Terms & Conditions

TERMS OF USE (BUYERS)

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms”). By using the Services, you are agreeing to all of the Terms, as may be updated by us from time to time.

Because these Terms are a legal contract between you, the Website and Parthas Thiruvananthapuram (together, “Parthas”), it is important that you review the Terms carefully before accessing or participating in the Website. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Parthas, including without limitation the privacy policy (“Privacy Policy”).

Use of the Website is available only to persons over the age of 18. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell or purchase any items on the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

1. GENERAL

We may change the Terms or modify any features of the Website at any time at our sole discretion.  The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” section on the Website.  If you continue to use the Website after changes are posted you will be deemed to have accepted the change.

2. USER ACCOUNT

In order to use the Website, you are required to complete an application providing various information about yourself including your name, email address and other personal information. You agree that any information you provide to Parthas on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.

3. USER CONTENT

The Website provide Users the facility to create, share and post content such as profile information, photographs, videos, images and other material used to create a content or material (together, “User Content”). Parthas claims no ownership rights over User Content created by you. Parthas has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.

Parthas takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Parthas reserves the right, but is not obligated, to reject and/or remove any User Content that Parthas believes, in its sole discretion, violates these provisions.

For the purposes of Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

1. Your User Content and your use thereof as contemplated by these Terms and the Website and/or Application will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
2. To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.
3. Parthas may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
4. Parthas takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that Parthas is only acting a passive conduit for the distribution and publication of your User Content. If your User Content violates these Terms, you may bear legal responsibility for that content.

4. RIGHTS TO USER CONTENT

If you share your User Content with Parthas or link your User Content to Parthas on a third party service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Parthas a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and Parthas’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Application (and derivative works thereof) in any media formats and through any media channels.

5. USE OF PARTHAS AND CONDUCT

You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iii) taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website; (v) collecting or harvesting any personally identifiable information, including account names, from the Website; (vi) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Website; (ix) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or (x) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

The Website contains content owned or licensed by Parthas (“Parthas Content”). Parthas owns and retains all rights in the Parthas Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Parthas Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Parthas Content.

The Parthas name and logo are trademarks of Parthas, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Parthas, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Parthas, and may not be copied, imitated or used, in whole or in part, without prior written permission from Parthas.

You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

You agree that Parthas is not responsible for, and does not endorse, User Content posted within the Website. Parthas does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.

Parthas reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Parthas, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Parthas will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our Website. Parthas shall have no liability for conduct in relation to your use of our Website.

Parthas reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Parthas. We also reserves the right to take legal action in case of non-payment of fees by you to Parthas.

Violations of these Terms may result in legal consequences prescribed by the applicable laws.

6. GENERAL TERMS 

Unless exempt by law, you are responsible for paying all sales and use taxes, value added tax (VAT), export and/or import taxes and duties, and any other transactional taxes or levies related to the purchase of property by you. Unless expressly otherwise indicated, all prices listed on the Website are exclusive of taxes, and applicable taxes may be collected from you in addition to any listed price. 

7. PRIVACY AND SECURITY

You understand that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed under the thereunder.

You understand that Parthas cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. WARRANTY

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARTHAS OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PARTHAS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

PARTHAS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PARTHAS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. EXCEPTIONS AND LIMITATIONS

You agree, understand and acknowledge that the Website is merely a platform that enables users to purchase products listed on the Website at the price indicated therein, and Parthas is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website.

All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. Parthas does exercise any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers.

Parthas does not make any representation or warranty as to the quality, value, salability, etc of the products or services proposed to be sold or offered to be sold or purchased on the Website. Parthas does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Parthas accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

We cannot guarantee that any property listed on the Services will be available to sell or listed with the correct price, including but not limited to items listed with the Online Purchase feature. We reserve the right to cancel any Online Purchase at any time if we are notified by the seller or otherwise determine at our sole discretion that the item ordered is not available to sell for any reason or was listed with an incorrect price, even after the buyer receives an order confirmation (whether on the Services, by email or otherwise). If your Online Purchase is cancelled under such circumstances, we will notify you by email of such cancellation and you will be refunded for any amounts that you have already paid for the applicable item and its delivery to you (if any), and the Artsy Parties and the seller will otherwise have no liability whatsoever for any such cancellations or listing errors. You acknowledge and agree that all property listed or offered for sale on the Services is subject to availability.

Parthas is not responsible for any non-performance or breach of any contract entered into between buyers and sellers, shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

Parthas does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.

At no time shall Parthas hold any right, title or interest over the products nor shall Parthas have any obligations or liabilities in respect of such contract entered into between buyers and sellers. Parthas is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

10. TERMINATION

Parthas may terminate this agreement for any reason at any time. Parthas reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice.  Otherwise applicable sections of the Terms shall survive termination.  In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

11. INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL PARTHAS OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND/OR APPLICATION BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE.  THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PARTHAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

13. GOVERNING LAW

Terms of Use shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.

14. MISCELLANEOUS PROVISIONS

• Survival: In the event of termination or expiration of these Terms of Use for any reason, any provisions of Terms of Use that by their nature should survive termination of Terms of Use will survive termination of Terms of Use, unless contrary to the pertinent provisions herein stated.

• Severability: If any term or provision in Terms of Use is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of Terms of Use, but the validity and enforceability of the remainder of Terms of Use shall not be affected.

• Unenforceability: If any provision of Terms of Use or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into Terms of Use on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render Terms of Use as modified legal and enforceable to the maximum extent permitted under applicable laws.

• No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of Terms of Use shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of Terms of Use may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

• Notices: Any notice required or permitted to be given to Parthas hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Parthas. All notice required to be given under Terms of Use shall be addressed to:

        Power House Road, East Fort,
        Thiruvananthapuram, Kerala
        Pin - 695036

        or

        mail@parthasonline.com 

TERMS OF USE (SELLERS)

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms”). By using the Services, you are agreeing to all of the Terms, as may be updated by us from time to time.

Because these Terms are a legal contract between you, the Website and Parthas Thiruvananthapuram, (together, “Parthas”), it is important that you review the Terms carefully before accessing or participating in the Website. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Parthas, including without limitation the privacy policy (“Privacy Policy”).

Unless otherwise specifically agreed to in writing, the following terms and conditions shall apply to your acceptance of Parthas’ acceptance of any order(s) made through the Website. The acceptance of this order by you shall be conclusive evidence of your approval, consent, and agreement to these Terms.

Use of the Website is available only to persons over the age of 18. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell or purchase any items on the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

1. GENERAL

We may change the Terms or modify any features of the Website at any time at our sole discretion.  The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” section on the Website.  If you continue to use the Website after changes are posted you will be deemed to have accepted the change.

2. USER ACCOUNT

In order to use the Website, you are required to complete an application providing various information about yourself including your name, email address and other personal information. You agree that any information you provide to Parthas on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.

3. USER CONTENT

The Website provide Users the facility to create, share and post content such as profile information, photographs, videos, images and other material used to create a content or material (together, “User Content”). Parthas claims no ownership rights over User Content created by you. Parthas has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.

Parthas takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Parthas reserves the right, but is not obligated, to reject and/or remove any User Content that Parthas believes, in its sole discretion, violates these provisions.

For the purposes of Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

1. Your User Content and your use thereof as contemplated by these Terms and the Website and/or Application will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
2. To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.
3. Parthas may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
4. Parthas takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that Parthas is only acting a passive conduit for the distribution and publication of your User Content. If your User Content violates these Terms, you may bear legal responsibility for that content.

4. RIGHTS TO USER CONTENT

If you share your User Content with Parthas or link your User Content to Parthas on a third party service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Parthas a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and Parthas’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Application (and derivative works thereof) in any media formats and through any media channels.

5. USE OF PARTHAS AND CONDUCT

You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iii) taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website; (v) collecting or harvesting any personally identifiable information, including account names, from the Website; (vi) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Website; (ix) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or (x) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

The Website contains content owned or licensed by Parthas (“Parthas Content”). Parthas owns and retains all rights in the Parthas Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Parthas Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Parthas Content.

The Parthas name and logo are trademarks of Parthas, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Parthas, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Parthas, and may not be copied, imitated or used, in whole or in part, without prior written permission from Parthas.

You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

You agree that Parthas is not responsible for, and does not endorse, User Content posted within the Website. Parthas does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.

Parthas reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Parthas, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Parthas will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our Website. Parthas shall have no liability for conduct in relation to your use of our Website.

You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Parthas reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Parthas. We also reserves the right to take legal action in case of non-payment of fees by you to Parthas.

Violations of these Terms may result in legal consequences prescribed by the applicable laws.

6. OBLIGATIONS 

You must acknowledge the order placed through the Website with respect to products posted by you, and notify Parthas, within one (1) business day, whether the order will be fulfilled.

If you become aware of any circumstances that are likely to cause a delay in delivery of the ordered item(s), you will immediately notify Parthas in writing stating the reason for the delay and the updated delivery date.

You shall be liable for all defects in items delivered, including concealed defects, even if they are recognizable and discovered only subsequent to delivery.

Unless otherwise specified, all packing and packaging shall comply with best commercial practice, and any specific instructions as may be communicated by Parthas from time to time.

[How does the payment model work? How does Parthas receive payment?]

You agree that the end-customer may at any time, cancel the order placed, in whole or in part, without cause, by giving Parthas and/or you written notice of such cancellation. Upon receipt by you of any such notice, you will (a) immediately stop performance to the extent set forth in such notice, (b) cancel all orders and subcontracts pertaining hereto to the extent set forth in such notice, and (c) comply with the end-customer or Parthas’ directions to terminate the delivery of the order, and (d) promptly use commercially reasonable efforts to minimize the amount of third party termination charges associated with any such cancellation.

7. PRIVACY AND SECURITY

You understand that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed under the thereunder.

You understand that Parthas cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. WARRANTY

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARTHAS OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PARTHAS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

PARTHAS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PARTHAS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. EXCEPTIONS AND LIMITATIONS

You agree, understand and acknowledge that the Website is merely a platform that enables users to sell products through the Website at the price indicated therein, and Parthas is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website.

All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. Parthas does exercise any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers.

Parthas is not responsible for any non-performance or breach of any contract entered into between buyers and sellers, shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

Parthas does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.

At no time shall Parthas hold any right, title or interest over the products nor shall Parthas have any obligations or liabilities in respect of such contract entered into between buyers and sellers.

10. TERMINATION

Parthas may terminate this agreement for any reason at any time. Parthas reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice.  Otherwise applicable sections of the Terms shall survive termination.  In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

11. INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL PARTHAS OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND/OR APPLICATION BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE.  THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PARTHAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

13. GOVERNING LAW

Terms of Use shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.

14. MISCELLANEOUS PROVISIONS

• Survival: In the event of termination or expiration of these Terms of Use for any reason, any provisions of Terms of Use that by their nature should survive termination of Terms of Use will survive termination of Terms of Use, unless contrary to the pertinent provisions herein stated.

• Severability: If any term or provision in Terms of Use is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of Terms of Use, but the validity and enforceability of the remainder of Terms of Use shall not be affected.

• Unenforceability: If any provision of Terms of Use or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into Terms of Use on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render Terms of Use as modified legal and enforceable to the maximum extent permitted under applicable laws.

• No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of Terms of Use shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of Terms of Use may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

• Notices: Any notice required or permitted to be given to Parthas hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Parthas. All notice required to be given under Terms of Use shall be addressed to:

        Power House Road, East Fort,
        Thiruvananthapuram, Kerala
        Pin - 695036

        or

        mail@parthasonline.com