Terms of use

Last updated on January 14, 2016


This document is an electronic record pursuant to the terms of the Information Technology Act, 2000 and the Rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published pursuant to Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which mandates publishing the rules and regulations, privacy policy and user agreement for access or usage of “www.redpolka.com” (the “Website”). For the avoidance of doubt, the term “Website” shall mean and include www.redpolka.com, any mobile application of Red Polka and/or any interface available to a user for accessing or using the services provided by Red Polka. INTRODUCTION DOS Interactive Private Limited, a company incorporated under the Companies Act, 2013 with CIN U74999MH2014PTC259446 and having its registered office at 1801, Lodha Grandeur, Sayani Road, Prabhadevi, Mumbai – 400025 (“Red Polka”) owns and operates the Website. Your use of the Website and its related services and tools are governed by the terms and conditions as contained here the (“Terms of Use”). For the purposes of these Terms of Use, wherever the context so requires “you”, “your”, “yourself” or “user” shall mean any natural or legal person who (i) accesses the Website; (ii) accesses the Website and has agreed to become a member of the Website by providing Registration Data (hereinafter defined); and/or (iii) accesses the Website as a registered user and transacts on the Website using the services available on the Website. The term ‘we’, ‘us’, ‘our’, “Red Polka” shall mean DOS Interactive Private Limited and includes its associates, affiliates and subsidiary (ies). The use of the Website is offered to you subject to your “Acceptance” of all the terms, conditions and notices contained in these Terms of Use. Upon “Acceptance” these Terms of Use shall be effective and binding along with any amendments made by Red Polka at its sole discretion and posted on the Website and you shall not claim invalidity of these Terms of Use merely on the grounds that these Terms of Use are being concluded electronically. You hereby further agree that these Terms of Use are being concluded and executed at Mumbai . AMENDMENTS Red Polka reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to keep yourself updated and to check the Terms of Use periodically for any changes or modifications. Your continued use of the Website following the posting of changes shall mean that you accept and agree to the changes and modifications so made. As long as you comply with these Terms of Use, Red Polka grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. By accepting these Terms of Use, you also accept and agree to be bound by the terms and conditions and policies as posted on the Website from time to time, including without limitation, the Privacy Policy, Refund & Return Policy and Intellectual Property Rights Policy. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT AND ACCEPTANCE TO ALL THE TERMS AND CONDITIONS IN THESE TERMS OF USE, SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

1. MEMBERSHIP ELIGIBILITY Use of the Website is available only to persons who can enter into a legally binding contract under the Indian Contract Act, 1872. 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 or are incompetent to contract pursuant to applicable laws. If you are accessing our Website as a guest user, you shall not be allowed to use the full functionality of the Website or avail all the benefits available to registered users. 2. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS You are responsible for (a) maintaining the confidentiality of your User ID and Password; and (b) for all activities that occur under your User ID and Password. You agree, inter alia, to: (a) provide true, accurate, current and complete information while registering (such information being the "Registration Data"); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (c) notify us of any unauthorized use of your password or account or any other breach of security; and (d) ensure that you exit from your account at the end of each session. In the event you sign in to the Website through another social media platform, we shall rely on the information shared with us by such a platform. Any Registration Data shared by a social media platform will be subject to the privacy policy and agreement you have entered into with such platform and shall not be the responsibility of Red Polka. We reserve the right to terminate, block or suspend your membership or access to the Website, in our sole discretion, if we suspect that any of the Registration Data you have provided is untrue, inaccurate, not current or incomplete. We shall not be liable for any loss or damage arising from your failure to comply with this Clause 2. 3. ELECTRONIC EXECUTION AND COMMUNICATIONS When you use the Website or send emails or other data, information or communication to Red Polka, you agree and understand that you are communicating with Red Polka through electronic records and you consent to receive communications via electronic records from us periodically. We may communicate with you by email or by posting notices on the Website or by such other mode of communication, electronic or otherwise. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing. 4. CHARGES We may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website, including without limitation, the right to charge fees for new services offered or amend/introduce fees for existing services, as the case may be. Any such modifications or changes to the fee and related policies shall become effective immediately once displayed on the Website. You shall be solely responsible for compliance with all applicable laws relating to making payments to us.

5. USE OF WEBSITE You further agree, undertake and confirm that your use of the Website shall be strictly governed by the following: 5.1. You understand and agree that the Website is merely a platform for providing services to its users and persons accessing the Website. All items advertised/listed and the contents therein are advertised and listed based on information/content provided by the vendors and/or are the third party user generated content. 5.2. In terms of the Information Technology (Intermediaries Guidelines) Rules, 2011, you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information that: 5.2.1. belongs to another person and to which you do not have any right; or 5.2.2. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or 5.2.3. is misleading in any way; or 5.2.4. is patently offensive to the online/e-commerce 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; or 5.2.5. harasses or advocates harassment of another person, entity or organization; or 5.2.6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or 5.2.7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or 5.2.8. infringes upon or violates any third party's rights, (including but not limited to, intellectual property rights, proprietary 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; or 5.2.9. promotes an illegal or unauthorized copy of another person's copyrighted work (see “Intellectual Property Rights Policy” for instructions on how to lodge a complaint about any infringement of your intellectual property), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or 5.2.10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or 5.2.11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or 5.2.12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or 5.2.13. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or 5.2.14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or 5.2.15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website. For the purposes of these Terms of Use, our “prior written consent” means a communication coming from our legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization; or 5.2.16. solicits gambling or engages in any gambling activity which Red Polka, in its sole discretion, believes is or could be construed as being illegal; or 5.2.17. interferes with another user's use and enjoyment of the Website or any other individual user’s enjoyment of similar services; or 5.2.18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other websites, or contains content that is prohibited or violates the letter or spirit of these Terms of Use; or 5.2.19. harm minors in any way; or 5.2.20. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or 5.2.21. violates any law for the time being in force; or 5.2.22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or 5.2.23. impersonate another person; or 5.2.24. contains software viruses or any other computer code, 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 identifiable information; or 5.2.25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or 5.2.26. is false, inaccurate or misleading; or 5.2.27. directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of 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; or 5.2.28. creates liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. 5.3. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. 5.4. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means. 5.5. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer/user, including any Red Polka account not owned by you, to its source, or exploit the Website or any service or 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, as provided for by the Website. 5.6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on our systems or networks, or any systems or networks connected to the Website. 5.7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or interfere with any other person's use of the Website. 5.8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or 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 that you represent, someone else, or impersonate any other individual or entity. 5.9. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Red Polka or others. 5.10. Solely to enable us to use the information provided by you, so that our use of your information does not violate any of your rights, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use and exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with this Terms of Use and our Privacy Policy displayed over the Website is available below. 5.11. You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related being displayed on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. 5.12. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials 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 investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. 5.13. Your correspondence or dealings with, or participation in promotions of, third party advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Website. 5.14. It is possible that some users of the Website (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you on the public forum due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of 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, or from the Website on other social media platforms. 5.15. We 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 group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of services). 5.16. You further declare that the product will be acquired for personal use of the consignee and/or buyer. The product will not be sold, resold, bartered or in any way disposed for profit.

6. CONTENTS POSTED ON SITE 6.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Red Polka, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 6.2. Except as expressly provided in these Terms of Use, no part of the Website and no 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 or distribution or for any commercial enterprise, without our express prior written consent. 6.3. You may use information on the Website products and services purposely made available by us for downloading from the Website, provided that you: 6.3.1. do not remove any proprietary notice language in all copies of such documents; or 6.3.2. 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 in any media; or 6.3.3. make no modifications to any such information; or 6.3.4. do not make any additional representations or warranties relating to such documents or information. 6.4. You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website. Such content will become the property of Red Polka and you grant us the worldwide, perpetual and transferable rights in such contents. We shall be entitled, consistent with our Privacy Policy, to use such contents or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include contents you provide. You agree that any such content you post may be used by us and you are not entitled to any payment or other compensation for such use. 7. OTHER BUSINESSES We do not take any responsibility or liability for the actions, products, content and services displayed on the Website, which are linked to Affiliates and/or third party websites using Red Polka APIs or otherwise. In addition, we may provide links to the third party websites of affiliated companies and certain other businesses for which, we assume no responsibility for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof. We do not provide any guarantee with respect to any third party content and we shall not be held liable for any loss suffered by you based on your reliance on or use of such data or services offered by such third party websites or affiliated companies or their businesses. 8. LINKS We welcome links to our Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your site by the Website. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without the prior express written consent of Red Polka and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Website without our prior written consent.

9. PRIVACY We view protection of your privacy as a very important principle. We understand clearly that you and your personal identification information is one of our most important assets. We store and process your personal identifiable information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and the rules framed thereunder. Our current Privacy Policy is available below. If you object to your information being transferred or used in the way as provided in the Privacy Policy, please do not use our Website. Your Consent: By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Red Polka in accordance with our Privacy Policy as displayed on the Website. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable to you.

11. DISCLAIMER OF WARRANTIES AND LIABILITY 11.1. We shall neither be liable nor responsible for any actions or inactions of the vendors nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products nor hereby expressly disclaim any and all responsibility and liability in that regard. 11.2. This Website, all the materials and products (including but not limited to software) and services offered through the Website, included on or otherwise made available to you are on an “as is” and “as available” basis without any representation or warranties, express or implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose, except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that: 11.2.1. this website will be constantly available, or available at all or the Website or the services offered on the Website will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; or 11.2.2. the information on this Website is complete, true, accurate or non-misleading; or 11.2.3. the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; 11.2.4. We will be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. 11.2.5. This Website; information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; our servers; or any electronic communication sent from the Website are free of viruses or other harmful components; 11.3. Nothing on the Website constitutes, or is meant to constitute, advice of any kind; 11.4. You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS without your consent. 12. PAYMENT 12.1. While availing any of the payment method/s offered on the Website, we shall not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to you due to: 12.1.1. Lack of authorization for any transaction/s; or 12.1.2. Exceeding the preset limit mutually agreed by you and between your bank/s; or 12.1.3. Any payment issues arising out of the transaction, or 12.1.4. Decline of transaction for any other reason/s. 12.2. All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable by the Union of India. 13. BREACH 13.1. Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to: 13.1.1. If you breach the Terms of Use or Privacy Policy or any other rules and policies as displayed on the Website; 13.1.2. If we are unable to verify or authenticate any information you provide; or 13.1.3. If it is believed that your actions may cause legal liability for us, you, or other users. We may at any time at our sole discretion reinstate suspended users. A user 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 user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or any other rules and policies as displayed over the Website, we reserve the right to recover any amounts due and owing by you to us or to 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. 13.2. You also agree that any breach by you of these Terms of Use or any other rules or policy as displayed over the Website will constitute an unlawful and unfair business practice, and will cause irreparable harm to Red Polka, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies we may have at law or in equity. 13.3. If we initiate any legal action against you as a result of your violation of these Terms of Use or any other rules or policy as displayed over the Website, we shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. 14. INDEMNITY You shall indemnify and hold harmless Red Polka, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees (collectively, “indemnified parties”), from any claim or demand, or actions including reasonable attorneys' fees asserted against or incurred by such indemnified parties, made by any third party or penalty imposed due to or arising out of your breach or non-performance of the terms of these Terms of Use, Privacy Policy and other policies as displayed over the Website, or your violation of any law, rules or regulations or the rights of a third party. 15. LIMITATION OF LIABILITY IN NO EVENT SHALL RED POLKA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ITS SERVICES OR THESE TERMS OF USE, EVEN IF RED POLKA HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS. Red Polka’s liability in any circumstance is limited to the amount of fees, if any, paid by you to us. Red Polka, its associates, affiliates and service providers make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Red Polka assumes no liability whatsoever for any monetary or other damage suffered by you on account of: (a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; (b) Any interruption or errors in the operation of the Website; and (c) Any goods or materials purchased from any of Red Polka’s affiliates through their websites.

16. APPLICABLE LAW These Terms of Use or the documents they incorporate by reference shall be governed by and interpreted and construed in accordance with the laws of India. Any and all disputes arising under these Terms of Use or any other document as displayed over the Website between you and Red Polka shall be subject to the exclusive jurisdiction of courts at Mumbai. 17. JURISDICTIONAL ISSUES Unless otherwise specified, the materials/products on the Website are presented solely for the purpose of sale in India currently. We make no representation that the materials or products on the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this Website from other locations/countries other than India do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable. 18. TRADEMARK, COPYRIGHT AND RESTRICTION This Website is controlled and operated by Red Polka. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Red Polka or by other parties that have licensed their material to us. The materials or products on the Website are Red Polka’s solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such materials in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner or Red Polka, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of Red Polka or the vendor or the owner (as may be applicable), and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. 19. RISK OF LOSS All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

20. PRODUCT DESCRIPTION We endeavour to ensure that the products that you buy from the Website are genuine, authentic products and are being sold by well reputed vendors at the best prices possible. We also offer extend all the warranties, guarantees as entailed by in the product by the vendor to you. We try to be as accurate with regards to the information pertaining to the products and services as displayed over the Website on behalf of our vendors. However, we do not warrant that product description or other content of this Website is accurate, complete, reliable, current, or error-free. It is also clarified that we seek to ensure the aforesaid only on a best endeavour basis and do not assure or provide any personal warranties or assume any liability or responsibility pertaining to the genuinity and authenticity of the products and/or the vendor, for which the vendor shall be solely responsible and liable. 21. PRICING/TYPOGRAPHICAL ERROR If we come across any difference in pricing resulting from typographic errors with respect to pricing or product information, we shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from you within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order or any other mode at our discretion. Cash on Delivery order refunds will be done by cheque. 22. RETURN AND REFUND POLICY If any goods are purchased through an affiliate website, that is a link provided to another online store, your purchase shall be subject to the terms and conditions (including return and refund policy) of such website. For information on the return & refund policy for goods purchased on the Red Polka store, refer to http://shop.redpolka.com/ 23. CANCELLATION OF ORDER We reserve the right to cancel any order without any explanation for doing so, under situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the our policy or order has invalid address/incorrect information or for any other reason. However, we will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time. 24. TERMS & CONDITIONS FOR PROMOTIONS AND OFFERS 24.1. Sale/discounts apply to selected items only. Although there may be many brands on sale, there might be some exclusions in the offers. 24.2. Each sale will run till stock lasts. 24.3. No two offers can be clubbed together. 24.4. Due to technical issues, typographical errors or information received from our suppliers and service providers, prices of the products shown on the Website may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same. 24.5. All offers are non-transferable and have no cash value. 24.6. We reserve the right to extend, terminate, amend, add, remove, modify (in whole or part) the offers/sale, without further information at any point of time and our decision in this regard shall be final and requires no intimation to the customer of any sort. 24.7. In case of any query pertaining to the schemes, please email customer care at doorbell@redpolka.com or call 022 24969566

25. GENERAL 25.1. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Red Polka to DOS Interactive Pvt Ltd, Attn: Red Polka, at Red Polka’s registered office situated at 1801, Lodha Grandeur, Sayani Road, Prabhadevi, Mumbai – 400025, or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 25.2. Severability: If any clause of the Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms of Use. 25.3. Entire Agreement: These Terms of Use sets forth the entire understanding and agreement between you and Red Polka with respect to the subject matter hereof. 25.4. Assignment: You cannot assign or otherwise transfer these Terms of Use, or any rights granted hereunder to any third party. We may transfer our rights and obligations (also known as “assign”) under these Terms of Use without your prior express consent, provided that we shall assign the Terms of Use on the same terms or terms that are no less advantageous to you.

26. GRIEVANCE OFFICER In accordance with Information Technology Act, 2000 and rules framed thereunder, the name and contact details of the Grievance Officer is published herewith: