Terms And Conditions Of Service
Please read the following terms and conditions very carefully as your use of service are subject to
Your acceptance of and compliance with the following terms and conditions (“Terms”).
General:
1.1. By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services and does not require any physical or digital signatures. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These terms are published in accordance with the provisions of Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the terms and Conditions, privacy policy and terms of services for access or usage of service.
1.2. In these Terms, references to “you” or “User” shall mean the end user accessing the Website/Service, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Zuka Chocolates, its franchiser, affiliates and partners.
Services Offered:
Zuka Chocolates provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). Upon placing an order, Zuka Chocolates shall ship the product to you and be entitled to its payment for the Services.
Pricing:
All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities prices do change on a daily basis. In case the prices are higher or lower on the date of delivery, no additional charges will be collected or refunded as the case may be at the time of the delivery of the order. You can view your tentative bill online after confirmation of your order. Your final bill will be mailed to your e-mail ID before delivery of your products. You will be provided a copy of the same at the time of delivery. Payment is to be made immediately on delivery of the products. Payment can be made by mode of cash or through credit/debit cards. We do not accept other mode of payments such as Sodexo, Ticket Restaurant Coupons etc. www.zukachocolates.com uses third-party payment providers to receive payments from you. Zuka Chocolates is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Zuka Chocolates takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and workflows, hence cannot be held responsible for any fault at the end of payment providers.
Delivery:
Delivery will be made to the address specified by you on the account. It is your responsibility to specify the correct and detailed address for delivery. You will see the final delivery charges for your order on the checkout page during the order process. Please check this carefully before confirming your order. Our maximum delivery time will be 14 days and our minimum delivery time will be 3 days, depends on the location and city.
Communication
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, You consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Colours
We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. We do not provide any guarantee on the product shapes, colours, dimensions, etc.
Cancellation by Site / Customer:
You as a customer can cancel your order anytime before the product has been shipped. In such a case we will refund any payments already made by you for the order. Unfortunately, an order cannot be cancelled once the item has been delivered to you or the product is shipped by our delivery team. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
Indemnity:
You agree to defend, indemnify and hold harmless Zuka Chocolates its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inaction, which may result in any loss or liability to Zuka Chocolates or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
Intellectual Property Rights:
10.1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Zuka Chocolates owns all Intellectual Property Rights to and into the Website/Service, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the The website belonging to Zuka chocolates without obtaining authorisation from Zuka chocolates.
10.2. Zuka chocolates is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk.
10.3. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customisation Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Termination:
Zuka chocolates may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms. If you or Zuka chocolates terminates your use of the Website or any Service, Zuka chocolates may delete any content or other materials relating to your use of the Service and Zuka Chocolates will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
Applicable law
This site is created and controlled by Zuka Chocolates The laws of India shall apply and courts in Pondicherry shall have jurisdiction in respect of all the terms, conditions and disclaimers. Zuka Chocolates reserves the right to make changes to the website/service and the terms, conditions, and disclaimers at any time and without inform.