- These terms and conditions (“Terms”) of the website www.ziendo.com and instances thereof (“Website”) between Ziendo Online Furniture, a company incorporated under the Companies Act, 2013, (“Company” or “Ziendo” and its successors and assigns) and the users of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on which the Company offers You access to the Website. The term and expression “You” or “Your” or “Yourself” or “User” shall, unless the context otherwise requires, shall include your legal heir, receivers, successors, liquidators and permitted assigns.
- Please read the Terms carefully before using or accessing any material, information or services through the Website. Your use of the Website or the services provided by the Website shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
- Ziendo reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Website. The Company shall not be required to notify You of any changes made to the Terms. Your use of the Website is subject to the most current version of the Terms made available on the Website at the time of such use or at the time You order products from us, unless any change to these Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by you). Each time You use the Website, You should review the current Terms. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued use of the Website will indicate Your acceptance of the current Terms. If You do not agree to any of these Terms and/or any change in the Terms then You must immediately stop using the Website.
- These Terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- If You are a minor i.e. under the age of 18 years, You shall not register as a member of the Website and shall not purchase any items on the Website. As a minor, if You wish to purchase an item on the Website, such purchase may be made by Your legal guardian or parents who have registered as users of the Website.
- The Company reserves the right to terminate Your membership and refuse to provide You with access to the Website if it is brought to the Company’s notice or if it is discovered that You are under the age of 18 years or are otherwise “incompetent to contract”.
- If You are registering as or on behalf of a business entity, You represent that You are duly authorized by the business entity to accept these Terms and You have the authority to bind that business entity to these Terms.
User Account Information
- You may be required to register with Ziendo in order to access certain services or areas of the Website by creating an account (“Account”) with a login ID and password (collectively, the “Account Information”).
- Your Account is for Your personal use only. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account.
- You agree to immediately notify Ziendo of any unauthorized use of Your Account Information or any other breach of security, and ensure that You exit from Your Account at the end of each session.
- Ziendo cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by Ziendo or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
- You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the services is expressly prohibited.
- Ziendo reserves the right to refuse service, terminate Accounts, remove or edit content, or cancel orders at its sole discretion.
Use of the Website
- Subject to compliance with the Terms, Ziendo grants You a non-exclusive, limited privilege to access and use this Website.
- The Website may be used as per the Terms and for lawful purposes for Your personal, noncommercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website, and downloading product information for Your personal review.
- You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) and that You will access the Website in accordance with the Terms.
- You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Ziendo. You shall not use any deep-link, 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 Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- ublish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Ziendo server, or to any of the services offered on or through the Website, by any illegitimate means (including hacking and password mining);
- Neither probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to, the Website, or any other customer of Ziendo, including any Ziendo Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Conduct forward surveys, contests, pyramid schemes or chain letters;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ziendo or other third parties;
- Download any file posted by another user of a service that You know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guide, which may be applicable to the service;
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
- While accessing or using the Website or services You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Ziendo disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to us.
- The Company will do its utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
- You agree that You are solely responsible to Ziendo and to any third party for any breach of your obligations under the Terms and for the consequences (including any loss or damage which Ziendo or its affiliates/subsidiaries or its vendors may suffer) for any such breach.
Product specifications, pricing, use and availability
- All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice.
- Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any given time.
- It is Your responsibility to ascertain and obey all applicable local, state, national and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, You represent that the products ordered will be used only in a lawful manner.
- Ziendo reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service.
- You agree to pay all charges that may be incurred by You or on Your behalf through the Website, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, You remain responsible for any and all applicable taxes, cesses etc. that may be applicable to Your transactions. The prices displayed on the Website are quoted in INR and must be paid in INR.
- Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in Your area. Ziendo reserves the right at any time after receipt of Your order to accept or decline your order, or any portion thereof, at Ziendo’s sole discretion, even after Ziendo’s receipt of an order confirmation or after Your credit card/ debit card/ bank account has been charged. If You have already been charged for the purchase and Ziendo cancels Your order You will be issued a refund.
- Every effort is taken to ensure that the products supplied correspond as closely as possible to the samples in our stores, Website and catalogue, but as they are handcrafted and use natural materials they may vary.
- When an item featured on the Website is no longer in stock, we make reasonable attempts to remove that item from the Website in a timely manner. Despite all efforts we may experience lags in uploading updates throughout the Website and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information about availability of products.
Conditions of Sale
- Your order is an offer to us to buy the product(s) in your order. When You place an order to purchase a product from us, You will receive an e-mail confirming receipt of Your order and containing the details of Your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received Your order, and does not confirm acceptance of Your offer to buy the product(s) ordered. We only accept Your offer, and conclude the contract of sale for a product ordered by You, when the product is dispatched to You and an e-mail confirmation is sent to You that the product has been dispatched to you (the “dispatch confirmation e-mail”). If Your order is dispatched in more than one package, You may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between You and us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with us and You confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
- Ziendo endeavors to produce high quality, durable furniture. We therefore like to believe that a warranty is not required. However, in the event that Your furniture may require some attention, please do call us on +91 97690 10218 or write to us at [email protected] to inquire about repairs or refurbishment. Such repairs or refurbishment may be chargeable based on the nature and cause of the damage.
- You undertake to provide correct and accurate credit / debit card /net banking details to the approved payment gateway for availing services. You shall not use a credit / debit card which is not lawfully owned by You.
- The information provided by You will not be utilized or shared with any third party except unless
- Required in relation to fraud verifications or by law, regulation or court order
- For purposes of facilitating the completion of transactions initiated by You or on your behalf through our third party suppliers and service providers
- You will be solely responsible for the security and confidentiality of Your credit / debit card details. Ziendo expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card.
- Ziendo shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of any unauthorized transaction, for any reason whatsoever.
Intellectual Property Rights
- All content included on the Website, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively “Content”), is owned or licensed property of Ziendo or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. You may not use any Ziendo logo or other proprietary graphic or trademark as part of the link without express written consent of the Company.
- The collection, arrangement, and assembly of all Content on the Website are the exclusive property of Ziendo and protected by Nigeria and international copyright and database right laws. The Content of the Website, and the Website as a whole, are intended solely for personal, noncommercial use by the Users of our Website.
- Except as expressly provided herein, You acknowledge and agree that You shall not copy, duplicate, republish, post, display, translate, transmit, reproduce, distribute or otherwise exploit any Content on this Website, through any medium, for any purpose, without obtaining the necessary authorization from Ziendo.
- Ziendo and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of Ziendo’s or any third party’s intellectual property rights.
- The Website makes available general third party information such as, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Ziendo does not provide any guarantee with respect to any the Third Party Content and Ziendo shall not be held liable for any loss suffered by You due to Your reliance on or use of such data. Your use of Third Party Content and resources is at your own risk.
- Any software that is available on the Website is the property of Ziendo or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by Ziendo.
- Ziendo respects the intellectual property rights of others and requires that our Users do the same. If You believe Your work has been copied in a manner that constitutes copyright infringement, or You believe Your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to [email protected].
Disclaimer of warranties and liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- You agree to indemnify, defend and hold harmless Ziendo from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Ziendo that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms.
- In no event shall Ziendo, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Ziendo has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein and/or use of or access to the Website.
- Notwithstanding anything to contrary, Ziendo’s entire liability to You under these Terms or otherwise shall be the refund of the money charged from You, under which the unlikely liability arises.
- Ziendo will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information or any services or materials, either with or without your knowledge. Ziendo endeavors to ensure that all the information on the website is correct, but Ziendo does not provide any warranties relating to the quality, accuracy or completeness of any data, information, product or service.
- Ziendo shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Ziendo shall not be responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason. You understand and agree that any material or data downloaded or otherwise obtained through the Website is done entirely at Your own discretion and risk and You will be solely responsible for any damage to Your computer systems or loss of data that may result from the download of such material or data. Ziendo is not responsible for any typographical error leading to any invalidity of any kind. Ziendo accepts no liability for any errors or omissions, with respect to any information provided to you by itself or on behalf of third parties.
- Ziendo shall not be liable for any third party product or services. The advertisements available on e-mail or Website with respect to any third party website or the products and services are for information purpose only.
- Further, You agree to hold Ziendo harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of the rights of any another person. Ziendo will also be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Ziendo.
- The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
Newsletters and communication
- You hereby expressly agree to receive communications and newsletters from Ziendo by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Ziendo at anytime by following the procedure set forth in the Website.
- The Terms and all transactions entered and the relationship between You and Ziendo and any mutual claims shall be governed in accordance with the laws of Nigeria without reference to any conflict of laws principles.
Violation of Terms and Termination
- Ziendo reserves the right, without notice and at its sole discretion, to terminate your account or Your use of the Website, and to block or prevent future access to and use of the Website if You violate any of these Terms or any other duty owed to Ziendo. Upon any such termination, your right to use the Website will immediately cease.
- You agree that any termination of Your access to or use of the Website may be effected without prior notice, and that we may immediately deactivate or delete Your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.
- You agree that we shall not be liable to You or any third party for any termination of Your access to the Website or to any such information or files, and we shall not be required to make such information or files available to You after any such termination. Upon termination, all provisions of these Terms, which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
- Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ziendo, for which monetary damages is likely to be inadequate, and You consent to Ziendo obtaining any injunctive or equitable relief that Ziendo deems necessary or appropriate. These remedies are in addition to any other remedies Ziendo may have at law or in equity.
- The Terms will continue to apply until terminated by either You or Ziendo as set forth below. If You want to terminate Your agreement with Ziendo, You may do so by (i) not accessing the Website; or (ii) closing Your Accounts (if any).
- Ziendo may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
- Ziendo is required to do so by law (for example, where the provision of the services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);
- The provision of the services to You by Ziendo is, in Ziendo’s opinion, no longer commercially viable;
- Ziendo has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof) either in general or specifically to You;
- For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or services. Ziendo may also delete any content or other materials relating to Your use of the Website.
- Ziendo shall not be liable to You or any third party for any such termination.
- 13.8.Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.
- Notice: All notices from Ziendo will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to Ziendo pursuant to the Terms should be sent to [email protected].
- Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be invalid, void or for any reason unenforceable, the same shall not affect the validity and enforceability of any other remaining Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
- Waiver: Any failure by Ziendo to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
- Feedback and Information: Any feedback You provide to this Website shall be deemed to be non-confidential. Ziendo shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Ziendo is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from Ziendo for the feedback under any circumstances.
- Exactness Not Guaranteed: Ziendo tries its best to deliver products exactly the way they appear on the Website. However, the nature and tendency of natural wood based products and leather upholstery is that each piece of furniture is unique in its own way. Ziendo hereby disclaims any guarantees of exactness of the finish or appearance of the final product ordered by the User over and above generally acceptable standards on the same. The quality of any products, services, information, or other material purchased or obtained by You through the Website may not meet Your expectations. The customer must inspect the product at the time of delivery. In case of any physical damage to the product or delivery of an incorrect product the customer must immediately contact Ziendo on +91 97690 10218. In case of any significant manufacturing defect to the product, the customer must send photographic evidence of the damaged product via email to [email protected] within 7 days of receiving the product. The time frame starts from the date the product was delivered as per the confirmation received from our dispatch team/delivery personnel. A representative from Ziendo will review the evidence, and if it is found valid, Ziendo will either replace the product or will provide You a full refund via Your initial method of payment. This condition is only applicable in case of damage to the product, a manufacturing defect in the product or the delivery of an incorrect product. You agree in this instance, that Ziendo will make the final judgment on whether a product has been significantly damaged and whether to provide a refund or a replacement.
- Events beyond our reasonable control: We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.
- These Terms, including policies incorporated herein, constitute the entire contract between You and Ziendo with respect to the Website. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Nothing in these Terms creates a relationship of agent and principal, partners, joint venture or employer–employee between the parties, and no act or obligation of either party will in any way bind the other.
- In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable content on the Website, please report it to [email protected].