TERMS OF USE

Personal Information – Archana Ganapathy Poonacha is the founder owner of the brand PINKAPPLE and the website www.pinkapple.co.in. PINKAPPLE respects your privacy. This Privacy Policy provides succinctly the manner your data is collected and used by PINKAPPLE on the Site. As a visitor to the Site/ Customer you are advised to please read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by PINKAPPLE in the manner provided in this Privacy Policy.

What information is, or may be, collected form you? – As part of the registration process on the Site, PINKAPPLE may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

How do we Collect the Information?- PINKAPPLE will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey or any combination thereof. The Site may contain links to other Web sites. PINKAPPLE is not responsible for the privacy practices of such Web sites which it does not own, manage or control. The Site and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to the Site.

How is information used ? – PINKAPPLE will use your personal information to provide personalized features to you on the Site and to provide for promotional offers to you through the Site and other channels. PINKAPPLE will also provide this information to its business associates and partners to get in touch with you when necessary to provide the services requested by you. PINKAPPLE will use this information to preserve transaction history as governed by existing law or policy. PINKAPPLE may also use contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers. PINKAPPLE will also use this information to serve various promotional and advertising materials to you via display advertisements through the Google Ad network on third party websites. You can opt out of Google Analytics for Display Advertising and customize Google Display network ads using the Ads Preferences Manager. Information about Customers on an aggregate (excluding any information that may identify you specifically) covering Customer transaction data and Customer demographic and location data may be provided to partners of PINKAPPLE for the purpose of creating additional features on the website, creating appropriate merchandising or creating new products and services and conducting marketing research and statistical analysis of customer behavior and transactions.

With whom your information will be shared? – PINKAPPLE will not use your financial information for any purpose other than to complete a transaction with you. PINKAPPLE does not rent, sell or share your personal information and will not disclose any of your personally identifiable information to third parties. In cases where it has your permission to provide products or services you’ve requested and such information is necessary to provide these products or services the information may be shared with PINKAPPLE business associates and partners. PINKAPPLE may, however, share consumer information on an aggregate with its partners or third parties where it deems necessary. In addition PINKAPPLE may use this information for promotional offers, to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of the Site’s terms of use or to defend against legal claims; special circumstances such as compliance with subpoenas, court orders, requests/order from legal authorities or law enforcement agencies requiring such disclosure.

What Choice are available to you regarding collection, use and distribution of your information? - To protect against the loss, misuse and alteration of the information under its control, PINKAPPLE has in place appropriate physical, electronic and managerial procedures. For example,PINKAPPLE servers are accessible only to authorized personnel and your information is shared with employees and authorized personnel on a need to know basis to complete the transaction and to provide the services requested by you. Although PINKAPPLE will endeavor to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using this site, you agree that PINKAPPLE will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

How can you correct inaccuracies in the information? - To correct or update any information you have provided, the Site allows you to do it online. In the event of loss of access details you can send an e-mail to: [email protected]

Policy updates PINKAPPLE reserves the right to change or update this policy at any time. Such changes shall be effective immediately upon posting to the Site.

 

TERMS AND CONDITIONS 

1  Personal Information — Pinkapple Studio Pvt ltd is the company owner of the brand PINKAPPLE and the website www.pinkapple.co.in PINKAPPLE respects your privacy. This Privacy Policy provides succinctly the manner your data is collected and used by PINKAPPLE on the Site. As a visitor to the Site/ Customer you are advised to please read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by PINKAPPLE in the manner provided in this Privacy Policy.

2  Services overview – As part of the registration process on the Site, PINKAPPLE may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

3  Eligibility – Services of the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited

4  License & Site access – PINKAPPLE grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PINKAPPLE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PINKAPPLE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of PINKAPPLE and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or PINKAPPLE name or trademarks without the express written consent of PINKAPPLE. Any unauthorized use terminates the permission or license granted by PINKAPPLE.

5  Account & Registration Obligations - All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site.

6  Pricing – All the products listed on the Site will be sold at MRP unless otherwise specified.

7  Cancellation by Site / Customer- Please note that, once we have received an order, and advance payment, we commence production immediately and will, therefore, be unable to entertain requests for cancellation.

8  Return & Refunds – We have a return and refund policy only in case of damaged and sub-standard quality of product. We will take the returned product back with us and initiate the refund process. Please visit the refund policy in the website to understand the process of refund.

9  Colours - We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

10 Modification of Terms & Conditions of Service – PINKAPPLE may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

11 Governing Law and Jurisdiction – This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by PINKAPPLE and his/her decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply.

12 Reviews, Feedback, Submissions – All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of PINKAPPLE. Such disclosure, submission or offer of any Comments shall constitute an assignment to PINKAPPLE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, PINKAPPLE owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PINKAPPLE will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. PINKAPPLE is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. PINKAPPLE does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant PINKAPPLE the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify PINKAPPLE and its affiliates for all claims resulting from any Comments you submit. PINKAPPLE and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

13 Copyright & Trademark – PINKAPPLE , its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of PINKAPPLE or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by PINKAPPLE. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of PINKAPPLE. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of PINKAPPLE, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply PINKAPPLE endorsement, sponsorship or recommendation of the third party, information, product or service. PINKAPPLE is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of PINKAPPLE or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by PINKAPPLE, one of its affiliates or by third parties who have licensed their materials to PINKAPPLE and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of PINKAPPLE and is also protected by Indian and international copyright laws.

 

14 Intellectual Property - PINKAPPLE is committed to affording the highest degree of respect to all forms of intellectual property rights. Where, PINKAPPLE uses third party designs, it takes all steps to ensure that intellectual property rights are duly protected. In the event however, that you believe that any of the products on our website involve use of intellectual property rights which you are interested, please write to us at [insert address] re. your claim while enclosing all supporting material. We will consider the same in accordance with our policies.

 

15 Objectionable Material – You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, PINKAPPLE and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

 

16 Indemnity – You agree to defend, indemnify and holdharmless PINKAPPLE, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to PINKAPPLE or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

17 Termination – This User Agreement is effective unless and until terminated by either you or PINKAPPLE. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. PINKAPPLE may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to PINKAPPLE. Upon any termination of the User Agreement by either you or PINKAPPLE, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. PINKAPPLE’S right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

You Agree and Confirm

- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by PINKAPPLE for redelivery shall be claimed from you

- That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.

- You will provide authentic and true information in all instances where such information is requested of you. PINKAPPLE reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Site for any of the following purposes:

- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

- Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

- Gaining unauthorized access to other computer systems.

- Interfering with any other person’s use or enjoyment of the Site.

- Breaching any applicable laws.

- Interfering or disrupting networks or web sites connected to the Site. 

- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. 

 

Disclaimer-

PINKAPPLE is committed to affording the highest degree of respect to all forms of intellectual property rights. Where, PINKAPPLE uses third party designs, it takes all steps to ensure that intellectual property rights are duly protected. In the event however, that you believe that any of the products on our website involve use of intellectual property rights which you are interested, please write to us at [email protected] with your claim while enclosing all supporting material. We will consider the same in accordance with our policies.