THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF
INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS
APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS
STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE
PROVISIONS OF APPLICABLE LAWS, INCLUDING THE CONSUMER PROTECTION (E-COMMERCE)
RULES 2020, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY
AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF THE WEBISTE. THIS ELECTRONIC RECORD
IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL
SIGNATURES.
PLEASE READ THESE TERMS AND CONDITIONS
(“T&C”) CAREFULLY. BY ACCESSING,
BROWSING, USING WWW.ZEESHANSTORE.COM OR ANY OTHER WEBSITE,
MOBILE VERSION OF THE WEBSITE OR MOBILE APPLICATION (THE TOGETHER “WEBSITE”) OR
AVAILING ANY OF THE PRODUCTS OF ZEESHAN STORE ( HEREINAFTER REFERRED
TO AS “COMPANY” OR “US” OR “WE”) YOU INCLUDING THE PERSONS WHO
BROWSES OR THE PERSONS WHO ORDERS THE PRODUCT AGREE TO BE BOUND BY ALL OF THE T&C
MENTIONED HEREUNDER.
Only persons who can enter into legally binding contract
under the Indian Contract Act, 1872 can use the Website and/or transact on the
Website. Any minor who wishes to use or access the Website is required to
conduct such transaction through their legal guardian or parents. If you
represent a company, partnership firm or sole proprietorship, you shall be
eligible to access and use the Website to conduct the transactions on its
behalf only if you have been duly authorized by way of necessary corporate
action, as may be prescribed statutorily and/or under the charter documents of
such entity.
The Company reserves the right to amend or revise the
T&C at any time by uploading a revised or amended T&C on the Website
with or without prior notice. The amended T&C will be effective immediately
after it is uploaded on this Website. Your access or use of the Website
following any such changes constitutes your acceptance to follow and You shall
be bound by these T&C, as amended. The version of the T&C that will
apply to your order will be those uploaded on the Website at the time you use
or access or place your order. For this reason, we encourage you to review
these T&C each time you access and place your order. This T&C does not
alter in any way the terms or conditions of any other written agreement you may
have with the Company for other products or services. If you do not agree to
this T&C (including any referenced policies or guidelines), please
immediately terminate your use of the Website. If you would like to print this
T&C, please press CTRL + P.
You may only access the Website for lawful purposes. You
are solely responsible for the knowledge of and adherence to any and all laws,
rules, and regulations pertaining to your use of the Website.
We reserve the right to block any user and permanently
disable user account if we believe in our sole discretion that action of such
user has resulted in breach of fair usage policy or T&C.
I. PRODUCTS
Terms of Offer: The Website offers for sale certain products (“Products”).
The Products shall include trial products,physical products,digital products
and the products offered free of cost. By placing an order for the Products
through the Website, you agree to the terms and conditions set forth in this
T&C. The Products described on the Website, and any samples thereof we may
provide to you, are for personal use only. You may not sell or resell any of
the Products, or samples thereof, you receive from us unless agreed otherwise.
We reserve the right, with or without notice, to cancel or reduce the quantity
of any Products to be provided to you that we believe, in our sole discretion,
may result in the violation of our T&C.
The Company may change, suspend, or discontinue the
availability of any of the Products at any time, without any notice or
liability. You acknowledge that the price payable in connection with the
Product or any service, may be subject to change, without notice or liability.
While describing our Products on our Website, we
endeavour to be as accurate as possible. To the extent implied by applicable
law, we do not warrant that the Product descriptions, colours, information or
other content available on the Website are accurate, complete, reliable,
current, or error-free. The Website may contain typographical errors or
inaccuracies and may not be complete or updated. Such errors, inaccuracies or
omissions may also relate to pricing and availability of the Product or
services. Please note that the Product pictures are indicative and may not
match the actual Product.
Customer Solicitation: By accessing the Website or placing an order or
sending any information, you are communicating with the Company electronically
and you agree to receive communications (including transactional, promotional
and/or commercial messages) from the Company periodically and as and when
required. We may communicate with you by e-mail, SMS, phone call or by posting
notices on the Website or by any other mode of communication.
At any point of time, you have the right to withdraw your
consent by following the below stated opt-out procedure.
Opt Out Procedure: We provide 3 easy ways to opt out of from future
Customer Solicitations.
a. You may use the opt out link found
in any email solicitation that you may receive.
b. You may also choose to opt out,
via sending your email by addressing to: info@zeeshanstore.com.
c. You may send a written
removal request to Khairbari,Sulkapara,Nagrakata,Jalpaiguri,West
Bengal,India,Pin-735225(Company Corporate Office Address).
Proprietary Rights: All the brand names owned and licensed to the Company
are exclusive property of the Company, its affiliates, partners or licensors,
and is protected by laws of India, including laws governing all applicable
forms of intellectual property. The Company has the proprietary rights and
trade secrets in the Products. You shall not copy, reproduce, modify,
duplicate, re-publish, re-sell or re-distribute any Product manufactured and/or
distributed by the Company in whole or in part or in any other form whatsoever.
The Company also has rights to all trademarks and trade dress and specific
layouts of this webpage, including without limitation calls to action, text
placement, images, technology, content, software and other materials, which
appear on the Website, including its looks and feel. No trademark is granted in
connection with the Products or the materials contained on the Website. The
access to the Website does not authorize anyone to use any trademarks in any
manner. The trademarks displayed on the Website whether registered or
unregistered, are the intellectual property of the Company.
Tax: If you purchase any Products, you will be responsible for paying any
applicable taxes in relation to such purchase.
II. WEBSITE
Your Account: You may create and hold one user account (“Account”)
only. You will be responsible for maintaining confidentiality of your account,
password, and restricting access to your computer, and you hereby accept
responsibility for all activities that occur under your Account. You
acknowledge that the information you provide, in any manner whatsoever, are not
confidential or proprietary and does not infringe any rights of a third party
in whatsoever nature. Each Account is non-transferrable and may not be sold,
traded, combined, or otherwise shared with any other person.
If you are accessing, browsing and using the Website on
someone else’s behalf; you represent that you have the authority to bind that
person to all the T&C herein. In the event that the person refuses to be
bound as the principal to the T&C, you agree to accept liability for any
harm caused by any wrongful use of the Website resulting from such access or
use of the Website in whatsoever nature.
If you know or have reasons to believe that the security
of your Account has been breached, you should contact us immediately at the
‘Contact Information’ provided below. If we have found a breach or suspected
breach of the security of your Account, we may require you to change your
password, temporarily or permanently block or suspend your account without any
liability to the Company.
We reserve the right to refuse service and/or terminate
accounts without prior notice if the T&C are violated or if we decide, in
our sole discretion, that it would be in the Company’s best interests to do so.
You are solely responsible for all contents that you upload, post, email or
otherwise transmit via the Website. The information provided to us shall be maintained
by us in accordance with our Privacy Policy.
Content; Intellectual Property; Third Party Links: In addition to making the Products
available, the Website also offers information and marketing materials. The
Website also offers information, both directly and through indirect links to
third-party websites about nutritional and dietary supplements. The Company
does not always create such information and the content published on the
Website; instead, the information and content are often gathered from other
sources. The Company does not endorse any such information or content and the
Company expressly disclaims any and all liability in connection with the same.
The Company is not responsible or liable for the information or the
content or any damage or loss that may result from your access to or reliance
on such information or content. To the extent that the Company does create the
content on this Website, such content is protected by intellectual property
laws of India. Any unauthorized use of the material may violate copyright,
trademark, and/or other laws. You acknowledge that your use of the content on
this Website is for personal and non-commercial use.
We respect the intellectual property of others. In case
you feel that your work has been copied in a way that constitutes copyright
infringement, you can write to us at << info@zeeshanstore.com>>.
Any links to third-party websites are provided solely as
a convenience to you. The Company does not endorse, affiliate, sponsor or
recommend any such third-party websites. The Company is not responsible or
liable for the content of or any damage or loss that may result from your
access to or reliance on these third-party websites. You should always
read the terms and conditions and privacy policy of a third-party website
before using it. If you access or use such third-party websites, you do so at
your own risk.
Use of Website: The Company is not responsible for any damages
resulting from use of the Website by anyone. You will not use the Website for
any illegal purposes. You will (a) abide by all applicable local, state,
national, and international laws and regulations in your use of the Website
(including laws regarding intellectual property), (b) not interfere with or
disrupt the use and enjoyment of the Website by other users, (c) not resell
material on the Website, (d) not engage, directly or indirectly, in
transmission of “spam”, chain letters, junk mail or any other type of
unsolicited communication, and (e) not defame, harass, abuse, or disrupt other
users of the Website, (f) not to do or attempt to do any action which 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, trolling, propaganda or otherwise unlawful in any manner whatever.
License: By using this Website, you are granted a limited, non-exclusive,
non-transferable right to use the content and materials on the Website in
connection with your personal, non-commercial use of the Website. You may not
copy, reproduce, transmit, distribute, or create derivative works of such
content or information without express written authorization from the Company
or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you
hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free,
assignable, right and license to use, copy, display, perform, create derivative
works from, distribute, have distributed, transmit and assign such content in
any form, in all media now known or hereinafter created, anywhere in the world,
subject to the Company’s privacy policy. The Company does not have the ability
to control the nature of the user-generated content offered through the
Website. You are solely responsible for your interactions with other users of
the Website and any content you post. The Company is not liable for any damage
or harm resulting from any posts by or interactions between the users. The
Company reserves the right, but has no obligation, to monitor interactions
between and among users of the Website and to remove any content the Company
deems objectionable. Under no circumstances will the Company be liable in any
way for any user generated content, including without limitation, for any
errors or omissions in such content or for any loss or damage of any kind
incurred by you as a result of the use of any such user generated content
transmitted, uploaded, posted, e-mailed or otherwise made available via the
Website. You hereby waive all rights to any claims against the Company for any
alleged or actual infringements of any proprietary rights, rights of privacy
and publicity, moral rights, and rights of attribution in connection with such
user generated content.
Site Security: You are prohibited from violating or attempting to
violate the security of the Website, including, without limitation,
a. accessing data not intended for
you or logging onto a server or an account which you are not authorized to
access;
b. attempting to probe, scan or test
the vulnerability of a system or network or to breach security or
authentication measures without proper authorization;
c. attempting to interfere with
service to any other user, host or network, including, without limitation, via
means of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mail bombing" or "crashing";
d. sending unsolicited email, including
promotions and/or advertising of products or services; or
e. forging any header or any part of
the header information in any email or newsgroup posting. Violations of system
or network security may result in civil or criminal liability
f. threatens the unity,
integrity, defence, security or sovereignty of India, public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence.
Payment Method: The Payments for the Products available on the Website
may be made in the following ways:
a. Payments can be made by Credit
Cards, Debit Cards, Net Banking, Wallets, UPI, QR, PayPal and reward points.
b. Cash on Delivery.
Chat Facility: The chat facility has been provided to help you with
any and all Website related queries. Any use of this service shall be subject
to the following conditions:
a. The Company may suspend the chat
service at any time without notice.
b. The Company or its executives are
not responsible for any delay caused in attending to or replying to the queries
via chat.
c. Communication through chat
may be stored by the Company for future reference, and the user of such service
will not have the right to access such information at any future date.
d. While 'chatting', you may not
communicate any objectionable information i.e. unlawful, threatening, abusive,
defamatory, obscene information.
e. The chat room shall not be used to
sell any products, to give suggestion on business opportunity or any other form
of solicitation.
You may proceed further and chat with our online customer
care executive only if you agree to the above terms and conditions.
Pricing and Availability: The Prices and availability of the
Products, offers and services provided or offered on the Website are subject to
change without prior notice and at the sole discretion of the Company. The
prices displayed at the Website are inclusive of goods and sales tax (“GST”),
but do not include a delivery charge. For all orders under INR 599 (Indian
Rupees Three Hundred and Ninety-Nine only), delivery charge of INR 40 (Indian
Rupees Forty only) shall be levied. All orders above INR 599 (Indian Rupees
Three Hundred and Ninety-Nine only) shall be delivered without any delivery
charges. The Prices and offers in offline store and online on websites and
portals other than the Website may vary from the prices displayed on the
Website.
Delivery: For order containing multiple Products, delivery may be made in
multiple shipments. Delivery usually takes 5-7 business days from the date of
order placement. Upon placement of the order, the estimated shipping and
delivery timelines shall be available on order details page. The estimated
delivery times are indicative, hence there may be some unforeseeable delays,
which are beyond our control. In the event, the Company is unable to deliver
the Product within the estimated delivery date due to any reason, you will be
notified by an e-mail the reason for such delay. You will have the right either
to cancel the ordered Product or wait for the Product to be delivered. Please
note that your order will be cancelled due to: (i) unavailability of the
Product ordered; or (ii) at your instructions, in the event of failure to
deliver the Product on the expected time of delivery by our delivery partners.
You agree that the Company shall not be liable to pay for any damage or loss
either direct or indirect owing to such cancellation of the order or delay in
delivery.
Tracking Facility: Upon dispatch of the Product, you will receive an email
with the details of the tracking number and the courier company. Orders may
also be tracked, by clicking the ‘Your orders’ option on you My Accounts page.
The order status can be tracked after 24 hours from the time of dispatch.
III. DISCLAIMER
OF WARRANTIES
Your use of the Website and/or Products are at your sole
risk. The Website and the Products are offered on an “as is” and “as available”
basis. The Company expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose and non-infringement with respect
to the Products or Website content, or any reliance upon or use of the Website
content or Products.
Without limiting the generality of the foregoing, the
Company makes no warranty:
a. That the information provided on this Website is accurate,
reliable, complete, or timely;
b. That the links to third-party websites are to information that
is accurate, reliable, complete, or timely;
c. No advice or information, whether oral or written, obtained by
you from this Website will create any warranty not expressly stated herein;
d. As to the results that may be obtained from the use of the
Products or that defects in the Products will be corrected; and
e. Regarding any Products purchased or obtained through the
Website.
The inclusion of any Products or offers on the Website at
a particular time does not imply or warrant that the Products or offers will be
available at any time.
The Company shall have the right, at any time, to change
or discontinue any aspect or feature of the Website, including, but not limited
to, content, hours of availability and equipment needed for access or use.
Further, the Website may discontinue disseminating any portion of information
or category of information. The Company does not accept any responsibility and
will not be liable for any loss or damage whatsoever arising out of or in
connection with any ability/inability to access or to use the Website.
IV. LIMITATION
OF LIABILITY
The Company takes no liability or exclusive remedy, in
law, in equity, or otherwise, with respect to the Website content and Products
and/or for any breach of this T&C. The Company will not be liable for any
direct, indirect, incidental, special or consequential damages or loss in
connection with this T&C or the Products in any manner, including liabilities
resulting from (a) the use or the inability to use the Website content or
Products or allied services; (b) the cost of procuring substitute the Products
or content; (c) any Products purchased or obtained or transactions entered into
through the Website; or (d) any lost profits you allege, even if we have been
advised of the possibility of such damages and in no event shall our maximum
aggregate liability exceed.
You agree that, to the fullest extent permitted by
applicable law, neither the Company nor our affiliates, partners, or licensors
will be responsible or liable (whether in contract, tort (including negligence)
or otherwise) under any circumstances for any (a) interruption of business; (b)
access delays or access interruptions to the Website; (c) data non-delivery,
loss, theft, mis-delivery, corruption, destruction or other modification; (d)
loss or damages of any sort incurred as a result of dealings with or the
presence of third party website links on the Website; (e) viruses, system failures
or malfunctions which may occur in connection with your use of the Website,
including during hyperlink; (f) any inaccuracies or omissions in content; or
(g) events beyond the reasonable control of the Company. We make no
representations or warranties that defects or errors will be corrected.
This disclaimer constitutes an essential part of this
T&C.
Some jurisdictions do not allow the limitation or
exclusion of liability for incidental or consequential damages so some of the
above limitations may not apply to you.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless the
Company, and any of its contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from all liabilities, claims, damages,
costs and expenses, including reasonable attorney’s fees and expenses, of third
parties relating to or arising out of: (a) this T&C or the breach of your
warranties, representations and obligations under this T&C; (b) the Website
content or your use of the Website content; (c) the Products or your use of the
Products (including trial products); (d) any intellectual property or other
proprietary right of any person or entity; (e) your violation of any provision
of this T&C; or (f) any information or data you supplied to the Company.
When the Company is threatened with suit or sued by a third party, the Company
may seek written assurances from you concerning your promise to indemnify the
Company; your failure to provide such assurances may be considered by the
Company to be a material breach of this T&C. The Company will have the
right to participate in any defense by you of a third-party claim related to
your use of any of the Website content or Products, with counsel of the Company
choice at its expense. The Company will reasonably cooperate in any defense by
you of a third-party claim at your request and expense. You will have sole
responsibility to defend the Company against any claim, but you must receive
the Company prior written consent regarding any related settlement. The terms
of this provision will survive any termination or cancellation of this T&C
or your use of the Website or the Products.
VI. PRIVACY
The Company believes strongly in protecting user privacy
and providing You with notice of the Company’s use of data. Please refer to the
Company privacy policy, incorporated by reference herein, that is uploaded on
the Website.
VII. GENERAL
Force Majeure: The Company will not be deemed in default hereunder or
held responsible for any cessation, interruption or delay in the performance of
its obligations hereunder due to earthquake, storm, natural disaster, act of
God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any
acts of nature labour disputes, floods, lightning, severe weather, shortages of
materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or
other disruptive mechanisms, any event of hacking or illegal usage of the
Website, utility or communication failures, revolution, civil commotion, acts
of public enemies, blockade, embargo or any law, order, proclamation,
regulation, ordinance, demand or requirement having legal effect of any
government or any judicial authority or representative of any such government,
or any other act whatsoever, whether similar or dissimilar to those referred to
in this clause beyond our reasonable control. Further if Force Majeure event
takes place that affects the performance of our obligations under these T&C
our obligations under these T&C shall be suspended for the duration of
Force Majeure event..
Cessation of Operation: The Company may at any time, in its sole discretion and
without advance notice to You, cease operation of the Website and distribution
of the Products.
Entire Agreement: This T&C comprises the entire agreement between you
and the Company and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver: The failure of the Company to exercise or enforce any
right or provision of this T&C will not constitute a waiver of such right
or provision. If any provision of this T&C is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavour to give effect to the parties’ intentions as reflected in such
provision, and the other provisions of this T&C remain in full force and
effect.
Governing Law and Jurisdiction: This T&C shall be construed in
accordance with the applicable laws of India and will be governed by the laws
of the state of West Bengal without regard to its conflict of law principles to
the contrary. Neither you nor the Company will commence or prosecute any suit,
proceeding or claim to enforce the provisions of this T&C, to recover
damages for breach of or default of this T&C, or otherwise arising under or
by reason of this T&C, other than in courts located in State of West
Bengal. By using this Website or ordering Products, you consent to the jurisdiction
and venue of such courts in connection with any action, suit, proceeding or
claim arising under or by reason of this T&C.
Waiver of Class Action Rights: By accepting the T&C, you hereby
irrevocably waive any right you may have to join claims with those of other in
the form of a class action or similar procedural device, any claims arising out
of, relating to, or connection with this T&C must be asserted individually.
Termination: The Company reserves the right to terminate your access
to the Website if it reasonably believes, in its sole discretion, that you have
breached any of the terms of this T&C. Following termination, you will not
be permitted to use the Website and the Company may, in its sole discretion and
without advance notice to you, cancel any outstanding orders for Products. If
your access to the Website is terminated, the Company reserves the right to
exercise whatever means it deems necessary to prevent the unauthorized access
of the Website. This T&C will survive indefinitely, unless and until the
Company chooses, in its sole discretion and without advance notice to You, to
terminate it.
Domestic Use: The Company makes no representation that the Website or
Products are appropriate or available for use in locations outside India. The
users who access the Website from outside India do so at their own risk and
initiative and must bear all responsibility for compliance with any applicable
local laws.
Assignment. You may not assign your rights and obligations under this T&C to
anyone. The Company may assign its rights and obligations under this T&C in
its sole discretion and without advance notice to you.
By using this Website or ordering Products from this
Website, you agree to be bound by this T&C.
Survival. If any provision or provisions of these T&C shall be held to be
invalid, illegal, or unenforceable, the validity, legality and enforceability
of the remaining provisions shall remain in full force and effect.
Contact Us: Please
contact us for any questions or comments (including all inquiries unrelated to
copyright infringement) regarding the Products or the Website.
Customer Service Desk:
Email: info@zeeshanstore.com
Phone Number: +91 8609855462,7586998689
Contact Days: Monday-Friday (From 9:00 Am to 5:00pm)
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