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TERMS OF USE


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE


M/s Spatika Design Studio, (hereinafter referred to as Spatikawhich term shall be deemed to mean and include the proprietors, successors in business, employees, agents, assigns, commissioned contractors and legal heirs) provides an on-line platform for buying, selling and display of ethnic Indian garments, sarees, accessories and home furnishings (hereinafter referred to as ‘Products’) under the brand Spatika.


THE PROVISIONS GOVERNING THE USE OF WEBSITE : www.spatikadesignstudio.com


These Terms of Use set forth the legally binding terms of your use of the website www.spatikadesignstudio.com including all content available through the Spatika domain name (herein after collectively referred to as the ‘Website’) The Terms of Use apply to Browsers/Viewers and/or Members/Subscribers of the Company website. A Member/Subscriber may be a potential customer. The term Members/subscriber includes an individual, firm, association of persons, company who register with the website by creating an account with a unique email ID and password (Credentials) to access respective accounts. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Credentials or account to another party. The term Browser/Viewer means any individual, firm, company, association of persons who visit and browse the contents of the website and may or may not be potential customers. In case you choose to be a Browser/Viewer, you may be required to provide/share certain personal data which is governed by the Privacy Policy.


By browsing and/or subscribing to the Website, you signify your assent to the terms and conditions (Terms of Use) and the terms and conditions of the Privacy Policy of the Company's, which is published on the Website for reference. In addition, when using particular services provided by us such as viewing any content, or purchasing/returning/cancelling any order if any, you shall be subject to any additional guidelines or rules applicable to such services.


Kindly print these Terms of Use or save a copy of these Terms of Use for your records. If you do not agree to any of these terms, then please do not access or otherwise use this website or any other information contained in this website.


CHANGES


We reserve the right at any time to change the Terms of Use including but not limited to suspend/cancel, discontinue a service at any time without notice and make modifications and alterations in any or all of the content, products, features and services or change/charge any fees for use of the services contained on the Website without prior notice. You will be deemed to have accepted such change/s if you continue to access the Website subsequent to such changes. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions. Your continued use of the web site shall be deemed your consent to such changes.


ELIGIBILITY


You must be 18 years of age or older to visit or use Spatikain any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Spatika that You are 18 years of age or older, and that You have the right, authority and capacity to use the Web Site and agree to and abide by these Terms of Use. You also represent and warrant to Spatika that You will use the Website.in in a manner consistent with any and all applicable laws and regulations.


LICENSE and WEBSITE ACCESS


Spatika grants you a limited license to access the Website for personal use. This permission does not include any 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 or its resale thereof. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Spatika's sole discretion) an unreasonable or disproportionately large load on Spatika infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Spatika to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or limited license granted to you by Spatika.


THIRD PARTY WEBSITES


The Website may contain links to third party websites that are not owned or controlled by Spatika. Spatika has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Spatika will not and cannot censor or edit the content of any third party site. By using third party website, you expressly relieve Spatika from any and all liability arising from your use of this Website and any third party website as aforesaid.


OWNERSHIP OF CONTENTS and INTELLECTUAL PROPERTY RIGHTS


The trademarks, service marks, and logos of Spatika ("Spatika Trademarks") used and displayed on the Website whether registered and/or unregistered trademarks or service marks are the proprietary of Spatika. The Website also contains material, such as software, text, graphics, images, photographs,designs, sound recordings, audio-visual works, and other material provided by or on behalf of Spatika (collectively referred to as the "Content"). The Content includes Product Descriptions, Product Pricing, Product images. The Content and the related copyright in the content(Spatika Copyright) is owned by Spatika. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from Spatika. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited, and Spatika is at the liberty to take appropriate and/or seek injunctive relief from the Courts to restrain any misuse.


If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.


Nothing in these Terms of use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Spatika Trademarks, Spatika Copyrights, without Spatika's prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Spatika in writing. All goodwill generated from the use of the Spatika Trademarks accruesto Spatika's benefit. The Designs of the Products displayed on the website have been conceived for or by Spatika and all copyright in the Designs and the artwork vests with Spatika. Spatika may also display an assembly of coordinated Products and the construction of such assembly of Products has been conceived by Spatika. Any unauthorized use of the Product designs, assembly of the Products, photographs of Products would make you liable for copyright infringement.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT


Viewers/Members may post reviews, comments, and other content; send e-Gift Cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Spatika reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.


If you do post content or submit material, and unless we indicate otherwise, you grant Spatika a non exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Spatika and its affiliates and sub licensees the right and discretion to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Spatika or its affiliates for all claims resulting from content you supply and further indemnify Spatika against all loss, penalty, that Spatika may become liable as a result of such wrongful use by you.. Spatika has the right but not the obligation to monitor and edit or remove any activity or content. Spatika takes no responsibility and assumes no liability for any content posted by you or any third party.


THE PRODUCTS and PRICING :


Product Availability


Spatika has the sole discretion to make available Products in the colors, sizes and fabrics of their choice. Further ,Spatika has the sole discretion to price the product available on the Website. The pricing information relating to the product shall be disclosed at the time of your purchase.While Spatika strives to provide accurate information relating to products, services including pricing information, typographical and other errors may occur. In the event that a product or service is listed with incorrect price or with incorrect information due to an error, Spatika may, at its discretion, contact you for instructions or cancel your order and notify you of such cancellation. Spatika will have the right to modify the price of the product. If you are interested in a product which is currently not in stock, you can email info@spatikadesignstudio.com and Spatika will inform you when and whether the Product will be back in Stock. There may be a likelihood of the Product or the size requested for, going out of stock because of the sudden surge of orders and Spatika may be unable to post timely notifications of non- availability of the product. In case of Products not being available at the time of purchase/return, Spatika will not be liable for the non-availability of the Products and Spatika is not under any obligation to comply with the order if the Product is out of stock. If this happens after you have received the dispatch confirmation email,for that Product, Spatika will contact you directly to discuss possible options (please see Cancellation Policy).


If you purchase a Product with a listed price that is lower than its actual price, Spatika will, at its discretion, either contact you to notify you of the correct price before shipping/dispatch the Product or cancel the order and notify you of such cancellation. If the order has been shipped/dispatched, you agree to either return the Product or pay the difference between the actual and charged prices.


Spatika does not negotiate prices on Spatika Products


Product Descriptions


Spatika makes every attempt to ensure that Spatika's online catalogues/ensembles/Product images is as accurate and complete as possible. To give you the opportunity to view the Products in great detail, some Products may appear larger or smaller than their actual size in Spatika's photographs; and since every computer monitor is set differently, color and size may vary slightly.


Spatika's objective is to provide you with as much information and detail about your prospective purchase as possible so that you can get the details of a particular item.


Spatika does not prefer comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.


PAYMENT MODES AND INFORMATION ON PLACING THE ORDERS


The following options are available for making payment against purchase:


i. Cash on Delivery


ii. Credit Card/Debit Card


iii. Internet Banking/Mobile banking


Payment by credit card/debit card/internet banking/mobile banking are subject to the terms and conditions and privacy policy of the payment gateway. Spatika has no control over information shared with the payment gateway, and is not liable for any misuse of information shared with the payment gateway.


When an order is placed you will receive the following by way of order,dispatch and delivery confirmation:


!. When an order is placed you will receive the following by way of order,dispatch and delivery confirmation:


!!. Dispatch Confirmation No. A Number that will be generated on dispatching the Product.


!!!. Delivery Confirmation No. A Number that will be generated on having the Product delivered to your address .



CANCELLATION POLICY


1) In case of any discrepancy Spatika may cancel any of the orders within 2 days of sending out the order confirmation email. A few reasons for cancellation from our end usually include limitation of the product in the inventory, error in pricing, error in product information etc. Spatika also has the right to check out for extra information for the purpose of accepting orders in a few cases. Spatika makes sure to notify you if in case your order is cancelled partially or completely or if in case any extra data is required for the purpose of accepting your order.


2) An order can be cancelled from your end within 2 days of the receipt of the order confirmation email No order for cancellation will be entertained if received after 2 days from the receipt of the order confirmation email. Once the request of cancellation is received by Spatika, we make sure to refund the amount by transferring the money to the bank account within 20 working days.


3) If in case the amount is deducted from your account and the transaction has failed, the same will be refunded back to your account within 72 hours.


4) Spatika shall not be liable for any failed transaction during the process of payment. You will have to get in touch with the Payment Gateway or your Bank as the case may be for the refund/processing of the failed transaction. Spatika will assist in providing any confirmation or proof of failed transaction it may have for this purpose.


WARRANTIES


The nature of the Product is such that there is no Warranty on the Product. All drying/washing instructions are provided along with the Product. Spatika represents that they use good quality fabric, threads, trims, and fasteners .These are sourced from third parties and hence Spatika does not give any warranty on such items used in the Product.


Spatika makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website and the uninterrupted operability of the Website. You agree that the use of the Website and all the contents made available to your through the Website is at your own risk.


WEBSITE SITE RESTRICTIONS


Users shall not use the Website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation any content on the Website


1. In violation of any applicable law or regulation.


2. In a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others.


3. That belongs to another person and to which the User does not have any right to.


4. That is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating to/or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.


5. Harm minors in any way.


6. Deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature.


7. Impersonate another person or entity.


8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of customer's computer systems or Website.


9. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.


Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:


1. accessing data not intended for such User or logging into a server or account which the user is not authorized to access


2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization


3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any website, overloading, "flooding", "spamming", "mail bombing" or "crashing"


REGISTRATION INFORMATION


When the User/Subscriber and registers with Spatika, certain information will be required to be provided by them, including without limitation, a valid name, address, contact number, email ID. The Registration services are free of charge. In addition to the Terms of Use and Privacy Policy, you agree that Spatika may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Spatika will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.


The User/Subscriber is responsible for maintaining the password and confidentiality of the account access information. The User/Subscriber shall be responsible for their use of the Website registrations whether or not authorized by them. The Users/Subscribers are not authorized to share their password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the Account. The User/Subscriber agrees to immediately notify Spatika of any unauthorized use of your Account, and passwords and any change in the Registration details therein.


LIABILITY DISCLAIMER:


Spatika shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the Website, your or your company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission in the Product, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption.


Spatika shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time


Spatika will not be held liable for any personal injury or property damage of any nature resulting from the access and use of the Website, or due to any virus, bug or other interruption or cessation from the Website caused due to third party.


Spatika will not be liable for any indulgence of cyber stalking, acts amounting to cyber crime, doing of any act which amounts to a nuisance or any other act violating any provisions of the law for the time being in force.


Spatika shall not be held liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide access to the Website while interruption of the Website is due to any such cause shall continue.


Spatika shall not be held liable for any loss, damage or claim arising from any change in registration information, or resulting from any unauthorized use of User/ Subscribers account and passwords or from acting on any information posted by User or Subscriber


INDEMNITY


The user/subscriber and viewers agree to defend, indemnify and hold harmless Spatika, its affiliates, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including attorney's fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature arising from: (i) your use of and access to the Website; (ii) the violation or non- compliance of any term of these Terms of Use; (iii) the violation of any third party right, including without limitation any copyright, intellectual property right, or privacy right; or damage or loss to any Product forwarded by you to Spatikafor return/buyback. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.


We reserve the right to disclosure of any personal information about the user/subscriber and viewer and the use of the Website including its contents, without their prior permission if Spatika has a good faith belief that such action is necessary to:


1. conform to legal requirements or comply with legal process;


2. protect and defend our rights or property;


3. enforce the Terms of Use;


ASSIGNMENT


These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction


JURISDICTION


These Terms of Use shall be governed by and construed in accordance with the laws of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Chennai, India