Terms of Services
Ziva Organiko is a registered Trademark
of Ziva Organiko This website is operated by Ziva Organiko Throughout the site,
the terms “we”, “us”, “our”, and “ZIVA” refer to Ziva Organiko. Ziva Organiko
offers this website, including all information, tools, and services available
from this site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies, and notices stated here.
By visiting our site and/ or purchasing
something from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Please read these Terms of Service
carefully before accessing or using our website. By accessing or using any part
of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not
access the website or use any services. If these Terms of Service are considered
an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are
added to the current store shall also be subject to the Terms of Service. You
can review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service,
you represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products for any
illegal or unauthorized purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or
viruses or any code of a destructive nature.
A breach or violation of any of the
Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service
to anyone for any reason at any time.
You understand that your content (not
including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to conform and adapt
to the technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy,
sell, resell, or exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through which the service
is provided, without express wrote permission by us.
The headings used in this agreement are
included for convenience only and will not limit or otherwise affect these
Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the
information made available on this site is not accurate, complete, or current.
The material on this site is provided for general information only and should
not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete, or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical
information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents
of this site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to
change without notice.
We reserve the right at any time to
modify or discontinue the Service (or any part or content thereof) without
notice at any time.
We shall not be liable to you or to any
third party for any modification, price change, suspension, or discontinuance
of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be
available exclusively online through the website. These products or services
may have limited quantities and are subject to return or exchange only according
to our Return Policy.
We have made every effort to display as
accurately as possible the colors and images of our products that appear at the
store. We cannot guarantee that your computer monitor’s display of any color
will be accurate.
We reserve the right but are not
obligated, to limit the sales of our products or Services to any person,
geographic region, or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at our sole
discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of
any products, services, information, or other material purchased or obtained by
you will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order
you place with us. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same credit
card, and/or orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to notify you
by contacting the e-mail and/or billing address/phone number provided at the
time the order was made. We reserve the right to limit or prohibit orders that,
in our sole judgment, appear to be placed by dealers, resellers, or
distributors.
You agree to provide current, complete,
and accurate purchase and account information for all purchases made at our
store. You agree to promptly update your account and other information,
including your email address, credit card numbers, and expiration dates, so
that we can complete your transactions and contact you as needed.
For more detail, please review our
Refund and Cancellation Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to
third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide
access to such tools” as is” and “as available” without any warranties,
representations, or conditions of any kind and without any endorsement. We
shall have no liability whatsoever arising from or relating to your use of
optional third-party tools.
Any use by you of optional tools offered
through the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the future, offer new
services and/or features through the website (including, the release of new
tools and resources). Such new features and/or services shall also be subject
to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services
available via our Service may include materials from third parties.
Third-party links on this site may
direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of
third parties.
We are not liable for any harm or
damages related to the purchase or use of goods, services, resources, content,
or any other transactions made in connection with any third-party websites.
Please review the third-party’s policies and practices carefully and ensure you
understand them before engaging in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the
third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain
specific submissions (for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively,
‘comments’), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene,
or otherwise objectionable or violates any party’s intellectual property or
these Terms of Service.
You agree that your comments will not
violate any right of any third party, including copyright, trademark, privacy,
personality, or other personal or proprietary rights. You further agree that
your comments will not contain libelous or otherwise unlawful, abusive, or
obscene material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information
through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on
our site or in the Service that contains typographical errors, inaccuracies, or
omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times, and availability. We reserve the right
to correct any errors, inaccuracies, or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update,
amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website
should be taken to indicate that all information in the Service or on any
related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set
forth in the Terms of Service, you are prohibited from using the site or its
content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or
warrant that your use of our service will be uninterrupted, timely, secure, or
error-free.
We do not warrant that the results that
may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may
remove the service for indefinite periods of time or cancel the service at any
time, without notice to you.
You expressly agree that your use of, or
inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as
expressly stated by us) provided ‘as is’ and ‘as available’ for your use,
without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Ziva Organiko, our
directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers, or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold
harmless Ziva Organiko and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns, and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third party due to or
arising out of your breach of these Terms of Service or the documents they
incorporate by reference or your violation of any law or the rights of a third
party.
SECTION 15 - SEVERABILITY
In the event that any provision of these
Terms of Service is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the
parties incurred prior to the termination date shall survive the termination of
this agreement for all purposes.
These Terms of Service are effective
unless and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment, you fail, or we
suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to our Services (or
any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce
any right or provision of these Terms of Service shall not constitute a waiver
of such right or provision.
These Terms of Service and any policies
or operating rules posted by us on this site or in respect to The Service
constitute the entire agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous agreements,
communications, and proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of
these Terms of Service shall not be construed against the drafting party.
SECTION 18 - Governing Law and Jurisdiction
These Terms are governed by and
construed in accordance with the laws of Jurisdiction, Ahmedabad, India. Any
disputes arising under or in connection with these Terms shall be subject to
the exclusive jurisdiction of the courts in Jurisdiction of Ahmedabad.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version
of the Terms of Service at any time on this page. We reserve the right, at our
sole discretion, to update, change or replace any part of these Terms of
Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service
should be sent to us at info@zivaorganiko.com.
SECTION 21 - PRIVACY POLICY
Your use of the Website is also governed
by our Privacy Policy, which can be found here. By using the Website, you
consent to the collection, use, and sharing of information as described in our
Privacy Policy