These policies are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.
Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms, then you should discontinue access or use of the Site.
Access to the site:
The “site” is owned, controlled & operated by ZAKSBERG, Licensee of ZAKSBERG, – a company with its registered office at No.149/77, First Floor, College road, Tirupur – 641602 , Tamil Nadu, India (hereinafter referred to as ” ZAKSBERG “).
Ability to use the site:
In order to accept the Terms and to use the Site, you must be at least 18 years of age (“Minimum Age”). The Site not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age of 18; (b) you have the consent of your parent(s) to use the Site if you are under 18 years of age; (c) you have all the applicable rights and authority to grant “ZAKSBERG” the rights granted in these Terms; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Site. If You are using the “Site” on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the “site”.
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Service Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
You shall not engage in advertising to, or solicitation of, other Users of the Site to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Site or related to us.
You may be required to register and set up an account (“Account”) for using the Site by entering an email address and password or by using any permitted social media account to sign in (“Account Information”). ZAKSBERG, its sole discretion may ask for the verification of Your Account Information provided by You and hence, it is advisable to provide a valid information e.g. like email address or mobile number etc. while creating an Account. The Site will set-up an account and email the details of the Account at the email address provided.
Membership on the Website is free for buyers. ZAKSBERG reserves the right to change its Fee Policy from time to time. In particular, ZAKSBERG may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event ZAKSBERG reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to ZAKSBERG.
You agree, undertake and confirm that Your use of the Site shall be strictly governed by the following binding principles:
You shall not 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 to
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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
- is misleading in any way
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Site or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Site or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- interferes with another USER’s use and enjoyment of the Site or any other individual’s User and enjoyment of similar services
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
- violates any law for the time being in force
- 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
- shall not be false, inaccurate or misleading
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
- Users doesn’t reply to the payment verification mail sent by ZAKSBERG
- Users fails to produce adequate documents during the payment details verification
- Misuse of another User’s phone/email
- Users uses invalid address, email and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used.
- Users returns the wrong product
- Users refuses to pay for an order
- Users involved in the snatch and run of any order
- Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to ZAKSBERG
- User with a very high return rate
- Repeated request for monetary compensation for fake/used order
ZAKSBERG may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by ZAKSBERG:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category.
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
- Any order paced using a technological glitch/loophole.
You shall not use the Site for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of ZAKSBERG.
You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads ZAKSBERG by sharing multiple address and phone numbers or transacting with mala-fide intentions.
We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Site, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the ZAKSBERG on the Site. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Site.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
The Content posted does not necessarily reflect ZAKSBERG views. In no event shall ZAKSBERG assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
ZAKSBERG hereby disclaim any guarantees of exactness as to the finish, appearance, size, colour etc., of the final Product as ordered by the User. ZAKSBERG Return & Exchange Policy offers you the option to return or exchange items purchased on ZAKSBERG within the return/exchange period (Please read the Product Detail Page to see the number of days up to which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the “Return Policy” on our ZAKSBERG.
ZAKSBERG has made all attempts to exhibit the colours of the Products that appear on the Site as accurately as possible. However, ZAKSBERG does not guarantee any change in colour as seen by you owing to the actual colours of your monitor/screen and further does not guarantee that your monitor’s display of any colour will be accurate.
Limitation Of Liability
ZAKSBERG will not be liable for short delivery or defective Products unless a claim is notified by you in writing within 48 Hours of delivery in accordance with Return and Exchange Terms. The notification must include the invoice number, delivery note number and details of the claim. ZAKSBERG will not be liable in any way for loss, damage, costs or expenses (including loss of profit, revenue, goodwill or data) arising directly or indirectly from any failure or delay in performing any obligation under this Agreement by reason of any event or circumstance outside the reasonable control of ZAKSBERG, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
The Site is provided devoid of any warranties or guarantees. The End User must bear the risks associated with the use of the Site.
The Site provides content which are sourced from other websites or resources and while ZAKSBERG tries to ensure that material included on the Site is correct, reputable and of high quality, ZAKSBERG does not acknowledge any responsibility if this is not the case. ZAKSBERG will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience as a result of the use of the Site.
ZAKSBERG, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, ZAKSBERG assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
You expressly understand and agree that ZAKSBERG and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ZAKSBERG has been advised of the possibility of such damages), resulting from use of the Site, sale and supply of Products content or any related goods and services.
Without prejudice to the generality of the section above, the total liability of ZAKSBERG to you for all liabilities arising out of this T&C under any applicable law is limited to the order value of the Product ordered by you.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
You agree to indemnify and hold ZAKSBERG(and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorney’s fees, or arising out of or related to your breach of this T&C, or your violation of the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this End User Agreement or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this T&C.
If any of the Terms shall be deemed void, invalid or unenforceable for any reason, that condition shall be deemed several and shall not affect the enforceability of any remaining provision.
ZAKSBERG will communicate with you about your order and the purchased product through any of the mode using email, SMS and telephone or all of them or any other mode. Account holders must provide a valid email address and contact telephone and/ or mobile number to ZAKSBERG for this purpose. When you use the Site or send emails to ZAKSBERG, you are communicating with ZAKSBERG electronically. You consent to receive communications from ZAKSBERG electronically. Please note that we may not be able to contact you on your mobile number in case your mobile number is part of DNC (Do Not Call) list as generated by TRAI (Telecom Regulatory Authority of India).
From time to time, ZAKSBERG will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ZAKSBERG Promotional alerts are SMS messages that are sent to opted in users that contain promotional content for ZAKSBERG customers. All ZAKSBERG Promotional Alerts are complimentary, Message & Data Rates May Apply. Depending on your plan, you may be charged by your network operator. To stop receiving all ZAKSBERG Promotional Alert messages, mail email@example.com . Once your mobile number is removed from our system, you will receive a final confirmation message and no further messages will be sent to your mobile number. Alternatively, you can enrol in the national Do Not Call (DNC) list by following the instructions here http://ndnc.in/
How are the messages sent?
We may use auto dialler or non-auto dialler technology to send the text messages described above to the mobile phone number you supply when you opt in.
Privacy Notice: You can review our privacy notice posted in this site.
Site-Provided Email And Postings
The Site may provide End Users with the ability to send email messages to other End Users and non-End Users and to post messages on the Site. ZAKSBERG is under no obligation to review any messages; information or content (“Postings”) posted on the Site by End Users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, ZAKSBERG may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of ZAKSBERG purporting to speak on behalf of ZAKSBERG or containing confidential information or expressing opinions concerning ZAKSBERG. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same End User restating the same point. (viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using ZAKSBERG invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using ZAKSBERG to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because ZAKSBERG has no control over such sites and resources, you acknowledge and agree that ZAKSBERG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ZAKSBERG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized End Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
All material and content on the Site, including but not limited to the images, illustrations, audio clips, video clips, logos, trademarks and/or service marks are protected by copyrights, trademarks, and other intellectual property rights (“Content”) that are owned and controlled by us or by other parties that have licensed their material to us. End Users are prohibited from using any Content for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of ZAKSBERG or such third party which may own the Marks. End Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site in any way for commercial or public purposes.
The price of our merchandise is inclusive of all taxes. ZAKSBERG reserves’ the right to collect the taxes for shipping charges wherever applicable.
Survival Of Terms After Agreement Ends
Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
The Products, Services and the Site being offered by ZAKSBERG hereto are subject to laws of the Republic of India. Use of the Products, Services and/or the Site for any other country or jurisdiction is at your sole risk. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time-to-time ZAKSBERG may offer special promotional offers which may or may not apply to your ZAKSBERG account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by ZAKSBERG. This T&C and the relationship between you and ZAKSBERG will be governed by the laws as applicable in India. Any dispute(s) arising out of this T&C will be handled in the competent courts of Tirupur, India. The failure of ZAKSBERG to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. ZAKSBERG do not guarantee it will act against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and ZAKSBERG and governs your use of the Site, superseding any prior agreements between you and ZAKSBERG with respect to the Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR ACCESS TO AND USE OF THE SITE THAT IT IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICEING OR REPAIRS OF ANY EQUIPMENT OR ANY COMMUNICATION NETWORK OR LINES YOU USE IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE, AND THAT PAGE INDUSTRIES LTD. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS TO AND USE OF THE SITE. ZAKSBERG. FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF COMPLETENESS OF THE USER SUBMISSIONS ON THE SITE, THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THIS SITE. ZAKSBERG. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR AN Y (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR THIRD PARTY SECURE SERVERS HOSTING AND/OR ADMINISTERING THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.