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User Account, Password, and Security:
If You use the Platform, 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. If You provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
User Conduct and Rules:
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
Marca Disati may cancel any order that classify as ‘Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Marca Disati:
You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other users of Marca Disati.
You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Marca Disati by sharing multiple address and phone numbers or transacting with mala fide intentions.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force). You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. We may share personal information with our other corporate entities and affiliates.
3.1 Personal information is information related to a visitor, or a combination of pieces of information that could reasonably allow him to be identified. Personal information may consist of full name, personal contact numbers, residential address, email address, gender or date of birth. While information such as date of birth in isolation may not be enough to uniquely identify the visitor, a combination of full name and date of birth may be sufficient to do so.
3.2 Sensitive personal data or information is such personal information that is collected, received, stored, transmitted or processed by the Company, consisting of:
Please note that any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal information.
4. What is E-mail verification policy?
We always strive hard to provide the best experience to our customers. However, we have noticed that few accounts abuse the policies. Therefore, please ensure that the details you provide us are correct and complete and inform us immediately of any changes to the information that you provided while registering.
Marca Disati verifies the email addresses to ensure important communication about orders and shipments are reaching our customers. Email addresses that have an invalid domain, no mail server, or no mailbox, fail the verification processes set by Marca Disati and Marca Disati reserves the right to disable any cash on delivery option for orders placed from such accounts that fail the email verification process.
Following are the various Correspondence Information which You provide when You access/register for Our Service includes:
Shared Information: What types of information are not allowed on Platform
Technical and functional management of the Platform:
When you use our Platform, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Platform, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Platform.
We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Platform. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Platform.
Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.
The Financial Information collected from the Users is transacted through secure digital platforms of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. While the Company shall make reasonable endeavors to ensure that the User’s personal information and the Financial Information is duly protected by undertaking security measures prescribed under applicable laws, the User is strongly advised to exercise discretion while providing personal information or Financial Information while using the Services given that the Internet is susceptible to security breaches.
Due to the communications standards on the Internet, when a User visits the Platforms, the Company automatically receives the uniform resource locator of the site from which such User visits the Platforms, details of the website such User is visiting on leaving the Platforms, the internet protocol (“IP”) address of each User’s computer operating system, type of web browser the User is using, email patterns, and the name of the User’s internet service provider. This information is used solely to analyze overall User trends and to help the Company in improving its Services. Please note that the link between the User’s IP address and the User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law or to provide or facilitate the User with the Services. Notwithstanding the above, the User acknowledges the Company’s right to share some of the aggregate findings, including the personal information provided by the Users in an unidentifiable form, and not the specific data with advertisers, sponsors, investors, strategic partners, and others in order to help grow the business. The amount of information sent to the Company depends on the settings of the web browser used by the User to access the Platforms. The User may refer to the browser used, if the User wishes to learn what information is provided to the Company.
18.1 The Company may share/use personal information and personally identifiable information provided by Users with the Other Parties for the purposes of:
To the extent that Other Parties have access to the personal information, the Company shall make efforts to ensure that the Other Parties treat such personal information at least as protectively as they treat personally identifiable information obtained from their users or members.
If you, as a Visitor, have inadvertently browsed any other pages of the Platforms prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting the Platforms should ordinarily clear all temporary cookies installed by the Company. All Visitors, however, are encouraged to use the “clear cookies” functionality on their browsers to ensure such clearing or deletion, as the Company cannot guarantee, predict or provide for the behaviour of the equipment of all the Visitors of the Platforms.
If you are accessing the Platforms from outside India, it is solely your responsibility to ensure that your access does not breach or violate any local or national law applicable in the place from where you are making the access, for the time being in force.
The third party service providers with whom the Company may share personal information or Financial Information provided by Users are not permitted to market their own services or send promotional e-mails or engage in promotional communication with the Users. The Company provides all Users with the opportunity to opt-out of receiving non-essential, promotional, or marketing-related communication from itself or its partners. These settings can be found on the Platforms.
If a User wishes to remove his/her/its contact information from all the Company’s lists and newsletters, the User can click on the “unsubscribe” link or follow the instructions in each e-mail message. Alternatively, the User can contact the Company at [email protected] The Company reserves the right to limit membership based on availability of contact information. All Users will be notified by email prior to any actions taken.
Applicable law and procedure:
We collect and store your Correspondence Information to: (a) comply with our obligations under law and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.
Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Platform is at your own risk. We recommend that you do not disclose your password to anyone.
Trademark, Copyright and Restriction:
Platform is controlled and operated by Marca Disati and products are sold by Marca Disati. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Marca Disati is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Marca Disati or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
Limitation of Liability:
In no event shall Marca Disati be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
A cookie is a small text file that we place on your mobile device to enable various features of Marca Disati. “Cookies” are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie.Whenever Marca Disati uses a third party to host and serve content, we may arrange for a common identifier to be shared between the third party and Marca Disati in order to enable accurate measurement of traffic and usage. This includes but is not limited to the use of AMP Client IDs in Google Analytics for Accelerated Mobile Pages served by Google on Marca Disati’s Unfortunately, that is not possible at the moment, since the system would have already passed the mobile number and address to our warehouse to pack and ship your product. That being said, we never say never! You can always cancel the order before it has been packed and can place a new order. Don’t worry, there are no cancellation charges.
Marca Disati may suspend or terminate your use of the Marca Disati or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Marca Disati chooses to terminate them.
Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Marca Disati make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Marca Disati is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Marca Disati. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Marca Disati nor shall Marca Disati have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Marca Disati within 2 days from the alleged date of delivery of product reflecting on the Marca Disati portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Marca Disati disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 2 days from the alleged date of delivery of product reflecting on the Marca Disati portal.
Disclaimer of Warranties and Liability – All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Marca Disati does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.