly encourage you to read such third parties’ privacy policies. 6. Anonymous or de-identified data 6.1. We may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools as described below. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Privacy Policy, and it may be used and disclosed to others without limitation. 7. Cookies 7.1. Cookies are alphanumeric identifiers with a small amount of data that is stored on the user’s device hard-drive containing information about the user, commonly used as an anonymous unique identifier. We may offer certain features only through ‘cookies’ and may also collect information about you using these cookies. Please note, a cookie in no way gives the Company access to your device. Other websites may place their own cookies or other files on your device, collect data or solicit personal information from you, for which the Company shall not be held responsible or liable. We encourage you to read the privacy policies of all external sites. We also use cookies from third party partners for marketing and promotional purposes. Please note that most web browsers are set to accept cookies by default. 7.2. We strive to provide you with choices regarding the personal information you provide to us. 8. Security Precautions 8.1. We ensure to maintain reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your information and to maintain data security. These safeguards take into account the sensitivity of the information that we collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. The access to the Services is offered through the use of a secure server and adhere to our security guidelines to protect it against unauthorized access. However, by using the Services, the users accept the inherent security implications of data transmission over the internet and the World Wide Web which cannot always be guaranteed as completely secure, and therefore, there would always remain certain inherent risks regarding use of the Services. 8.2. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your username, password, or other security information for your account with anyone. If we receive instructions using your username and password, we will consider that you have authorized the instructions for such use. 9. Permissible Age 9.1. The Services are not intended for users under the age of 18 (eighteen), unless permitted under applicable local laws (Permissible Age). We do not knowingly collect any personal information from users or market to or solicit information from anyone under the age of 18 and use of our Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. 9.2. If you are under the age of 18 years then you must use the Services under the supervision of your parent, or legal guardian. If we become aware that a person submitting personal information is under the age of 18 years, we will delete the account and any related information as soon as possible. 10. Data Retention 10.1. A user can close an account by visiting the profile settings page on our website. A user may request for deletion of its personal information by raising a request with the Grievance Officer as per the provisions of Section 14 of this Privacy Policy. Notwithstanding the foregoing, we reserve the right to retain your personal information in accordance with applicable laws, for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. We may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. We may archive information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations. We may also continue to retain your data in anonymised form for analytical and research purposes. 11. Job Applicants 11.1. If your information is submitted to us through our Service when applying for a position with the Company, the information will be used to consider your application. We may retain your information for any period of time. This information may be shared with other companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings. 12. Your Consent 12.1. By accessing or using the Services or by providing your information, you consent to the collection, use, storage, disclosure and otherwise processing of your information (including sensitive personal information) on the Services in accordance with this Privacy Policy. If you disclose to us any personal information relating to other people, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy. 12.2. You, while providing your personal information in relation to the Services or any partner platforms or establishments, consent to us (including our other corporate entities, affiliates, lending partners, CIC’s, technology partners, marketing channels, business partners and other third parties) to contact you through SMS, instant messaging apps, call and/or e-mail for the purposes specified in this Privacy Policy. 13. Changes to this Privacy policy 13.1. We reserve the right to amend this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, the features of our services, or advances in technology. Please check this page periodically for changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes to this Privacy Policy, we will post the changes here. Please review the changes carefully. Your continued use of the Services following the posting of changes to this Privacy Policy will constitute your consent and acceptance of those changes. 14. Contact us 15.1. If you have any queries relating to the processing/ usage of information provided by you or the Company’s Privacy Policy or if you would like to raise any other inquiries, you may email us at the contact information provided above under section 14 of this privacy policy. 5. User will not use Platform in any way that is unlawful, or harms the Company or any other person or entity; 6. User will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Application; 7. User will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; 8. User will not or attempt to delete or modify any content of Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos; 9. User will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest; 10. User shall not access Platform without authority or use Platform in a manner that damages, interferes or disrupts, any part of Platform or any equipment or any network on which Platform is stored or any equipment of any third party; 11. User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Platform by any means. User shall not probe, scan, or test the vulnerability of Platform nor breach the security or authentication measures on Platform or any network connected to Platform. 12. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of Platform or any transaction being conducted on Platform, or with any other person’s use of Platform. User may not use Platform or any of its content for any purpose that is unlawful or prohibited by this Agreement. 13. User shall at all times ensure full compliance with the applicable law, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. 14. In order to allow Company to use the information supplied by the Users, without violating any rights or any laws, Users agree to grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. Company will only use the information in accordance with this Agreement, applicable to use of Platform and for provision of Services. 2. Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if any User has failed to comply with any of the provisions of this Agreement. Company shall have all the rights to take necessary action and claim damages that may occur due to User’s involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking. 5. FAIR USAGE POLCY We always strive hard to provide the best experience to Our Users and Suppliers on the Platform in the best manner and aim to provide liberal customer friendly policies. To ensure that all Users use Our Platform in good faith, we keep track of user-behaviour which includes maintaining order history and other details relating to the manner of use of the Platform by the Users. In the event that any User abuses the Platform and/ or the policies stipulated by Us, including but not limited to, indication of any fraudulent or suspicious activity or misconduct on Our Platform, association with any such activity or behavior, or if Your Platform usage metrics are higher than the average rate on the Platform in relation to aspects such as claim rate, return rate, rate of refusal to accept the shipments and/or rate of cancellation after placing orders etc. In such cases, We and/or the Suppliers reserve the right to undertake action, which may include : 1. levying an additional fee on You, the details of which may be provided on Platform, and the fee may vary from customer to customer and shall be calculated based on various factors such as the nature and extent of breach and/or misuse, order history, location, etc.; 2. not extending certain benefits and policies of the Platform to You including but not limited to discontinuing COD options, blocking COD payment, blocking refund claims, restraining or refusing the option to return the product etc.; and/ or 3. blocking You from transacting on the Platform in case of continuation of breach or misuse of Platform policies by You and/or no improvement in Your Platform usage behaviour. In order to reduce any such additional fee levied on You or other actions taken against You as per the terms of this Policy, you shall continually strive to improve Your behaviour which can be done by You by using the Platform in good faith, adhering to Platform policies and improving Your Platform usage metrics. We and/or the Suppliers also reserve the right to provide certain additional benefits to such Users who use Our Platform in good faith and adhere to the Platform’s policies, based on Our and/or Supplier’s policies and discretion, which may include additional discounts, offers, giveaways, etc. 6. ACCURACY AND COMPLETENESS OF INFORMATION ON PLATFORM 6.1 What is the accuracy and completeness of all information displayed on the Platform? 1. Company takes all endeavours to the best of its efforts to keep information on the Platform accurate. However, the material and content on the Platform 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 timely sources of information. Reference to paragraph 6.2 below, User will agree that a majority of content including products displayed on Platform are provided by the respective Suppliers, who shall at all times be responsible for provision of information related to such products listed by them. Apart from reasonable checks to ensure general hygiene of Platform, Company does not exercise any control over such content or information. 2. Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. Company does not own any responsibility or obligation whatsoever towards ensuring the accuracy of the information provided by the Users. Any reliance on the material on Platform is at the Users’ own risk. 3. Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of Platform at any time but has no obligation to update any information on Platform. User is solely responsible to monitor changes to the information on Platform. No specified update or refresh date applied to Platform should be taken to indicate that all information on Platform or pertaining to the Services have been modified or updated. 4. Occasionally there may be information on Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. Company reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on Platform is inaccurate at any time without prior notice. 5. The Information is provided ‘as is’ with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing contained in this Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of User. 6.2 Is information related to products on Platform provided by the Company? 1. Not all information on the Platform is provided by Company. From time to time, Users who are Suppliers provide information relating to the products proposed to be sold by them and are hence responsible for the same. In this connection, Suppliers undertake that all such information shall be accurate in all respects. Suppliers are discouraged from and should not exaggerate or overemphasise the attributes of such products so as to mislead Users in any manner. 2. Company reserves the right, but has no obligation, to monitor the materials posted on Platform. Company, however, has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or the spirit of these Terms. In no event shall Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on Platform. 3. Suppliers take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warrantee/guarantee of the products sold to Users, and in no event shall such products be the responsibility of Company. Company does not represent or warrant that the information available on Platform will be correct, accurate or otherwise reliable. 4. Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Application, either provided by any User including Suppliers. 7. LISTING AND SELLING 7.1 As Supplier, in addition to this Agreement, what other terms is a User required to abide by? 1. Suppliers, in addition to this Agreement are also bound by applicable laws of India, including without limitation, the following laws: 1. The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules); 2. Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D&C Rules); 3. The Consumer Protection (E-Commerce) Rules, 2020; 4. Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation). 2. As per above mentioned statutes and regulations and any other relevant law in place during the tenure of this association, Company understands that there is an obligation on Supplier to ensure that the package in which the products are sold complies with labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of Supplier to comply with applicable laws and the Company shall not be held responsible in any manner. Suppliers shall indemnify Company and Platform for any harm or loss in relation to contravention of above regulations or other applicable laws. 7.2 When can the Suppliers get their products listed? 1. Suppliers are permitted to list products for sale on the Application in accordance with the terms mentioned in this Agreement and any other contract entered into with Company for the said purpose, wherein other rights and obligations of the parties are defined in detail. 2. By listing its products on the Platform, the Suppliers represent and warrant that they are legally capable to sell or list the products on Platform; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. For clarity Suppliers shall refrain from using any third party’s images available over any social media without such owner’s consent. Suppliers and Users agree that the Company is not responsible for the breach of the same. 8. USER INFORMATION AND THIRD-PARTY TOOLS/LINKS 8.1 What information is collected from the User? How does Company deal with the information provided to it by a User while using Platform? 1. Company collects various types of information, some information is non-personal information and some is personal information. 2. All information about Users that are collected, stored, or transmitted in any way on Platform is processed for facilitating various operations on Platform, including registration, order placement, listing, or payments. 3. For a more comprehensive understanding, Users are encouraged to view the Platform’s Privacy Policy available on the Platform. 8.2 Does the Company use Third Party tools on Platform? 1. The Company may provide User with access to third-party tools over the Platform which Company neither monitors nor has any control over. User acknowledges and agrees that access to such tools is on an ‘as is’ and ‘as available’ basis, without any warranties, representations or conditions of any kind and without any endorsement by Company. Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 2. Any use by the User of the optional tools offered through the Application/Platform is entirely at its own risk and discretion and it is the responsibility of User that it ensures that it is familiar with and approves the terms on which such tools are provided by the relevant third-party provider(s). 3. The Company may from time to time, offer new features through Platform which may include the use new third-party tools and resources. Such new features shall also be subject to this Agreement. Complaints, claims, concerns, or questions regarding third-party tools or third-party websites should be directed to the third-party. 8.3 Does Company use third-party links or third-party tools on Platform? Are these links and tools accurate and secure? 1. Certain content or products available via the Platform may include materials from third parties. Third-party links on the Application/Platform may direct User to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does 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. 2. Company is 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 regardless of the existence of any third-party link on Platform. Please review carefully such third-party’s policies and practices and make sure to understand them before engaging in any transactions. 9. INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT 9.1 Can User use the content published on Platform such as “Punarvi Designers” mark when doing business with other parties? 1. Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties. 2. “Punarvi Designers” and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited. 3. Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 4. Users must not use any part of the materials on Platform for commercial purposes without obtaining a licence to do so from Company. All rights, not otherwise claimed under this Agreement by Company are hereby reserved. 5. User understands that Platform and software embodied within Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company or other parties that facilitate the same. User agrees that it will not attempt to override, disable, circumvent, or otherwise interfere with any such security components and usage rules embedded in the Platform. 9.2 How does the Company deal with IP infringement? 1. Any trademark, word mark or intellectual property of any User(s) or Supplier(s) belongs to such User(s)/Supplier(s) alone, and Company has no right or claim over the same. 2. Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in Company’s reasonable belief is unlawful or could subject Company to liability or is in violation of this Agreement or is otherwise found inappropriate in the Company’s opinion. Company reserves the right to cooperate with any investigation in this regard. 3. Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event Company takes any of the actions pursuant to allegations of IP infringement. 4. Users acknowledge and agree that Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Supplier selling or supplying merchandise on the Platform has the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform, which, according to Users’ knowledge or belief infringe their rights or third-party rights. 5. The delisting of product from Platform is to safeguard Company’s interest, by taking down a listing, Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which Company declines to take down a listing, Company does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing. 6. We request you to review the Intellectual Property Policy available on the Application for more information. 10. DISCLAIMER AND LIABILITIES 10.1 What are the standard disclaimers in relation to the Platform and the Services? 1. Company, in no event, is or will be liable to User including the Reseller or anyone claiming through a User in respect of product or other User Transaction under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of Platform. 2. Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of Platform, or for any other claim related in any way to the use of the Application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Application/Platform or any content posted, transmitted, or otherwise made available via the Application/Platform, even if advised of their possibility. 3. Users shall be solely responsible for damages, if any, to their data system or for loss of data arising from download of content from Platform. No guidance or information, written or oral, obtained from Company or via the Platform, shall constitute any warranty, unless stated otherwise. 4. The Suppliers listing their products on the Platform are solely responsible for the accuracy of product information. Users shall solely be responsible for using the products in a safe and legal manner. The Company shall not assume any loss, claims, damages, or injury, that may arise from the violent or illegal use, or misuse of the product sold by the Suppliers over Platform. 10.2 What are the disclaimers regarding advertisements (including any information or offer thereunder) contained on, distributed through, or linked, downloaded, or accessed from Platform (“Advertisements”)? a. Advertisements in Platform are intended, solely to provide general information for the personal use of the User(s). The Company does not represent, warrant, or endorse in any manner the accuracy or reliability of the Advertisements. The Company accepts no responsibility or liability in relation to the Advertisements including without limitation on account of your use or reliance placed by you on such Subject Information. b. The Advertisements on the Platform are advertised/displayed at the behest of the advertisers. The Company does not by itself create such content and neither does it exercise any control over the content that is displayed by the advertisers. The advertisers are third parties over which Punarvi Designers does not have any direct or indirect control. The Company does not make any representation, warranty, recommendation, guarantee in respect of the content of the Advertisements as well as its subject matter and the products/services being advertised (including without limitation with respect to suitability, merchantability, reliability, availability or quality of the product/service) nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products/services which are subject matter of the advertisements or are referred therein. The Company accepts no liability for any error, inaccuracy or omission of third parties and advertisers in this regard. c. The correspondence or business dealings of Users with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. The Company 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 Platform. d. In the event, a link is displayed on the Advertisement and if you select to click on a link which leaves Platform, you will be redirected to a third-party website that is not owned, operated, or controlled by the Company or its affiliates. The link is provided solely for the convenience of the User and may assist the User in locating other useful information on the internet. The third-party website is governed exclusively by its respective policies over which we have no control. You bear the sole risk in proceeding to access the contents, products/services of the third-party website and links provided therein. e. The User shall not hold the Company responsible and the Company disclaims any liabilities, losses, damages, expenses, claims or injury arising out of or in connection with: (i) the advertisements displayed on Platform; (ii) contents of the Advertisement; (iii) representations and statements made by the advertiser; (iv) subject matter of the Advertisements and the products/services referred thereunder (including without limitation on account of suitability, merchantability, reliability, availability or quality of the product/service); and/or (v) Advertisement being misleading and/or not in compliance with applicable laws. 10.3 What are the disclaimers regarding advertisements (including any information or offer thereunder) of products listed on the Platform and shown on other media and forums (including print media, digital platforms etc.,) (“Other Advertisements”)? 1. The images of the products shown in Other Advertisements are for illustrative purposes and creative representation only and may vary from the actual products. 2. Unless otherwise mentioned, all the product related deals/discounts mentioned in Other Advertisements are offered by the participating sellers/brands to the total exclusion of the Company. 1. All Other Advertisements with details of starting prices for a product category are for reference only and the actual price of the product may vary. 1. The scenes, characters, references in brand films and videos are purely fictional and only for representational purposes. 1. The offers, discounts and other promotional offers displayed in Other Advertisements may vary for the customers based on factors relating to the customer such as usage of the platform, volume of transactions, time spent on the platform, city, place of residence, time, etc. 1. Punarvi Designers and/or the Suppliers reserves the right to amend or discontinue any of the offers/deals/discounts at their sole discretion and without any prior intimation to any User. 1. Punarvi Designers accepts no responsibility or liability for any inaccuracies in the data displayed in the Other advertisements. In respect to any data displayed in relation to the products sold on Punarvi Designers, please note that this number may not be the most recent number and may be aggregated over a period of time. 10.4 What happens to User order in case of a lockdown or other force majeure event? 1. Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. 2. Force majeure or other events beyond the Company’s control, hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice. 10.5 Under what circumstances may User be liable for any damages to Company? 1. User shall indemnify, defend, and hold harmless Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or in connection with: 1. User’s breach of this Agreement; 2. any claims made by any third party due to, or arising out of, or in connection with User’s use of Platform including by end users/consumers of Reseller(s); 3. the User’s violation of any rights of any third party, including intellectual property rights; and/or 4. the User’s violation of any applicable laws. 11. COMMUNICATION 11.1 How to contact Company in case of any queries regarding this Agreement or grievances relating to Platform? All queries, concerns or questions about the Agreement should be sent to Company at punarvidesignersvizag@gmail.com. this Agreement. 11.2 Consumer Protection Compliance In accordance with the Consumer Protection (E-Commerce) Rules, 2020, please find the required details: Legal name of the e-commerce entity: M/S. Punarvi Designers, Address: c/o ABHILASH ENCLAVE OPP.MANDI CROODS, CHINNA WALTARIR MAIN ROAD, VISAKHAPATNAM-17. Website: https://www.punarvidesigners.com Email Address: punarvidesignersvizag@gmail.com Nodal Officer: 11.3 How will the Company contact User? 1. All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible. 2. Notice to a User(s) shall be deemed to be received by such User(s) when sent at the address, email or other communication details provided by such User at the time of registration, whether in physical or electronic form or immediately upon publishing of such notice on an area of the Platform that is publicly accessible. 11.4 In case of a call from a person asking for access to User account registered with Company, what should User do? Company urges the Users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from Punarvi Designers.com domain. Please see our Anti Phishing communication available on the Platform. 11.5 Can User disclose its communication through calls with the Company to third parties? All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and recorded. 12. MISCELLANEOUS PROVISIONS APPLICABLE TO AGREEMENT 12.1 This Agreement is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts at Bangalore, India. 12.2 Company shall have the right to assign its obligations and duties in this Agreement to any person or entity. 12.3 The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 12.4 Platform is controlled and operated from India and Company makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside India is entirely at User’s sole risk and User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge and absolve Company from any liability or loss in this respect. 12.5 Company reserves the right to introduce and initiate new features, functionalities and components to Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform or charge for Service which were early free of cost, without any prior notice to User. |