OVERVIEW

Followings are legal terms and conditions (“Terms”) regarding your use of and access to our sites & apps (website, others) as well as our products and services. While placing orders and or using our products & services, you acknowledge that you have read, understood & agree to abide by these terms and are bound to follow them as these terms are enforceable obligations on you. By visiting any of our sites & apps, you are consenting & agreeing to our terms & conditions as well as policies including revised ones which will be updated from time to time & posted on our website.
1. USER’S RESPONSIBILITY

Any kind of defamation, objectionable content, harassing, obscene, abusive, fraudulent, misleading, inaccurate and such material upload, publicity, hacking, alterations, violation of laws & regulations, spamming, destruction of software via virus and similar threats, modifications of our site/material/pics and related, etc are strictly prohibited. In case you fail to comply & violate the above, we reserve the right to terminate your access which will be effectively resulting in a complete block & barring your access.

Responsibility of safeguarding the confidentiality of your information related to your account with any of our sites and apps is yours. You are fully responsible for the consequences if you decide to disclose your username or password to any third party. In case of any unauthorized use of your account on any of our sites and apps, we request you to notify us immediately.

Any user submitted materials’ (USMs) ownership always lies with users but the rights to the layouts, templates, tools & features will remain with us permanently and you as a user grant us and our service providers of all kinds, such as vendors, designers etc non-exclusive, royality-free, worldwide, transferable, perpetual irrevocable right and licence/right of sub licence to use/distribute, reproduce & such through multiple tiers and solely for the purpose related with your purchase, services you are getting/buying/requesting from us.

You also agree that we may filter, refuse to use any USMs, suspend processing and shipping of any order relating to any USMs and/or disclose any USMs and the circumstances surrounding the use thereof to any third party in order to provide the applicable products or services, to enforce these terms & conditions or to comply with legal obligations or governmental requests. Any violation of these gives us sole right to keep or remove USMs. You are advised to keep back up of your USMs on your personal systems.

2. USE OF OUR WEBSITE

You may access and use our site and apps solely for your personal use. You are not permitted to duplicate/reproduce/copy, or carry out any such activities. We reserve the sole right to discontinue/edit/alter or to make any kind of changes whatsoever in whole or in part. Use of images, text, graphics, sounds, data, links, videos, etc available on our site can be used only for personal purposes. We are not responsible for any transmissions or contents you may send or receive via our sites & apps through we reserve the sole right to set limits for the same.

Zwahrat does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the access to view and distribute user generated content on the site, Zwahrat is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Zwahrat reserves the right at its sole discretion to block or remove communications or materials that it determines to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, in violation of a copyright, trademark or; other intellectual property right of another, violates any law or regulation, offensive or otherwise unacceptable to Zwahrat. Note that any personally identifiable information you may post or transmit will be treated by Zwahrat in accordance with company’s Privacy Statement.

These are strictly prohibited on our site & apps- defamation of any kind, unlawful material/content, abusive & harassing material, stalking, spamming, threatening, uploading others pictures/photos, nudity, violent & hatred content, violation of other’s rights of all kinds, commercial communication, transmission of viruses, defects, trojan horses or any kind of destructive items as well as uploading any said material and content. You are not allowed to inhibit other users from using our site in any way, modify or remove any part of our website, copyrights, trademark or any other proprietary rights. You are not supposed to violate any applicable laws & regulations.

If you fail to comply or violate the above said terms, Zwahrat have absolute rights to proceed for appropriate legitimate actions for which all the expenses will be borne by the offender.

All content available on Zwahrat website e.g. text, pics/graphics/images, logos, audio/video clips, downloads, data compilations, and such is Zwahrat’s property. You need written permission to use above said content in any way in part or full. It is strictly prohibited to create/publish your own data of any sort or kind on Zwahrat website. Users & visitors share their reviews, make statements, such acts on sites & apps with real or anonymous screen names , if these are inaccurate, misleading, deceptive, objectionable to you, we neither endorse nor are responsible for such acts, opinions, statements, utterance made or displayed by third parties etc. The opinions expressed in the forums ( e.g. user comments , online image share, Zwahrat’s public gallery, user forums and blogs etc) are solely participants’ opinions and not ours. We are not responsible for any errors or omissions in messages, its contents, graphics etc. And we, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, or third party users, providers etc are not liable for any loss or damage caused by your reliance on user forums. We do not monitor the forums and any opinionated third-party materials displayed on our sites and apps.

Ideas, feedback, improvement suggestions submitted for our products and services at our sites and apps by users will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Zwahrat. If you intend to retain any intellectual property rights in your ideas and suggestions then please submit on our sites & apps only after our prior written approval.

3. USE OF OUR PRODUCTS

After using our products if you get any kind of reaction, irritation, allergy etc, we strongly advise you to discontinue using that particular product & consult your physician.

Normally, our products have shelf life of 24-36 months but sale/promotions or discounted offers can have shelf life between 5-14 months.

Products’ features/descriptions/content, images/graphics, specifications, prices and availability of any products or its quantity or services, sale, promotions, coupon codes, etc are subject to change without prior notice as well as discontinuation of any product or service. By placing an order of our products, you agree that they will be used in a lawful manner.

4. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when it comes to colors, shades, images, graphics, features, usage of our products, any related content, information, packaging etc on our website. However, we are unable to guarantee that above said is absolutely accurate, complete, reliable, and or error-free. Also colors and shades etc. depend on your instrument, monitor and their display, photoshoots, cameras, lighting, software and other technical reasons.

While purchasing, creating account on our sites & apps, you need to share your relevant information such as name, email ID, phone number, address, payment instrument details etc, this information should be accurate & complete as this will be verified before accepting your purchase order. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order, or services we provide. If you do not use your account & remain inactive for more than 3 months, Zwahrat has the rights to terminate it.

5. THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, this site may contain links to other sites on the Internet that are owned and operated by third parties & their vendors ( “External Sites”). Even if the third party is affiliated with us, we have no control over these linked sites, we do not review them. All of these have separate privacy policy and data collection practices, independent of Zwahrat. Zwahrat has no responsibility or liability for their independent policies or actions and is not responsible for the privacy policies & other practices or the content or any applicable charges of such websites. These linked sites are only for your information & convenience and therefore you access them at your own risk. Links do not imply that Zwahrat sponsors, endorses, is affiliated or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. Your use of such sites & services is at your own risk. And we have all the rights to block third party links on our sites & apps without any prior notice.

Also other sites may provide links on our sites & apps which may or may not be authorised by us. In both the cases, we do not endorse, and will not be responsible or liable in any way for any kind of products, material or graphics etc

6. CHILD PROTECTION

Zwahrat makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any site or External Sites. Zwahrat does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for them. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

7. OBJECTIONABLE CONTENT

If you think that any content on Zwahrat website is offensive, unlawful, sexually explicit, promoting hatred, misleading, objectionable, relates to gambling/such acts, threatens the unity, integrity, security or sovereignty of our country India, kindly notify us immediately and we will make all reasonable endeavours to remove such content within a reasonable time.

8. LIMITATION OF LIABILITY

In no event shall Zwahrat & it’s all types of affiliates be liable for any kind of direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages (without limitations) whatsoever, even if Zwahrat
as been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available on this site. These limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.

9. USE SOCIAL MEDIA

When you use our services & grant us access to your account(s) with third-party social media and other services(Facebook, Instagram, Youtube, Twitter, any kind of SNS I.e. social networking sites, etc), you understand & agree that we will access, make available and store (if applicable) your SNS Content so that it is available on the site and apps. Responsibility for any SNS Content stored on any of SNS that you choose to make available on our sites and apps does not lie with us. You can make privacy settings on SNS if you like. Also, you have the ability to disable the connection between the site and apps and your SNS account(s), at any time, by accessing the “settings” section of the site and apps. Kindly note that policies and terms etc. related to your stored content is an agreement between you and SNS & Zwahrat does not have anything to do with that.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Zwahrat, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Provider”) or any kind of affiliates, third party users & such from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account & USMS (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

11. ARBITRATION

By using this Site, you agree that Zwahrat, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration as per the Arbitration & Conciliation Act and Rules made thereunder. The venue of Arbitration shall be in Delhi, India, and the courts in Delhi alone & they shall have the jurisdiction, the language of the arbitration shall be English though disputes or differences between the parties will have a round of negotiations first.

This Agreement and the rights and obligations of the Parties hereunder shall remain in full force and effect pending the award in such arbitration proceedings, which award shall determine whether and when termination of this Agreement shall become effective.

Any decision or award of an arbitral tribunal appointed pursuant to this shall be binding upon the Parties. The Parties agree that any arbitration award made may be enforced by the Parties against assets of the relevant Party, wherever those assets are located or may be found, and judgment upon any arbitration award (wherever necessary) may be entered by any court of competent jurisdiction thereof.

Each party shall bear their respective costs for arbitration proceedings including legal cost thereof.

12. DISCLAIMER

This site and the materials, information, services, and products in this site, including without limitation text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Zwahrat disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Zwahrat does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Zwahrat does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.