Use of Website
Subject to the Terms, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of shopping for apparel sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of the Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Information and Product Description
Content provided on this Website is solely for informational purposes. Submissions or opinions expressed on this Website are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on this Website are that of the vendor and are not made by us. We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the content made available through the Website. You understand that none of the content available through the Website constitutes a recommendation or solicitation to take or not take any particular action.
Reviews and Comments
The Website may permit you to post reviews, comments, and other content; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content.
Except as otherwise provided elsewhere in Terms or on the Website, anything that you submit or post to the Website and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Trademarks and Copyrights
“IndusDiva.com”, “Zing Ecommerce” and other marks (including graphics, logos, page headers, button icons, scripts, and service names) indicated on our Website are trademarks of Zing Ecommerce. The trademarks may not be used in connection with any product or service that does not belong to Zing Ecommerce, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zing Ecommerce or the Website. All other trademarks not owned by us that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
This Website is controlled and operated by Zing Ecommerce. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the Website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Other Businesses and Links
Parties other than Zing Ecommerce and its subsidiaries may operate stores, provide services, or sell product lines on this Website. In addition, IndusDiva.com may provide a link to other services or sites as part of the Website. Such sites are not under the control of Zing Ecommerce, and we make no representations or warranties whatsoever of the offerings of, any of these websites, businesses or individuals or the content of their websites. Unless we expressly state otherwise, the fact that we have provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page or any other page of IndusDiva.com so long as the link does not portray IndusDiva.com or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the IndusDiva.com logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to IndusDiva.com in any way that suggests that we have any relationship or affiliation with your site or endorse, sponsor or recommend the information, products or services on your site.
Disclaimer of Warranties/ Limitation of Liability
The Website, all the materials and services, included on or otherwise made available to you through the Website is provided by Zing Ecommerce on an “as is” and “as available” basis without any representations or warranties, express or implied except otherwise specified in writing. In no event shall Zing Ecommerce 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 we 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.
Risk of Loss
The risk of loss and title for items purchased by you pass to you upon our delivery to the shipping carrier.
You agree to indemnify and hold Zing Ecommerce and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless 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 us and/or the Website, made by any third party arising out of your violation of these Terms.
i. Zing Ecommerce reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without any prior notice.
ii. The Terms will survive indefinitely unless and until Zing Ecommerce chooses to terminate them.
iii. Your violation of these Terms will also lead to the termination of this agreement.
iv. Upon any termination of this agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part.
The Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Bangalore.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, in whole or in part, that condition shall be deemed several and shall not affect the validity and enforceability of the remaining part of such provision and all other provisions.