These Terms and Conditions constitute a legally binding contract between the customer ("you") and Shradha Enterprises ("Zebba") and apply to the ordering, purchasing, fulfillment and delivery of goods from the top-level domain name www.zebba.co.in ("Website")
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfillment and delivery of goods.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms and Conditions you must leave this Website immediately.
Zebba may update these Terms and Conditions periodically.
Revisions will be posted to this page. You agree to be bound by any revisions.
"Goods" means those goods available from Zebba via the Website.
"Order" means an Order for Goods placed via the Website.
"Taxes" means any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with an related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.
COMMUNICATION BY US
As a condition of creating an account with Zebba, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
a) "Administrative Emails" involve details of account activity and purchases you have made.
b) "Promotional Emails" consist of product information, new offers and information about Zebba. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
PLACING YOUR ORDER
You may place an order with Zebba by completing the order form on the Website and clicking the "Submit My Order" button.
When you place your order, we will issue you with an order number by email. Please note that this is not a confirmation that your Order has been accepted.
By placing an order, you make an offer to us to purchase the shoes you have designed, or other product you have selected, based on these Terms and Conditions.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any shoes or other products, however Zebba will make every effort to supply the shoes you have designed to you, or other products you have selected for purchase.
We will notify you that your order is being processed by sending an order confirmation email. We do not formally accept your offer until your order has passed our internal validation procedures for:
1) Verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and
2) Confirming with our suppliers that they are able to supply the shoes you have designed.
Formal acceptance of your offer will occur when we email you confirming your order and, where you have ordered a pair of bespoke shoes, where we provide you with the first update on the making of your shoes.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
You warrant to Zebba that all goods that you order are intended for personal, domestic, non-commercial use only.
You agree that, if your offer is accepted by Zebba in accordance with these Terms & Conditions, in addition to contracting with Zebba in relation to the purchase of certain products, you are also separately contracting with Zebba to arrange for the delivery of those products to your nominated address.
You agree and acknowledge that, if your offer is accepted by Zebba in accordance with these Terms & Conditions that Zebba is contracting to arrange for the delivery of the relevant products to your nominated address. You are considered the importer of record in respect of those products and you must comply with all laws and regulations of the country in which you are receiving the products.
Zebba and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree not to post or transmit to the Website any material which:
1) Is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary; • Is not properly licensed for use on this Website; • Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; • Constitutes or encourages an illegal act -- including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world; • Infringes on the rights of a third party in any country in the world; or • Has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, Trojans, worms, corrupted data or other malicious data or code).
2) You agree to not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to. You may not reverse engineer, decompile, or disassemble the Zebba shoe designer, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3) You agree that Zebba owes no royalty or license fee to you or any third party for use of material that is posted or transmitted to the Website. This includes but is not limited to images of shoes designed by you using our shoe designer, and photographs of shoes custom made for and sold to you. Zebba is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
ACCESS TO ZEBBA
Zebba may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to authorize to access and use the Website in a manner consistent with these Terms and Conditions. Zebba has no obligation to investigate the authorization or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorized by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Zebba of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.
REVIEWS, COMMENTS AND SHOE DESIGNS
Except as otherwise provided elsewhere in these Terms and Conditions or on the Website, anything that you submit or post to the Website and/or provide Zebba, including without limitation, shoe designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and Zebba shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Zebba. You also grant Zebba the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Zebba will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Zebba or third parties as to the origin of any Submissions or Content. Zebba may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Outbound links from this Website are provided for your convenience.
Zebba has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Zebba. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
Our goods come with guarantees that cannot be excluded under the Indian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms.
Zebba reserves the right to change the Terms and Conditions at any time.
No Zebba employee or agent has the authority to vary any of the Terms and Conditions.
Zebba shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Zebba, and Zebba will be entitled to a reasonable extension of time for the performance of such obligations.
DISCLAIMER AND LIABLITIY
Whilst every effort has been made to ensure the information contained within this Website is correct, Zebba makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an "as is" basis.
Zebba, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
GOVERNERING LAW AND SEVERABILITY
This contract will be governed by the laws of Uttar Pradesh, India. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.
THIRD PARTY ADVERTISEMENT
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