Terms & Conditions
Terms
of use:
“Pikaaya” is a trademark of
“Ridhab Techno Private Limited” (RTPL), a company incorporated under the
Companies Act, 2013 with its registered office at 134, Khadwal, Jammu-181102,
J&K, India.
The Company owns the domain name www.pikaaya.com.
As a visitor to the Site,
you are advised to read the Terms &
Conditions carefully. By accessing the services provided by the Site you agree
to the terms provided in this Terms & Conditions document.
Personal Information:
As part of the registration
process on the Site, “Ridhab Techno Private Limited”,
may collect the following personally
identifiable information about you: Name including first and last name,
alternate email address, mobile phone number and contact details, Postal code,
Demographic profile (like your age, gender, occupation, education, address
etc.) and information about the pages on the site you visit/access, the links
you click on the site, the number of times you access the page and any such
browsing information.
Acceptance
of terms:
Thank you for using “Pikaaya”. These Terms
of Use (the "Terms") are intended to make you aware of your legal
rights and responsibilities with respect to your access to and use of
the Pikaaya website at www. pikaaya.com (the
"Site") and any related mobile or software applications
("Pikaaya Platform") including but not limited to delivery of
information via the website whether existing now or in the future that links to
the Terms (collectively, the "Services").
These Terms are effective for all existing and future Pikaaya customers. By
accessing this site (hereinafter the “Marketplace”), you agree to be bound by
the same and acknowledge that it constitutes an agreement between you and the
Company (hereinafter the “User Agreement”). You may not use the Services if you
do not accept the Terms or are unable to be bound by the Terms. Your use of the
Pikaaya Platform is at your own risk, including the risk that you might be
exposed to content that is objectionable, or otherwise inappropriate.
This
document is published in accordance with the provisions of Rule 3 of the
Information Technology (Intermediaries Guidelines) Rules, 2011. The User
Agreement may be updated from time to time by the Company without notice. It is
therefore strongly recommended that you review the User Agreement, as available
on the Marketplace, each time you access and/or use the Marketplace.
The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person
visiting, accessing, browsing through and/or using the Marketplace at any point
in time.
Services
Overview:
The Marketplace is a platform for domestic
consumers to transact with third-party sellers, who have been granted access to
the Marketplace to display and offer products for sale through the Marketplace.
For abundant clarity, the Company does not provide any services to users other
than providing the Marketplace as a platform to transact at their own cost and
risk, and other services as may be specifically notified in writing.
The Company is not and cannot be a party to any transaction between you and the
third-party sellers, or have any control, involvement, or influence over the
products purchased by you from such third-party sellers or the prices of such
products charged by such third-party sellers. The Company therefore disclaims
all warranties and liabilities associated with any products offered on the
Marketplace.
Services on the Marketplace are available to only select geographies in J&K,
and are subject to restrictions based on business hours and days of third-party
sellers.
Transactions through the Marketplace may be subject
to a delivery charge where the minimum order value is not met. You will be
informed of such delivery charges at the stage of check-out for a transaction
through the Marketplace.
Transactions
through the Marketplace may be subject to a convenience & safety fee.
You will be informed of such convenience & safety fees at the
stage of check-out for a transaction through the Marketplace.
Eligibility to Use:
Services of the Site would be available
to only select geographies in J&K. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including minors,
un-discharged insolvents, etc. are not eligible to use the Site.
However, if you are a minor, i.e.
under the age of 18 years, you may use/access the Marketplace under the
supervision of an adult parent or legal guardian who agrees to be bound by
these Terms of Use. You are however prohibited (even under provision) from
purchasing any product(s) which is for adult consumption, the sale of which to
minors is prohibited.
License & Site Access:
RTPL
grants you a limited sub-license to access and make personal use of this site
and not to download (other than page caching) or modify it, or any portion of
it, except with express written consent of RTPL. This license does not include
any resale or commercial use of this site or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of
this site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without the express written
consent of RTPL. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of the Site or of RTPL and its affiliates without express
written consent. You may not use any meta tags or any other "hidden
text" utilizing the Site’s or RTPL’s name, or trademarks without the
express written consent of RTPL. Any unauthorized use terminates the permission
or license granted by RTPL.
Account & Registration Obligations:
All shoppers have to register and log in
for placing orders on the Site. You have to keep your account and registration
details current and correct for communications related to your purchases from
the site. By agreeing to the terms and conditions, the shopper agrees to
receive promotional communication and newsletters upon registration. The
customer can opt-out either by unsubscribing in "My Account" or by
contacting the customer service.
Pricing:
The
Company aims to ensure that the prices of all products offered for sale are
true and correct. However, from time to time, the prices of certain products
may not be current or may be inaccurate on account of technical issues,
typographical errors or incorrect product information provided to the Company
by third-party sellers. In each such case, notwithstanding anything to the
contrary, the Company reserves the right to cancel the order without any
further liability.
Subject to the foregoing, the price mentioned at the time of ordering a product
shall be the price charged at the time of delivery, provided that no product
offered for sale on the Marketplace will be sold at a price higher than its MRP
(maximum retail price).
Return, Cancellation &
Refunds:
Return:
You may return the Product
in an order, subject to the following, conditions:
a. Wrong item being
delivered other than what You had ordered in an order or
b. Items substantially
damaged or deteriorated in quality at the time of delivery.
c. You agree that You shall
give Us all the requisite proofs including but not limited to images of
Products having issues
d. You shall check the
Products upon delivery and initiate an exchange or return with the requisite
proofs on the Platform. You may exchange or return the product by contacting
Our customer care also. IT IS HEREBY CLARIFIED THAT NO EXCHANGE OR RETURNS SHALL
BE ACCEPTED IF THE PRODUCT PACKAGING IS OPENED OR THE PRODUCT IS USED/CONSUMED
EITHER IN PART OR OTHERWISE
e. You may request exchange
or return the Products, purchased from Us provided the Products are
sealed/unopened/unused and in original condition and on the same day of
delivery. Please note, that requests for exchange or returns will not be
accepted from the day following the day when We had delivered the Product/s to
You.
Cancellation by Site / Customer:
You may cancel an order without charge at any time
before the Company accepts the order. You cannot cancel the order post
acceptance of the order by the Company. The Company may cancel an order (in
full or partially) for the reasons including shortage or unavailability of
certain Products or force majeure events. In case the Company cancels any
order, You will not be charged for such cancellations, and the Company will
refund You for any payment already made.
If we suspect any fraudulent
transaction by any customer or any transaction which defies the terms &
conditions of using the website, we at our sole discretion could cancel such
orders. We will maintain a negative list of all fraudulent transactions and
customers and would deny access to them or cancel any orders placed by them
Refunds:
Please be informed that when You opt to cancel
or return the Products, upon our verification of the Products and the documents
relating thereto, the refund amount for such Products which are eligible for
return as per these Terms, will be processed within a period of seven (7)
business days from the date of us verifying and confirming the refund request.
Your refund will be processed only when the conditions as may be stipulated by
Us are fulfilled. The refund amount will be credited to the source account or
in the Pikaaya Wallet as may be chosen by You. You acknowledge that after
initiation of refund, it may take additional time for Your refund to reflect in
Your account which is subject to Your financial institution or payment gateway
service provider's terms and conditions.
Note: The terms for acceptance of returns,
cancellation and refunds shall be subject to reasonable additional conditions
and shall be communicated to the User, from time to time, through the push
notifications on the Platform, or any other mode of communication as specified
in these Terms or as determined by the Company.
You
agree & confirm:
· That
in the event any product delivery is delayed or is returned from its
destination on your account (e.g., providing the wrong name or address or other
incorrect/misleading information), any additional costs incurred by the Company
for re-delivery of the product(s) shall be borne by you
· That
while the Company makes best endeavors to ensure that Products are delivered to
you within the period reflected at the time of placing the order, the Company
does not make any representation, guarantee or warranty in relation to the
delivery time as the estimated delivery time may be changed without notice and
there could be delays for reasons beyond the reasonable control of the Company.
Further you extinguish our responsibility if a request is made by you for
unattended delivery
· You
agree to use the services provided by the Company for lawful purposes only and
comply with all applicable laws and regulations while using/accessing and
transacting on the Marketplace
· You
will provide authentic and true information in all instances where any
information is requested of you. The Company reserves the right to confirm and
validate the information and other details provided by you at any point of time
· If
at any time, the information provided by you is found to be false or inaccurate
(wholly or partly), the Company shall have the right in its sole discretion to
reject registration, cancel all orders, and debar you from using its services
and other affiliated services in the future without any prior intimation
whatsoever, and without any liability to you
· You
are accessing the services made available by the Company and transacting at
your sole risk and are using your best and prudent judgement before entering
any transaction through the Marketplace
· Before
placing an order, you acknowledged to have checked and reviewed the product
description carefully and in sufficient detail. By placing an order on the
Marketplace, you agree to be bound by the conditions of sale included in the
item’s description without exception
· Notwithstanding
the right of the Company on cancellation of the order, any Product in the order
may be replaced by the Company in case of unavailability or for other reasons
outside the control of the Company, subject to you may refuse to accept such
replacement/substitute product. For such cancellations, the Company will
initiate a refund, if any, on the order/product, if any, made by you under the
relevant order within 72 hours
You may not use the Site for any of the following purposes:
·
Disseminating any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable
material.
·
Transmitting material that encourages conduct that
constitutes a criminal offence or results in civil liability or otherwise
breaches any relevant laws, regulations or code of practice.
·
Gaining unauthorized access to other computer
systems.
·
Interfering with any other person's use or
enjoyment of the Site.
·
Breaching any applicable laws;
·
Interfering or disrupting networks or websites
connected to the Site.
·
Making, transmitting, or storing electronic copies
of materials protected by copyright without the permission of the owner.
Colours:
We have made every effort to
display the colours of our products that appear on the Website as accurately as
possible. However, as the actual colours you see will depend on your monitor,
we cannot guarantee that your monitor's display of any colour will be accurate.
Modification of Terms & Conditions of Service:
RTPL may at any time modify the Terms & Conditions of Use of
the Website without any prior notification to you. You can access the latest
version of these Terms & Conditions at any given time on the Site. You
should regularly review the Terms & Conditions on the Site. In the event
the modified Terms & Conditions is not acceptable to you, you should
discontinue using the Service. However, if you continue to use the Service you
shall be deemed to have agreed to accept and abide by the modified Terms &
Conditions of Use of this Site.
Governing Law and Jurisdiction:
This
User Agreement shall be construed in accordance with the applicable laws of
India. The Courts at Jammu shall have exclusive jurisdiction in any proceedings
arising out of this agreement. Any dispute or difference either in
interpretation or otherwise, of any terms of this User Agreement between the
parties hereto, the same shall be referred to an independent arbitrator who
will be appointed by RTPL and his decision shall be
final and binding on the parties hereto. The above arbitration shall be in
accordance with the Arbitration and Conciliation Act, 1996 as amended from time
to time. The arbitration shall be held in Jammu. The High Court of Judicature
at Jammu alone shall have the jurisdiction and the Laws of India shall apply.
Reviews,
Feedback, Submissions:
All
reviews, comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to the Site on or by this Site or
otherwise disclosed, submitted or offered in connection with your use of this
Site (collectively, the "Comments") shall be and remain the property
of RTPL. Such disclosure, submission or offer of any Comments shall constitute
an assignment to RTPL of all worldwide rights, titles, and interests in all
copyrights and other intellectual properties in the Comments. Thus, RTPL owns
exclusively all such rights, titles, and interests and shall not be limited in
any way in its use, commercial or otherwise, of any Comments.
RTPL
will be entitled to use, reproduce, disclose, modify, adapt, create derivative
works from, publish, display and distribute any Comments you submit for any
purpose whatsoever, without restriction and without compensating you in any
way.
RTPL
is and shall be under no obligation (1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or (3) to respond to any
Comments. You agree that any Comments submitted by you to the Site will not
violate this policy or any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s), and will not
cause injury to any person or entity. You further agree that no Comments
submitted by you to the Website will be or contain libelous or otherwise
unlawful, threatening, abusive or obscene material, or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings or any form of "spam". Please note all reviews submitted by
customers are subject to checks and moderation by our Content Team.
RTPL
reserves the right to moderate as well as publish/not publish the reviews. RTPL
reserves the right to solicit or withhold reviews and ratings with no
liability. RTPL reserves the right to accept, reject, moderate, monitor &
edit or remove any comment. You grant RTPL the right to use the name that you
submit in connection with any Comments. You agree not to use a false email
address, impersonate any person or entity, or otherwise mislead as to the
origin of any Comments you submit. You are and shall remain solely responsible
for the content of any Comments you make, and you agree to indemnify RTPL and
its affiliates for all claims resulting from any Comments you submit. RTPL and
its affiliates take no responsibility and assume no liability for any Comments
submitted by you or any third party.
Copyright
& Trademark:
RTPL
and its suppliers and licensors expressly reserve all intellectual property
rights in all text, programs, products, processes, technology, content, and
other materials, which appear on this Site. Access to this Website does not
confer and shall not be considered as conferring upon anyone any license under
any of RTPL or any third party's intellectual property rights. All rights,
including copyright, in this website, are owned by or licensed to RTPL. Any use
of this website or its contents, including copying or storing it or them in
whole or part, other than for your own personal, non-commercial use is
prohibited without the permission of RTPL.
You
may not modify, distribute or re-post anything on this website for any purpose.
The names and logos and all related product and service names, design marks and
slogans are the trademarks or service marks of RTPL, its affiliates, its
partners or its suppliers. All other marks are the property of their respective
companies. No trademark or service mark license is granted in connection with
the materials contained on this Site. Access to this Site does not authorize
anyone to use any name, logo or mark in any manner. References on this Site to
any names, marks, products or services of third parties or hypertext links to third-party
sites or information are provided solely as a convenience to you and do not in
any way constitute or imply RTPL endorsement, sponsorship or recommendation of
the third party, information, product or service.
RTPL
is not responsible for the content of any third-party sites and does not make
any representations regarding the content or accuracy of material on such
sites. If you decide to link to any such third-party websites, you do so
entirely at your own risk. All materials, including images, text,
illustrations, designs, icons, photographs, programs, music clips or downloads,
video clips, and written and other materials that are part of this Website
(collectively, the "Contents") are intended solely for personal,
non-commercial use. You may download or copy the Contents and other
downloadable materials displayed on the Website for your personal use only. No
right, title, or interest in any downloaded materials or software is
transferred to you as a result of any such downloading or copying. You may not
reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any sale of or
exploit in any way, in whole or in part, any of the Contents, the Website or
any related software. All software used on this Website is the property of RTPL
or its licensees and suppliers and is protected by Indian and international
copyright laws. The Contents and software on this Website may be used only as a
shopping resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of the
Contents on this Website is strictly prohibited. Unless otherwise noted, all
Contents are copyrights, trademarks, trade dress, and/or other intellectual
property owned, controlled, or licensed by RTPL, one of its affiliates,
or by third parties who have licensed their materials to RTPL and are protected
by Indian and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Contents on this Website is the
exclusive property of RTPL and is also protected by Indian and international
copyright laws.
Objectionable
Material:
You
understand that by using this Site or any services provided on the Site, you
may encounter Content that may be deemed by some to be offensive, indecent, or
objectionable, which Content may or may not be identified as such. You agree to
use the Site and any service at your sole risk and that to the fullest extent
permitted under applicable law, RTPL and its affiliates shall have no liability
to you for Content that may be deemed offensive, indecent, or objectionable to
you.
Indemnity:
You
agree to defend, indemnify, and hold harmless RTPL its employees, directors,
officers, agents, and their successors and assigns from and against any and all
claims, liabilities, damages, losses, costs and expenses, including attorney's
fees, caused by or arising out of claims based upon your actions or inactions,
which may result in any loss or liability to RTPL or any third party including
but not limited to the breach of any warranties, representations or
undertakings or in relation to the non-fulfillment of any of your obligations
under this User Agreement or arising out of your violation of any applicable
laws, regulations including but not limited to Intellectual Property Rights,
payment of statutory dues and taxes, claim of libel, defamation, violation of
rights of privacy or publicity, loss of service by other subscribers and
infringement of intellectual property or other rights. This clause shall
survive the expiry or termination of this User Agreement.
Termination:
This
User Agreement is effective unless and until terminated by either you or RTPL.
You may terminate this User Agreement at any time, provided that you
discontinue any further use of this Site. IRCPL may terminate this User
Agreement at any time and may do so immediately without notice, and accordingly
deny you access to the Site, such termination will be without any liability to
RTPL. Upon any termination of the User Agreement by either you or RTPL,
you must promptly destroy all materials downloaded or otherwise obtained from
this Site, as well as all copies of such materials, whether made under the User
Agreement or otherwise. RTPL 's right to any Comments shall survive any
termination of this User Agreement. Any such termination of the User Agreement
shall not cancel your obligation to pay for the product already ordered from
the Website or affect any liability that may have arisen under the User
Agreement.
