Effective Date : March 15, 2019
Last Revised  : March 15, 2019

PLEASE READ THIS TERMS AND CONDITIONS [“AGREEMENT”] CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN THE INDIVIDUAL OR ENTITY WHO ACCESSES OR USES WWW.ZAIRA.STORE [“USER”, “YOU”, “YOUR”] AND AUCUBA ENTERPRISE LLP, A LIMITED LIABILITY PARTNERSHIP [LLP] IN BANGALORE [“AUCUBA”, “COMPANY”, “WE”, OR “US”].

THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS OF YOUR ACCESS AND/OR USE OF WWW.ZAIRA.STORE [‘WEBSITE’], AND THE INFORMATION, FEATURES, PRODUCTS AND SERVICES ACCESSED OR PURCHASED THROUGH OR ENABLED VIA THE WEBSITE [INDIVIDUALLY AND COLLECTIVELY, THE “SERVICE[S)”]. UNLESS OTHERWISE SPECIFIED, NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO CONFER ANY THIRD-PARTY RIGHTS OR BENEFITS. WHETHER YOU ARE BROWSING THE WEBSITE OR PURCHASE SERVICES, YOUR USE OF THE WEBSITE SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, ACKNOWLEDGED AND AGREE TO BE BOUND BY THIS AGREEMENT, WHICH INCORPORATES BY REFERENCE EACH OF [I] PRIVACY POLICY AND [II] REFUND POLICY [EACH, A “REFERENCE”]. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK “AGREE” [OR SIMILAR] AND DO NOT ACCESS OR OTHERWISE USE ANY OF THE SERVICES. THIS AGREEMENT IS EFFECTIVE AS OF THE FIRST DATE YOU ACCESS THE WEBSITE [“EFFECTIVE DATE”]. IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY.

1.0 ELIGIBILITY; AUTHORITY; CHANGE.

  • Eligibility; Authority: By accessing or using the Website, registering an Account [as defined below in Section 2.1] or using the Services, You: [1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Website; and [2) represent You are of legal age in your jurisdiction of residence to form a binding contract. This Website and the Services are available only to Users who can form legally binding contracts under applicable law. If, after the Effective Date, there is reasonable doubt about the authenticity of any information document or communication, Aucuba reserves the right [but undertakes no duty] to require additional authentication from You.
  • Change: You acknowledge and agree that [i) Aucuba, in its sole and absolute discretion, may change or modify this Agreement, and any Reference, at any time, and such changes or modifications shall be effective immediately upon publishing through the Website [“CHANGE”], and [ii) Your use of the Website or the Services after the Change shall constitute Your acceptance of this Agreement, as last revised. If You do not agree to be bound by this Agreement as last revised, do not use [or continue to access and/or use] the Website. In addition, Aucuba may occasionally notify You of the Change by email or on the homepage of the Website. It is therefore very important that you keep Your email address current. Aucuba assumes no liability or responsibility for Your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. If You object to the Change, You may deactivate Your account or stop using the Website.

2.0 USE OF THE SERVICES.

Accounts

  • Registration. You can register an account with Aucuba [“Account”] as a User of the Website [‘Member’], As part of the registration process, You will be asked to select a username and password. When You register an Account, You become a Member. Becoming a Member gives You access to rental Services, promotions and additional functionalities available on the Website. You agree to provide true, accurate, current and complete information requested by the registration form [the “Registration Data”] and to promptly update the Registration Data thereafter as necessary. Members are Account holders. You agree to: [1) try to choose a strong and secure password; [2) keep your password secure and confidential; [3) monitor Your Account to restrict its use by minors and other unauthorized users; [4) not transfer any part of Your Account; and [5) not create an Account using a false identity or alias or if You have been previously banned from using the Services. You are responsible for activity that happens through Your account [whether authorized or not] unless You close Your Account or report misuse. Aucuba reserves the right to remove or reclaim any usernames at any time and for any reason. Aucuba will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss Aucuba or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person. If You have reason to believe that Your Account is no longer secure, You must promptly change Your password on Your Account and immediately notify Aucuba of the problem by contacting Aucuba’s at support@zaira.store or +91-9108775513/+91-9108775013. In addition to product purchases, Aucuba offers products on a rental basis for a limited term. Rental Services are available to Members only. If You have chosen not to register on the Website, You may access certain features and use the Services as a visitor [Member, and visitor[s) collectively referred to as, “User”].
  • Deactivation of Your Account. Aucuba may deactivate Your Account for any reason and in its sole discretion. Deactivation of Your Account or upon Your violation of the Agreement terms, or Your right to use the Website and any portions of the Website including Registration Data, will immediately cease. Deactivation of Your Account for any reason, including at Your request or as a result of Account inactivity, may result in all data and information uploaded or submitted by You or by Aucuba no longer being accessible to You, even if You decide to open a new Account. You acknowledge and agree that Aucuba has no obligation to make a copy, electronic or otherwise, of the Tracked Purchases [defined below in Section 2.3.1] available to You at any time, including, without limitation, upon deactivation of Your Account for any reason. You also understand and agree that deleted Content [defined below in Section 6.3] may persist in backup copies of Your Account, but deleted Content will not be available for Your use or review from Your Account once it has been deleted.

Tracked Purchases.

Aucuba will track all purchases that You make online while logged into the Website [“Tracked Purchases”]. As a Member, You will be able to review your Tracked Purchases. You may also be able to upload to Your Account additional information. For example, you may be able to submit and store your favourites, create wish lists, or save for later lists of products. Aucuba reserves the right to view such additional information for its business operations. You agree that Aucuba may use your name, email address, and/or telephone to access, review Your Tracked Purchases and other information associated with Your Account. For example, an Aucuba associate may view a shopping list that You have placed to enhance your shopping experience and assist You in obtaining Services appropriate for Your needs.

Communications from Aucuba.

  • By becoming Member, You agree and opt in to receive general and targeted advertising, marketing materials and other communications, including email[s) and text from Aucuba relating to Your Tracked Purchases
  • Aucuba will use Your mobile number and/or email id provided by You while placing an order with Aucuba or registration with Aucuba for communicating with You. Aucuba shall be under no obligation to confirm the authenticity of the person receiving such alert(s). You acknowledge that alerts provided by Aucuba is an additional facility provided for Your convenience and that it may be susceptible to errors and omissions.
  • Aucuba [or its service provider] may contact You by phone in order to resolve Your complaint or dispute, or Your current Service or billing issue; and [ii] in order to resolve such complaint, dispute or issue, Aucuba may use and may disclose to its service provider the following information: User name, phone number[s) and contact preferences, tenure of your relationship with Aucuba, products used, and information about the nature of your complaint, dispute, or service issue.
  • You further acknowledge that promptness of communication depends on several factors including infrastructure, connectivity and uptime of the relevant service provider(s). Aucuba shall not liable to You or any third party for non-delivery of communications

Restrictions on Use of Services.

Except as expressly stated herein, the rights granted to You in this Agreement are subject to the following restrictions:

  • You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services;
  • No part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
  • You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
  • You shall not use any manual or automated software, devices or other processes [including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services;
  • You shall not frame or use framing techniques to enclose any trademark, logo or Services [including images, text, page layout or form] of Aucuba without our prior written permission;
  • ou shall not access the Services to build a similar Website or Service;
  • You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services;
  • You shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement;
  • You shall not use the Website or the Services in manner which Is illegal, or promotes or encourages illegal activity;
  • Submits data or information to or otherwise transmit materials through the Website that Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another person or entity;
  • Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects
  • You will not collect or harvest [or permit anyone else to collect or harvest) any information or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent

Discounts, and Coupon Codes.

We may, in our sole discretion, create discounts and coupon codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis [“Promo Codes”]. Promo Codes may only be used once per person or entity. Only Promo Codes sent to You through official Aucuba communication channels are valid. You agree that Promo Codes: [i] must be used for the intended audience and purpose, and in a lawful manner; [ii] may not be duplicated, sold, or transferred in any manner, or made available to the general public [whether posted to a public forum or otherwise], unless expressly permitted by us; [iii] may be disabled by us at any time for any reason without liability to us; [iv] may only be used pursuant to the specific terms that we establish for such Promo Code; [v) are not redeemable for cash; and [vi] may expire prior to Your use. All promotional offers, including premium offers, may be discontinued at any time, without prior notice, at our discretion and are only available while supplies last or for the duration noted.

3.0 ORDER PROCESS.

3.1 Placing Your Orders on the Website.

  • If You wish to purchase Services described on the Website, You will be asked to supply certain information applicable to Your purchase, including, without limitation, credit card and other information. All billing and registration information provided by You must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Agreement. By confirming Your purchase at the end of the checkout process, You agree to accept and pay for the Services that You have requested. Aucuba reserves the right to limit the quantity of items purchased per person, per account, per household and per order as determined in its sole discretion. These restrictions may be applied to the same Account, same credit card and/or the same billing and/or shipping address. You agree to pay all charges incurred by You and any Users of Your Account and Your credit card [or other applicable payment mechanism] at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to Your purchases.

  • Your Account may provide You a location to store Your information and allow You to make a future purchase without re-entering information.

  • To protect the intellectual property rights of Aucuba and its licensors and suppliers, any resale of products for personal and/or business profit is strictly prohibited. Aucuba reserves the right to decline any order that we deem to possess characteristics of reselling.

3.2 Order Acceptance.

  • Each part of any order that You submit to Aucuba constitutes an offer to purchase. If You do not receive a message from Aucuba confirming receipt of Your order, please contact our customer service at support@zaira.store before re-entering Your order. Aucuba’s confirmation of receipt of Your order does not constitute Aucuba’s acceptance of Your order. Aucuba is only deemed to have accepted Your order once [i] the product[s) have been shipped [if the product is a one-time order]; or [ii] ]the initial product(s) for a rental have been delivered [if the product is subject to a rental for the delivery of periodicals or other tangible goods].
  • Order Issues. Although we strive to accept all valid orders, Aucuba reserves the right to deny any order for any reason, including if: [i] we discover an error in pricing and/or other information about the product or receive insufficient or erroneous billing, payment, and/or shipping information; [ii] we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or [iii] the ordered product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute

Order Cancellation.

  • If any product is discontinued or otherwise becomes unavailable, Aucuba reserves the right to [i] cancel Your order and provide You a refund for the amount paid for the product [if the product is a one-time order]; [ii) substitute the product with a similar product [if the product is subject to a rental] or [iii] issue You a pro rata refund.
  • We reserve the right, at our absolute discretion, to cancel your order if it becomes apparent to us that the postal or courier service in your area is too unreliable.
  • One-off orders can be cancelled at any point before the delivery has left the Aucuba premises and a full refund will be issued. A Member can cancel the order via the “My Account” area of the Website and a visitor can cancel the order via email. You can also cancel by contacting us at support@zaira.store.

3.3 Order Delivery.

  • Aucuba delivers orders through one or more transport partners. Our standard timeline of delivery is 12-14 days. Please note that on occasion, such as during holiday rush and large sales events, there may be a slight delay in processing time. Aucuba makes every effort to process Your order as quickly as it can.
  • The shipping charges on Your invoice covers shipment of the products to Your shipping address.
  • The risk of loss and title for such titles pass to You upon Aucuba’s delivery of the items or products to its transport partner(s). It is Your responsibility to provide Aucuba’s designated delivery personnel access to Your premises for the delivery of Your order.
  • When You receive the order, You will, on the delivery receipt: [i] count all items; [ii] note any damages on the delivery; [iii] sign the delivery receipt [if requested]; and [iv] notify Aucuba immediately to report damaged shipment. Aucuba shall not be responsible for delays in delivery.
  • Aucuba shall have no liability for any defect unless notice is given promptly, not to exceed one [1] day from the date of delivery of Your order.
  • Aucuba only delivers within India.
  • If you change address, you must update your address details on the “My Account” section of the website to ensure that no deliveries are sent out to the wrong address. Please ensure this is done at the time of placing the order.

3.4 Returns.

No shipment may be returned without Aucuba’s prior written authorization. All returns must be in accordance with Aucuba’s shipping instructions with shipping charged paid by You. All requests for return of merchandise must be made to Aucuba at support@zaira.store. You may be asked to provide an email stating the reason for the return. The order number or invoice number must accompany the return in order to expedite the refund. No order will be accepted without prior notification to Aucuba at support@zaira.store

4.0 FEES AND PAYMENT.

  • Payment.You agree to pay all fees to Your Account in accordance with the fees, and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide Aucuba with valid payment information in connection with Your orders. By providing Aucuba with your payment information, You agree that [i) Aucuba is authorized to immediately invoice Your Account for all fees and charges due and payable to Aucuba hereunder, You agree to immediately notify Aucuba of any change in Your payment information. Aucuba reserves the right at any time to change its prices and billing methods. If payment cannot be charged to Your payment card or Your payment is returned for any reason, Aucuba reserves the right to either suspend or terminate Your access to the upaid-for Services. Aucuba reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Website and effective immediately without need for further notice to You. If You have purchased or obtained Services for a period of months, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. If You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. In addition, regardless of the selected currency, You acknowledge and agree that You may be charged localized fees and/or taxes, based on Your bank and/or the country indicated in Your billing address section.
  • Payment Methods:You may pay for Services by utilizing any of the following “Payment Methods”: [i] by providing a valid credit card; [ii] a valid debit card; or [iii] wallets. In addition, You acknowledge and agree that the location for the processing of Your payments may change based on the type of Payment Method chosen, any changes or updates made to your Payment Method, or based on the currency selected for the Payment Method. If for any reason Aucuba is unable to charge Your Payment Method for the full amount owed for the Services provided, or if Aucuba receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Aucuba may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to You, of any Services.

5.0 REFUNDS.

  • Except as set forth in Section 2.3 or in any separate refund policy posted on the Services, all fees are non-refundable. You acknowledge and agree that where refunds are issued to your Payment Method, Aucuba’s issuance of a refund receipt is only confirmation that Aucuba has submitted your refund to the Payment Method charged at the time of the original sale, and that Aucuba has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five [5) business days, or longer.

  • We are unable to provide refunds for any deliveries sent to the wrong location where we have not received advance notice in accordance with this paragraph

6.0 RIGHTS AND LIMITS.

  • Information Posted on the Website. Aucuba endeavors to display and describe its Services accurately on the Website. Aucuba is also improving its products and services and may update the information and materials [‘Materials’] displayed on the Website at any time and without notice. Aucuba cannot and does not guarantee the accuracy or completeness of the Materials displayed on the Website, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors.
  • Aucuba’s Intellectual Property. Using the Services does not give you any ownership in our Services or the Content. Aucuba grants You permission to view and use the Materials, Content and Website in connection with the Services only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the Content or Service is strictly prohibited. Aucuba and its licensors expressly reserve all rights and title [including intellectual property rights] in all Materials, Content, Services, and the underlying technology of the Website. The Website may contain additional proprietary notices and copyright information, the terms of which must be observe. The names, trade names, logos, service marks, and trademarks [collectively, “Trademarks”] on the Website are registered and unregistered trademarks of Aucuba and third parties. Use of the Website in no way grants any license or right to use any Trademark displayed on the Website. Use of third party Trademarks does not imply any affiliation with or an endorsement by any third party.
  • Your License to Aucuba: As part of Your use of the Website, You may be able to provide comments, feedback, reviews and send messages to Aucuba’s post media, [collectively, “Content”] to the Website. You agree that reviews may be viewed by the general public and You do not and shall not consider such Content to be involuntary, private, proprietary or confidential. You grant Aucuba and its licensees, without any compensation of any kind to You or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any Content in any format or media [“Content License”]. You agree that any Content You submit may appear on sites other than the Website. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by You to the Website. You agree that Aucuba may use submitted Content in any manner that Aucuba’s deems appropriate or necessary in its sole discretion. You acknowledge and agree that we may use your feedback for any purpose, including improvement of our Services.
  • Ratings and Reviews: Ratings and reviews posted by Users on our Services are User Content that is not endorsed by Aucuba and does not represent the views of Aucuba. Aucuba does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, You agree: [i] to base any rating or review You post only on Your first-hand experience with the Service; [ii] You will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and [iii] Your review will comply with the terms of this Agreement.
  • Monitoring of Content; Account Termination Policy However, Aucuba reserves the right [but undertakes no duty] to pre-screen User Content to determine whether any item of User Content is appropriate and/or complies with this Agreement. However, if Aucuba determines, in its sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, Aucuba may exclude such User Content without notice and/or terminate a User’s access to this Website or the Services found at this Website for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement at any time and without prior notice. You also understand and agree that deleted Content may persist in backup copies of Your Account, but deleted Content will not be available for Your use or review from Your Account once it has been deleted.

7.0 LINKS TO OTHER SITES.

The Services may contain links to third-party services such as third party websites, applications, or ads [“Third-Party Links”]. When You click on such a link, we may not warn You that You have justify the Services. Aucuba does not control and is not responsible for Third-Party Links. Aucuba provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at Your own risk.

8.0 AVAILABILITY OF WEBSITE; SERVICE AVAILABILITY.

You acknowledge and agree that from time to time the Website may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Website or the Service on a continuous or uninterrupted basis, and that we assume no liability to You or any other party with regard thereto.

9.0 DISCONTINUED SERVICES; END OF LIFE POLICY.

Aucuba reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Aucuba makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life [“EOL”]. If that is the case, that Service will no longer be supported by Aucuba, in any way, effective on the EOL date.

10.0 LINKING TO ZAIRA.STORE

Permission is not required to create a direct link to www,zaira.store but clear attribution is required

11.0 MISCELLANOUS/GENERAL PROVISIONS.

  • Force Majeure. Aucuba shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
  • Notice. Where Aucuba requires that You provide an e-mail address, You are responsible for providing Aucuba with Your most current e-mail address. In the event that the last e-mail address you provided to Aucuba is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by this Agreement, Aucuba’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Aucuba at support@zaira.store.
  • Reservation of Rights. Any rights not expressly granted to you herein are reserved by Aucuba.
  • You agree that no joint venture, partnership, employment or agency relationship exists between You and service providers or suppliers or You and Aucuba as a result of this Agreement or Your use of the Website.
  • Titles and Headings; Independent Covenants; Severability: The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the Agreement of the Parties as otherwise set forth herein. If a court of competent jurisdiction holds any provision [or portion of a provision] of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions [or portions of provisions] of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
  • Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  • Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors and assigns. You agree that Aucuba may assign all or part of this Agreement without such assignment being considered a change to the Agreement and without providing notice to You. You agree that Aucuba will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor. This Agreement, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without Aucuba prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  • Entire Agreement. This Agreement is the final, complete and exclusive Agreement between the Parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the Parties with respect to such subject matter.

12.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

  • To the fullest extent permissible by applicable law, aucuba [and those that aucuba works with to provide the services] [a) disclaim all implied warranties and representations including warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement; [b) do not guarantee that the services will be secure or function without interruption or errors, and [c) provide the service [including content and information] on an “as is” and “as available” basis.
  • In addition, you specifically acknowledge and agree that no oral or written information or advice provided by aucuba, its designated partners, employees, or agents [including without limitation its customer service representatives], and third party service providers will [I] constitute legal or financial advice or [ii] create a warranty of any kind with respect to this website or the services found at this website, and users should not rely on any such information or advice.
  • Aucuba parties assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, user communications or personalization settings.

13.0 INDEMNITY.

You agree to defend, indemnify and hold aucuba, its designated partners, employees, agents, and third party service providers [collectively, the “Aucuba parties”] harmless) from and against any and all claims, allegations, demands, costs, expenses, losses, liabilities and damages of every kind and nature [including, without limitation, reasonable attorneys’ fees] imposed upon or incurred by aucuba directly or indirectly arising from [I] your use of and access to this website or the services found at this website; [ii) your violation of any provision of this agreement or the policies which are incorporated herein; and/or [iii] your violation of any third-party right, including without limitation any intellectual property or other proprietary right. Aucuba reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with aucuba in asserting any available defenses. The indemnification obligations under this section shall survive any termination or expiration of this agreement or your use of this website or the services found at this website.

14.0 LIMITATION OF LIABILITY

  • To the fullest extent permissible by the applicable law, aucuba, its designated partners and employees shall not be liable to you or any third party for any indirect, incidental, special, consequential or punitive damages whatsoever, including that may result from any inaccuracy, incompleteness of information, loss of data, content of any third-party links, reputation, profits or revenues, third party conduct of any nature, unauthorized access to the website, related to the services [example offensive or defamatory statements, down time or loss, use of, or changes to, your content or material].
  • You expressly acknowledge and agree that aucuba shall have no liability or responsibility whatsoever for: [1] any unauthorized access to or use of servers on which the website is hosted and/or on which any of your personal information and /or financial information stored therein; [2] any interruption or cessation of transmission to or from the website; and/or [3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the website by a third party. Aucuba does not warrant, endorse, guarantee or assume responsibility for any third-party links.
  • In no event shall the liability of aucuba, its designated partners, or employees exceed, in the aggregate for all claims, an amount equal to inr 10,000.
  • This limitation of liability is part of the basis of the bargain between you and aucuba and shall apply to all claims of liability [example warranty, tort, negligence] and even if aucuba has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

15.0 GOVERNING LAW.

This agreement and any action related thereto will be governed and interpreted in accordance with the laws of india. All disputes arising from this agreement shall be subject to the exclusive jurisdiction of bengaluru. The united nations convention on contracts for the international sale of goods does not apply to this agreement.

16.0 CONTACT INFORMATION.

If You have any questions, complaints or claims with respect to the Services, please contact our customer service using the contact information available on the Services. We will do our best to address your concerns.
If you have any questions about this Agreement, please contact us by email at support@zaira.store.

17.0 RECENT CHANGES.

None
Last Revised: March 15, 2019