Terms and Conditions

Terms & Conditions

Thank you for visiting our website www.zilomart.com

Use and access of this Website is governed by and subject to the Terms & Conditions provided herein. If you do not agree to these terms, or if you do not agree with our privacy policy, which is available by clicking here, please do not use the Website or any services offered by the Website. You’re visiting, dealing, transacting and/or otherwise using this Website shall be treated as you run conditional acceptance of these Terms & Conditions in entirety. Terms & Conditions shall be treated as legally binding and enforceable agreement between the Company and you. If you do not agree with any of these Terms & Conditions or all of these Terms & Conditions, then you should stop dealing with and/or initiate and do any transaction on this Website.

The information, products and services including but not limited to shopping services, search services and any and/or all other services of whatsoever nature, offered on this Website, whether now known or hereafter developed, is solely for the User’s information and subject to the User’s acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User’s use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear on the Website. The Company, its affiliate companies, associate companies, subsidiaries assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, and associate companies cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.

The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict User’s access to parts and/or all of the services without notice and/or liability to the Users.

In this Agreement (as defined hereinafter), ‘Company’ and ‘User’ have been collectively referred to as “Parties” and individually as “Party”.

Definitions

The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:

• “Agreement” shall mean agreement between the Company and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Company from time to time.
• “Product (s)” shall mean any item for sale on the Website for consideration.
• “User” / “Users” shall mean any person/persons and/or legal entity (-ies) who visits, uses, deals with and/or transact at www.Zilomart.com in any way.
• Website shall mean www. Zilomart.com, a website owned and operated by the Company for facilitating online transactions.

Eligibility

• Any person who is above eighteen (18) years of age, transacting in Indian Rupees and competent to enter into valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Website. If User is not competent to enter into valid contract then User is prohibited to visit, use, deal and/or transact at the Website. User’s visit, dealing and/or transaction at the Website shall be treated as User’s representation that User is competent to enter into valid legal contracts under the Indian Contract Act, 1872.

Amendment of Terms

• The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the services by User following such notification constitutes User’s acceptance of the Terms and conditions of the Agreement as modified.

Contents of Website

• The Website and its contents shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or performed on the Website are protected by copyright, trademark, trade secrets and other intellectual property rights owned by the Company (as applicable), its subsidiaries, or associate companies or its licensors, as the case may be.
• The Website is protected by copyright pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws.
• The Company’s logos, Product and service marks and/ or names are trademarks are owned by the Company (the “Marks”). Without the prior written permission of the Company, or its affiliates or associated companies, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks.
• User’s misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User’s risk as to costs and consequences.
• The content of the Website might vary depending on the area User wants to be serviced at.
• Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of Company’s or any third party’s intellectual property rights. No trademark or service mark license is granted in connection with the materials contained on this Website.
• References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to User and do not in any way constitute or imply Company endorsement, sponsorship or recommendation of the third party, information, product or service.
• User may download or copy the Contents and other downloadable materials displayed on the Website for personal and non – commercial use only. No right, title or interest in any downloaded materials or software is transferred to User as a result of any such downloading or copying. The Contents and software on this Website may be used only as a shopping resource.

Registration Data

• User shall be entitled to use the Website for any online shopping transaction with or without getting him / her registered on the Website after furnishing all relevant information relating to User as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password.
• User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration or shopping transaction. The Company shall be entitled to cross verify those details, if it deems fit. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration or shopping transaction of User permanently or for such period as the Company deems fit.
• User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person; or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration or shopping order of, or cancel User id in its discretion.
• User agrees and understands that the Company shall not be responsible in any manner whatsoever for:

➢ Delivery of Product at wrong address furnished by User

➢ Any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or

➢ Any deficiency in payment of consideration payable towards the Products purchased on the Website.

• User shall further be liable to be prosecuted under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.

Limited User

• The User agrees and undertakes not to reverse engineer, modify or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Website.
• User shall not disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material using the Website.
• User shall not use Website to transmit material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• User shall not use this Website to gain unauthorized access to other computer systems.
• User shall not use this Website to interfere with any other person’s use or enjoyment of the Website.
• User shall not use this Website to breach any applicable laws;
• User shall not use this Website to interfere or disrupt networks or web sites connected to the Website.

Payment Policy

• Users may choose Cash on Delivery option of payment where a User is liable to pay the amount against the Order. The payment through Cash on Delivery is managed by company representatives.
• User accepts that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time.
• User shall be entitled to use his/her valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment.
• In such event, it is Company’s policy to redirect User to a payment processing portal hosted by a third party payment processor. COMPANY DO NOT COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT CARD, DEBIT CARD, NET BANKING OR ANY OTHER FINANCIAL INFORMATION. PLEASE READ THE PRIVACY POLICY ON COMPANY’S PAYMENT PROCESSOR’S WEBSITE REGARDING THE USE, STORAGE AND PROTECTION OF USER’S CREDIT/DEBIT CARD OR NET BANKING INFORMATION BEFORE SUBMITTING ANY CREDIT CARD, DEBIT CARD OR NET BANKING OR ANY OTHER FINANCIAL INFORMATION.

Force Majeure

• The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
• Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfillment of obligation of the Company hereunder.

Product Disclaimer

• The color on the actual Product may vary from the color on the webpage. Therefore, a variation in the Color of Product shall not be treated as any damage or defect in the Product.
• All the Products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the Products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the Product.
• The information printed on the product packaging as shown on the product photos on the website, which may include but not limited to Batch Number, Manufacturing Date, Expiry Date and Price, might differ for the product being delivered to you.

Warranty Disclaimer

• User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services; what Products, content User accesses and/ or uploads, posts, transmits and/ or otherwise contribute via the Website and/ or services; what effects the Products, content may have on User and/ or any third party; how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Website and/ or services. The services, Products, materials, information, content, Website are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the Warranty Terms of the said Products given by their manufacturer.

➢ Although the Company has taken adequate safeguard, the Company makes no guaranty of confidentiality and/or privacy of any communication or information transmitted on the Website. User’s uses this Website and/ or services at his/ her own risk in accordance with Company’s privacy policy.

➢ Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, and associate companies may make improvements and/or changes to this Website at any time.

Governing Law and Jurisdiction

• This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Gurgaon shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Gurgaon. The High Court of judicature at Gurgaon alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions

• All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with User’s use of this Website (collectively, the “Comments”) shall be and remain the property of Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments User submit for any purpose whatsoever, without restriction and without compensating User in any way. User agree that any Comments submitted by them to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. User further agrees that no Comments submitted to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. Company does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. User agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments they submit. User is and shall remain solely responsible for the content of any Comments they make and User agree to indemnify Company and its affiliates for all claims resulting from any Comments they submit.
• User agrees to be contacted from time to time via email, SMS and phone call about offers, deals and feedback running at Zilomart.

Objectionable Material

• By using this Website or any services provided on the Website, User may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which may or may not be identified as such. User agree to use the Website and any service at their sole risk.

Indemnity

• User agrees to defend, indemnify and hold harmless Company, its employees, and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon User’s actions or inactions, which may result in any loss or liability to Company or any third party. This clause shall survive the expiry or termination of this User Agreement.

Termination

• This User Agreement is effective unless and until terminated by either User or Company. User may terminate this User Agreement at any time, provided that User discontinue any further use of this Website. Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny User’s access to the Website. Such termination will be without any liability to Company. Upon termination of the User Agreement by either party, User must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise.