TERMS OF SERVICES

Access to and use of www.pokaba.com and the products and services available through the website are subject to the following terms, conditions, and notices (“Terms of Service”). By using the services provided on www.pokaba.com hereinafter referred to “our website”, you agree to all terms of Service along with the Privacy Policy on our website, which may be updated from time to time without prior notice to you.

Only persons above the age of 18 who can enter into legally binding contract under the Indian Contract Act, 1872 can use our website and/or transact on our website.

Customers who have registered with Pokaba implicitly agree to give their consent to receive promotional marketing from Pokaba and/or affiliates. Email us at operations@pokaba.com if you wish to opt out. 

1. PRODUCT EXACTNESS: The images of the items on the website are for illustrative purposes only. We have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the items. Your items may vary slightly from those images. 

2. SIZE AND FIT: We do our best to ensure all sizing is as per the size guide, however there may be small variations in sizing between styles and individual body proportions. We take all reasonable care to ensure that all details, descriptions, and sizes of items are as accurate as possible.

3. PRICING: All prices are inclusive of GST. We ensure that all details of prices appearing on the website are accurate, however, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible. If we are unable to contact you, we will treat the order as cancelled. If you cancel within the time stipulated in the order and you have already paid for the goods, you will receive a full refund using the same method you used to make payment, within 15 working days from the date of cancellation of the order. Prices for items may change from time to time without notice. Please note that the prices listed on the website are only applicable for items purchased on the website and not through any other source.

4. ORDER AND CONFIRMATION OF ORDER: Upon you having placed your order, if you have supplied us with your email address, you will receive an email confirmation. In the event we are unable to comply with your order, we will let you know at the earliest. In the event payment for such order has already been made, we will refund the full amount using the same method used to make the payment within 15 working days from the order. If, for any reason, alternative arrangements are necessary, we will notify you and settle the refund.

5. DELIVERY: The Delivery will be as per the Shipping Policy published on the website.

6. RETURN OF ORDERS: The Return of the Orders will be as per the Return Policy published on the website.

7. RETURN DUE TO INCORRECT ORDER OR DAMAGED GOODS RECEIVED: We take utmost care while packing your order to ensure that the right product reaches you in the safest way. However, in case of receiving the order, if the product is incorrect or is damaged in transit, you will have to intimate us of the same within1 day of receiving the said order, the same would be replaced after we receive the damaged goods as return. In such cases, please email us at operations@pokaba.com with pictures showing incorrect/damaged goods. In case you fail to intimate on the same day of receiving an incorrect or damaged product, the product will be considered sold and would not be replaced or refunded.

8. METHODS OF PAYMENT: You can make the payment towards your goods in any of the modes provided by the payment gateway. You will receive the legally required invoice in the Confirmation e-mail sent to you at the time of confirmation of the order.

9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION: While me make every effort to ensure all information is represented accurately, this site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

10. FEEDBACK AND COMPLAINTS: The satisfaction of our customers is very important. We endeavour to deal with your concerns as quickly as possible and always provide you with our feedback after receiving your input. For service inquiries or feedback, please contact our customer service department via email at operations@pokaba.com

11. DISCLAIMER OF GUARANTEE: We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. All products and services delivered to you through the service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability and title.

12. ACCESS: We reserve the right to review and withdraw or amend the services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

13. LICENSE AND SITE ACCESS: We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of any information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us. You may only use this Website for lawful purposes, and you may not use it in any manner that infringes or may infringe the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the website. You may not, without our prior written consent, copy, reproduce, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public or any one else, link to, deep-link into, or distribute in any way the web pages or materials on the website or any other copyrightable material or the computer codes or elements comprising the website other than solely for your own personal use. You may not use the content of the website for any commercial purposes whatsoever.

14. ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Pokaba, 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.

16. INDEMNIFICATION: You agree to indemnify, defend and hold harmless our 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

17. GOVERNING LAW & JURISDICTION: This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the courts at Virajpet, Kodagu alone.

18. WAIVER: In the event of any delay by us in exercising any right or remedy under these Terms and Conditions, the same shall not operate as waiver of that right or remedy nor will it affect our ability to subsequently exercise that right or remedy unless the same is made in writing.

19. SEVERABILITY: If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

20. ASSIGNMENT AND THIRD-PARTY RIGHTS: We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. Apart from you, we alone shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions. 

21. DAMAGE TO YOUR COMPUTER OR OTHER DEVICES: We use all reasonable effort to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, we shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the website.