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
- immediately notify Marca Disati of any unauthorized use / breach of your password or account and
- ensure that you exit from your account at the end of each session.
User Conduct and Rules:
- You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right to
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
- is misleading in any way
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
- violates any law for the time being in force
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- shall not be false, inaccurate or misleading
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”)
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
- Users doesn’t reply to the payment verification mail sent by Marca Disati
- Users fails to produce adequate documents during the payment details verification
- Misuse of another Users’ phone/email
- Users uses invalid address, email and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used.
- Users returns the wrong product
- Users refuses to pay for an order
- Users involved in the snatch and run of any order
- Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Marca Disati
- User with a very high return rate
- Repeated request for monetary compensation for fake/used order
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:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category.
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any promotional voucher used for placing the ‘Fraud Order’ may not be refunded
- Any order paced using a technological glitch/loophole.
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.
- Section 43A of the Information Technology Act, 2000;
- Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and
- Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules,2011.
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:
- Financial information such as bank account or credit card or debit card or other payment instrument details;
- Physical, physiological and mental health condition;
- Sexual orientation;
- Medical records and history;
- Biometric information;
- Any detail relating to the above personal information categories as provided to the Company for providing service; and
- Any of the information received under above personal information categories by the Company for processing, stored or processed under lawful contract or otherwise.
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:
- Children under the age of 18: Use of the Platform 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 Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on Marca Disati, such use or transaction may be made by your legal guardian or parents on the Platform.
- 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.
- Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that Marca Disati ensures the highest degree of data security, approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards
- Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by Marca Disati for purposes of tax or regulatory compliance.
- Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Marca Disati.
- User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our Services.
- Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
Shared Information: What types of information are not allowed on Platform
- Nudity or other sexually suggestive content
- Hate speech, credible threats or direct attacks on an individual or group
- Content that contains self-harm or excessive violence
- Fake or impostor profiles
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.
- For the use of the Services and purchase of Products, you may be required to pay the Company with a credit card, wire-transfer, or debit card through the Company’s third party payment gateway provider and such third party payment gateway provider may be required to collect certain financial information from you including, but not restricted to, your credit/debit card number or your bank account details (collectively referred to as “Financial Information”). All Financial Information collected from the Users’ by the Company’s third party payment gateway providers will be used only for billing and payment processes. The verification of the Financial Information shall be accomplished only by the User through a process of authentication in which the Company shall have no role to play.
- To identify the User, to understand his/her/its needs and resolve disputes, if any;
- To set up, manage and offer products and to enhance the Services to meet the User’s requirements;
- To provide ongoing service;
- To meet legal and regulatory requirements;
- To resolve technical issues and troubleshoot problems;
- To aid the Company in collecting monies from Users for transactions carried out on the Platforms;
- To keep Users apprised of the Company’s (or third parties’) promotions and offers;
- To customize User experience;
- To detect and protect the Company from error, fraud and other criminal activities;
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.
- The Platforms use temporary cookies to store certain data. The Company does not store personally identifiable information in the cookies. Information collected by the Company, by any means whatsoever, that does not personally identify the User as an individual (such as patterns of utilization described above) is exclusively owned by the Company and may be used by the Company and third party service providers for technical administration of the Platforms, user administration, research, development, and other purposes. Additionally, the Company may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister concerns, service providers and service partners and other third parties (collectively referred to as “Other Parties”).
- A User may set or amend his/her/its web browsers to delete or disable cookies. If a User chooses to disable cookies on his/her/its computer or mobile telecommunication device, it may impair, degrade or restrict access to certain areas of the Platforms. Merely closing the web browser should ordinarily clear all temporary cookies installed by the Company. However, Users are encouraged to use the “clear cookies” functionality of their browsers to ensure deletion, as the Company cannot guarantee, predict or provide for the behavior of the equipment of all the Users of the Platforms.
- The Company may allow other companies or entities to serve advertisements to Users. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms. The Company may target some advertisements to Users that fit a certain general profile. The Company does not use personally identifiable information to target advertisements to specific Users. In the course of serving advertisements or optimizing the Services to its Users, the Company may allow authorised third parties to place or recognize a unique cookie on the User’s browser.
- When a User visits or uses the Platforms, the Company may access, collect, monitor and/or remotely store data in relation to the User’s location, which may also include global positioning system coordinates or similar information regarding the location of the device using which the User has visited or used the Platforms. The location data does not collect or share any personally identifiable information about the User.
- The Company may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, training, business intelligence, business development, or for User administration. The Company may share the telephone records with third parties when required by law or when required to provide or facilitate the User with the Services.
- The Company may choose to conduct contests and surveys to collect relevant information about the Users’ preferences. These surveys and contests are optional and if the User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that the User provides while availing or signing-up for the Services and through any surveys or contests is used to help the Company improve its services to meet the needs and preferences of Users.
- The Company has implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the Financial Information and personal information that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. It is expressly stated that the Company shall not be responsible for any breach of security or for any action of any third parties that receive Users’ personal data or events that are beyond the reasonable control of the Company including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
18.1 The Company may share/use personal information and personally identifiable information provided by Users with the Other Parties for the purposes of:
- enabling Users to enjoy the Services and to use the Products, including sharing information with Other Parties to provide services, technical support etc. in relation to the Products; or
- detecting and preventing identity theft, fraud or any other potentially illegal acts; or
- monitoring and enhancing User interest and engagement, including through promotional activity, personal messages to Users using personally identifiable information provided by Users, etc; or
- processing the purchase of Products on the Platforms.
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.
- The Company or the Other Parties may merge with or be acquired by another business entity. In such an event, the Company and the Other Parties may be required to transfer the personal information to such merging or acquiring party, as the case may be. While sharing such personal information with the acquiring or merging entity, as the case may be, the Company and the Other Parties shall make reasonable endeavours to ensure that the User’s personal information is duly protected by the acquiring or merging entity, as the case may be, by undertaking security measures prescribed under applicable laws.
- The Company may also disclose or transfer the personal and other information provided by Users, to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of the company. Any third party to which the Company transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to the Company.
- All the Company employees and data processors, who have access to and are associated with the processing of personal information or Financial Information provided by Users are obliged to respect the confidentiality of every User’s personal information or Financial Information.
- The User consents to the Company reproducing/publishing all testimonials and reviews given by the User (whether on the Website, social media platforms, or in any other manner whatsoever) in relation to the Company or any of the Products, together with the User’s name and location, on the Website, on such page and in such position as the Company may determine in its sole discretion. The User agrees that the Company may edit the testimonials and reviews provided by the User and reproduce/publish such edited or paraphrased versions of the testimonials and reviews on the Website. If the User has any concerns with the reproduction/publication of any testimonial or review provided by the User on the Website, the User may contact the Company at firstname.lastname@example.org
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@example.com. 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:
- the use or the inability to use the Services or Products
- unauthorized access to or alteration of the user’s transmissions or data
- breach of condition, representations or warranties by the manufacturer of the Products
- any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Marca Disati shall not be held responsible for non-availability of the Marca Disati during periodic maintenance operations or any unplanned suspension of access to the Marca Disati. The User understands and agrees that any material and/or data downloaded at Marca Disati is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Marca Disati’s liability shall be limited to an amount equal to the Products purchased value bought by You. Marca Disati shall not be liable for any dispute or disagreement between Users
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.
- If You or Marca Disati terminates your use of the Platform or any Service, Marca Disati may delete any content or other materials relating to your use of the Service and Marca Disati will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Marca Disati for purposes of tax or regulatory compliance.
- If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Marca Disati by sharing multiple address and phone numbers or transacting with malafide intentions then Marca Disati reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
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 7 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 7 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.