Welcome to Zukazo Business Solutions, owned, controlled and managed by HBN Network Private Limited, (hereinafter referred to as "Zukazo", "We", and its connotations) and having its registered address at Plot No A-168 ,road no. 25, M.I.D.C, Wagle Industrial Estate, Thane 400 604, Maharashtra.
Zukazo is a platform which acts as a mediator between customers (hereinafter referred to as "User", "You" and its connotations) and sellers offering different kinds of goods or services (hereinafter referred to as "Services") on our website www.zukazo.com (hereinafter referred to as "Website") and also via mobile application (together referred to as "Platform") from various vendors.
Please read these conditions carefully before using the Services provided by Zukazo. By using the Services provided by Zukazo, you signify your agreement to be bound by these conditions.
In addition, when you use any current or future Service furnished by Zukazo (eg. Wish List or Marketplace) ("Zukazo Service"), you will also be subject to the terms, guidelines and conditions applicable to that Zukazo Service ("Terms"). If this Conditions of Use are inconsistent with such Terms, the Terms will control.
This Conditions of Use "Conditions of Use" constitutes an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
A. Conditions relating to your use of Zukazo
1. Your Account
If you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you have provided to us are correct and complete and inform us immediately of any changes to the information that you had provided during registration process. You can access and update much of the information you had provided to us in "Your Account" area of the Platform. You agree and acknowledge that you will use your account on the Platform to access Services only for your personal use and not for business purposes.If you wish to order products for business purposes, then please create a business account on business. Zukazo reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without assigning any reason or notice to you.
Please review our Privacy Notice, which also governs your visit to Zukazo, to understand our practices. The personal information/data provided to us by you during the course of usage of Zukazo will be treated and considered in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.
3. E-Platform for communication
You agree, understand and acknowledge that the Platform is an online programme that enables you to purchase products and procure services listed on the Platform at the price indicated therein at any time from any location. You further agree and acknowledge that Zukazo is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, Zukazo will not be held responsible for any damage or deficiency of any products or services provided by the vendors to you on our Platform.
4. Access to Zukazo
We will do our utmost care to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet beyond our control, this cannot be guaranteed. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for Platform access
Subject to your compliance with this Conditions of Use and payment of applicable fees, if any, Zukazo grants you a limited licence to access and make personal use of this Platform, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Zukazo and/or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This Platform or any portion of this Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, infringed, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Zukazo and/or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zukazo and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Zukazo or its affiliates' names or trademarks without the express written consent of Zukazo and/or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Zukazo and/or its affiliates, as applicable forthwith without notice.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Zukazo as long as the link does not portray Zukazo, their affiliates, or their Services in a false, misleading, derogatory, or otherwise offensive matter under IT Act, 2000 and other laws as may be applicable in India. You may not use or copy any Zukazo logo or other proprietary graphic or trademark as part of the link without express written consent of Zukazo and/or its affiliates, as may be applicable.
6. Users Conduct
You must not use the Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Zukazo, are responsible for all electronic communications and content sent from your computer to us and you must use the Platform for lawful purposes only. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(i) belongs to another person and to which you do not have any right to do so;
(ii) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
(iii) interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
(iv) is used for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
(v) violates any law for the time being in force;
(vi) is used to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam;
(vii) is to cause annoyance, inconvenience or needless anxiety.
7. Limitation of Liability
To the maximum extent permitted by law, the Services provided by Zukazo on or through the Platform are provided "as is" were is basis, "as available" and "with or without all faults", and Zukazo hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
8. Reviews, comments, communications and other content
Users of this Platform may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a User uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, then Zukazo reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Zukazo and terminate this Conditions of Use and, or terminate your permission to access or use this Platform.
If you do post content or submit material, and unless we indicate otherwise, you
(i) grant Zukazo and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(ii) grant Zukazo and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to grant Zukazo, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Platform. You also warrant that the content or material submitted to Zukazo:
(i) is accurate;
(ii) its use does not breach any applicable Zukazo policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory);
(iii) is lawful.
You agree to indemnify Zukazo and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
9. Transactions between sellers/service providers and Users
Through the Platform, Zukazo provides electronic web-based platforms for exchanging information between Users and sellers of products and services. Zukazo additionally provides electronic web-based transaction platforms for Users and sellers to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Platform. However, for any Services, Zukazo does not represent either the seller or the buyer in any specific transactions. Zukazo does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
Users are hereby made aware that there may be risks of dealing with people, sellers acting under false pretences. Zukazo uses several techniques to verify the accuracy of certain information our sellers or vendors provide us when they register on the Platform. However, because verification on the Internet is difficult, Zukazo cannot and does not confirm each seller's purported identity. We encourage you to use various means and techniques, as well as common sense, to evaluate with whom you are dealing.
10. Claims against Objectionable Content
Zukazo lists millions of Services for sale offered by sellers on the Platform and hosts thousands of comments and it is not possible for us to be aware of the contents of each and every Service listed for sale, or each comment or review that is displayed. Accordingly, Zukazo operates on a "notice and take down" basis. If you believe that any content on the Platform is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ("Objectionable Content"), please notify us immediately by following our Notice and Procedure for making Claims of Right Infringements . Once this procedure has been followed, Zukazo will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
11. Copyright, authors' rights and database rights
All content included on the Platform, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Zukazo and, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.
The compilation of all content on this Platform is the exclusive property of Zukazo and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Platform is the property of Zukazo, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/re-utilise parts of the contents of the Platform without Zukazo and/or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Platform, without Zukazo and/or its affiliate's (as may be applicable) express written consent. You may also not create and/or publish your own database that features substantial (eg: prices and product listings) parts of this Platform without Zukazo and/or its affiliate's (as may be applicable) express written consent.
12. Intellectual Property Claims
Zukazo and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our notice ___ Notice and Procedure for Making Claims of Right Infringements .
ZUKAZO.COM, ZUKAZO, and other marks indicated on our Platform are trademarks or registered trademarks of Zukazo or its subsidiaries, in the India and/or other jurisdictions. Zukazo's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Zukazo or its subsidaries. Zukazo or its subsidaries trademarks and trade dress may not be used in connection with any product or service that is not belonging to Zukazo or its subsidaries, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zukazo or its subsidaries. All other trademarks not owned by Zukazo or its subsidaries that appear on this Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zukazo or its subsidaries.
You acknowledge and undertake that you are accessing the Services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform. You further acknowledge and undertake that you will use the Platform to order products or procure services only for your personal use and not for business purposes.
You understand that Zukazo aims at providing a platform where vendors can sell their services and products, hence Zukazo shall neither be liable nor be responsible for any actions or inactions of vendors nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and services offered by service providers and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers, service providers or manufacturers of the products/services.
You further understand that Zukazo merely provides a platform for vendors hence, we will not be held liable for any physical or mental suffering caused to you, due to the usage of our Platform. You agree and acknowledge that Zukazo will not be responsible for any unethical, defamatory, immoral, fraudulent, or sinful activities undertaken by the vendors, while providing Services at your residential premises. However, in case you encounter any such embrassing experience, then the same must be communicated with Zuzako through its customer care inorder to enable Zukazo to carry out immediate action against such vendors.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed and services offered or displayed or transacted or the content (including product, service or pricing information and/or specifications) on the Patform. While we have taken precautions to avoid inaccuracies in content, this Platform, all content, information (including the price of services and products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products or rendering of services on the Platform. At no time shall any right, title or interest in the products or services sold or offered through or displayed on the Platform vest with Zukazo nor shall Zukazo have any obligations or liabilities in respect of any transactions on the Platform.
Zukazo shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
(i) the use or the inability to use the Platform or Services;
(ii) any defect in goods, samples, data, information or services purchased or obtained from a seller or any other third party through the Platform;
15. Indemnity and Release
You shall indemnify and hold harmless Zukazo, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of this Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release at all time Zukazo and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Use of Zukazo is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Zukazo only with the involvement of a parent or guardian.
17. Other Businesses
Parties other than Zukazo and its affiliates may operate stores, provide services, or sell product lines on Zukazo. For example, business person, individual professional offer products or services via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Zukazo does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use shown on our Platform.
Zukazo may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' websites. You are cautioned to read such websites' terms and conditions and/or privacy policies before using the sites. You acknowledge that Zukazo has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such websites.
When you visit the Platform of Zukazo or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Platform and/or your order placed on the Platform.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Platform.
20. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Platform, policies, and this Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the Platform or that you order goods or services from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining terms and condition.
21. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under this Conditions of Use if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
22. Force Majeure
Under no circumstances shall Zukazo be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties
If you breach this Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other for the breach of condition committed by you at appropriate time.
24. Governing law and Jurisdiction
This Conditions of Use are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Thane.
25. Our Details
This Platform is operated by HBN Network Private Limited.
For the website of Zukazo, you could contact us by visiting: WEBSITE TO CONTACT
26. Zukazo Software Terms
In addition to this Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Zukazo Services (the "Zukazo Software").
27. Sanctions and Export Policy
You may not use any Zukazo Service if you are the subject to Government of India sanctions/restrictions or of sanctions consistent with Indian law imposed by the Government of India where you are using Zukazo Services. You must comply with all Indian or other export and re-export restrictions that may apply to goods, software (including Zukazo Software), technology and services at your cost and expenses.
28. General Provisions
(i) Zukazo and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Conditions of Use.
(ii) If any provision of the Conditions of Use is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced and binding upon.
(iii) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(iv) Zukazo's failure to enforce any right or failure to act within time in respect to any breach by you under the Conditions of Use will not constitute a waiver of that right nor a waiver of Zukazo's right to take appropriate action in respect of subsequent or similar breaches.
(v) Zukazo shall have the right to assign the Conditions of Use (including all of our rights, titles, benefits, interests, and obligations and duties in the Conditions of Use to any person or entity (including any affiliates of Zukazo). You may not assign, in whole or part, the Conditions of Use to any person or entity
If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Zukazo the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Zukazo for all claims brought by a third party against Zukazo arising out of or in connection with the submission of a Notice Form.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Zukazo and are posted solely at the direction of Third Party Sellers who may be contacted via their "Seller Information" page, accessible from any of their listings.
ZSIN and ISBN-10 , Defined: "ZSIN" stands for Zukazo Standard Item (or Identification) Number and is a ten (10) character identifier. It can be found below any listing under "Product Details". "ISBN-10" stands for International Standard Book Number and is a ten (10) digit identifier that can be found on some book listings under "Product Details".
Important Warning: giving false, misleading or inaccurate information in the Notice Form to Zukazo may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions about notice form.
If you believe that your rights are being violated by an item or information on the Platform of Zukazo, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF or Fax to the Grievance Officer:
e-mail PDF: support@_____________
Subject Line: Claim of Infringement or Fax : _______________
HBN Network Pvt. Ltd.
A-168, Road no. 25,
M.I.D.C, Wagle Industrial Estate,
Thane- 400 604, Maharashtra
(We will accept a signed PDF via e-mail with the subject line "Claim of Infringement" or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.
I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE] , state as follows:
1. Contact information:
(a) Your and/ or your company's name, address, telephone number and contact email address;
(b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).
2. Listing's ZSIN (or ISBN-13 if applicable) and Allegation of Infringed Right:
(a) The listing's ASIN/ISBN-13 number or detailed description of where the information that you claim is infringing your rights is located on the site; if regarding a Third Party Seller listing please also provide the name used to identify the Seller on the site (look for "dispatched and sold by _____" or "by ______" in the listing).
(b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this ASIN/ISBN-13. [REPEAT (2)(a-b) as necessary for multiple items, see example Notice Form here.]
3. Include the following statement: "I have a good faith and belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, and such use is otherwise not permissible under law."
4. Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
5. Sign the Notice Form.