Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
If you subscribe to or use any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use our services. You must not subscribe to or use our services, if you do not want to be bound by the Terms.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. And "we", "us" and "our" shall mean Zaasmart.com, its franchiser, affiliates and partners.
www.Zaasmart.com website ("Website") is an Internet based content and e-commerce portal operated by Zaasmart, a company incorporated under the laws of India.
Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Zaasmart.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Zaasmart.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Zaasmart.com cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Zaasmart.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as clothing, jewelry and accessories from various fashion and lifestyle brands. (Collectively, "Products"). Upon placing an order, Zaasmart.com shall ship the product to you and be entitled to its payment for the Services.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Zaasmart’s name is stated as the source and prior written permission of Zaasmart.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
violate any applicable laws or regulations for the time being in force in or outside India; and
Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Zaasmart.com, its associates and partners on any property owned by Zaasmart.com.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Zaasmart.com.
Disclaimer - Exactness Not Guaranteed:
Zaasmart.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from Zaasmart.com will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Zaasmart.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
Disclaimer - Color & Description:
The details of the products or product specifications (for instance weight, color, handwork details, size, etc.) quoted with the product displays are only approximate values.
While every endeavor has been made to accurately reproduce colors, there may be minor variations in color of the actual product because of the nature of fabric dyes, weather at the time of dyeing and differences in display output due to lighting and digital photography and color settings and capabilities of monitors.
A customer must place an order keeping in mind this minor variation in color as seen on a computer screen against the actual color of the outfit received.
ZAASMART firmly believes that all the customers who order online are aware that colors seen on a monitor will be slightly different as compared to the actual outfits or accessories ordered.
It is practically impossible for ZAASMART to replicate the same colors on an outfit as seen on your monitor. A variation in the shade selected by you is considered as a normal practice as these garments have a tendency to reflect different shades of a color under different light and weather, type of camera used for photography or type and settings on the computer monitor.
We wish to clarify and ascertain that every customer who orders any outfit from ZAASMART is aware of this genuine problem.
While ordering on internet, we suggest that customers should be extra careful of following -
1. Red, maroon and orange colors have a higher tendency to reflect a different shade than other colors. For example even if you yourself try to photograph from a digital camera or scan a red garment, in most of the cases it will show either as maroon or orange on the computer monitor and vice versa. Though imaging technology has advanced, still no fool proof solution to this problem is available at the moment.
2. Many a times green and blue shades also overlap. Same is the case with off white, white and cream colors.
3. Sea Green color sometimes looks Aqua blue and the other way around.
4. Some fabrics like raw silk, khadi silk, cotton silk, south cotton, brocade have a textured effect where we can see the weaving & threads are visible in different directions which is an inherent characteristic or feature of that fabric and proof of its authenticity. These are not defects. This raw finish is the beauty of these fabrics.
5. Handcrafted, hand dyed, hand printed, hand painted, hand embroidered, handloom, hand weaved products will always have minor differences when we compare them as they are not made by machines. Each piece will be unique. Handicraft artisans always try their best to make each piece better than the previous one. So, the product will always have minor variation keeping the same theme constant in artistic manner. The raw finish of the handicrafts cannot be compared with machine finished products as this raw finish is the beauty of the handicrafts items.
Beads and Sequences missing or Coming off
We believe that customers who are ordering items with sequence and other beaded embroidery are aware of the fact that these shiny embellishments have a tendency to come off. Even with the best of handling and care this cannot be avoided altogether. Many a times during strict physical checking at the customs during transit, more than usual sequences and beads come off. Many times it may happen that you open a box and find some pieces falling down on the floor. Or you wear the dress and in few hours you might lose some of them. Do not panic or over-react because if you look with a magnifying glass at any such dresses / sarees worn by others, you will most certainly find some pieces missing or almost at a state of falling down.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Zaasmart.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patent-able or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Zaasmart.com without obtaining authorization from Zaasmart.com.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Links to Third Party Sites:
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Zaasmart.com or the Website and Zaasmart.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Zaasmart.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Zaasmart.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zaasmart.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation of Liability:
Zaasmart.com has endeavored to ensure that all the information on the Website is correct, but Zaasmart.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Zaasmart.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Zaasmart.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Zaasmart.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Zaasmart.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless Zaasmart.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Zaasmart.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees and other currencies as well. Prices, products and Services may change at Zaasmart.com‘s discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon Zaasmart.com shipment to the shipping carrier.
Zaasmart.com will make a maximum of two attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts; Zaasmart.com reserves the right to cancel the order(s) at its discretion.
Zaasmart.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
If you or Zaasmart.com terminates your use of the Website or any Service, Zaasmart.com may delete any content or other materials relating to your use of the Service and Zaasmart.com will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Navsari.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of Number and Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "here-under" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceable shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Zaasmart.com does not review the contents in any way before they appear on the Website. Zaasmart.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.
Unauthorized Charges on your card
If you see charges on your credit/debit card for purchases made on Zaasmart.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable Zaasmart.