Privacy Policy

Last updated: 07 June 2023

1. INTRODUCTION

a) This document is an electronic record in terms of the Information Technology Act, 2000 (21 of 2000) and rules made under Information Technology Rules of 2011 and 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.

b) This document is published in accordance with the provisions of the Information Technology Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of to the mobile application Pantha Lifestlye, an online market place for the sale and purchase of used/pre-owned clothes (hereinafter referred to as “app” or “application”).

c) The app, is owned and operated by Pantha Lifestyle LLP, having its registered office at B/201 Chandan Classic, Behind Old Petrol Pump, Mira-Bhayandar Road, Mira road (E), Thane, Maharashtra-401107 where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, partners, officers, agents and their successors and assigns (hereinafter referred to as “we”, “us” or “company”).

d) For the purpose of this Privacy Policy (“policy”), wherever the context so requires, i) The term ‘you’, ‘user’ & ‘guest user’ shall mean any legal person or entity accessing or using the services provided on this app, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; ii) The terms ‘party’ & ‘parties’ shall respectively be used to refer to the user and the company individually and collectively, as the context so requires. iii) The term ‘facilities’, ‘service’ & ‘services’ shall mean the platform provided by the company through the application whereby the user consign their pre-owned (previously owned) / used (previously used) clothes to the company for listing & sale on the app to other users and potential buyers on the app, and also to purchase such clothes listed for sale by the company or consigned to the company by users for sale for an agreed sale price, as set out in the ‘Terms and Conditions’ of the mobile application.

e) The headings of each section in this policy are only for the purpose of organizing the various provisions under this Privacy Policy in an orderly manner, and shall not be used by you to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by you that the headings shall have no legal or contractual value.

f) The use of the app by the user is solely governed by this Policy as well as the Terms and Conditions (hereinafter referred to as ‘terms’ or ‘terms and conditions’, available within the app), and any modifications or amendments made thereto by the company from time to time, at its sole discretion. Visiting the app and/or using any of the services provided on the app shall be deemed to signify the user’s unequivocal acceptance of this Privacy Policy and the aforementioned terms, and the user expressly agrees to be bound by the same.

g) The user unequivocally agrees that this policy read with the aforementioned terms and conditions constitute a legally binding agreement between the user and the company, and that the user shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any facilities and services that is provided by the mobile application, and that the same shall be deemed to be incorporated into this policy, and shall be treated as part and parcel of the same. The user acknowledges and agrees that no signature or express act is required to make the Terms and Conditions & Privacy Policy binding on the user, and that the user’s act of using any part of the mobile application constitutes the User’s full and final acceptance of the same. The company reserves the sole and exclusive right to amend or modify this policy without any prior permission or intimation to the user, and the user expressly agrees that any such amendments or modifications shall come into effect immediately. The user has a duty to periodically check the policy and stay updated on its requirements. If the user continues to use the mobile application following such a change, the user will be deemed to have consented to any and all amendments/modifications made to the policy. In so far as the user complies with this policy, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the mobile application, and avail of the facilities and services provided therein.

2. COLLECTION OF PERSONAL AND OTHER INFORMATION

a) The user expressly agrees and acknowledges that the company collects and stores the user’s personal information, which is provided by the user from time to time on the app, including but not limited to the user’s user name, passwords, email address, address(s), contact phone/mobile numbers, age, date of birth, sex, nationality, shopping preferences, browsing history, etc, as well as any images or other information uploaded/published by the user on the mobile application. The user is aware that this information will be used by the company/app to provide services and features targeted at the user, that are most likely to meet the user’s needs, and also to customize and improve the mobile app to make its user's experiences safer and easier.

b) The user is aware that the company/app may automatically track certain information about the user based upon the user’s IP address and the user’s behaviour on the mobile application, and the user expressly consents to the same. The user is aware that this information is used to do internal research on user demographics, interests, and behaviour, to enable the company/app to better understand, and cater to the interests of its users.

c) If the user chooses to purchase products/avail of facilities & services from the mobile application, the user consents to allowing the company/app to collect information about the user’s buying behavior, preferences and trends.

d) If the user chooses to post messages / reviews / feedback anywhere on the mobile app, including but not limited to message boards, chat rooms, other message areas, etc., the user is aware that any and all such information provided / uploaded will be collected and may be stored by the company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the company/app as permitted by applicable laws.

e) The user is aware that any and all information pertaining to the user collected by the company, whether or not directly provided by the user to the Company/app, including but not limited to personal correspondence such as chats, feedback from other users or third parties regarding the user’s activities or postings on the mobile application, etc., may be collected and complied by the company/app into a file/folder specifically created for/allotted to the user, and the user hereby expressly consents to the same. Any such information, if not deleted by the Company, will be anonymized to ensure that such information is not traced back to the owner of such information, in accordance with applicable data protection laws.

f) The user is aware that the contact information provided to the company/app may be used to send the user offers and promotions, whether or not based on the user’s previous orders and interests, and the user hereby expressly consents to receiving the same.

g) The user is aware that the company/app may occasionally request the user to complete optional online surveys. These surveys may require the user to provide contact information, demographic information (like pin-code, age, income bracket, sex, etc.), user preferences and other indicators. The user is aware that this data to is used to customize the app for the benefit of the user, and providing all users of the app with products/services/content that the company/app believes they might be interested in availing of, and also to display content according to the user’s preferences.

h) The user is further aware that the company/app may occasionally request the user to write reviews for products/services purchased/availed of by the user from the app, and also reviews of the users listing their products on the app. The User is aware that such reviews will help other users of the app make prudent and correct purchases, and also help the company/app remove users whose products are unsatisfactory in any way, and the user hereby expressly authorizes the company/app to publish any and all reviews written by the user on the app, along with the user’s name, for the benefit and use of other users of the app.

i) Nothing contained herein shall be deemed to compel the company/app to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the user, and the user hereby expressly authorizes the company/app to remove from the app any such content, review, survey, or feedback submitted by the user, without cause or being required to notify the user of the same.

3. COOKIES

a) The user is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser/app/device so it can later be traced back from that particular web browser/app/device, and that cookies are useful for enabling the web browser/app/device to remember information specific to a given user, including but not limited to a user’s login identification, password, etc. The user is aware that the app places both permanent and temporary cookies in the user’s mobile device, and does hereby expressly consent to the same.

b) Additionally, the user is aware that he/she might encounter ‘cookies’ or other similar devices on certain sections of the app that are placed by third parties. The user expressly agrees and acknowledges that the company/app does not control the use of such cookies/other devices by third parties, that the company/app is in no way responsible for the same, and that the user assumes any and all risks in this regard.

4. SHARING OF PERSONAL INFORMATION

a) The user is aware that where necessary, the company/app may share the user’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the company/app’s services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.

b) The user is aware that the company/app may disclose personal information if required to do so by law or if the company/app in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, summons, court orders, or other legal processes. The company/app may also disclose the user’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms and Conditions or Privacy Policy of the company/app; 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 its users, or the general public.

c) The user is further aware that the company/app and its affiliates may share/sell some or all of the user’s personal information with other business entities only in the case/circumstances where the company/app (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the company’s business. No personal information will be sold by the Company for its own commercial gain. Such business entity or new entity will continue to be bound be the Terms and Conditions & Privacy Policy, as may be amended from time to time.

5. SECURITY

Transactions on our mobile application are secure and protected. Any information entered by the user when transacting on the app is encrypted to protect the user against unintentional disclosure to third parties. The user’s credit and debit card information is not received, stored by or retained by the company/app in any manner. This information is supplied by the user directly to the relevant payment gateway which is affiliated to the company/app and is explicitly authorized by the company/app to handle the information provided by the app’s Users, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

6. THIRD PARTY ADVERTISEMENTS / PROMOTIONS

The user is aware that the company/app may use third-party advertising companies to serve ads to the users of the app. The user is aware that these companies may use information relating to the user’s visits to the app in order to provide customized advertisements to the User. Furthermore, the app may contain links to other websites/applications that may collect personally identifiable information about the user. The company/app is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the user expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the user.

7. USER’S CONSENT

By using the app and/or by providing information to the company through the app, the user consents to the collection and use of the information disclosed by the user on the app in accordance with this Privacy Policy, including but not limited to the user’s consent that the company/app will be sharing/divulging the user’s information, as per the terms contained hereinabove in Section 4 of the Policy.

8. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is Saurabh Pansare ; E-mail: grievance.pantha@gmail.com

9. DISPUTE RESOLUTION AND JURISDICTION

If any dispute arises between you and us during your use of the app or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, and the privacy policy or the documents they incorporate by reference, the dispute shall be resolved between you and us through our customer support service, in order to reach an amicable settlement. If such settlement fails, then you or we will be in our respective rights to pursue such dispute through litigation within the exclusive jurisdiction of the courts in Mumbai.

10. ACCOUNT DEACTIVATION

In any scenario where a user wants to delete his/her account on the app. The user can simply write an email to support@panthalifestyle.com and the team will deactivate the account within 24 hours of the request. The user should note that upon deactivation request all the previous information from the app is erased and it cannot be retrieved again by any means. If the user decides to shop from the app again in future, his/her new account will be created in the app.