Terms & Conditions


This document is an electronic record in terms of Information TechnologyAct, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by theInformation Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules,2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.pothysswarnamahal.com website.

The domain name www.pothysswarnamahal.com (hereinafter referred to as 'Website') is owned by POTHYS SWARNAMAHAL PRIVATE LIMITED a company incorporated under the Companies Act, 1956 with its registered office at No# SKCL Harmony Square | Prakasam Street | T. Nagar | Chennai Pin 600017 | Ph +914440747576. (hereinafter referred to as 'pothys swarnamahal').

Your use of the Website and services and tools are governed by the following terms and conditions ('Terms of Use') as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If Youtransact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with POTHYS SWARNAMAHAL PRIVATE LIMITED and these terms and conditions including the policies constitute your binding obligations, with Pothys Swarnamahal.

For the purpose of these Terms of Use, wherever the context so requires'Youor'User'shall means any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website asRegistered User using the computer systems. Pothys Swarnamahal allows the User to surf the Website for making purchases without registering on the Website. The term 'We', 'Us', 'Our' shall mean Pothys Swarnamahal.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service,and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use,at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFOREPROCEEDING.By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Pothys Swarnamahal Policies (including but not limited toPrivacy Policy available on /s/privacy policy) as amended from time to time.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors,un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Pothys Swarnamahal website and shall not transact on or use the website. As a minor if you wish to use or transact on a website, such use or transaction may be made by your legal guardian or parents on the Website. Pothys Swarnamahal reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to pothysswarnamahal's notice or if it is discovered that you are under the age of 18years.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by other modes of communication,electronic or otherwise.

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

1.Lack of authorization for any transaction/s, or2.Exceeding the pre-set limit mutually agreed by You and between 'Bank/s', or3.Any payment issues arising out of the transaction, or4.Decline of transaction for any other reason/sAll payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Website.

Before shipping/delivering your order to you, Pothys Swarnamahal may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

a)You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Pothys Swarnamahal to purchase the products and /or services from the Pothys Swarnamahal using the PaymentFacility, and You shall pay the Transaction Price through Your Issuing Bank to Pothys Swarnamahal using Payment Facility.

b)You, as a Buyer, may agree with the Pothys Swarnamahal through electronic communication and electronic records and using the automated features may be provided by Payment Facility on any extension / increase in theDispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

c)You, as a Buyer, shall electronically notify Payment Facility using the appropriate Pothys Swarnamahal Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of thatTransaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.

d)You, as a Buyer, shall be entitled to claim a refund of the TransactionPrice (as Your sole and exclusive remedy) in case You do not receive theDelivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time then this would make You ineligible for a refund.

e)You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.

f)Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.g)For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer).

h)Refund shall be made in Indian Rupees only and shall be equivalent to theTransaction Price received in Indian Rupees.

i)For electronic payments, refunds shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

j)Refund shall be conditional and shall be with recourse available to Pothys Swarnamahal in case of any misuse by Buyer.

k)Refund shall be subject to Buyer complying with Policies.

Further

1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Pothys Swarnamahal and payment facility is merely used by the Buyer and Pothys Swarnamahal to facilitate the completion of the Transaction. Use of the payment facility shall not render Pothys Swarnamahal liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on pothysswarnamahal's Website.

2. You have specifically authorized Pothys Swarnamahal or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Pothys Swarnamahal is on a principal to principal basis and by accepting these Terms of Use you agree that Pothys Swarnamahal is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Pothys Swarnamahal's Website that are paid for by using the Payment Facility. Pothys Swarnamahal does not guarantee the identity of any User nor does it ensure that a Buyer or a PothysSwarnamahal will complete a transaction.

3. You understand, accept and agree that the payment facility provided by Pothys Swarnamahal is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactionson the Pothys Swarnamahal Website using the existing authorized banking infrastructure andCredit Card payment gateway networks. Further, by providing Payment Facility, Pothys Swarnamahal is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Disclaimer

Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error on product information published by Pothys Swarnamahal may be incorrectly reflected and in such an event Pothys Swarnamahal may cancel suchyour order(s).

This Website, all the materials and products and services, included on or otherwise made available to Youthrough this site are provided on 'as is' and 'as available' basis without any representation or warranties, express or implied except otherwise specified inwriting. Without prejudice to the forgoing paragraph, Pothys Swarnamahal does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

Terms & Conditions for use of site

BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:

1.You are 18 years of age or older and that your use of the Website and /or Services shall not violate any applicable law or regulation.

2.All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.

3.Your membership is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

4.Your personal and non-commercial use of this Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content

5.You will not (a) use any product or service available on the Website and / Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website and / or Services in any way that is unlawful, or harms Pothys Swarnamahal or any other person or entity, as determined in the pothysswarnamahal's sole discretion.

6.You 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 Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or Services

7.You will not engage in any form of antisocial, disrupting, or destructive acts, including 'flaming,''spamming,''flooding,''trolling,''phishing' and 'griefing' as those terms are commonly understood and used on the Internet.

8.You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

9.pothysswarnamahal cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and Pothys Swarnamahal, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

10.All information, content and material contained in the Website and / or Services are Pothys Swarnamahal's copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to Pothys Swarnamahal. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Pothys Swarnamahal 's express written permission

11.You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by Pothys Swarnamahal and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that Pothys Swarnamahal is not responsible for those sites. Pothys Swarnamahal reserves the right to disable links from third-party sites to the Website, although Pothys Swarnamahal is under no obligation to do so.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT

THE INFORMATION, CONTENT AND MATERIALS ON THIS WEBSITE AND / OR SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. Pothys Swarnamahal AND ALL ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES ON MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

POTHYS SWARNAMAHAL MAKES ALL REASONABLE EFFORTS TO DISPLAY THE PRODUCTS LISTED FOR SALE ON ITS WEB SITE(S) AS ACCURATELY AS POSSIBLE. HOWEVER, POTHYS SWARNAMAHAL CANNOT GUARANTEE THAT YOUR MONITOR'S DISPLAY OF ANY PRODUCT COLOR, TEXTURE OR DETAIL WILL BE ACCURATE. POTHYS SWARNAMAHAL DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT ARE ACCURATE, COMPLETE, RELIABLE CURRENT OR ERROR FREE. WHILE POTHYS SWARNAMAHAL MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS ARE DESCRIBED AND PRICED ACCURATELY, IN THE EVENT THAT AN ITEM IS DEEMED TO BE PRICED INCORRECTLY, POTHYS SWARNAMAHAL RESERVES THE RIGHT TO REFUSE THE SALE OF THAT ITEM.

POTHYS SWARNAMAHAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN CONTENT, INFORMATION AND MATERIALS ON THE WEBSITE AND / OR SERVICES, INCLUDING, WITHOUT LIMITATION ANY THIRD PARTY SITES OR SERVICES LINKED TO THE WEBSITE AND / OR SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT THE DEFECTS WILL BE RECTIFIED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT, INFORMATION AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE AND / OR SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD TO YOUR COMPUTER SYSTEM.

YOU HEREBY INDEMNIFY, DEFEND, AND HOLD POTHYS SWARNAMAHAL, POTHYS SWARNAMAHAL'S DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES' RESPECTIVE, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES AND COSTS ARISING FROM YOUR USE OF THE WEBSITE.

YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO: (i) THE USE OR THE INABILITY TO USE THE WEBSITE AND / OR SERVICES; OR (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE AND / OR SERVICES OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND / OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.

POTHYS SWARNAMAHAL OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE RELIEVED OF ALL ITS RESPONSIBILITIES, IF ANY, IN THE EVENT OF FAILURE OF PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND THE COMPANY'S REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOUR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, NATURAL DISASTERS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF THE COMPANY OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND / OR SERVICES AND ANY OTHER WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE WEBSITE IN AN ACCURATE OR TIMELY MANNER.

EACH PARAGRAPH, CLAUSE, SUB-CLAUSE AND PROVISION OF THIS TERMS OF USE SHALL BE SEVERABLE FROM EACH OTHER AND IF FOR ANY REASON ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION IS INVALID OR UNENFORCEABLE, SUCH INVALIDITY OR ENFORCEABILITY SHALL NOT PREJUDICE OR IN ANY WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, WHICH SHALL BE READ AND CONSTRUED SO AS TO GIVE THERETO, THE FULL EFFECT THEREOF, SUBJECT ONLY TO ANY CONTRARY PROVISION OF THE LAW TO THE EFFECT THAT WHERE THIS PROVISION OF THIS TERMS OF USE OR ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION HEREOF WOULD BE BUT FOR THE PROVISIONS OF THIS PARAGRAPH READ AND CONSTRUED AS BEING VOID OR INEFFECTIVE IT SHALL NEVERTHELESS BE A VALID TERMS OF USE, PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, AS THE CASE MAY BE, TO THE FULL EXTENT TO WHICH IT IS NOT CONTRARY TO ANY PROVISION OF THE LAW.

THOSE WHO ACCESS THE WEBSITE AND / OR SERVICES DO SO, ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS INCLUDING, BUT NOT LIMITED TO, ANY APPLICABLE LOCAL LAWS. THIS TERMS OF USE 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 LETTER, SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS AT CHENNAI.

IN THE EVENT OF BREACH OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE BY THE USER, THE USER SHALL BE PROMPTLY LIABLE TO INDEMNIFY POTHYS SWARNAMAHAL FOR ALL THE COSTS, LOSSES AND DAMAGES CAUSED TO POTHYS SWARNAMAHAL AS A RESULT OF SUCH A BREACH. FURTHER IN THE EVENT OF YOUR BREACH OF THIS TERMS OF USE, YOU AGREE THAT POTHYS SWARNAMAHAL WILL BE IRREPARABLY HARMED AND WILL NOT HAVE AN ADEQUATE REMEDY IN MONEY OR DAMAGES. POTHYS SWARNAMAHAL THEREFORE, SHALL BE ENTITLED IN SUCH EVENT TO OBTAIN AN INJUNCTION AGAINST SUCH A BREACH FROM ANY COURT OF COMPETENT JURISDICTION IMMEDIATELY UPON REQUEST. POTHYS SWARNAMAHAL'S RIGHT TO OBTAIN SUCH RELIEF SHALL NOT LIMIT ITS RIGHT TO OBTAIN OTHER REMEDIES.

ANY FAILURE OF POTHYS SWARNAMAHAL TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS TERMS OF USE SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION.

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