General terms of use:
- ZEVE is operating as an online marketplace and assumes the role of facilitator of the goods ordered through it, and does not at any point of time during any transactions between buyer and merchant on the platform comes into or take possession of any of the products or services offered by the merchant. At no time shall ZEVE hold any right, title, interest over the products nor shall ZEVE have any obligation or liabilities in respect of such contract entered between Buyer/ Customer and Merchant.
- ZEVE is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be strictly bipartite contract between the merchant and the buyer/ customer. In case of complainant from the buyer pertaining to the food efficacy, quality or any other such issue, ZEVE shall notify the same to merchant and shall also redirect the buyer to consumer call center of the merchant. The merchant shall be liable for redressing buyer complaints. In the event you raise any complainant on any merchant accessed using our platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant ant the specific order to which the complainant relates to enable satisfactory resolution of the complainant.
- ZEVE shall provide the cash on delivery system of Business to its Consumers/ Buyers, wherein, the Buyer/ Customer can pay the total amount of Bill/ Money of the ordered Goods(inclusive of Delivery Charge of ZEVE) while collecting goods from the delivery agent/Agents.
- All commercial/ contractual terms are offered by and agreed to between buyer and merchant alone. The commercial/ contractual terms includes without limitation price, taxes, shipping costs, payment method, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. ZEVE does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/ contractual terms between the buyer/ customer and merchants. ZEVE may, however, offer support services to Merchants in respect to order fulfillment, payment collection, call center and other services, pursuant to independent contracts executed by it with the Merchants.
- ZEVE is not responsible for any non performance or breach of any contract entered into between Buyer and Merchant on the platform. ZEVE cannot and does not guarantee that the concerned buyer and/ or Merchants will perform any transaction concluded on the Platform. ZEVE is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- ZEVE does not make any representation or warranty as to the items specifies (such as legal title, credit worthiness, identity etc) of any of the merchants. You are advised to independently verify the bonafide of any particular Merchant that you choose to deal with on the platform and use your best judgment in that behalf. All merchant offers and third party offers are subject to respective party terms and conditions. ZEVE takes no responsibility for such offers.
- ZEVE is not responsible for any non-performance or breach of any contract entered into between Buyer and Merchant on the platform. ZEVE cannot and does not guarantee that the concerned Buyer and/ or Merchant will perform any transaction concluded on the platform. ZEVE is not responsible for unsatisfactory or non-performance of services or damage or delays as a result of products which are out of stock, unavailable or back ordered.
- Person/ persons who is/ are of the age of majority according to the law to which he is subject to and is of sound mind and is not disqualified from contracting by any law to which he is subject is only competent to enter into the contract by logging in into the provided platform. Certificate of Acknowledgement should mandatorily be given by the natural guardian or legal guardian if the person entering into the contract with ZEVE is below the age of 18 years.
- If you choose to use the platform, it shall be your responsibility to treat your users identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclosure the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of use.
- By using this platform you represent and warrant that all registration information you submit truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
- Your use of platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or e-mail address and that you are solely responsible for all content published or displayed through your account, including any e-mail massages and your interactions with other users and you shall abide by all applicable local, state, national, and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
- All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise explicit in all manners permitted by these terms of use and privacy policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and/ or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
- You will not submit post, upload, distribute or otherwise transmit or make available or transmit any content that:
a) Is defamatory, abusive, harassing, insulting, threatening or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person.
b) Is bigoted, hateful or racially or otherwise offensive.
c) Is violent, vulgar, obscene, pornographic or otherwise sexually explicit.
d) Is illegal or encourages or abets or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
e) You shall at all times be responsible for the use of the services through your computer or mobile devices and for bringing these terms of use and ZEVE policies to the attention of all such persons accessing the platform on your computer or mobile device.
- You release and fully indemnify ZEVE and/ or any of its officers and representatives from any cost, damage, liability or other consequences of any of your actions in relation to use of the platform and specifically waive and claim that you may have in this behalf under any applicable laws of India. Your indemnification obligation will survive the termination/ deactivation of your account or your use of the platform. Notwithstanding its reasonable efforts I that behalf, ZEVE cannot take responsibility or control the information provided by other users which is made available on the platform. You may find other users information to be offensive, harmful, inconsistent, inaccurate or deceptive. Please use caution and practice safe trading when using the platform.
- We endeavor to make the platform available during Merchant working hours. However, we do not represent that access to the platform will be uninterrupted timely, error free, free of viruses or other harmful components or that such defects will be corrected.
- We do not represent or warranty that the information available on the platform will be correct, accurate or otherwise reliable.
- We reserve the right to suspend or withdraw access to the platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended user may not register or attempt to register with us or use the platform in any manner whatsoever until such time that such user is reinstated by us.
TERMS OF SERVICE:
- You agree and acknowledged that we shall not be responsible for:
a. The services and products provided by the Merchant or the Concierge.
b. The Merchant’s product not being up to your expectations or leading to any loss, harm or damage to you.
c. The availability and unavailability of certain items on the catalogue.
d. The Merchant serving the incorrect orders.
- The details of the catalogue and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.
- You may not be able to avail our Services if your delivery location is outside our current scope of service. We will keep you inform of the same at the time of conforming booking of your order/ orders.
- You understand that delivery periods quoted to you at the time of conforming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
- Your order will only be delivered to the address designated by you at the time of placing the order on the platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of delivery location shall be at our sole discretion.
- You shall undertake to provide adequate directions, information and authorization to accept delivery. In the event of any failure to accept deliver, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such products shall deemed to have been delivered to you and all risk and responsibility in relation to such products shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
- You understand that our liability ends once your order has been delivered to you.
SERVICES PROVIDED
- You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the products purchased from the Services.
- Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by this Terms of Use and any other terms as set out in such document confirm such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the products sold if you fail to redeem the products within the expiry date or in accordance with the terms therein.
- You agree and acknowledge that neither us nor the Merchant shall be liable in the event of you fail to adhere to the Terms of Use as mentioned herein.
- You might be required to provide your credit or debit card details to the approved payment gateway while making the payment. In this regard, you agree to provide correct and accurate credit or debit card details to the approved payment gateways for availing the Services. you shall not use credit or debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit or debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit or debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit or debit card.
- We do not offer any refunds against products already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such product or services.
- We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
- You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
- That the selling price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The selling price is provided on the Website on ‘as is’ basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty selling Price shall, subject to discretion of the Seller, not be valid acceptance and such transaction can be avoided by the Seller / Merchant.
- All prices are inclusive of all taxes unless stated otherwise.
- There are various delivery products for delivery of purchased product to the Buyer, as decided by the Seller. The risk of any damages, loss or deterioration of the products during the course of delivery or during transit shall be on the Seller/ Merchant and not on the Buyer. Seller represent and warrant that the products being delivered are not faulty and are exactly those products which are listed and advertised by the Seller on the website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
- Buyer's shipping address, pin code will be verified with the database of Website before a Buyer processed to pay for Buyer’s purchase. In the event Buyer’s order is not serviceable by service providers or by seller or the delivery address is not located in the area that is covered under the order conformation form, Buyer may provide an alternative shipping address on which the Product can be delivered by the service provider or by the Seller.
- That there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Products on or through the Website. However, the Products shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Products.
- Buyer shall be bound to take delivery of the products purchased by the Buyer that are said to be in deliverable State. Where the Buyer neglects or refuse to accept the delivery of the Products ordered by the Buyer, the buyer may be liable to the Seller for such non-acceptance and shall further be liable to ZEVE for any loss of any fee or charges that ZEVE and its third parties shall earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to ZEVE and its third parties are not consequential or indirect.
- The title in the product and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product / Products. Upon delivery, the Buyer is deemed to have accepted the Product / Products. The risk of loss shall pass on to the Buyer upon delivery of Product/Products.
- Before accepting delivery of any product, the Buyer shall reasonably ensure that the product’s packaging is not damaged or tampered.
- The return process may be subject to additional terms depending on the nature and category of the product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the product.
- In the event return of the Product is duly accepted by the Seller the value of such Product, as originally paid by the Buyer during acceptance of the Product will either be refunded to the buyer either to the Bank account provided by the Buyer for such refund or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. ZEVE shall have the sole discretion to determine the mode of reversal from the above options.
- Buyer agrees that if the returned Product is not accepted by the seller, then ZEVE shall have right to liquidate or sell those products and give all valid title, right and interest including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those products are sold.
CANCELLATION OF TRANSACTION/ ORDERS:
CANCELLATION BY THE SELLER:
There may be certain order that Seller is Unable to accept and has the right to cancel either by the Seller directly or Seller can instruct ZEVE to cancel such order. Seller reserves the right at its sole discretion to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyers order being cancelled include, without limitation, non-availability of the products or quantities ordered by the Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or ZEVE. If Buyer order is so cancelled, after the payment has been processed, the said amount shall be reversed/ remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. ZEVE shall have the sole discretion to determine the mode of reversal from the above options.
CANCELLATION BY THE BUYER:
In case of requests for order cancellations, Seller reserves the right to accept or rejects for order cancellations for any reason whatsoever. As part of usual business practice if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to the Buyer within a reasonable period of time. Seller will not be able to cancel orders that have been processed by the Seller. Buyer agrees not to dispute the decision made by the Seller and accept Seller’s decision regarding the cancellation.
SET-OFF OF ANY BENEFIT AVAILED BY THE BUYER:
In case the Buyer availed any benefit under any marketing or promotions provided by ZEVE in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes ZEVE to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.