The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement including any other policy incorporated herein by reference, at any time and in its sole discretion. Any changes or modification will be effective immediately and you waive any right you may have to receive specific notice of such changes or modifications. You are free to decide whether or not to accept the changed/modified version of this Agreement, but accepting such a changed/modified Agreement is essential and required for you to continue using the Website. You may have to click “accept” or “agree” to show your acceptance of any changes/modifications made to this Agreement. In the event that you are not required to expressly click any such “accept” or “agree” option, your continued use of this Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you agree that you will periodically review this Agreement from time-to-time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the terms of this Agreement or to any changed/amended/modified version of this Agreement, your sole recourse is to terminate your use of the Website, in which case you will no longer have access to the Website, including any account you might have created. Except as otherwise expressly stated, any use of the Website, is subject to the version of this Agreement in effect at the time of use.
In the event you have forgotten your email address and/or password, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Zama in writing, and should change your password at the earliest possible opportunity.
If your email address changes, you must establish a new account in order to ensure your continued use of the Website from that new email. Your account is not transferable between email addresses.
We reserve the right to disallow, cancel, remove or reassign certain passwords and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of this Agreement or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
You may terminate your account at any time as described in the Termination section below.
If you are a user with several accounts, and you breach any of the terms or conditions set forth in this Agreement, we may, at our sole discretion, suspend or terminate all of your accounts. If you are in arrears in payment of any of your accounts, we may recover any amounts outstanding on any of your accounts from any of your other accounts that may have credit balances.
When you use the Website or send emails or 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 and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
LICENSE & ACCESS TO THE WEBSITE
The Company grants you a limited sub-license to access and make personal use of the Website, but not to download or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sub – license does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company. 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 server, computer, network, or to any of the services offered on or through the Website, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which: belongs to another person and to which you do not have any right; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; harms minors in any way; infringes any patent, trademark, copyright or other proprietary/intellectual property rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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 any other nation; is misleading or known to be false in any way
Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.
All prices of products listed on the Website are subject to change. Zama reserves the right, at any time, to modify, suspend, or discontinue the sale of any product or Services with or without notice. The prices mentioned at the time of ordering will be the prices charged to you.
ORDERS & ACCEPTANCE OF ORDERS
When you place an order on Zama, you are making an offer to purchase, and such offer is subject to acceptance of Zama. Your receipt of an order confirmation from Zama does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Zama reserves the right, at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason whatsoever. Zama may require additional verifications or information before accepting any order. Your order is not accepted until Zama sends you a confirmation for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if Zama cancels all or a part of your order, your sole and exclusive remedy is either that (a) Zama will refund the balance into your account for the cancelled portion (if your account card has already been charged for the order) or (b) Zama will not charge your credit/debit card or bank account for the cancelled portion of the order.
Each product or Service you order on the Website, you agree to pay the price applicable for the such product or service as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select, if any (“Delivery Fees”), and any applicable taxes (defined below). You will be solely responsible for payment of all taxes (as will be calculated on your total order amount), fees, duties, and other governmental charges, and any related penalties and interest, arising from the purchase of the products and services (“Taxes”). All payments are non-refundable (except as expressly set forth in these Terms and Conditions). Please note that for all prepaid orders, order delivery is subject to the complete payment received by Zama. Further, for all cash on delivery orders, successful delivery of the products is subject to the Zama representative receiving the Product Price along with the Delivery Fees, if any, from you.
COUPONS AND PROMO CODES
From time to time, the Company may at its sole discretion offer you promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made by you on the Website. Unless specifically stated on the code or coupon, a promotional code or coupon shall: expire at 12:00AM (inclusive of the issuance date) from the date of issuance endorsed thereon; have a maximum discount value of INR 500.00 only
At the time of using promotional codes and coupons for a purchase on the Website, the payment mode “cash on delivery” shall not be available for making payments towards the order.
REFUND & CANCELLATION POLICY
We want you to be absolutely pleased with your order. If you’re not, let us know at firstname.lastname@example.org and we’ll make it right.
In the unfortunate event that you want to cancel your order, you can do so within 12 hours of placing your order. For more details about out cancellation policy please visit https://zamaorganics.com/faqs
You further agree and confirm that: that in the event any product delivery is delayed or is returned from its destination on account of a mistake by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Company for re-delivery of the product/s shall be borne by you. you agree to use the Services provided by the Company for lawful purposes only, and comply with all applicable laws and regulations while using / accessing and transacting on the Website.
you will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time.
if at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.
you are accessing the Services made available by the Company and transacting at your sole risk and are using your best and prudent judgment before entering any transaction through the Website.
before placing an order, you acknowledged to have checked and reviewed the product description carefully and in sufficient detail. By placing an order on the Website, you agree to be bound by the conditions of sale included in the item’s description without exception.
INTELLECTUAL PROPERTY RIGHTS (IPRs)
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Website. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company’s intellectual property rights. All rights, including copyright, in and to the Website are owned by or licensed to the Company. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Company.
DISCLAIMER OF WARRANTY
The Website is provided “as is”, and we do not represent or warrant that the Website will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free or will operate without data loss, nor do we warrant any particular quality of the Website, software or services. We disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the Website, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all (a) warranties of merchantability, (b) warranties of fitness or suitability for any purpose (whether or not we know, we have reason to know, we have been advised or we are otherwise aware of any such purpose), (c) warranties of non-infringement or condition of title, and (d) warranties that the site, the Website will operate without interruption or error. You acknowledge and agree that you have relied on no warranties.
Zama and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement, merchantability and fitness for a particular purpose.
Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.
LIMITATION OF LIABILITY
Neither we nor our related parties are liable to you or any third party for any loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business, loss of or damage to business or reputation, loss of opportunity, loss of advantage, loss of use of any software or data, loss of use of any mobile phone or other equipment, loss of use of the system on which the Website are used, or for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with this agreement, the Website, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised or are otherwise aware of the possibility of such damages.
In no event shall our and our related party’s total cumulative liability for any loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business, loss of or damage to business or reputation, loss of opportunity, loss of advantage, loss of use of any software or data, loss of use of any mobile phone or other equipment, loss of use of the system on which the Website are used, or for any direct, indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with this agreement, the Website, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we or our related parties have been advised or are otherwise aware of the possibility of such damages, exceed the amount paid by you for your use of the Website in the six (6) months prior to the accrual of the first claim. Multiple claims will not expand this limitation. This section will be given full effect even if any remedy specified in this agreement is deemed to have failed of its essential purpose.
We and our related parties are not liable for any delay or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, act of god, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.
Without limiting the generality of the foregoing, we may provide third party content on the Website and may provide links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or third party web sites. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any Third Party Content. You use such Third Party Content contained therein at your own risk.
REPRESENTATION AND WARRANTY; INDEMNITY
You represent and warrant that you will: (a) comply with all of your wireless carrier’s terms and conditions; and (b) not breach any of the terms set forth in this Agreement (c) the accuracy and truthfulness of all information you provide to the Website for uploading to the Website or otherwise, and (2) no information you upload to the Website shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).
The Company expressly disclaims all representations, warranties, conditions, or indemnities, express or implied in respect of the Website.
You agree to indemnify and hold us and our related parties harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action or proceeding against us or our related parties, whether successful or not, resulting from, arising in connection with or relating to: (a) your breach of any term of this Agreement or any policy or guidelines referred to in it; (b) your use or misuse of the Website; or (c) any breach of any of your representations and warranties.
This Agreement is effective unless and until terminated by either you or Zama. You may terminate this Agreement at any time, provided that you discontinue any further use of this Website. Zama may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Zama. Upon termination of this Agreement by either you or Zama, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Agreement or otherwise. Zama’s right to any comments/reviews shall survive any termination of this Agreement. Any such termination of this Agreement shall not cancel your obligation to pay for any product already ordered from the Website or affect any liability that may have arisen under this Agreement.
(i) Relationship of the Parties: You acknowledge and agree that nothing in this Agreement, including, but not limited to, registration with our Website, constitutes an employment agreement or creates or acknowledges an employment relationship between you and us or makes us partners, joint venturers or otherwise participants in a joint undertaking. Our relationship shall at all times be one of independent contractors.
(ii) Amendments: We reserve the right to change or amend the terms of this Agreement at any time. If we do this and the change is to your detriment, we will place a notice on www.zamaorganics.com or notify you by any other means we deem appropriate in our sole discretion. It is your responsibility to check this agreement on a regular basis, including, without limitation, prior to using the Website. Your continued use of the Website constitutes your acceptance of the revised terms.
(iii) Notices: Notices by you to us hereunder shall be invalid unless made in writing (fax or signed document) to the fax number or mailing address listed on www.zamaorganics.com. Notices by us to you may be made in any manner we deem appropriate in our sole discretion.
(iv) Assignment and Delegation: You must not transfer your account or assign any of your rights or delegate any of your duties under this Agreement without our prior written approval. We may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
(vi) Confidentiality: You must keep any information you obtain relating to our software confidential and will not use such information for any purpose that is not specifically provided for in this Agreement or authorized by us in writing.
(vii) No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
(viii) Headings: The headings used in this Agreement are intended for convenience of reference only and in no way define, limit or describe the scope or substance of any of its provisions.
(ix) Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the India. You consent to the jurisdiction of the courts of Mumbai, Maharashtra, for any and all disputes arising under or in connection with this Agreement.
(x) Prevailing Language: The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.