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WHEREAS Party No1 is the absolute owner and operator of the domain www.zhep.org ("Website"). It is in the business of managing and providing an internet portal to the Users (both the buyers and sellers) for purchase and sell the goods and articles through this online portal ( e-commerce ).

This SHOPPERS Agreement ("Agreement") sets out the terms and conditions on which Zhep International will work with the Shoppers for marketing the online products with various category getting themselves registered with “ ZI “ at www. zhep.org ("Websiite") for e-commerce.

 

Please take a few minutes to read through and familiarize yourself with our Terms and Conditions.

 

USER AGREEMENT

 

This Users Agreement shall come into effect on this 1st day of April 2014 ("User Agreement").

 

ACCEPTANCE OF TERMS

  1. The term 'User' may refer to Seller and Users may refer to ‘Seller’ and 'Buyer' as and where applicable.
  2. The www.zealagri.in ("Website") is a domain owned and operated by ZI online ZHEP INTERNATIONAL PVT LTD ("ZI"), a company incorporated under the laws of India, with its registered office at Ap-Inamgaon, Tq-Shirur, Dist.-Pune 412210 (India).
  3. This User Agreement ("Agreement") sets out the terms and conditions on which ZI shall provide the Services to the Users through the Website. The Users shall be deemed to have read, understood and accepted this Agreement, which may be updated or modified by ZI from time to time.
  4. The use of the Website is offered to the Users conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and as may be posted on the Website from time to time. This Agreement shall be effective and binding upon Users’ 'acceptance'. 'Acceptance' shall mean Users’ affirmative action in clicking on "I have read the Terms and Conditions and I accept them" box and on the Submit button as provided on the registration page. For removal of doubts, it is clarified that use of the Website by the Users constitutes an acknowledgement and acceptance by the Users of this Agreement. If the Users do not agree with any part of such terms, conditions and notices, the Users must not use the Website.
  5. ZI at its sole discretion reserves the right not to facilitate acceptance of any request by the users for listing, display or offering any products and services through the website without assigning any reason thereof. Any contract to provide any service by ZI is not complete until the entire consideration towards the service is received by ZI.

MODIFICATION OF TERMS

 

ZI reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The Users shall be responsible for regularly reviewing these terms and conditions.

 

PRIVACY POLICY

 

The Users hereby consent, express and agree that he/she have read and fully understood the Privacy Policy of ZI in respect of the Website, as set out in Privacy Policy. The Users further consent that the terms and contents of such Privacy Policy are acceptable to him/her.

 

LIMITED USE/PROHIBITION AGAINST UNLAWFUL USE

 

  1. The Users agree and undertake not to buy, trade, resell or exploit for any commercial or noncommercial purposes, any part of Service.
  2. As condition of the use of the Website, the Users warrant that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Terms Of Services including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden, or impair the Website or interfere with any other party's use and/or enjoyment of the Website or cause any damage or hamper with the business of ZI. The Users shall refrain from obtaining or attempting to obtain any material or information through any means not intentionally made available or provided for or through the Website.
  3. "Users Information" is defined as any information provided to ZI in the registration, buying process, in the feedback area or through any e-mail feature. The Users are solely responsible for User Information, and ZI acts only as a passive conduit for Users’ online distribution and publication of Users Information. ZI is in no way responsible for correctness or security of any Users information.
  4. The Users further agree and undertake not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted, provided that ZI's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, any copyright violation and unwarranted modification of data and information within the content of the Website is not permitted.
  5. No Advertising
    Any type or format of texts and graphics published by a User on the Website (offers, evaluations, entries as part of the “Questions and Answers function”, etc.) or communicated in any other way through the Website shall not contain any form of advertising for products which the User is not currently, or in the immediate future, selling on the Website
  6. No contractual conclusion outside of the Website.
    Any type or format of texts and graphics published by a User on the Website must not target contract conclusions outside of the Website, or directly or indirectly request the same.

 

DICLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

 

  1. All commercial/contractual terms are offered by and agreed to between the User and the Buyer alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to products. ZI does not have any control, or determines, or advises or in any way involves itself in the offering or acceptance of such commercial/contractual terms between the Buyer and the User. ZI shall not and is not required to mediate or resolve any dispute or disagreement between the User and the Buyer/.
  2. ZI is a facilitator for the services at the website and acts only as an online platform. All the services offered to, through or via the website are provided on "as is" basis  without any representation or warranty of any kind from ZI, either express or implied, including without limitation any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, quality, performance for any particular purpose or completeness.
  3. ZI’s liability in any circumstance is limited only to the amount of fees, if any, paid by the User to ZI. ZI its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, ZI assumes no liability whatsoever for any monetary or other damage suffered by User on account of:
    1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website 
    2. Any interruption or errors in the operation of the Website. 
    Users expressly understand and agree that ZI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ZI has been advised of the possibility of such damages).
    ZI shall not at any point of time during any transaction between the Buyer/ and the User on website come into or take possession of any of the products or services offered on the Website nor shall it at any point gain title to or have any rights or claims over the products or services offered by the User to the Buyer.
  4. At no time shall any right, title or interest over the products vest with ZI nor shall ZI have any obligations or liabilities in respect of such contract. ZI is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. All products are offered by User are only for a restricted time and only for the available supply as offered by User..
  5. ZI is not liable for temporary unavailability of the Website, the failure of individual or all website functions, or incorrect functioning of the Website. ZI is particularly not liable for technical problems which cause offers or bids to be accepted or processed late or incorrectly, or not at all. ZI particularly does not guarantee that the system time clock will match an officially set time.

    At any point of time ZI’s Website may be temporarily unavailable, or only available to a limited extent, as a result of maintenance work or other reasons, without the Users being able to derive any claims against ZI for this.

 

LINKS TO THIRD PARTY SITES

 

  1. Users understand and agree that ZI and the Website merely provide hosting services to its Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Users and are third party user generated contents. ZI neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects or modifies the information contained in the transmission. ZI has no control over the third party user generated contents
    The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ZI or the Website and ZI 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. ZI is not responsible for any form of transmission, whatsoever, received by the Users from any Linked Site. ZI is providing these links to the Users only as convenience, and the inclusion of any link does not imply endorsement by ZI or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
  2. ZI is not responsible for any errors, omissions or representations on any Linked Site. ZI does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

 

USE OF COMMUNICATION SERVICES

 

  1. The Website may contain services such as email, chat, bulletin board services, information related to various news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The Users agree and undertake to use the Communication Services only to post, send / receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the Users agree and undertake that when using a Communication Service, the Users will not: 

(a)

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

(b)

publish, post, upload, distribute or disseminate any inappropriate, pornographic, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(c)

upload files that contain software or other material protected by intellectual property laws unless the Users own or control the rights thereto or have received all necessary consents;

d)

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;

(e)

advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

(f)

conduct or forward surveys, contests, pyramid schemes or chain letters;

(g)

download any file posted by another user of a Communication Service that the Users know, or reasonably should know, cannot be legally distributed in such manner;

(h)

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;

(i)

violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;

(j)

violate any applicable laws or regulations for the time being in force in or outside India; and

(k)

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.

 

 

  1. ZI has no obligation to monitor the Communication Services. However, ZI reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. ZI reserves the right to terminate the Users’ access to any or all of the Communication Services at any time without notice for any reason whatsoever.
  2. ZI reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ZI's sole discretion.
  3. ZI does not control or endorse the content, messages or information found in any communication service and, therefore, ZI specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the Users’ participation in any communication service.
  4. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Users are responsible for keeping themselves updated of and adhering to such limitations if they download the materials.

 

TERMINATION OF AGREEMENT AND SERVICES/ACCESS RESTRICTION

 

  1. ZI reserves the right, in its sole discretion, to terminate access to the website and the related services or any portion thereof at any time, without any prior notice.
  2. The Users agree that ZI may under certain circumstances and without prior notice, immediately terminate the Users’ user id and access to the Website/Services. 
    Causes for termination may include, but shall not be limited to, breach by the Users of this Agreement or the Privacy Policy, Buying and selling forbidden products, requests by enforcement or government agencies, requests by the Users, non-payment of fees owed by the User in connection with the Services as specified.
  3. This Agreement may be terminated by the User only through a written notice to ZI or by sending an email to ZI on support@zealagri.in as long as all the requirements below are met:
    1.  The User's account status has been settled, i.e. there is no balance in favor of ZI.
    2. The User is not currently selling any products on the Website.

Should the User object to any terms and conditions of this Agreement, or become dissatisfied with the Service in any way, the User's only recourse is to immediately:

(a) discontinue use of the Website/Service; 

(b) notify ZI of such discontinuance.

  1. Upon termination of the Service, User's right to use the Website/Services shall immediately cease. The User shall have no right and ZI shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later and the User shall have no right over the same.

 

USER'S OBLIGATIONS AND USER'S ACCOUNT

 

  1. In consideration of use of the Website, the Users represent and confirm that the Users are of legal age to enter into a binding contract under Indian Contracts Act, 1872 and are not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If the User is registering as a business entity, Users should represent that he/she is duly authorized by the business entity to accept this Agreement and shall have the authority to bind that business entity to this Agreement.
  2. To avail a Service the Users have and must continue to maintain at her/his sole cost: (a) all the necessary equipment including a computer and modem etc. to access the Website/avail Services; 
    (b) own access to the World Wide Web. 
    The Users shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider's charges which are to be exclusively borne by the Users.
  3. The Users also understands that the Services may include certain communications from ZI as service announcements and administrative messages.
  4. Registration of the Users on the Website is optional. Only limited access to the Website is available to non-registered Users. Non-registered Users may not be permitted to avail the Services on the Website. In order to obtain increased access to the Website and to avail the Services the Users are required to register on the Website as a registered User. If the Users opt to register himself/herself on the Website, upon completion of the registration process, the Users shall receive a user id and password. The Users agree and undertake at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the Users agree not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party.
  5. The Users also agree and undertake to immediately notify ZI of any unauthorized use of the user id or user's password or and to ensure that the user logs off at the end of each session at the website. ZI shall not be responsible for any, direct or indirect loss or damage arising out of the Users’ failure to comply with this requirement.
  6. The Users also agree to: (a) provide true, accurate and complete information about himself/herself and his/her beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or ZI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZI has the right to suspend or terminate the Users’ registration and refuse any and all current or future use of the Website and/or any Service.
  7. Furthermore, the Users grant ZI the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
  8. Users agree to comply with all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding his/her use of ZI service and his/her bidding on, listing, purchase, solicitation of offers to purchase, and sale of products or services. Users agree to not engage in any transaction of product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

 

CONTRACTUAL EXECUTION BETWEEN USER AND BUYER

 

a)

General
Both User and Buyer agree and are obliged to comply with the contractual terms entered into between them, in its entirety and within the timelines given on the site. No User right of withdrawal exists and once a product have been uploaded on the site by the User he is bound by the terms of the site and cannot withdraw his offer to sell. Contractual execution is the User’s   and Buyer’s   business; fulfillment (execution) of the deal is governed by their respective contractual conditions. This particularly also applies for the due date of individual contractual services (i.e. from the time which the actual service can be demanded and also legally enforced). If the offer contains no regulations regarding the same,  and the parties have also not agreed on anything between them, the following points  shall  apply:

b)

Communication
Each party must provide the other, within 14 calendar days of contract conclusion, with complete information which the other party requires to be able to fulfill the contract.

c)

Due date
The contract service owed must be completed appropriately and in full within 14 days of contract conclusion. If under any circumstances, a Buyer is obliged to make any payment in advance then he/she must do so within 14 calendar days of contract conclusion. If the Buyer is unable to make payment for the product purchased within 14 days from the contract conclusion, then  the User  through ZI shall not be held liable for delivery of the product The Buyer shall be responsible towards paying the shipping costs, where applicable, in the final cost payable. The Buyer agrees that the shipping time may vary depending on many factors such as location, accessibility, means etc. and that no party has any bargaining power over the same.

d)

Withdrawal
If a User does not render their due service despite being requested to do so, the Buyer is entitled to withdraw from the contract and reclaim any services already rendered from their end. This does not apply if an act done by the Buyers themselves led to the failure in rendering of the service by the User.

 

PAYMENT TERMS FOR THE USER

 

a)

ZI will transfer payment to the User only after they have received a confirmation for receipt of product from the Buyer. However ZI will not be liable for any claims or any other action whatsoever either from the User or Buyer or any third party arising out such transfer.
In case of consumer goods, User on the Website may or may not specify the retail prices of the items being sold. Buyer is advised to independently verify the retail prices of such items if he/she so desires and  ZI shall not in any way be responsible for the MRP stated on the Website and any fluctuations in this MRP for any reasons whatsoever.

b)

ZI will be entitled to deduct such amount of fees as applicable, from the User, and then transfer payment to the User.

c)

In case the Buyer reports any defect, deficiency in the product, the User will have the duty to replace or repair such defect or deficiency, failing which the User shall make full refund of the purchase amount to the Buyer. ZI will be entitled to deduct the refund amount from the User in case the User fails to make refund of that particular amount due to the Buyer.

d)

In the event that the Buyer makes payment of the Product he/she intends to purchase but the User r fails to deliver the said Product to the Buyer, for any reason whatsoever, then ZI will be entitled to deduct 10% from the User’s trading account on the Website.

 

BREACH

 

Without prejudice to the other remedies available to ZI under this agreement or under applicable law, ZI may limit the Users activity, or end the Users listing, warn other Users of the Users actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

a)

the Users are in breach of this agreement, the privacy policy and/or the documents it incorporates by reference;

b)

ZI is unable to verify or authenticate any information provided by the Users; or

c)

ZI believes that the Users actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Users, other users of the website and/or ZI.

  1. ZI may at any time in its sole discretion reinstate suspended Users. Once the User have been indefinitely suspended the Users may not register or attempt to register with ZI or use the website in any manner whatsoever until such time that the Users are reinstated by ZI. Not with standing the foregoing, if the Users breach this agreement, the terms of service or the documents it incorporates by reference, ZI reserves the right to recover any losses, damages, claims suffered or incurred by ZI and any amounts due and owing by the Users to ZI and to take legal action as ZI deems necessary.

 

PROPRIETARY RIGHTS

 

  1. ZI may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by ZI and shall not copy, transmit or create derivative works of such material without express authorization from ZI.
  2. The User acknowledges and agrees that they shall not upload post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

 

RELATIONSHIP

 

None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the Users contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the Users and ZI and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the Users authorize ZI and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the Users shall be deemed to have appointed ZI and its agents as their agent for this purpose. Further it is clarified that the use of or access to the Website or any facilities are not intended to create an agency, partnership, joint-venture or employer-employee or vendor-vendee relationship between the User, ZI and/or the Website.

 

HEADINGS

 

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 this Agreement, the Terms Of Service or the right to use the Website by the Users 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 and conditions 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", "hereunder" and words of similar import refer to this Agreement as a whole.

 

INDEMNIFICATION

 

The Users agree to indemnify, defend and hold harmless ZI and the website, ZI's parent, subsidiaries, affiliates, third parties and their respective officers, directors, agents and employees 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 ZI and/or the website 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

SEVERABILITY

 

If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

to be performed by the Users pursuant to this agreement and/or the Terms of Service..

 

NOTICES

 

  1. All notices and communications (including those related to changes in the Terms of Service , Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: 

a)

If to Zhep international, at post-Inamgaon,Tq-shirur,Dist-Pune,Maharashtra 412210(India) at the address posted on the Website.

b)

If to non-registered Users, at the communication and/or email address specified in the application form availing of a Service.

c)

If to register Users, at the communication and/or email address specified in the registration form.

  1. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.

 

ARBITRATION

 

If any dispute arises between Users and ZC during the Users use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Users Agreement, Privacy Policy or any document further incorporated by ZI in connection with the Website, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by ZI. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English, Hindi and Marathi language.

 

GOVERNING LAW

 

This Agreement And Privacy Policy 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 of New Delhi.

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