User’s Acknowledgment and Acceptance of Terms (Last Updated on 04 April 2017 and effective as of November 1,2015)
The Site is currently owned and operated by Zodiva Web Services Pvt Ltd.
We expressly reserve the right to modify, discontinue or terminate the Site, Application or Services or to change these Terms and Conditions of Use at any time and without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms and Conditions of Use from time to time and to familiarize yourself with any modifications. If we modify these Terms and Conditions of Use, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms and Conditions of Use. Your continued access to, or use of the Site after we have posted a modification will constitute acknowledgement of the modified Terms and Conditions of Use and agreement to abide by and be bound by the modified Terms and Conditions of Use. If the modified Terms and Conditions of Use are not acceptable to you, your only recourse is to cease using the Site, Applications and the Services.
As used in these Terms and Conditions of Use, references to our “Affiliates” include our promoters, subsidiaries, affiliated companies, officers, directors, suppliers, partners, investors, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
Description of Services
We make various services available on and through the Site including, but not limited to, personalized recommendations and style advice for women’s clothing and accessories, along with other services and features we deem relevant. You are responsible for providing, at your own expense, all equipment and resources necessary to use the Site and Services, including a computer, software, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue any service associated with the Site, including any of the Site’s features, at any time with or without notice to you. You agree that we will not be liable to you or any third party should we exercise such right at any time. You also agree that any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms and Conditions of Use.
Rules for Service Professionals
- PROFILES AND OFFERS MUST NOT BE FRAUDULENT
- PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT ZODIVA FEES
In case we realize that any professional is involved in any of the above activities, Zodiva holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
- PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL SITE USERS
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Zodiva, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page.
Rules for Service Users
- SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Zodiva in connection with the use or purchase of any Service.
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Zodiva, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
- Registration Data and Privacy
In order to access certain services or features on the Site, you are required to use an account and password. You may obtain an account and password only by completing our online registration form. The online registration form requests certain information and data (“Registration Data“). You are required to maintain and update your Registration Data as your information and data may change. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required, keeping it current, complete, and accurate.
Use of Submitted Content
- NO CONFIDENTIALITY
The Site may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Zodiva does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Site is provided on a non-proprietary and non-confidential basis. You agree that Zodiva shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to Zodiva.
Zodiva may also disclose user information including personal information if Zodiva reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Zodiva’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
- YOUR REPRESENTATIONS AND WARRANTIES
- YOUR OWNERSHIP RIGHTS AND LICENSE TO ZODIVA
You acknowledge and understand that the technical processing and transmission of the Site, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Site at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
- ZODIVA 'S DISCLAIMERS AND RIGHT TO REMOVE
- You acknowledge and understand that when using the Site, you will be exposed to Submitted Content from a variety of sources, and that Zodiva is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Zodiva with respect thereto, and agree to indemnify and hold Zodiva, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
- You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Site, or transmit to other Site users. You understand and agree that Zodiva may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Site users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Zodiva, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Site, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Zodiva is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Zodiva is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
Conduct on Site
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance, results and consequences of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
You acknowledge that we neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We have no obligation to pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site. However, we may elect to prescreen, monitor or edit any content. Additionally, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions of Use and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. You agree that we are not responsible for any failure or delay in removing such content. You hereby consent to any such removal deemed appropriate by us, and, you waive any claim against us arising out of such removal of content and agree to indemnify and hold us harmless from any and all claims asserted based upon such removal. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or any associated services or features. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may, at any time and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above Terms and Conditions of Use and associated provisions. Upon such termination, you agree that we may remove any and all material or content that you may have posted to our Site. In addition, you acknowledge that we do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
Third Party Sites and Information
The Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience to you and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either expressed or implied.
Intellectual Property Information
For purposes of these Terms and Conditions of Use, we define “content” as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes message boards, chat, and other original content.
By accepting these Terms and Conditions of Use, you acknowledge and agree that all content presented to you on the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Zodiva and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of any materials displayed on, or obtained through, the Site will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes on any patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary right of any party.
The Site may include and make available custom graphics, icons, logos and service names, all of which are trademarks or service marks of Zodiva or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms and Conditions of Use grants you any right to use any trademark, service mark, logo, and/or the name of Zodiva or its Affiliates for any purpose whatsoever without the prior written approval of an authorized representative of Zodiva.
Unauthorized Use of Materials
We view the removal or “take down” of content from the Site as a significant step. Consequently, if you believe your copyright has been infringed by a posting on the Site, we ask that you send notification to our Designated Agent (as identified below).
To be effective and to support immediate removal of the allegedly infringing material or content, your notification to our Designated Agent needs to include the following:
- Detailed identification of your copyrighted or otherwise protected work that you believe has been infringed.
- Identification of the specific content or material on the Site that you claim is infringing your copyrighted or otherwise protected work identified in item #a above.
- Your contact information (email address preferred).
- Contact information for the owner/administrator of the allegedly infringing webpage or other content (email address preferred).
- You must also include the following statements in your written notification:
I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You must then sign your written notification.
- Finally, send the completed written notification to our Designated Agent at the following address:
Designated Agent for Claimed Infringement:
Contact: [email protected]
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE AT ANY TIME WITHOUT NOTICE TO YOU. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE. WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOUR USE OF ANY SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ELECTRONIC AND DIGITAL FILES OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.
Through your use of the Site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller/purchaser of such merchandise or services and you. You agree that neither Zodiva nor its Affiliates shall be a party to any commercial contract between you and any sellers/purchasers.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
Content available through the Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Zodiva spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Site for further information, which policies are incorporated by reference into these Terms and Conditions of Use.
You understand and agree that temporary interruptions of the services available through the Site may occur. You further understand and agree that we have no control over third party networks you may access in the course of your use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services and features available on the Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY OTHER WEBSITE REFERENCED OR LINKED TO FROM THE SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION.
YOU UNDERSTAND AND AGREE THAT WE PROVIDE THE SERVICES AND FEATURES ASSOCIATED WITH THE SITE CONDITIONED ON YOUR UNDERSTANDING OF, AND AGREEMENT WITH, THE PRESCRIBED LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF USE. BUT FOR YOUR AGREEMENT WITH THESE LIMITATIONS AND DISCLAIMERS, WE WOULD NOT PROVIDE THE SERVICES SET FORTH HEREIN. CONSEQUENTLY, YOU SPECIFICALLY AGREE THAT YOU UNDERSTAND AND AGREE TO THESE LIMITATIONS AND DISCLAIMERS.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site, its services or features. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account. You are solely responsible for all statements made and acts or omissions that occur through the use of your password and account, whether by you or another party in possession of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
Participation in Promotions
From time to time, the Site may include advertisements associated with offers by third parties. You may feel free to enter into correspondence with or participate in promotions of any advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of, and the payment for, goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree that we have no liability, obligation or responsibility for any aspect of your correspondence or transactions with the advertiser. You also understand that the inclusion of an advertisement on the Site does not constitute our endorsement of any offer or promotion associated with that advertisement, nor, does it constitute endorsement of any entity associated with or responsible for the advertisement. You assume all risk associated with any correspondence or transaction with the advertiser.
E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our Site, either directly or through a third-party provider. Where additional Communications services are provided, we may require that you execute separate supplemental agreements covering those services and characterizing the relationship between you and us that, except where expressly noted or contradictory in the supplemental agreements, includes these Terms and Conditions of Use.
At our sole discretion, we may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited Communications between parties. Regardless, you agree that we are not responsible for any legitimate Communication that is blocked, or for any unsolicited Communication that is not blocked.
- FEES INCURRED BY SERVICE PROFESSIONALS
Joining Zodiva, opening an Account, posting Services and viewing posted Services is free. Zodiva reserves the right at its sole discretion to charge fees to Service Professionals for other services that Zodiva may provide in the future.
The decision of Zodiva pertaining to the above shall be final and binding.
- FEES INCURRED BY SERVICE USERS
Joining Zodiva, opening an Account, viewing posted Services, and bidding on posted Services is free. Zodiva currently does not charge Service Users for transactions completed on the Site between Service Users and Services Professionals. However, Zodiva reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Zodiva shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
- REFUND POLICY
All commissions payable to Zodiva by Service Professionals on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.
All fees or charges payable to Zodiva by Service Users on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside India or that the Site complies with any country’s privacy laws. Accessing the Site or materials from territories where the content is deemed illegal is prohibited. If you access the Site from locations outside the India, you do soon your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Governing Law, Venue, Arbitration
The Site (excluding any linked sites) is controlled by us from our office within the state of Karnataka. It can be accessed from all states of India, as well as from other countries around the world. As each of these places has laws that may differ from those of India, by accessing the Site, both of us agree that the statutes and laws of the India, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction or arbitrator in Bangalore with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or via conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected] by email. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
These Terms and Conditions of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions of Use, these Terms and Conditions of Use shall take precedence.
In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms and Conditions of Use to any party whatsoever without any permission from you.
You agree not to sell, resell, reproduce, duplicate, copy, create a derivative work, or use for any commercial purposes any portion of the Site. You also agree that you will not use or access the Site for commercial purposes.
In addition, you agree that we are excused from liability for non-delivery or delay in delivery of products and services available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, power outage, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.
Except as explicitly noted on the Site, the services available through the Site are offered by Zodiva. If you notice that any user is violating these Terms and Conditions of Use, please contact us at [email protected].