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Terms & Conditions

Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

 Zagdimart reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

 You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Zagdimart, and/or its subsidiaries (referred to herein as “Zagdimart”) or the copyrighted property of parties from whom Zagdimart has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Zagdimart reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

 Zagdimart  provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Zagdimart (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Zagdimart does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Zagdimart.

 

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Zagdimart may terminate its service to customers found to be using Zagdimart to engage in undesirable activities.

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Zagdimart to produce the Products on your behalf.

Transfer of Title

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification

You agree that you shall indemnify and defend Zagdimart and all parties from whom Zagdimart has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

Disclaimer of Warranty Limitation of Liability

Zagdimart hat made this service available to use as a matter of convenience. Zagdimart expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Zagdimart also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Zagdimart does not warrant that these sites/applications, its servers, or e-mail sent from Zagdimart are free of viruses or other harmful components. Zagdimart will not be liable for any damages of any kind arising from the use of these sites/applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Zagdimart will not be responsible for any damage suffered by Users from use of the services on its sites/applications. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer or mobiles virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

User agrees and acknowledges that User shall be solely responsible for User's conduct and that Zagdimart reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Zagdimart, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Zagdimart sites/services/applications for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.

Zagdimart therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on Zagdimart.

All prices, unless indicated otherwise are in Indian Rupees and Zagdimart reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice. The availability of products is subject to change without prior notice at the sole discretion of Zagdimart and orders can be cancelled if (i) the product goes out of stock with Us; (ii) does not comply with restrictions on the number of products a customer can order as per Terms & Conditions of any particular offer/discount on the product extended With Zagdimart . (iii) payment fraud suspicion by our Safety Team and / or on account of any enforcement agency request; (iv) incorrect or incomplete Buyer/Customer's Address; (v) non serviceability of Buyer/Customer’s address by courier partners.

Zagdimart reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Zagdimart the refund amount shall be credited to your credit card account or sent by cheque, and you would be duly notified by email.

In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Zagdimart will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.

Any request for cancellation of orders once duly placed on the site, shall not be entertained.

In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Zagdimart for re-delivery shall be claimed from the User placing the order.

All products are duly screened and assured by the zagdimart to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on Zagdimart on behalf of the zagdimart .

Presently, the service(s) of Zagdimart Shopping are being offered free. However, Zagdimart reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes as per the terms of the buyer. Zagdimart also reserves the right to offer certain services or product offers, exclusively to a limited set of customers at its sole discretion or under specific terms & conditions.

Zagdimart and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.

Use of the Zagdimart 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 Zagdimart. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Zagdimart and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of Zagdimart or can use Zagdimart as a Guest User. Zagdimart reserves the right to terminate your registration and refuse to provide you with access to Zagdimart if it is brought to Zagdimart â??s notice or 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 these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.

Printer Details on Products

As the printer of the digital images or text on products ordered by customers on our site, Zagdimart.com reserves the right to print its logo as printer details. We would be unable to attend any complaints or requests regarding the same.

Data Protection

Zagdimart may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy policy.

SMS Communication Process for National Do Not Call (NDNC) Registered Subscribers

As per TRAI guidelines, Zagdimart is permitted to send informational/promotional SMS to its NDNC Registered Subscribers in the following situations:

At the time of Registration by the customer on Zagdimart; and

Sending the referred SMS for a period of 6 months from the time of placing a valid order with Zagdimart

In Concurrence with the TRAI Guidelines, Zagdimart  will:

Keep the customer informed of the process of Opting- IN & OUT of the SMS Promotions Service on a fixed periodic basis.

Provide details regarding procedure to opt out from receiving such information in every advertisement wherein the Opt-In procedure is published any media;

Maintain a record of the request made by the subscriber for receiving such information for at least three months and provide such record as and when required by the Authority;

Not send any objectionable, obscene, unauthorized content, message or communication which is against public interest or national security or which infringes any copyright, intellectual property right etc, and the information does not contain any content which may violate any law of the land

Zagdimart shall have no liability to you for any interruption or delay in access to the Sites/Applications irrespective of the cause.

Arbitration

If any dispute arises between you and Zagdimart, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Zagdimart. The place of arbitration shall be Delhi/New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

Applicable law

This site is created and controlled by Zagdimart. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. Zagdimart reserves the right to make changes to the terms, conditions and disclaimers at any time and without information to the customers/users of the services/of Zagdimart. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.

Mail at – info@zagdimart.com