Privacy Policy Statements

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent, and we only use your information as described in the Terms of Use.

Your personal information is protected by reasonable physical as well as technological security devices. We may, however, disclose and/or transfer your information to our affiliates, agents, service providers, etc. for business purposes and to provide you a better shopping experience. Notwithstanding anything to the contrary contained anywhere in the Terms of Use and to the greatest extent permitted by applicable law, the Company will not be responsible in any manner whatsoever if information (including but not limited to the Payment Data) provided by the user gets exposed and/or misused by any third party who accessed such information without any authorization from the Company.

You understand that the details of the credit/debit and/or any other payment cards, online banking facility or other payment instrument (“Payment Data”) you provided is directly received by acquiring bank and not stored by us.

The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals for combating fraud. If any order is suspected to be fraudulent, all records will be submitted, with or without a subpoena, to law enforcement agencies and to the credit/ debit/ payment instrument company/bank for fraud investigation, as may be deemed appropriate by the Company. Also, the Company will endeavor to cooperate with authorities to prosecute offenders to the full extent of the law.

The Company owns all the intellectual property rights associated with the Website. Furthermore, up to the best of our knowledge, the products are protected by all the applicable intellectual property rights owned by Protaiga or relevant third parties who have sold their materials to us.

No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. The Website is protected by copyright as a collective work and/or compilation (meaning the collection, arrangement, and assembly) of all the contents on this Website, pursuant to applicable Indian and international intellectual property legislations and applicable international conventions.

The Company neither warrants nor represents that the use of products by the user will not infringe the rights of third parties not owned by or affiliated with the Company.

Certain elements of the Website will contain material submitted by other users, and some parts of the Website contain advertising/other material submitted to the Company by third parties. The Company reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subjected to the Company’s terms and conditions that are available upon request.

The Company’s logos, product and service marks and/or names, trademarks, patents, copyrights and other intellectual property, whether registered or not (“Company IP”) are exclusively owned by the Company or the relevant third parties who have sold material to us. Without the prior written permission of the Company, the user agrees to not display and/or use the Company IP in any manner. Nothing contained in this Website or in the Content should be construed as granting, in any way, any license or right or interest whatsoever, in and/or to the Company IP, without the express written permission of the Company.

References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

You are prohibited from violating or attempting to violate the security of the Website, including, but not limited to the following:

  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing,' sending unsolicited email, including promotions and/or advertising of products or services or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Your Account and Registeration Obligations

For a seller using the Website, the seller shall be responsible for maintaining the confidentiality of your display name, login and password details and all the activities that occur with the use of your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.

In addition to providing all the requisite information as stated above and such records/documents, etc., as may be required, you agree to provide proof of VAT registration at the time of registering as a seller on the Website. The requirement of providing a VAT registration is mandatory for all sellers on the Website, except sellers selling exclusively in the Books category.

Communications

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

Platform for Transaction and Communication

The Website is a platform that users utilize to meet and interact with one another for their transactions. Protaiga is not and cannot be a party to or control in any manner any transaction between users on the Website.

  • All commercial/contractual terms are offered by you and agreed upon between you and the Buyers alone. The commercial/contractual terms include price, payment methods and terms, date, period, mode of delivery and warranties and after-sales services related to products and services. Protaiga does not determine, advise, have any control over, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Buyer.
  • Protaiga does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold or purchased on the Website. Protaiga does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. Protaiga accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • Protaiga is not responsible for any non-performance or breach of any contract between you and the Buyer. Protaiga cannot and does not guarantee that you and the Buyer concerned will perform transaction(s) concluded on the Website. Protaiga shall not and is not required to mediate or resolve disputes or disagreements between you and the Buyer.
  • Protaiga does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard.
  • Protaiga does not at any point in time during a transaction between you and a Buyer on the Website come into or take possession of any of the products or services you offered, gain title to or have any rights or claims over the products or services you offered to the Buyer.
  • At no time shall Protaiga hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Protaiga is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
  • The Website is only a platform that you can utilize to reach a larger customer base to sell items or services. Protaiga only provides a platform for communication, and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the Buyer.
  • You release and indemnify Protaiga and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website, and specifically waive any claims that you may have in this regard under any applicable law.

Notwithstanding its reasonable efforts in that regard, Protaiga cannot control the information provided by other users that is made available on the Website. You may find the information provided by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and adopt safe trading practices when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretenses.

Use of the Website

You agree and understand that Protaiga and the Website merely provide hosting services to its registered users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Protaiga neither originates nor initiates the transmission, nor selects the sender and receiver of the transmission, nor selects and modifies the information contained in the transmission. Protaiga has no control over the third party user generated contents.

Protaiga is merely an intermediary and does not interfere in the transaction between the Buyers and Sellers. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:

    (a) Belongs to another person and over which you have no right;

    (b) Is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including, but not limited to, ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

    (c) Is false, inaccurate or misleading in any way;

    (d) Is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

    (e) Harasses or advocates harassment of another person;

    (f) Involves the transmission of ‘junk mail,’ ‘chain letters,’ unsolicited mass mailing, or ‘spamming;’

    (g) Promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

    (h) 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];

    (i) Promotes an illegal or unauthorized copy of another person's copyrighted work (see “Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;

    (j) Contains restricted or password-only access pages, hidden pages or images (those which are not linked to or from another accessible page);

    (k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

    (l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;

    (m) Contains unauthorized videos, photographs or images of another person (whether a minor or an adult);

    (n) Tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;

    (o) Engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent.
    Throughout the ToU, Protaiga’s prior written consent means a communication coming from Protaiga’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;

    (p) Solicits gambling or engages in any gambling activity, which we, at our sole discretion, believe is or could be construed as being illegal;

    (q) Interferes with another’s use and enjoyment of the Website;

    (r) Refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of the ToU;

    (s) Harms minors in any way;

    (t) Infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;

    (u) Violates any law for the time being in force;

    (v) Deceives or misleads the addressee/users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;

    (w) Impersonates another person;

    (x) Contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;

    (y) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;

    (z) Shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
    Shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers;

  • You shall not use any ‘deep-link,’ ‘page-scrape,’ ‘robot,’ ‘spider,’ automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content or in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining,’ or any other illegitimate means.
  • You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that you don't own) or to its source or exploit the Website, any service, information made available, or offered by or through the Website in any way where the purpose is to reveal any information (including, but not limited to, personal identification or information other than your own information) provided by the Website.
  • You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name we use, including the terms Protaiga. Protaiga.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Protaiga or sellers on the platform or otherwise tarnish or dilute any Protaiga trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or we use. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Protaiga’s systems, networks, or any systems or networks connected to Protaiga.
  • You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
  • You may not use the Website or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Protaiga and/or others.
  • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and 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) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to, Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) and obtain the necessary licenses and permits regarding your use of our Website, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services.

    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. In particular, you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not to be delivered to any buyer at any place outside India.

  • Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information or in any media now known or not currently known with respect to your information. We will only use your information in accordance with the ToU and the privacy policy applicable to the use of the Website.
  • From time to time, you shall be responsible in providing information relating to the items or services you propose to sell. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Website in any manner.
  • You shall not engage in advertising or solicitation of other sellers on the Website to buy or sell any products or services, including, but not limited to, products or services related to what is displayed on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of the ToU to use any information obtained from the Website in order to harass, abuse, or harm others, or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you.

    In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a seller may send to other users in any 24-hour period, which we deem appropriate at our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

    We reserve the right, but have no obligation, to monitor the material posted on the Website. Protaiga shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU.

    Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not reflect Protaiga’s views. In no event shall Protaiga assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content you provide and all the information it contains, and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortious, or otherwise unlawful information.

  • Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Website (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.
  • It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain your personal information due to your use of the Website and use such information to harass or injure you. We do not approve such unauthorized uses, but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website.

    Please carefully select the type of information that you publicly disclose or share with others on the Website.

  • Protaiga shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through groups of people, intentionally or unintentionally, in DoS (Denial of Service)/DDoS (Distributed Denial of Services).

Selling

  • As a registered seller, you shall list the items for sale on the Website in accordance with the policies which are incorporated by way of reference in this ToU.
  • You must be legally able to sell the items you list for sale on our Website and must have all the necessary licenses and permits required for such sale.
  • You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your items for sale. All items must be listed in an appropriate category on the Website.
  • All listed items must be kept in stock for successful fulfilment of sales.
  • The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer.
  • You agree not to list a single product in multiple quantities across various categories on the Website. Protaiga reserves the right to delete such multiple listings of the same product you listed in various categories.
  • For Value Added Services (“VAS”) sold by Sellers such as Extended Warranty or Damage Protection Plans which can be sold only along with the principal product, the coverage of Extended Warranty shall commence from the date on which the manufacturer warranty on the principal product ends, and the coverage of Damage Protection Plans shall commence from the date of delivery of the principal product to the Buyer.
  • The Seller agrees to honor claims raised by the Buyer in this regard from such above-mentioned dates.

Content Posted on the Website

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘content’) are third-party generated content and Protaiga has no control over such third-party generated content, as Protaiga is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Protaiga’s prior written consent.

You may use the information on the products and services made available on the Website for downloading, provided you:

  • Do not remove any proprietary notice language in all copies of such documents;
  • Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
  • Make no modifications to any such information; and
  • Do not make any additional representations or warranties relating to such documents.

Limited License

Protaiga grants sellers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by Protaiga" and/or “Protaiga.com” name and/or logo on their invoice for transactions concluded on the Website. Furthermore, Protaiga grants sellers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Protaiga.com” name and/or logo on packing material they are using for delivery of Products sold on the Website.

Privacy

  • Protection of your privacy is of utmost importance to us. We understand clearly that you and your personal information are among our most important assets. We store and process your information including any sensitive financial information collected (as defined under the IT Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules thereunder.
    If you object to your information being transferred or used in this manner, please do not use the Website.
  • We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
  • We may disclose personal information to third parties. This disclosure may require us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
  • We may disclose personal information if required to do so by law or in good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. We may disclose personal information to law enforcement offices, third party rights owners, or others in good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
  • We and our affiliates will share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur, other business entity (or the new combined entity), will be required to follow this privacy policy with respect to your personal information.

Compliance with Laws

Seller shall comply with all the applicable laws (including, without limitation, the Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made thereunder, Legal Metrology Act, 2009 and the rules made thereunder, Export Import Policy of Government of India) and obtain the necessary licenses and permits applicable to them [including the licenses under the Foods Safety and Standards Act, 2006 for sale of products under Food and Nutrition category] for using the Payment Facility and the Website.

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed upon between a seller and a buyer and the respective issuing bank.

Product Description

Protaiga does not warrant that the product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Audits

Protaiga shall have the right to inspect and audit the Seller’s records and premises/place of business by itself or through Protaiga approved third party testing agencies. Cost of such audits shall solely be borne by Protaiga unless audit reflects discrepancy in seller accounts or non-compliance with Protaiga’s seller policies, in which case cost of audit shall be borne by the seller.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website in the event of, including, but not limited to, the following:

1. If you breach the ToU, privacy policy or other policies (if any);

2. If we are unable to verify or authenticate any information you provided;

3. If it is believed that your actions may cause legal liability for you, other users, or us.

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU, privacy policy or other rules and policies, we reserve the right to recover any amounts due and you owe to us and take strict legal action, including, but not limited to, a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Consequences of Suspension/Blacklisting

It is the liability of the Sellers to honor and provide after sales support to their Buyers who have purchased products/services from them on Protaiga, even if the Sellers have been suspended/blacklisted by Protaiga or have ceased to be Sellers on the Website, for any reason whatsoever, provided that:

1. Full payment has been remitted to the Seller for the specific products/services purchased by the Buyer for which after sales request has been raised;

2. The products/services purchased by the Buyer have been put to use in accordance with the product/service manual or are within the warranty/service period associated with the purchase of products/services when the after-sale support request is raised and the after-sale support request is not disqualified due to any reason mentioned at the time of sale of the products/services.

Termination

Notwithstanding anything contained anywhere in this ToU and without prejudice to Protaiga’s right to initiate any appropriate action against You, Protaiga in its sole discretion, reserves the right to terminate this ToU forthwith in the event of:

1. Any breach of this ToU; or

2. Violation of any law or rules, guidelines, orders framed thereunder or directions issued by any statutory or regulatory authority.

Indemnity

You shall indemnify and hold harmless Protaiga, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark Compliant

Protaiga respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Protaiga at support@protaiga.com.

Copyright Compliant

Protaiga respects the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement, you can write to Protaiga at support@protaiga.com.

Trademark, Copyright and Restriction

The Website is controlled and operated by Protaiga, and products are sold by the respective registered sellers. All materials on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Protaiga’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

Limitation of Liability

IN NO EVENT SHALL PROTAIGA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF PROTAIGA HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES

Applicable law

The ToU shall be governed, interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be NOIDA.

Jurisdictional Issues / Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Protaiga makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India can do so on their own initiative, but Protaiga is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and the compliance with local laws, if and to the extent local laws are applicable.

Invitations to Offer

The Content on Protaiga only constitutes an invitation to offer. Your order for purchase constitutes your offer which shall be subjected to the Terms of Use. We reserve the right to accept or reject your offer, in part or in full. Our acceptance of your order will only take place upon the dispatch of the product(s) ordered. The dispatch of all the product(s) ordered may or may not happen at the same time. In such case, only that portion of the order which has been dispatched will be deemed to have been accepted by us, and the balance will continue to remain as an offer to us. We reserve the right to accept or reject such balance order at our sole discretion.

We reserve the right, at our sole discretion, to limit the quantity of the products purchased per user or per order. These restrictions may be applicable to orders placed by the same account or by the same payment method, or also to orders that use the same billing and/or shipping address. We commit to notify the user should such limits be applied.

Violations of system or network security may result in civil and/or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, also, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).