Terms of Use
Updated: May 10, 2021
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The following terms and conditions (these “Terms of Use” or “Terms”) govern your access to and use of our website, including any content, functionality, and services offered on or through www.pancika.com (the “Website”), which are operated by or otherwise made available by Pancika Studios LLP (“Company” or "we" or "us" or "our").
Please read the Terms carefully before using our Service. This is an agreement between you and Company. By accessing or using the Service, you acknowledge that you have read, understood, and agreed to these Terms. We may periodically modify these Terms of Use and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time. Your continued use of the Service means that you have accepted those modifications. We expressly reserve the right to monitor any and all use of this Website, without liability. Use of this Website shall be deemed to be acceptance of the following Terms of Use.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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Use of our Services
You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
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Refusal of Service
The Service is offered subject to our acceptance of your order or request for Service. We reserve the right to refuse service to any order, person or entity, without any obligation to explain our reason for doing so. An order is not deemed accepted by us until payment has been processed.
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Order Confirmation and Payment
We will email you to confirm the placement of your order and with details concerning your order. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible so that we may correct the error.
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Service Description
We endeavor to describe and display on the Website, the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Website is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
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User Comments, Feedback, and Other Submissions
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
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Copyright Policy, Notice and Claim Information
The company owns and operates this Website. All Materials on this Website, whether separate or compiled, including but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, HTML code, and XML code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Pancika Studios LLP and its third-party information providers and are protected by intellectual property law.
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Ownership of Intellectual Property
All Company’s graphics, logos, page headers, and service names are trademarks, service marks or trade dress appearing on this Website are the exclusive property of Pancika Studios LLP. Company’s trademarks, service marks, and trade dress may not be used in connection with any product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. Nothing contained on this Website should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of Pancika Studios LLP.
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Representations and Warranties for Payment
We may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party websites, applications, services or resources (“Third Party Services”). Any such Third Party Services are subject to different terms or conditions and privacy practices created or controlled by third party providers and not us, and Client should review them carefully and independently. We are not responsible for or liable for the availability, accuracy, reliability or anything related to Third Party Services, including the content thereon. Links or other access to information of Third Party Service providers shall not constitute an endorsement by us of such providers or their services.
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Payment Processing Agency
Payment processing is done by PayPal and is subject to their Agreement. By agreeing to these Terms or by accessing, searching or using the Website, You agree to be bound by these Terms, as they may be amended or modified from time to time. Our provision of any payment processing services through PayPal is subject and conditioned upon, You agree to provide us up-to-date, accurate, and complete information relating to you and your payment instrument(s) and You expressly authorize us to share this information and transaction-related information relating to your use of payment-related services. We reserve the right to provide payment processing services through other third party vendors, and if it chooses to do so, will provide notice to your registered email or through another method.
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Third-Party Website
Data and other materials appearing on this Website that are provided by third parties are believed to be obtained from reliable sources, but we cannot guarantee and is not responsible for their accuracy, timeliness, completeness or suitability for use. The company is not responsible for, and does not prepare, edit, or endorse the content, advertising, products or other materials on or available from any web Website owned or operated by a third party that is linked to this Website via hyperlink. The fact that we has provided a link to a third party’s web Website does not constitute an implicit or explicit endorsement, authorization, sponsorship or affiliation by us with respect to such web Website, its owners, providers or services. You use any such third-party content at your own risk.
Disclaimers and Limitations of Liability
THE INFORMATION ON OUR WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE OR SERVICE, YOUR WEBSITE USE, OR THE WEBSITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (B) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (C) THIRD PARTY THEFT OF, DESTRUCTION, OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS APPLIES EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN THE DAMAGES.
IN NO CASE SHALL COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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Indemnification
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
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Entire Agreement; Waiver
These Terms of Use constitute the entire agreement between you and Company pertaining to the Website and Service and supersede any and all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
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Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Pancika Studios LLP
C-205, 6th Floor,
SM Heights, Phase 8B,
Mohali, Punjab 160070
Governing Law
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
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Severability
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Changes to Terms of Use
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.