By using this site or by availing the rental, intermediary and other associated services (“Services”) you agree with ZeroVir (hereinafter referred to as “us”, “our”, “we”, “ZeroVir”), a company registered under the Companies Act, 2013 and having its registered address at 413, D-mall, Sector–10, Rohini, New Delhi 110085, and operating the services along with owning the domain name and website www.zerovir.in , to this agreement and any subsequent changes to these terms. Please do note that these terms and conditions stated below constitute a legal contract between you and ZeroVir and by availing the service offered by us you acknowledge and agree to having been entered into this Agreement.
Henceforth, if the terms and conditions herein below are not acceptable to you, please do not buy products or avail the services and do write to us at email@example.com
1 Our Products
1.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot warranty that your computer’s display of the colours accurately reflects the colour of the Products. The Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% (two percent) tolerance.
1.2 The packaging of the Products may vary from that shown on images on our site.
1.3 All Products shown on our site are subject to availability. We will inform you by email as soon as possible, if the Product you have ordered is not available and we will not process your order.
2 How we use your personal information
3.1 These Terms and any document expressly referred to in them constitute the entire agreement between You and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3.2 You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
3.3 You and Us agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement, based on any statement in this Agreement.
4.1 Delivery will be completed when we deliver the Products to the address you gave us.
4.2 The Products will be your responsibility from the completion of delivery.
4.3 You own the Products once we have received payment in full, including all applicable delivery charges.
5 Your Consumer Right of Return and Refund
5.1 As a consumer, you will always have legal rights regarding cancellation in relation to Products that are faulty or not as described.
5.2 For Product returns, the Product should be returned in Original Condition, with the original packaging, price tags, and accompanied with all tools, accessories, operational manual and any other material as delivered to the customer at the time of purchase, to us at your expense within 14 (fourteen) calendar days. Note that if you fail to package the goods adequately to avoid damage in transit or fail to take reasonable care of the goods we might not be able to accept their return. Otherwise, on receipt of the goods in undamaged condition we will refund the full purchase price to the card or method you originally used for the purchase. The address for return of the goods is: 413, D-Mall, Sector-10, Rohini, New Delhi – 110085.
5.3 Refunds shall be initiated only after the Products have been physically received, inspected and certified by the quality inspection team that the items are in original condition.
6.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
7.1 We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Agreement for:
a) any loss of profits, sales, business or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill;
f) any indirect or consequential loss
7.2 Our total liability in any case to you in respect of losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
7.4 Events Outside Our Control
7.4.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control (defined below in clause 7.4.2)
7.4.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, cyclone, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
8 Communications between Us
If you wish to contact us in writing for any other reason, you can send this to us by email to firstname.lastname@example.org or by pre-paid post to 413, D-Mall, Sector-10, Rohini, New Delhi – 110085.
9 Other important terms
9.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
9.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
9.3 This Agreement is between You and Us. No other person shall have any rights to enforce any of its terms.
10.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.2 If we fail to insist that you perform any of your obligations under these Terms, or if We do not enforce our rights against you, or if we delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
10.3 If you use our Site, you shall ensure information such as email address, mobile number, address are updated and current and in case 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 this Terms of Website Use and Website Acceptable Use Policy, We shall have the right to cancel the purchase made by you.
In compliance to Rule 3(11) of the Information Technology (Intermediaries guidelines) Rules, 2011, a grievance officer has been appointed to receive any complaints or concerns if any, with respect to matters pertaining to the breach of the, this T&C and any other policies published by Us here under.
The Grievance Officer: Chandrashekhar Bhide ( email@example.com )
The Grievance Officer can be contacted via the aforesaid email Monday to Saturday except for public holidays.
12 Governing Law and Dispute Resolution
ZeroVir and any of its services thereof is provided by Zerovir, and regulated by Indian laws. Henceforth, this T&C shall be governed by laws of India with the courts of Delhi, India having exclusive jurisdiction.
You agree to first resolve any disputes arising out of or in relation to these Terms amicably. In the event that the amicable resolution fails, it shall be settled by arbitration in accordance with the Arbitration and Conciliation Act of India, 1996. The seat and venue of the arbitration will be in Delhi, India and shall be conducted in English over a single sole arbitrator appointed by Us. The award of such an arbitration proceeding would be final and binding upon both the parties.