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TERMS AND CONDITIONS
Your use of the website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with M/s Luxquisite Retail and these terms and conditions including the policies constitute your binding obligations, with Zibica.
Your use of the www.zibica.in and its related services such as the Zibica application on Facebook is administered by the following terms and conditions of the Website. This User Agreement for the website shall come into effect on 00:00 hours IST 1st June, 2014 ("User Agreement" or “Agreement”).
Zibica provides a web application that allows its user to maintain a user account, buy goods and services while providing the option of creating an online store where they can sell goods and services online.
For the purpose of the user agreement, “user” and wherever the context so require “You” or “Your” (which collectively includes You and any other person or entity on whose behalf You may be acting) shall mean any natural or legal person who has agreed to become a member of the Website by mere use of the services offered through the Website.
A user becomes a “Registered User” by signing in through email id or any other agreed social networking platforms thereby allotting himself / herself with a unique identification user name and password.
As a user, you are agreeing to accept the terms and conditions of use set in the User Agreement. You also accept our rules and policies, which you acknowledge you have read as provided in the following hyperlinks:
1. Zibica Rules & Policies.
Do not use the website if you do not wish to accept the terms and conditions in user agreement and Zibica Rules and Policies.
Amendments: We may revise this User Agreement and/or the Rules and Policies at any time by uploading an amended version on the website.
All updates and amendments shall be notified on the Website. The revised version will be effective with immediate effect at the time posting it on the website.
In case of any substantial changes, we will inform with prior notice of such changes.
We advise you to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in the Rules and Policies.
1. Membership Eligibility
Use of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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 you are under the age of 18 years (minor), you shall not register as a member of the website and shall not sell or purchase any items on the website. As a minor if you wish to purchase/ sell an item on the website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.
• Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
2. Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You agree to: (a) Provide true, accurate, current and complete information about yourself as prompted; and (b) Maintain and promptly update the User Account Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, We have the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. In case you (seller) want to close the account you are legally bound to fulfill all the orders already placed and give a notice of 2 weeks minimum in advance, only after all the orders have been processed successfully will the Seller Account be closed.
3. Electronic Communication
When you use the website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you agree to receive communications from us periodically and whenever required. Zibica will communicate to you through email or content on the Website which will be deemed adequate service of notice / electronic record.
4. Fee and Services
Membership on the website is free of cost. Zibica does not charge any fee for browsing and buying on the Website. we request you to review our rules for Seller fee Policy as detailed in Zibica Rules and Policies which is hereby incorporated by reference into this agreement before you list an item for sale through the Website. Zibica reserves the right to change its Fee and Credit policies from time to time. In particular, Zibica may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. Zibica reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to M/s Luxquisite Retail within such time as specified in the invoice.
4.1 How fee is charged and payment schedule:
4.1 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cess etc. levied thereon.
4.2 Nonpayment: Zibica reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Zibica. We also reserves the right to take legal action in case of non-payment of fees by you to Zibica.
5. Use of the Website
5.1. You understand and agree that Zibica merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Zibica neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Zibica has no control over the third party user generated 5.2. You agree, undertake and confirm that your contents. Use of the Website shall be strictly governed by the following binding principles:
1. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the account details, bidding, buying or listing process, in the feedback /comments area or through any e-mail feature. You are solely responsible for your Information, and we act only as a passive conduit for your online distribution and publication of your Information.
2. Your Information (or any items listed):
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) belongs to another person and to which You does not have any right to;(b) is grossly harmful, harassing, offensive, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;(c) harm minors in any way;(d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e) violates any law for the time being in force;(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;(g) impersonate another person;(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(I) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.(j) shall not be false, inaccurate or misleading;
(k) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Zibica does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed at Zibica Rules and Policies (l) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(m) shall not link directly or indirectly to or include descriptions of items, goods or services that:
are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under; • are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount;
• are concurrently listed for sale on a web site other than the Website;
4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
5. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Zibica of the same
6. You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also 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, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any buyer at any place outside India.
8. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner. 9. You shall not attempt to circumvent or manipulate our Fee structure, the billing process or Fees owed to Zibica as detailed in Zibica Rules and Policies, and incorporated by way of reference in this Agreement.
6. Platform for Communication
The website is only a venue where Users may meet and interact with one another for their transactions. Zibica is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently: 1. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Zibica 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 buyers and sellers.
2. Zibica is not responsible for any non-performance or breach of any contract entered into between Users. Zibica cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Zibica shall not and is not required to mediate or resolve any dispute or disagreement between Users.
3. Zibica does not make any representation or Warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Zibica does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Zibica accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. Zibica does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
5. Zibica does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the goods or services offered by the seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by the seller to the buyer.
6. The Website is only a venue through which Users can reach a larger base to buy and sell items. Zibica is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with Zibica nor shall Zibica have any obligations or liabilities in respect of such contract. Zibica is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. 7. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
8. You release and indemnify Zibica and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Zibica cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
7A. Your Consent:
Payments for items on the Website can be made through electronic only. The payment facility enables automated collection using the current Indian banking and credit/ debit card and such other infrastructure through the services of third-party payment gateway provider PayUMoney/PayPal and PayTM. Zibica is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Zibica takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, and hence cannot be held responsible for any fault at the end of payment providers.
Remittances to sellers by Zibica are made after deducting the appropriate seller fees only on confirmation by the buyer of receipt of product in satisfactory condition or on automatic confirmation in case of stipulated delivery period elapsing without any incident being reported by the buyer. Sellers should expect 3 to 4 weeks of delay from the time the payment is received by Zibica from the Buyers to when Zibica is able to send the payment to Sellers. Sellers are required by Zibica to provide banking and accounting information for remittances by electronic transfer of funds. You shall abide by the Buyer and Seller Terms and Conditions and other Payment rules and policies as may be required and applicable for your nature of activities as detailed in Zibica Rules and Policies, and incorporated by way of reference in this Agreement.
You understand, agree and accept that the nature of your relationship between you as a Registered User/User and Zibica in relation to the payment facility is as follows:
1. Transactions, transaction price and all commercial terms such as delivery, dispatch of goods and/or services are as per principal to principal bipartite contractual obligations between the buyer and the seller and Zibica's payment facility is merely used by the buyer and seller to facilitate the completion of the transaction. Use of the payment facility shall not render Zibica liable or responsible for either the non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the goods and/or services listed on the Website.
2. You have specifically authorized Zibica to collect, process, facilitate and remit payments and/or the transaction price electronically to and from other Users in respect of transactions through the payment facility. Your relationship with Zibica is on a principal to principal basis and by accepting this User Agreement you agree that Zibica is an independent contractor for all purposes, and does not have control of or liability for the goods or services that are listed on the Website that are paid for using the payment facility. Zibica does not guarantee the identity of any Registered User/User nor does it ensure that a buyer or a seller will complete a transaction.
3. You understand, accept and agree that the payment facility provided by Zibica is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment collection and remittance facility for the transactions on the Zibica Website using the existing authorized banking infrastructure and credit card payment gateway networks.
Without limiting other remedies, Zibica may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
2. If Zibica is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or Zibica. Zibica may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Zibica or use the Website in any manner whatsoever until such time that such User is reinstated by Zibica. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Zibica reserves the right to recover any amounts due and owed by you to Zibica and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
By purchasing an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire. We encourage you to post feedback on the seller after the sale is closed.
1. You, as a buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the seller to purchase the goods and/or services from the seller using Zibica's payment facility, and You shall pay the transaction price through Your issuing bank (the bank which has issued a valid credit/debit card to the buyer or the branch of a bank which maintains a valid bank account in the name of the buyer) to the seller using Zibica's payment facility.
2. You, as a buyer, shall electronically notify Zibica using the appropriate features immediately upon delivery or non-delivery within the time period as provided in the Zibica Rules and Policies. Non notification by you of delivery or non-delivery within the time period specified in the Zibica Rules and Policies shall be construed as a deemed delivery in respect of that transaction.
3. You, as a buyer, shall be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case You do not receive the item within the time period agreed in the transaction or within the time period as provided in the Zibica Rules and Policies, whichever is earlier. In case you do not raise a refund claim within the stipulated time then this would make You ineligible for a refund.
4. You, as a buyer, understand that the payment facility may not be available in full or in part for certain category of goods and/or services and/or transactions as mentioned in the Zibica Rules and Policies and hence You may not be entitled to a refund in respect of the transactions for those goods and/or services.
5. Refund Rules: You, as a buyer, understand that refund of transaction price shall be made in accordance with the applicable laws of Republic of India and as per the rules mentioned below and in accordance with Zibica Rules and Policies:
I. Refund, if any, shall be made at the same issuing bank from where the transaction price was received.
ii. Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
iii. For electronics payments, refund shall be made using NEFT/RTGS or any other online banking/electronic funds transfer system approved by Reserve Bank India (“RBI”).
iv. The refund shall be conditional and shall be with recourse available to Zibica in case of any misuse by Buyer.
v. The refund shall be subject to the buyer complying with Zibica Rules and Policies.
6. In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same, you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
11. Buyer Protection
Zibica seeks to assist buyers who have been defrauded by sellers on the Website. If a buyer has made a payment for an item and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection. The coverage under this program is restricted to such amount as may be provided in the Buyer Protection Program.
For this purpose the buyer needs to follow certain steps set out in the Buyer Protection Program and review the Eligibility and Claims Process more fully detailed at Buyer Protection and Refund Policies on the Website.
• If Zibica has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Zibica may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and/or disqualify that member and any related members from availing protection through this program.
• Zibica reserves its right to initiate civil and/or criminal proceedings against a user who files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Zibica may at its sole discretion suspend, block, restrict, cancel the user id (and its related user ids) of such user and/or disqualify that member and any related members from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
As a Registered User, you may list item/s for sale on the Website in accordance with the Listing Policies more fully detailed at Zibica Rules and Policies which Policy is incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. All listings must comply with Zibica Rules and Policies which is incorporated by way of reference in this Agreement.
1. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. Zibica reserves the right to delete such multiple listings of the same product listed by you in various categories.
2. You are legally obligated to complete the transaction sale contract with the buyer upon the item's sale online. You must provide the buyer with shipment tracking information and supply the item as per the shipping and delivery details mentioned in item description to the buyer in a merchantable condition upon receiving intimation of payment in accordance with Seller Terms and Conditions.
3. You, as a seller, shall be required to dispatch the goods and/or services for every transaction to the buyer within the time period as provided in Zibica Rules and Polices to ensure that the goods and/or services are delivered within defined time frame.
4. The seller shall provide dispatch details to Zibica in such manner and within such time period as provided in Zibica Rules and Policies failing which the transaction shall stand cancelled.
5. Rules for Dispatch: Sellers agrees that they shall not violate any of the following rules for dispatch and that:
I. The seller shall dispatch the goods and/or services only using a delivery channel which provides appropriate ‘Proof of Dispatch’ & ‘Proof of Delivery’ documentation. Such Proof of Dispatch and Proof of Delivery (PODs) documentation relating to the Delivery should be maintained by the seller for a period of nine (9) months from the date of the Dispatch.
The PODs should be furnished to Zibica on demand within the timeframe as notified from time to time.
ii. The seller agrees that the dispatch details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts.
iii. The seller’s failure to provide dispatch details or providing dispatch details not complying with Zibica Rules and Policies shall result in consequences which may lead to suspension and/or termination of registration and/or any consequent actions as specified in this User Agreement.
6. Rules for remittance to the seller: The seller agrees that the transaction price paid by the buyer will be remitted to the seller’s bank account contingent upon the following events: I. Buyer confirming the delivery of goods and/or services in the transaction, or
ii. Buyer not taking any action to confirm delivery within such time period as provided in Zibica Rules and Policies despite confirmation of dispatch of goods and/or services by the seller to the buyer.
iii. The buyer’s refund claim is rejected by Zibica due to any breach of this User Agreement, Zibica Rules and Policies and any applicable laws.
7. Remittances to the seller for their successful transactions would be in compliance with directions issued by Reserve Bank of India for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries (“RBI Intermediary Guidelines”). Zibica has appointed Yes Bank as the nodal bank. Zibica may at its sole discretion add, replace or remove any nodal bank (“Nodal Bank”) without intimating You. Remittance to the seller for transactions shall be made through online bank transfer to seller bank A/c.
As sellers on the Website we encourage you to post feedback on the buyer after the transaction is closed.
We encourage Registered Users (buyers and sellers) on the Website to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. Zibica will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Zibica reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.
Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by Zibica, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.
Import - We do not provide the technical ability to allow you to import feedback from other websites to Zibica because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
14. No Warranty
Zibica and its suppliers, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
15. Limitation of Liability
In no event shall Zibica or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
Zibica's liability in any circumstance is limited to the amount of fees, if any, paid by you to Zibica. Zibica, 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, Zibica assumes no liability whatsoever for any monetary or other damage suffered by you 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. You expressly understand and agree that Zibica 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 Zibica has been advised of the possibility of such damages).
You shall indemnify and hold harmless Zibica and (as applicable) Zibica’s affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the Zibica User Agreement and Rules and Policies or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership between you and Zibica and you shall have no authority to bind Zibica in any manner whatsoever. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Zibica with respect to the subject matter hereof.
In Zibica’s sole discretion, Zibica may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that Zibica assigns the Agreement on the same terms or terms that are no less advantageous to You.
17A. Grievance Officer:
In accordance with Information Technology Act 2000 the name and contact details of the Grievance Officer is published on the Website.
If any dispute arises between you and Zibica during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, Rules and Policies or the documents they incorporate by reference, the dispute shall be referred to a sole arbiter who shall be an independent and neutral third party identified by Zibica. 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 language.
19. Governing Law
The User Agreement, Rules and Policies or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.