TERMS AND CONDITIONS
Zotick.com is owned and
operated by Bizotico (henceforth referred as "Bizotico"
or "Zotick" or "We" or "Us" or "Our"
"www.zotick.com" having its registered office at No.1, Maruti Complex, 3rd Floor, R
T Nagar Main Road, Bangalore, Karnataka, India – 560 032. In using the Zotick.com
service, of Bizotico you are deemed to have accepted the 'Terms and Conditions'
of the agreement listed below or as may be revised from time to time, which is,
for an indefinite period and you understand and agree that you are bound by
such terms as long as you access this website. This Agreement for the 'Terms
and Conditions of use of the Company's Website' (hereinafter referred to as
'Agreement') describes certain terms and conditions to access and use the
website of the Company by a visitor or a registered user and order products
(hereinafter referred to as the "End User", "You" or
"Your").
1. ACCEPTANCE OF TERMS OF USE
Please read these terms and
conditions carefully. By accessing this website, you agree to be bound by the
terms and conditions below. The company reserves the right to alter, amend and
modify these terms and conditions at its sole discretion. All such amendments
and modifications will be duly notified on this website. If you are not
agreeable to the terms and conditions, we request you not to access this
website.
You expressly agree to be bound
by this Agreement, irrespective of whether You are a registered member or a
visitor, by using the information, tools, features and functionality located on
this website. As such, You agree to be bound by the terms and conditions
detailed herein. The Company recommends that, irrespective of whether You are a
visitor or a registered member who proposes to utilise the service provided by
the Company, to carefully read all the terms and conditions as provided herein.
The said terms and conditions displayed are recommended to be saved for any
future reference and for Your own records. Or You may even take a print out of
the same.
The Company expressly states
that the services provided or offered by this website and the Agreement that
You are required to be bound by is meant only for individuals/entities who are
permitted to enter into and be bound by a legal contract as per the prevalent
laws. In the event that You are not legally permitted to enter into a contract
or are, for some reason, either due to Your age or any other reason not
permitted to enter into an Agreement, then You are not permitted to utilise the
services provided by this website or enter into this Agreement. In the
alternative, You could order products under parental supervision. Your
acceptance of this Agreement and utilisation of services implies that You
expressly and implicitly represent to the Company that You are of the legal
contracting age or operating under parental supervision and nothing will
invalidate this Agreement. The Company has the right to bind You and/or your
parents to this Agreement.
In the event that You are
representing certain individual/s, company/ies, third parties or any entities,
in any capacity, then You expressly confirm that You have the valid authority
and the right to do so for and on behalf of them. By entering into this
Agreement, You state that You have the right to bind such individual/s,
company/ies, third parties or any entities to this Agreement.
The Services made available on
or through this website are not intended to be providing You with any nature of
certification, guarantee or warranty or any professional advice and is merely
information and guidance. By accessing, browsing and using this website, You
agree and acknowledge that You understand this limited and restricted use, and
agree that You will not rely on the information and materials contained in this
website for any purposes except as is intended. You further agree that in all
actual matters, You are ultimately responsible for determining Your specific
requirements.
You are strictly prohibited
from unauthorised use of our systems or this website, including but not limited
to unauthorised entry into our systems, misuse of passwords, or misuse of any
information posted on this website.
You acknowledge that the Company
may disclose and transfer any information that You provide through this website
to (i) our affiliate or information providers, (ii) to any third party, but
strictly with Your permission, or (iii) if we are legally bound to disclose any
information due to compulsions under law. You consent to the transmission,
transfer or processing of such information to, or through, any country in the
world, as we deem necessary or appropriate, and by using and providing
information through this website, You agree to such transfers.
You expressly agree and acknowledge that usage of the website may be monitored,
tracked and recorded. As such, You expressly consent to such monitoring,
tracking and recording.
You are responsible for being
familiar with the current version of these 'Terms and Conditions' posted on the
website during each session. By the continued accessing of this website or the
services, You implicitly agree to be bound by the revised terms and conditions.
2. DESCRIPTION OF SERVICE AND PRODUCTS
The Company provides an
opportunity for You to purchase the Products. Upon placing order, the Company
shall ship the Product to You and will be entitled to its payment for the
Services.
All Products and information displayed on the Website/s constitute an "invitation
to offer". Your order for purchase constitutes your "offer"
which shall be subject to the terms and conditions as detailed in this
Agreement. The Company may accept or reject Your offer in its sole discretion
which cannot be contested by You.
The Company, to the best of its
knowledge, has displayed or attempts to display on the Website as accurately as
is possible, colours of the Products that is displayed on the Website. However,
the colours visible to You is solely dependent on Your monitor. Hence, no
guarantee is provided by the Company regarding Your visibility of the colours
on the Website. The Company does not provide any warranty or guarantee that the
Product descriptions are accurate, complete, reliable, current, or error-free.
If a Product offered by the Website is not as described, the Company will only
be liable to refund the full amount of the purchase subject to the product
being returned in an unused, unsoiled and resale condition. The Company offers
a large selection of watches along with information which will inform and guide
You to make the Purchase.
3. YOUR OBLIGATION AND COVENANTS TOWARDS THE
PRODUCTS
In addition to Your other
covenants in this Agreement, by ordering product/s on the website, You
acknowledge and agree that:
(a) Any non-delivery or wrong
delivery of the products by the Company due to error in the information
provided by You, then any re-delivery cost in addition to the initial cost will
be billed to You;
(b) All information provided by
You including your contact details, name and address, bank or credit card
details are Yours and authentic and there is no misrepresentation or fraudulent
act from Your end;
(c) Before placing an order,
You will check the product description carefully, and by placing an order for a
product, You agree to be bound by the conditions of sale included in the item's
description.
4. INFORMATION REQUIRED FROM YOU
Upon Your acceptance of
agreeing to be a member and avail of services from our website, we will request
You for certain basic information for registration. Once You provide us with
the details, we will request You for additional information in order to provide
You with the services. However, we will not request You for any personal
information or identity disclosure. All information provided by You will be
treated as private and confidential. The same is more fully detailed under
clauses of Privacy Policy and Security below.
The Company hereby undertakes
and confirms that the mechanism employed by the Company is more specific to
Users whereby no personal data or information is maintained or tracked or
stored on Company's servers or any third-party servers. All such data or
information shall at all times remain on Your machine or server only.
5. ORDER FOR AND SUPPLY OF PRODUCTS
(a) You will have to submit
Your order for the purchase of the product as detailed under the website.
(b) Once the order is submitted, it expresses intention to purchase the product
and the same may not be cancelled, except as provided hereunder.
(c) Based on the information
provided by You and subject to the Company's verification of the same, the
orders will be accepted by the Company for processing.
(d) All orders will be
processed once the Company receives the payment for the product.
(e) All orders will be confirmed via e-mail.
(f) The Company will use its
best efforts to ensure that an order placed by You is successfully processed
subject to the availability of the product/s.
6. PRICING AND PAYMENT
(a) The prices for product/s
are described on the website and are incorporated into these terms by
reference. All prices are in Indian rupees. The prices, products and services
are subject to change at the Company's discretion.
(b) The Company will use its
best efforts to ensure the accuracy of the prices and price-related information
stated on the Website. However, in case of any discrepancy, the Company's
decision will be final.
(c) In the event of any
inadvertent mistake by the Company in quoting the price, the Company will
notify You of the error before Your payment is processed. You will then have
the choice to either accept the correct price or to cancel Your order.
(d) The Company accepts the
following forms of payment: (i) Online payment via credit card, debit card, net
banking (ii) Cash deposit on our bank account.
(e) You agree, understand,
confirm and state that the card details provided by You to transact on the
website will be correct, accurate and is owned by You. In the event that You
use a card belonging to any third party, then You confirm that you have been
authorised to or expressly permitted by said third party to use the card for
making payments.
(f) The Company will not be
liable for any credit card fraud. The liability for use of a card fraudulently
will be on the User and the onus to 'prove otherwise' shall be exclusively on
the User.
(g) In addition to all other remedies available under the law and equity, and
as detailed under this Agreement, the Company reserves the right to recover the
cost of product/s, collection charges, attorney's charges etc, from a User
using the website fraudulently. Further, the Company reserves the right to
initiate legal proceedings against such persons for fraudulent use of the
website and any other unlawful acts or acts or omissions in breach of these
terms and conditions.
7. RETURN & EXCHANGE POLICY
Zotick is committed to ensuring
full customer satisfaction with respect to the products available on our
website, security & customer assistance. However, if you are not happy with
the product, you can choose to return the order.
NOTE: In case of international
orders, we do not currently accept any returns or exchange of our products,
except for those cases where a defective product has been delivered. You shall
return the defective product unused and in the same condition as you received
it, in its original packaging, along with the invoice for a refund. You are
required to report the defect within 7 days of receipt of the product either by
calling us on +91 77118 89191 or writing to us on customercare@zotick.com. For the refund on the returned defective product
please check the section on Refund below.
(a) 7- Days Return Policy For
Domestic Orders Only: In the unlikely event that the order delivered is in
damaged condition, or otherwise, you can return the product unused and in the
same condition as you received it, in its original packaging, along with the
invoice and get the refund. Our courier partner will collect the order from the
address provided by you and will get it back to us.
(b) Return Charges: Domestic
Order: Our courier partner will collect the order from provided address (within
India). Customer need not pay any shipping charges to return the product.
(c) How To Initiate The Refund
Process?
1. Customers should contact Zotick customer support
on +91 77118 89191 or write to customercare@zotick.com within 7 days from the receipt of product.
2. Customers should not return the product before
receiving a confirmation mail from Zotick about the same.
3. All the products must be returned in their
original condition, unaltered and unused.
4. Provide the invoice/guarantee card into the
package for return process. Without the above, returns will not be processed.
NOTE: We shall not entertain
any request after 7 days from the date of receipt of the product.
(d) Refund: We shall process
the refund once we receive the product. The product must be in unused
condition, in its original packaging along with its original tags and invoice,
failing which refund may not be possible.
Once the refund process has
been initiated, the amount will be directly refunded to your account via the
same mode through which the transaction was made or through cheque (amount
would be refunded through cheque, only in cases where the debit/credit card
used by customer while placing the order is not in use).
In case the customer pays
online then amount will be refunded within 7-15 working days from the receipt
of returned product(s) at the warehouse of zotick.com.
(i) Domestic Order: In case of domestic order
(where the product is shipped within India) 100% refund will be made.
In case the customer pays online then the amount
will be refunded within 7-15 working days from the receipt of the returned
product(s) at the warehouse of Bizotico.
In case of COD (Cash on delivery i.e., when
customer pays in cash once the product is received) the amount can be refunded
either through cheque or online transfer as NEFT (National Electronic Fund
Transfer). The mode of refund depends on the customer's choice:
1. If customer provides a cancelled cheque with the
returned product then the refund can be made within 7-15 working days &
amount will be refunded directly into customer's account through online
transfer as NEFT.
2. If customer doesn't provide any cancelled cheque
then amount will be refunded through cheque that will be sent by courier at the
address provided by customer at time of registering/placing the order. It may
take up to 30 working days.
(ii) International Order: For international orders,
currently we do not provide for refund policy. Although, Zotick will refund the
amount to the customer only under following two circumstances and at the sole
discretion of Zotick:
1. We will accept the return of only defective
product and then subsequently provide for the refund. However, the refund
process will be initiated only post inspection and after we get a go ahead from
our QA (quality assurance) team. While refunding for the defective product, we
will not charge you for shipment (to and fro).
2. We will refund under those circumstances where
our logistic partner has been unable to deliver the product, even after
repeated efforts due to the customer's unavailability. Although while making
the refund, we will deduct from the amount paid all the costs incurred by Bizotico
like shipment expenses both to and fro, customs paid and any other charges.
(e) Exchange: We regret to
inform that exchange of products is not possible for the products bought from
our website.
8. LINKS TO THIRD PARTY SITES
As part of the availing of
services, You as a member will provide us Your personal information either to
retrieve or collect data or information from third party websites. Such third-party
websites may be maintained by such financial institutions with whom You have an
account, bank with or have created certain liabilities. The Company does not
and cannot assume any responsibility for or the accuracy of such information or
data maintained by such third parties, either in terms of updating, accuracy,
deletion, non-delivery or failure to store data, communications, etc. The
website may provide, or third parties may provide, or the website may contain
links to other World Wide Web sites or resources. The responsibility for the
operation and content of those websites shall rest solely with the organisation
identified as controlling the third-party website and will be governed by
separate terms and conditions. Links are provided for convenience, and
inclusion of any link does not imply endorsement in any way of the site to
which it links.
Because the Company has no
control over such sites and resources, You acknowledge and agree that the
Company is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such
sites or resources.
You further acknowledge and
agree that the Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
9. REGISTRATION AND USE
You agree and understand that
You are responsible for maintaining the confidentiality of all information
provided to the Company while registering Yourself, which includes Your login
ID, e-mail address and the passwords for the same. You are fully responsible for
all activities that occur under Your e-mail address password or account and You
shall ensure that You exit from Your account at the end of each session.
The Company will send all
correspondences, notices and any other communication to the e-mail address
furnished by You. In case of any change in the said e-mail address, it is Your
duty to update or change the same.
The Company shall maintain
utmost secrecy and use all the security measures to ensure that the information
is not misused by any third party. In the event of Your becoming aware of any
unauthorised use or misuse of the information provided by You to the Company,
You are requested to forthwith contact the Company at No.1, Maruti Complex,
R T Nagar Main Road, Bangalore, Karnataka – 560 032. The Company cannot and
will not be liable for any loss or damage arising from Your failure to comply
with this section.
10. LEGAL USES
Further, You agree and
understand that Your right to access and use the services offered on this
website are personal to You and are not transferable by You to any other person
or entity.
You understand that You are
authorised to access and use the services only for legal and lawful purposes.
You further undertake and state
that by using the services, You are in no way impersonating or misrepresenting
any person or entity. All services availed of are for Yourself only. In the
event that You are representing individual/s, company/ies, third parties or any
entities, You undertake and state that You are authorised to represent such
individual/s, company/ies, third parties or any entities. You shall be solely
responsible for the consequences arising out of such acts and the Company shall
not be held responsible or liable in any way to any person or entity
Any changes in Your registration information must be duly updated by You.
Your access and use of this website may be interrupted from time to time for
any of several reasons, including, without limitation, the malfunction of
equipment, periodic updating, maintenance or repair of the website or other
actions that the website, in its sole discretion, may elect to take. We at the
Company utilise our best efforts to provide services without any interruptions
or hindrance; however, we do not warrant that the function, operation, security
or accessibility of the website will be uninterrupted or error-free, that
defects will be corrected, or that this website or the server that makes it
available will be free of viruses or other harmful elements. As a User of the
website, You agree that Your access will be subject to these terms and
conditions and that access is undertaken at Your own risk. We shall not be
liable for damages of any kind related to Your use of or inability to access
the website.
11. STORAGE, DELETION OR TRANSPORT OF DATA
The Company states that the
data provided by You shall belong solely and exclusively to You. As such, You
are permitted to remove or delete the data, so provided, either in full or any
portion, at any point in time as You desire. The Company requests You to notify
the Company of such removal or deletion. In the event that You wish for the
Company to remove or delete all or any portion of the data belonging to You,
then the same needs to be provided in writing to the Company. Upon receipt of
such a written request, the Company will do the needful forthwith and notify
You of the same. The Company will not retain any copies of such data on its
server or in any other place.
In this regard, the Company
warrants that it cannot access such deleted material at any point in time. Any
contact, information or access that the Company had towards such data or
material or accounts will cease forthwith. However, certain portions of Your
data, which the Company had maintained on its servers may remain either in
backups or in transaction logs. These are maintained only for the specific
purpose of backup or to provide Services to You in the event of any malfunction
or damage to our server in order to ensure continuity of our service without
disruption.
12. COMMUNICATION
The Company may send You
communication, notices or alerts from time to time. These alerts and
communication will be sent automatically by the Company to You. Please be
informed that by providing your e-mail ID and phone number on the website or
via specific events organised by the Company, you have agreed to receive e-mail
updates and SMS communication from us that is transactional, promotional and
informational in nature. In case You have suppressed the receipt or disabled or
marked alerts or communication in general to be junked, the Company recommends
that You revise the same and activate the receipt of alerts to Your proper
destination. As such any communication from our end will be related to the
services and you may choose to unsubscribe and/or disable the communication at
your own will.
Changes to Your e-mail address
will apply to all of Your alerts. Any e-mail which is sent by the Company or
through any of the websites mentioned above, its contents and attachments, if
any, are intended solely for the attention of the addressee/s and may also be
privileged. If You are not the addressee, You may not copy, forward, disclose
any part of any message received or its attachments and if You receive a
message in error, please delete said message from Your system and notify us
immediately. You agree and acknowledge that internet communications cannot be
guaranteed to be secure or error-free. Any information sent via the internet
could be intercepted, corrupted, lost or contain viruses. The Company and the
website therefore do not accept responsibility for any errors or omissions in
messages received by You, which may arise as a result of internet transmission.
13. RIGHTS GRANTED BY YOU
As the provision of services
includes You providing us with information, data, passwords, usernames,
personal identification numbers and other materials and content, suggestions,
ideas, feedback, etc, You are hereby expressly granting us the license and
right to utilise the same for and on Your behalf in order to provide the
services.
The Company may or will use
such information with the sole purpose for providing You with the required
services and not for any other purpose. As such, You hereby warrant and
represent that You are duly authorised to submit or represent the third party
on behalf of whom You are providing this information to the Company. Further to
that, You acknowledge and agree that these materials, suggestions, feedback and
information can be utilised without any obligation or restriction on the
Company in terms of payment of fee or any other limitations for marketing,
promotion, advertising or other purposes.
By using the service, You
expressly authorise the Company to access Your accounts maintained by
identified third parties, on Your behalf as Your agent. When You use the
specified feature of another additional account of the Service, You will be
directly connected to the website for the third party You have identified. The
Company will submit information including usernames and passwords that You provide
to log you into the site. You hereby authorise and permit the Company to use
information submitted by You to the service (such as account passwords and
usernames) to accomplish the foregoing and to configure the service so that it
is compatible with the third-party sites for which You submit Your information.
14. YOUR POSTINGS ON WEBSITE
We, as part of our service,
encourage and permit You to post Your messages or content on any publicly
available forums, blogs and other locations on the website. By using or posting
messages or data or any other information on such forums, blogs and other
public locations, You expressly agree that You and only You, are responsible
for all the matters contained in such content. You further, represent and
warrant to us that You have all the necessary rights to post such messages or
information or content and grant us a perpetual, worldwide, royalty free,
non-exclusive, transferable and sub-licensable right to use, reproduce,
distribute, display, modify, amend, perform, etc of such content or information
to promote, modify or redistribute this website, including preparation of any
derivative works thereof, in any form and through any medium without any
restrictions thereof. You expressly agree that all the rights granted under this
paragraph will also be available to each and every user of this website.
Further to that, if You intend to use a forum, a blog or any other feature
available on this Website, then You should make an independent and informed
choice about submitting Your personal identifiable information. All personally
identifiable information submitted on such forums, blogs or community features
can be read, collected or used by any third party. There is a danger of such
information being misused or misappropriated. We do not have control over such
actions and we are not responsible or liable for the personally identifiable
information that You as a User have chosen to submit on a public platform.
In case of any violation of
this condition, the Company reserves the right to forthwith stop your
participation on such public forums.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that
this website and any necessary software used in connection with the website
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge and
agree that any content or software on this website, including its
""look and feel"" (e.g., text, graphics, images, logos and
button icons), photographs, editorial content, notices, software (including
html-based computer programs) and other material are protected by national and
international laws relating to copyrights, trademarks, service marks, patents
or other proprietary rights. Except as expressly authorised by the Company, You
agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on this website, the services offered thereto or any software
thereto, in whole or in part. You acknowledge that the entire website and its
contents, including the software, are owned or duly licensed to the Company and
are protected by the copyright laws in India and under international treaty
provisions. All trademarks, service marks, and logos used and displayed on this
website are registered to and/or owned by their respective owners. Nothing on
this Company website should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any of the trademarks, service marks
and logos displayed on the website, without the prior written consent and
permission of the Company or the respective owners.
You may download or print a
copy of information provided on this website for Your personal, internal and
non-commercial use only. Any distribution, reprint or electronic reproduction
of any content from this website in whole or in part for any other purpose is
expressly and explicitly prohibited without our prior written consent.
16. PROHIBITED ACTIVITIES
You agree NOT to do to the
following:
(a) Upload, post, email,
transmit or otherwise make available any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
(b) Impersonate any person or entity, including, but not limited to, officials,
directors, employees, agents, authorised representatives, forum leaders, guides
or hosts, or falsely state or otherwise misrepresent any information or accounts;
(c) Forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content or
material transmitted or provided through the site;
(d) Collect or store personal
data about other Users;
(e) Interfere with or disrupt
the website or servers or networks connected to the website, or disobey any
requirements, procedures, policies or regulations of networks connected to the
website;
(f) Intentionally or unintentionally violate any applicable local, state,
national or international law;
(g) Upload, post, e-mail, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
(h) Upload, post, email, transmit or otherwise make available any unsolicited
or unauthorised advertising, promotional materials, "junk mail", "spam",
"chain letters", "pyramid schemes”, or any other form of solicitation,
except in those specific areas that may be designated for such purpose of
posting such mails or messages by the Company;
(i) Use any robot, spider,
scraper, deep link or other similar automated data-gathering or extraction
tools, program, algorithm or methodology to access, acquire, copy or monitor
this website, either in whole or in part;
(j) Use or attempt to use any
engine, software, tool, agent, or other device or mechanism (including without
limitation, browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this website, other than the search engines and search
agents available through the service and other than generally available
third-party web browsers (such as Microsoft Explorer);
(k) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the
software comprising or in any way making up a part of this website or the
service;
(l) Post or transmit any
message, data, image or program that would violate the property rights of
others, including unauthorised copyrighted text, images or programs, trade
secrets or other confidential proprietary information, and trademarks or
service marks used in an infringing fashion;
(m) You may not interfere with other Users' use of the service, including,
without limitation, disrupting the normal flow of dialogue in an interactive
area of this website, deleting or revising any content posted by another person
or entity, or taking any action that imposes a disproportionate burden on the
service infrastructure or that negatively affects the availability of the
service to others. You agree that any employment or other relationship You form
or attempt to form with an employer, employee, or contractor whom You contact
through areas of this website that may be designated for that purpose is
between You and that employer, employee, or contractor alone, and not with us.
17. SECURITY AND PRIVACY
The Company knows that You care
about how information about You is used and shared, and we appreciate Your
trust that we will do so carefully and sensibly. We let You retain as much
control as possible over Your personal information. However, You may not visit
and use our site at any time without telling us who You are or revealing the
required information about Yourself. To the Company, our most important asset
is our relationship with You. We are committed to maintaining the
confidentiality, integrity and security of any personal information about our
users. We are proud of our privacy practices and the strength of our site
security and want you to know how we protect Your information and use it to
provide You with services. This notice describes our privacy policy. By
visiting this website, You are accepting the practices described in this
Privacy Policy.
(a) Collection of Information
We may collect personally
identifiable information, such as names, postal addresses, email addresses,
etc., when voluntarily submitted by our visitors. This information is only used
to fulfil Your specific request, unless You give us permission to use it in
another manner, for example to add You to one of our mailing lists.
(b) Cookie/Tracking Technology
The website may use cookie and
tracking technology depending on the features offered. Cookie and tracking
technology are useful for gathering information such as browser type and
operating system, tracking the number of visitors to the Site, and
understanding how visitors use the Site. Cookies can also help customise the
Site for visitors. Personal information cannot be collected via cookies and other
tracking technology; however, if You previously provided personally
identifiable information, cookies may be tied to such information. Aggregate
cookie and tracking information may be shared with third parties.
(c) Distribution of Information
Any personally identifiable
information You submit with the site will ONLY be disclosed to service
providers who are linked to your request. We will not disclose, sell, share or
in any way reveal Your information to any other third party. However, we may
share information with governmental agencies or other companies assisting us in
fraud prevention or investigation. We may do so when: (1) permitted or required
by law; or, (2) trying to protect against or prevent actual or potential fraud
or unauthorised transactions; or, (3) investigating fraud that has already
taken place.
(d) Commitment to Data Security
Your personally identifiable
information is kept secure. Only authorised employees, agents and contractors
(who have agreed to keep information secure and confidential) have access to
this information. All emails and newsletters from this site allow You to opt
out of further mailings. In certain cases, specifically with regard to
particular products, You might be required to provide Your credit or debit card
details to the approved payment gateways while making the payment. In this
regard You agree to provide correct and accurate credit/debit card details to
the approved payment gateways to avail of services on the website. You shall
not use the credit/debit card that is not lawfully owned by You, i.e., in any
transaction, You must use Your own credit/debit card. The information provided
by You will not be utilised 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/debit
card details. Zotick expressly disclaims all liabilities that may arise as a
consequence of any unauthorised use of Your credit/debit card.
Privacy Contact Information
If You have any questions,
concerns, or comments about our Privacy Policy, You may contact us using the
information below:
By e-mail: customercare@zotick.com
By Phone: +91 77118 89191
We reserve the right to make
changes to this policy without notice. Any changes to this policy will be
posted on this page.
18. SECURITY OF INFORMATION
We constantly re-evaluate our
privacy and security policies and adapt them as necessary to deal with new challenges.
We do not and will not sell or rent Your personal information to anyone, for
any reason, at any time, except (i) if it is in response to a valid legal
request by a law enforcement officer or government agency or (ii) when You have
explicitly or implicitly given Your consent, or (iii) to utilize the same for
some statistical or other representation without disclosing personal data.
We only reveal those numbers of
Your account as required to enable us to access and provide You the required
services relating to Your accounts. We make every effort to allow You to retain
the anonymity of Your personal identity and You are free to choose a login ID
email address and password that keeps Your personal identity anonymous. Access
to Your registration information and Your personal financial data is strictly
restricted to those of our Company employees and contractors strictly on a
need-to-know basis, in order to operate, develop or improve the service. These
employees or contractors may be subject to discipline, including termination
and criminal prosecution, if they fail to meet these obligations.
With the exception of a login
ID in the form of an email address, which may be provided on an anonymous
basis, and Your third-party account information, which is required for
providing services, the Company does not require any information from You that
might constitute personally identifiable information.
It is important for You to be
protected against unauthorised access to Your password and to Your computer. Be
sure to sign off when You have finished using a shared computer.
As described in this Agreement and with Your consent, the Company will from
time to time connect electronically to Your online bank, credit card and other
online financial accounts to process Your orders.
Conditions of Use, Notices, and
Revisions
If You choose to visit this
website, Your visit and any dispute over privacy is subject to this Agreement,
including limitations on damages, arbitration of disputes, and application of
the law of the Republic of India. If You have any concern about privacy at this
website, please send us a thorough description to No.1, Maruti Complex, R T
Nagar Main Road, Bangalore, Karnataka – 560 032 and we will try to resolve
it. Our business changes constantly. This notice and the 'Terms of Membership'
will change also, and the use of information that we gather now is subject to
the Privacy Policy in effect at the time of use. We may e-mail periodic
reminders of our notices and conditions, unless You have instructed us not to,
but You should check our website frequently to see recent changes.
19. DISCLAIMER
The information contained in
this website is for general information purposes only. The information is
provided by Zotick and while we endeavour to keep the information up to date
and correct, we make no representations or warranties of any kind, express or
implied, about the completeness, accuracy, reliability, suitability or
availability with respect to the website or the information, products,
services, or related graphics contained on the website for any purpose. Any
reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without
limitation, indirect or consequential loss or damage, or any loss or damage
whatsoever arising from loss of data or profits arising out of, or in
connection with, the use of this website.
Through this website you are
able to link to other websites which are not under the control of Zotick. We
have no control over the nature, content and availability of those sites. The
inclusion of any links does not necessarily imply a recommendation or
endorsement of the views expressed within them. Every effort is made to keep
the website up and running smoothly. However, Zotick takes no responsibility
for, and will not be liable for, the website being temporarily unavailable due
to technical issues beyond our control.
20. INDEMNITY BY YOU
You shall defend, indemnify and
hold harmless the Company and its officers, directors, shareholders, and
employees, from and against all loss, damages, claims and expenses, including
but not limited to attorney fees, in whole or in part arising out of or
attributable to any breach of this Agreement by You, any misrepresentation or
misuse of the service offered to You or any negligent or unreasonable or
inappropriate use of the website or the services.
21. TERMINATION
This Agreement to be applicable
and shall be binding on the parties, i.e., You and the Company, unless
terminated as specified below:
(a) By You, by providing a
written notice of at least 3 (three) business days;
(b) Closure of Your account by
the Company or You for any reason immediately;
(c) The Company may terminate this Agreement and close Your account if it comes
to the knowledge of the Company that You have breached any of these terms and
conditions, whether intentionally or by implication;
(d) The Company may terminate
the Agreement, if it is so required to be one by an express direction of law.
All termination notices have to be forwarded to No.1, Maruti Complex, R T
Nagar Main Road, Bangalore, Karnataka – 560 032. The Company hereby
expressly states that this service (including, without limitation, the
underlying network, system, software, servers, various directories and
listings, various message and news and bulletin boards, blogs, tools,
information and databases) is intended for End Users who are legally permitted
to enter into a contract. This Service is not intended for the use of minors or
people who are not permitted to enter into a valid and binding contract. In the
event if it comes to the attention of the Company, from authentic and valid
resources, that a particular End User does not meet these criteria, then the
Company will forthwith close the account of the said End User and will delete
all information and content which is relating to that End User without any
obligation or liability towards such End User from the Company's records.
22. JURISDICTION
The Company controls and
operates this website from its corporate office in Bangalore, India, and makes
no representation that these materials are appropriate or available for use in
other locations. If You use this website from other locations, You are
responsible for compliance with applicable local laws. This Agreement shall be
treated as though it were executed and performed in Bangalore, India and shall
be governed by and construed in accordance with the local domestic laws of
India (without regard to conflict of law principles). All legal proceedings
arising out of or in connection with this Agreement shall be brought solely in Bangalore,
India. All disputes that may arise shall be resolved in accordance with rules
specified under the Indian Arbitration and Conciliation Act, 1996 and the venue
for arbitration shall be Bangalore. The courts in Bangalore shall have the sole
jurisdiction regarding the subject matter of this Agreement.
23. MISCELLANEOUS
(a) The language in this
Agreement shall be interpreted as to its fair meaning and not strictly for or
against either party.
(b) Should any part of this
Agreement be held invalid or unenforceable, that portion shall be construed
consistent with the applicable law and the remaining portions shall remain in
full force and effect without being impaired or invalidated in any way.
(c) To the extent that anything
in or associated with the website is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence.
(d) Failure of the Company to
enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
(e) This Agreement may only be
amended by either the same electronic means as were used to enter into this
Agreement or in a writing that specifically refers to this Agreement, executed
by both parties hereto.
DISCLAIMER
The information contained in
this website is for general information purposes only. The information is
provided by Zotick and while we endeavour to keep the information up to date
and correct, we make no representations or warranties of any kind, express or
implied, about the completeness, accuracy, reliability, suitability or
availability with respect to the website or the information, products,
services, or related graphics contained on the website for any purpose. Any
reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable
for any loss or damage including, without limitation, indirect or consequential
loss or damage, or any loss or damage whatsoever arising from loss of data or
profits arising out of, or in connection with the use of this website.
Through this website, you are
able to link to other websites which are not under the control of Zotick. We
have no control over the nature, content and availability of those sites. The
inclusion of any links does not necessarily imply a recommendation or
endorsement of the views expressed within them.
Every effort is made to keep
the website up and running smoothly. However, Zotick takes no responsibility
for, and will not be liable for, the website being temporarily unavailable due
to technical issues beyond our control.