BUYER AND SELLER/STORE/SERVICE PROVIDER AGREEMENT, TERMS AND CONDITIONS, PRIVACY POLICY AND DISCLAIMERS

This Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) Agreement (the "Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (the "Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)"), and Zohukum, and its affiliates (collectively, "Zohukum"), regarding Service Provider/Store/Seller use of Zohukum website, currently located at www.Zohukum.com (including the webpage's contained or hyperlinked therein and owned or controlled by Zohukum, the "Website"), and Service Provider/Store/Seller inclusion in applicable services provided by Zohukum via the Website (as determined by Zohukum from time to time and in its sole and absolute discretion) and such other media or media channels, devices, software, or technologies as Zohukum may choose from time to time (the "Zohukum Services").

Zohukum is a technology platform which tries to make customers as king by giving them opportunity to post their orders and query which either they can decide to send to their selection of service provider/seller/store. Simultaneously, buyer / interested in seeking information/send a order query with time validity and also can send special instructions, share his / her contact details and can use phone, sms, e mail, chat  or any other available mode of the technology platform. The objective is to bring the competition and better services at the grass root level and also some price discovery and better discounts resulting in savings. We may also try and share and inform the tentative calories either from the disclosed printed published information from the products or from the source which may again be indicative.

Zohukum also initiates to provide aggregation services wherein buyers of large quantities in wholesale can refer / invite / their vendors and make them compete and get the best price and best services with best of the quality.

The process is by way of Registration with correct details, creating list of items to be ordered or queried, using cart sending the same to either single service provider/seller or to multiple, getting the quotes and deciding which one to select.

By way of features and capability, we at Zohukum, have tried and shall continue to make the life of the buyers easier and better by way of bringing the options to buyers so that they can get better price, quality and services.

Business Model of www.zohukum.com is to utilise the technology and to make the processes human intervention free with the self sustainable platform/exchange. We do not promote and believe in physical visits and follow up by way of calls. All complaints and concerns and feedback can be given by way of raising tickets, sending sms/e mail/missed calls as the case may from time to time Any discount and benefit should be passed on to the customer and we believe in making the buyer experience "WOW" Customer is King and service providers and sellers / stores should Say "Zohukum Mere Aka".

Buyers conduct

The Buyer undertakes that it will act in a responsible and professional manner. The Buyer agrees not to manipulate any event of purchase/query /transaction and will not use any data except as between the buyer ad seller and that the prices and information shall be indicative on the website.

The Buyer agrees to comply at all times with applicable legislation.  Zohukum reserves the right to terminate any agreement with a agreement and terms and condition/ block and terminate any transaction which is not in compliance of the trust, fair, transparent and social norms and is not within the norms of the best market practices and any such act by the buyer shall tentamount to breach of the agreement and terms and conditions contained in the agreement.

Sellers/store/service provider as a seller to the buyer Conduct

Bidders - either in case of direct buy orders, requests, query undertake or in any transaction where zohukum platform is used or is used as reference / referral(where transaction happened and is updated in the system later) that they will act in good faith at all times in all dealings with zohukum or other Users and inline with the reverse auction and / or the unique concept started by the zohukum whether it is forward or reverse. Bidders will only make Bids in the Event to which they intend to be bound.

Bidders will not collude with other Users or third parties in order to manipulate the Event/order/transaction nor will they share pricing information with each other. Users will indemnify zohukum against all liability arising out of any breach of these terms .

Liability

Zohukum is not responsible for the actions of Buyers or Bidders who use this site. The Users should make any complaints or claims they may have relating to any of their activities directly to the seller/store / vendor/ service provider / person/company concerned and also through zohukum platform.

 

Zohukum shall not be liable to the Buyer for any indirect or consequential loss from any breach of zohukum's obligations under these terms.

 

The Buyer acknowledges that Zohukum shall not be liable to any User for any direct, indirect or consequential loss arising from any loss of connection to the Website or Event / order/ transaction.

 

Zohukum have no liability for any data downloaded from this website or as part of the service. Zohukum do not accept liability for any indirect or consequential loss however caused as a result of any computer virus, bugs, or other similar programmes arising from the Users use of the website. Zohukum will obviously do their best on their best effort basis and with the dependence on technology and network, connection and data movement / speed related issues to protect their site but it is the Users responsibility to take precautions against these issues.

 

SERVICE PROVIDER/STORE/COMPANY/PROPRIETOR/INDIVIDUAL/IN VARIOUS FORMS AND CAPACITIES(ONE WHO SERVES OR OFFERS GOODS AND SERVICES) - GOODS/PRODUCT/SERVICES LIST

Service Provider/Store/Seller agrees to provide, and thereafter service the customers on priority and in case they are not able to deliver 3 times and in case there is a complaint, further orders processing and even the listing may be withdrawn without any refund if it is a paid membership and Service Provider/Store/Seller shall maintain and promptly update for so long as Service Provider/Store/Seller this Agreement is effective, true, accurate, current and complete information regarding Service Provider/Store/Seller as is requested during Service Provider/Store/Seller registration process via the Website (the "Registration Process").

Zohukum may perform a variety of marketing activities to promote Service Provider/Store/Seller and Service Provider/Store/Seller Goods/Product/Services List, many of which are described on the Website; provided, however, that all such marketing activities will be determined in Zohukum's sole and absolute discretion and the Website may be changed, without notice and from time to time, to reflect any such changes.

Service Provider/Store/Seller will provide Zohukum with Service Provider/Store/Seller current Goods/Product/Services List, and any updates, changes, or modifications thereto (the "Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) Goods/Product/Services List"), in such format as is requested by Zohukum (collectively, the "Marketing Materials") for Zohukum' inclusion in the Website and the Zohukum Services or for any marketing or advertising activities undertaken by Zohukum, in its sole and absolute discretion (the "Zohukum Marketing Activities"). Service Provider/Store/Seller hereby grants to Zohukum a non-exclusive, transferable, royalty-free, fully-paid, worldwide license, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Marketing Materials, including any trademarks, trade names, service marks, logos, telephone numbers, and addresses therein, for any purpose, including marketing, commercial, advertising, promotional activities or otherwise, and with a right to sublicense, in connection with the Website, the Zohukum Services, or the Zohukum Marketing Activities; and, in connection with Zohukum' exercise of the license rights granted by the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services), Zohukum may prepare derivative works of, or incorporate into other works, all or any portion of the Marketing Materials. The license rights granted hereby will apply to any form, media, or technology now known or hereafter developed. Zohukum does not assert any ownership over the Marketing Materials; rather, as between Zohukum and the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services), and subject to the rights granted to Zohukum herein, Service Provider/Store/Seller shall be the owner of its Marketing Materials and the intellectual property rights associated thereto.

ORDERS

Service Provider/Store/Seller acknowledges and agrees that the end-user customers of the Zohukum Services (the "Customers") may place orders with the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services), through the Zohukum Website or other media or media channels, devices, software, or technologies as may be included within the Zohukum Services, for the goods/products/services, and pick-up and/or delivery services in connection therewith, as is set forth on Service Provider/Store/Seller Goods/Product/Services List (the "Customer Orders"). Upon placement of such a Customer Order, Zohukum will send written confirmation thereof to Service Provider/Store/Seller via sms through mobile number or email address as updated during the registration and account validation process or via such other delivery method as Zohukum and Service Provider/Store/Seller may agree upon like the customers can also call directly and Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) may update the order in the Zohukum system (the "Order Confirmation"), and which Order Confirmation contains a confirmation code for the Customer Order. Zohukum currently follows the Order Confirmation with a sms and e mail containing order, address, phone number of customer and special instructions if any with a order code. Subsequently we may start automatic telephone call (the "Phone Confirmation"), which requests that Service Provider/Store/Seller confirm receipt of the Order Confirmation by entering the Customer Order's confirmation code; these Phone Confirmations may be recorded, and Service Provider/Store/Seller hereby consents to such recording (and will notify all of its employees and service providers that receive the Phone Confirmations that the call may be recorded).

TABLET

As a part of Zohukum’s marketing efforts, Zohukum may provide Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) with a tablet or other device preloaded with Zohukum’s App (the “Tablet”). Such Tablet shall be used by Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) primarily for the purpose of submitting and confirming orders and payments for goods/products/services, and delivery services in connection therewith, via the Application(Mobile or other app) Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) shall use the Tablet in conformance with any instructions for use provided by Zohukum.

PAYMENT

Zohukum Services currently allow a Customer to pay for a Customer Order via Payment Gateway of PayU/CCAvenue/Citrus/Wallet/Payment Gateway using credit card, debit cards, net banking and cash on delivery or through payment directly to the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services). If the Customer Order is paid via PayU/Payment Gateway, the full purchase price for such Customer Order, including sales and any other applicable taxes, shall be processed and received by PayU/Payment Gateway in the account of Zohukum and payment to Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) will be released after deducting the PayU/Payment Gateway charges and commission _________ as agreed.

Zohukum will deliver to Service Provider/Store/Seller the aggregate purchase price of all Customer Orders applicable to Service Provider/Store/Seller that were so processed by using Zohukum systems, less Zohukum's commission percentage (the "Commission Percentage") and the applicable credit card merchant payment processing fee, via direct bank deposit / transfer or check (the “Processing Fee”). The applicable Commission Percentage and Processing Fee are set below. If the Customer Order is to be paid directly to the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services), then, at least once per calendar month, Zohukum may invoice Service Provider/Store/Seller for the Commission Percentage due on applicable Customer Orders, and Service Provider/Store/Seller shall pay such invoice within 3 days of receipt; payment shall be made within 3 days of receipt of the applicable invoice and via either credit card or check at Zohukum's sole and absolute discretion. Late payments will bear interest at a rate equal to the lesser of one percent (1%) per month (or portion thereof) or the maximum interest rate otherwise permitted by applicable law.

COMMISSION /SERVICE FEE / TECHNOLOGY FEE/ CONTRACT/ ADVERTISEMENT/LISTING FEE/TRANSACTION

It is confidential between www.zohukum.com and Service Provider / Store / Company / Proprietor / Single / In various forms and Capacities and The Commission/fee/service fee or as captioned above, if any, shall mean fixed, variable, slab based, or as may be agreed between the parties and subject to change from time to time e.g.A)% B)% C)% D)% E)% F) NIL (Please select one and sign and stamp on the agreement and update the same while Registering), Physical signatures and stamping is not required and is not mandatory anymore as per the cyber laws and as per the laws related to digital signatures as complete terms and conditions are available on the website to be seen during registration process itself. The registration process gets completed only after the reading, understanding and acceptance of the terms and conditions and also after physically clicking /ticking the check box / button as the case may be on the respective pages of website. For Service Provider / Store / Company / Proprietor / Single / In various forms and Capacities (One who serves or offers goods and services) Net Sales, the defined below. "Net Sales" means the gross amount charged by Service Provider / Store / Company / Proprietor / Single / In various forms and Capacities (One who serves or offers goods and services) to any customer that is attributable to any order either through the Zohukum Service/platform or direct with the reference of zohukum shall be in accordance with the applicable laws and shall be adjusted for less/add : sales taxes / Vat, Service Tax / any other state / Statutory taxes, levies etc. The billing and  payment and deposit  of taxes or any statutory collections/ liabilities will be on the part of seller/store/ service provider/ listed/registered /published. For this purpose , and for any purpose, Zohukum / Palm Top Enterprises Pvt Limited will not be responsible and shall not be categorised as service provider / seller / vendor between the buyer and seller/service provider/store. Any other mutually agreed fees / charges etc in any form , Slab and basis of fees and charges shall not be disclosed and shall not form part of the billing by the seller/store.

PROCESSING FEE

The following table sets forth the applicable Processing Fee for all permitted credit card merchants:

PayU/Payment Gateway
Debit Card
MASTER CARD
VISA
Net Banking
Any Other
WALLET
ADVERTISING/LISTING
LISTING
COUPON
DISCOUNT/OFFERS
WHOLESALE
SHARING OF SAVINGS
POINTS EARNED
CITY / LOCATION BASED
PRODUCT / SERVICE RELATED

TAXES

Notwithstanding anything to the contrary herein, Service Provider/Store/Seller is, and will be, responsible for all taxes, payments, fees, and any other liabilities associated with the computation, payment, and collection of taxes in connection with Customer Orders and Service Provider/Store/Seller use of the Website and the Zohukum Services. Zohukum may charge and collect sales tax from Customers as a representative custodian because of being a facilitator and not as an agent on behalf of Service Provider/Store/Seller in accordance with instructions provided by Service Provider/Store/Seller or applicable law; and, in which case, Zohukum will collect such sales tax solely as a representative custodian on behalf of Service Provider/Store/Seller and shall pay such amount collected to Service Provider/Store/Seller(or as may be otherwise required by applicable law). Service Provider/Store/Seller shall be solely responsible for verifying amounts collected, filing the appropriate tax returns, and remitting the proper amount to the appropriate taxing authorities. Sales tax shall include any sales, use, privilege, gross receipts, Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services), excise, or other tax due in relation to the sale of goods/products/services, including pick-up and delivery services (if applicable), by the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services).

SERVICE PROVIDER/STORE/COMPANY/PROPRIETOR/INDIVIDUAL/IN VARIOUS FORMS AND CAPACITIES(ONE WHO SERVES OR OFFERS GOODS AND SERVICES) REPRESENTATIONS, WARRANTS, AND COVENANTS

Service Provider/Store/Seller hereby represents, warrants, and covenants that:

1. the prices charged to Customers through the Zohukum Services will not be higher than those charged to any customers that place orders directly with the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services);
2. it will comply, and prepare, sell, market, and provide all Goods/Products/Services of any nature by way of either online booking, ordering or sending querrys in strict compliance, with all federal, state, and local laws, rules, regulations, and standards pertaining to Goods/Products/Services of any nature by way of either online booking, ordering or sending querry preparation, sale, marketing, safety, and as otherwise applicable to Service Provider/Store/Seller operation of its business;
3. it will not offer for sale any potentially hazardous Goods/Products/Services of any nature by way of either online booking, ordering or sending querry, alcoholic beverage, tobacco product, or any other item prohibited by law or by Zohukum' then-current policies;
4. it bears all risks to persons and property arising from its (or its employees' or service providers') contact therewith, and waives, and agrees to indemnify Zohukum for, any and all claims relating thereto against Zohukum;
5. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of Service Provider/Store/Seller Marketing Materials pursuant to the license rights granted to Zohukum by this Agreement does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; and
6. Service Provider/Store/Seller Marketing Materials do not violate any state or federal law, rule, or regulation applicable thereto, including with respect to electronic advertising.

ZOHUKUM CONTENT

Excluding the Marketing Materials, all of the content on the Website and included in the Zohukum Services (including without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics, the "Zohukum Content"), including the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Zohukum, and are subject to copyright and other intellectual property rights under Indian and International IPR and ICC and foreign laws and international conventions. All Zohukum graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Zohukum in India and/or other countries. Zohukum' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Zohukum. Service Provider/Store/Seller agrees not to circumvent, disable or otherwise interfere with any security related features of the Website or the Zohukum Services, or any other features that seeks to either prevent or restrict the use or copying of any Zohukum Content or enforce limitations on use of the Website, the Zohukum Services, or the Zohukum Content therein.

CUSTOMER DATA

"Customer Data" means any and all identifiable information about purchasers generated or collected by Zohukum or the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services), including, but not limited to, purchasers' name, shipping addresses, email addresses, phone numbers, and purchaser preferences and tendencies; and Service Provider/Store/Seller agrees that Service Provider/Store/Seller will only use the Customer Data in fulfilling the applicable Customer Order and in complying with Service Provider/Store/Seller obligations in this Agreement, and Service Provider/Store/Seller agrees that Customer Data will not be used to enhance any file or list of Service Provider/Store/Seller or any third party. Service Provider/Store/Seller represents, warrants, and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose whatsoever. Service Provider/Store/Seller agrees that it will not copy or otherwise reproduce any Customer Data other than for the purpose of fulfilling the applicable Customer Order. Service Provider/Store/Seller(and any other persons to whom Service Provider/Store/Seller provides any Customer Data) will implement and comply with reasonable security measures in protecting, handling, and securing the Customer Data. If any Customer Data is collected by Service Provider/Store/Seller(or otherwise on its behalf), Service Provider/Store/Seller shall ensure that it (and any applicable third parties) adopt, post, and processes the Customer Data in conformity with an appropriate and customary privacy policy.

For purposes of this Agreement, the restrictions set forth herein on Service Provider/Store/Seller use of Customer Data do not apply to: (a) data from any customer who was a customer of Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) prior to Service Provider/Store/Seller using the Website or the Zohukum Services, but only with respect to data that was so previously provided to Service Provider/Store/Seller by such customer; or (b) data supplied by a customer directly to Service Provider/Store/Seller who becomes a customer of Service Provider/Store/Seller and who explicitly opts in to receive communications from Service Provider/Store/Seller for the purposes for which such Customer Data will be used by Merchant; and, provided in all cases, that Service Provider/Store/Seller handles and uses such Customer Data in compliance with applicable Laws and Service Provider/Store/Seller posted privacy policy.

TERM AND TERMINATION

This Agreement is effective upon Service Provider/Store/Seller initial Registration Process and will remain in full force and effect for so long as Service Provider/Store/Seller is included on the Website as part of the Zohukum Services. Either Zohukum and Service Provider/Store/Seller may terminate this Agreement any time, for any reason, with or without notice by providing written notice to the other. Neither party shall have any liability to the other party for damages suffered by a party as the result of any such termination. Zohukum will, as soon as practicable following such termination (or notice thereof, if terminated by the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)), remove Service Provider/Store/Seller from inclusion in the Zohukum Services and the Website.

Upon termination, each party shall promptly pay to the other any outstanding amounts owed for applicable Customer Orders prior to such termination. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

DISPUTES

If there is a dispute between Service Provider/Store/Seller and a Customer, Service Provider/Store/Seller understands and agrees that Zohukum is under no obligation with respect thereto, and the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services), to the fullest extent permitted by law, hereby releases Zohukum and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with, any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Zohukum Services.

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Agreement, the Website, or the Zohukum Services shall be governed and construed by the law of the State of Delhi, excluding such state's conflicts of law rules. Any legal action of whatever nature by or against Zohukum arising out of or related in any respect to this Agreement, the Website, or the Zohukum Services shall be brought solely in the applicable federal or state courts located in or with jurisdiction over Delhi, and Service Provider/Store/Seller hereby agrees to such venue as the sole and exclusive venue for the resolution of any disputes with Zohukum; subject, however, to the right of Zohukum, at Zohukum' sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. Service Provider/Store/Seller hereby consents to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by Service Provider/Store/Seller related in any way to this Agreement, the Website, or the Zohukum Services be instituted more than two (2) years after the cause of action first arose. Arbitration is the preferred mode as per the Arbitration Act and is to be governed under Indian Arbitration law.

DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY LAW, ZOHUKUM AND ITS AFFILITES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE AND THE ZOHUKUM SERVICES AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZOHUKUM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S OR THE ZOHUKUM SERVICES' CONTENT OR THE CONTENT OF ANY OTHER WEBSITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM SERVICE PROVIDER/STORE/SELLERACCESS TO AND USE OF THE WEBSITE AND THE ZOHUKUM SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF ZOHUKUM' SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR OTHERWISE WITH RESPECT TO THE ZOHUKUM SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE ZOHUKUM SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE ZOHUKUM SERVICES.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL ZOHUKUM OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO SERVICE PROVIDER/STORE/COMPANY/PROPRIETOR/INDIVIDUAL/IN VARIOUS FORMS AND CAPACITIES(ONE WHO SERVES OR OFFERS GOODS AND SERVICES) OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE WEBSITE OR THE ZOHUKUM SERVICES, EVEN IF ZOHUKUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ZOHUKUM' LIABILITY TO SERVICE PROVIDER/STORE/COMPANY/PROPRIETOR/INDIVIDUAL/IN VARIOUS FORMS AND CAPACITIES(ONE WHO SERVES OR OFFERS GOODS AND SERVICES) FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SERVICE PROVIDER/STORE/SELLERTO ZOHUKUM FOR THE ZOHUKUM SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION FIRST ARISING.

INDEMNITY

Service Provider/Store/Seller hereby agrees to defend, indemnify and hold Zohukum and its affiliates, and each of their respective directors, officers, employees, services providers, and agents (collectively, the "Zohukum Indemnities") harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of Service Provider/Store/Seller Marketing Materials, the Website, the Zohukum Services, or any breach by Service Provider/Store/Seller of this Agreement. Notwithstanding the foregoing, Zohukum reserves the right, at Service Provider/Store/Seller expense, to assume the exclusive defense and control of any matter for which Service Provider/Store/Seller may be required to indemnify an Zohukum Indemnities, and Service Provider/Store/Seller agree to cooperate, at Service Provider/Store/Seller expense, with Zohukum' defense of such claims. Zohukum will use reasonable efforts to notify Service Provider/Store/Seller of any such claim, action, or proceeding which may be subject to this indemnification upon Zohukum becoming thereof.

INSURANCE

Service Provider/Store/Seller shall at all times maintain comprehensive public liability insurance (which may be under a blanket policy), issued by a licensed insurer, insuring Service Provider/Store/Seller against any liability arising out the lease, use, occupancy of maintenance of its premises and all areas appurtenant thereto and the operation of the business, which will have a limit of not less than 2,000,000/- combined single limit for injury to, or death of, one or more persons per occurrence, and for damage to tangible property per occurrence.

NOTICES

Except as explicitly stated otherwise, any notices given to Zohukum shall be given by email to team@Zohukum.com / team@Zohukum.com. Any notices given to Service Provider/Store/Seller shall be to the email address provided during the Registration Process (or as such information may be updated via the Website by Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) from time to time); provided, however, that Zohukum may also give notices via regular mail.

Additionally, Service Provider/Store/Seller may contact Zohukum at the address, fax, and telephone number provided below (as may be updated by Zohukum from time to time) with respect to any complaint regarding the Zohukum Services or to receive further information regarding the Zohukum Services.

Zohukum.com

Address :

Attn: Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) Support Department

Email : Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)@Zohukum.com

Email: support@Zohukum.com

Phone:

MISCELLANEOUS

This Agreement constitutes the entire agreement between Service Provider/Store/Seller and Zohukum regarding the use of the Zohukum Services; provided, further, that Service Provider/Store/Seller use of and access to the Website and the Zohukum Services shall also be subject to the Term of Use (currently available here http://www.Zohukum.com/TermConditions ). The failure of Zohukum to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement and Service Provider/Store/Seller account with Zohukum (including the Website and the Zohukum Services) may not be assigned by Service Provider/Store/Seller without Zohukum' express written consent. Zohukum may assign any or all of its rights and obligations to others at any time. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

MODIFICATIONS

Zohukum may modify this Agreement from time to time, and any such changes will (i) be reflected on the Website, (ii) be effective 30 calendar days after being so posted on the Website, (iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such change. Service Provider/Store/Seller agrees to be bound to any such changes and understands the importance of regularly reviewing this Agreement as updated on the Website to keeping Service Provider/Store/Seller contact information (as indicated in Service Provider/Store/Seller account details via the Website) current.

Notwithstanding anything to the contrary herein, Zohukum reserves the right to, at any time and from time to time, change, alter, modify, suspend, discontinue, or otherwise amend, temporarily or permanently, the Website and the Zohukum Services (or any part thereof) with or without notice. Service Provider/Store/Seller agrees that Zohukum shall have no liability to Service Provider/Store/Seller or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of the Website or the Zohukum Services.

Annexure – Packages/charges/registration forms

Advertisement and other marketing and sales charges and costs shall be mutually decided or may also be selected out of a standard package.

Signature on each page

Signatures

For Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) :

Witness:

 

For Zohukum : -Sd-

Additionally: Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) shall have to also sign on the General terms and conditions, privacy policy which are applicable to both Customers and Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s. Many of the General Terms and Conditions and Privacy Policy are applicable on both the customers and Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s.

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 signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.zohukum.com website.

I, (user) do hereby state and confirm on behalf of myself and others availing the services booked by me, that I have perused the How to Book rules, Terms and Conditions, relevant webpages, itinerary, user agreement, privacy policy and we accept and undertake to abide by the same.

Additional Buyer and Sellers Common Terms and Conditions forming part of the overall terms and conditions of the agreement for buyer (a natural and live buyer, it will be onus and responsibility of the buyer to confirm and prove its KYC- Know your Customer requirements to authorities and to the website from time to time, an undertaking is construed that the information provided is true and correct and for any wrong information provided, liability will be of the user, website shall give access based on the information provided and verified by using mobile number and email as there is no physical process of verification and also there is no requirement as of now to have the documents confirming the submitted information) , direct buyer, bid buyer in case of best buy, query and or for any transaction.

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you", "your" "caller" or "user") and Palm Top Enterprises Pvt. Ltd. ("Zohukum" "we," or "our") that governs your use of the search, booking services or any other services offered by Zohukum through its website www.Zohukum.com ("Website"), telephone search, SMS, WAP or any other medium (collectively "Media" ). When you access, use or book any orders using any of the Media you agree to be bound by these Terms and Conditions ("Terms"). By registering on the website, an individual, Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)( either by way of a limited liability, proprietor firm, corporate entity, society, ngo, or any other form etc in whatsoever form), third parties become a member and accept the terms and conditions, privy and part of the privacy policy, and shall be deemed to have read the disclaimer.

1. Interpretation

"Agreement" is for the purposes of for placing an order of goods/query through its service provider/store/seller/advertiser registered/listed/classified/ shared as part of published information with Zohukum as described in this agreement. All the orders/enquiries placed by you through its website www.Zohukum.com ("Website"), telephone search, SMS, WAP or any other medium, will forwarded by “Zohukum” to the advertisers/published/listed/classified vendors/members/suppliers/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s listed with us, for further processing of your orders/query.

"Goods" means Goods described in an Order/Query/Cart/website pages form. Photographs and goods and services shall not be the same and there shall be differences. Branded sealed products and suppliers / vendors will be responsible for the goods, products and services provided as the website /media of Palm Top Enterprises Pvt Limited (thru its website) Zohukum.com is a human intervention free direct and web portal facilitating Goods/Products/Services of any(permitted) nature by way of either online booking, ordering or sending query ordering by the use of technology for making things easier and innovating by way of bringing the service providers / sellers/stores/vendors in competition and to you for a completely new experience.

"Intellectual Property Rights" Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.

"Order" means an enquiries/ query/ orders / booking request placed by you through Zohukum which will in turn will be forwarded to respective Advertiser/sellers/service providers/store/vendors  listed with Zohukum. The Order will be directly between the supplier/vendor/member/listed/unlisted/published/sourced from publicly available information/advertiser.

"Product List" means the list of Goods/services displayed on the www.Zohukum.com web site as amended from time to time.

Zohukum is a technology platform which tries to make customers as king by giving them opportunity to post their orders and query which either they can decide to send to their selection of service provider/seller/store. Simultaneously, buyer / interested in seeking information/send a order query with time validity and also can send special instructions, share his / her contact details and can use phone, sms, e mail, chat  or any other available mode of the technology platform. The objective is to bring the competition and better services at the grass root level and also some price discovery and better discounts resulting in savings. We may also try and share and inform the tentative calories either from the disclosed printed published information from the products or from the source which may again be indicative.

Zohukum also initiates to provide aggregation services wherein buyers of large quantities in wholesale can refer / invite / their vendors and make them compete and get the best price and best services with best of the quality.

The process is by way of Registration with correct details, creating list of items to be ordered or queried, using cart sending the same to either single service provider/seller or to multiple, getting the quotes and deciding which one to select.

By way of features and capability, we at Zohukum, have tried and shall continue to make the life of the buyers easier and better by way of bringing the options to buyers so that they can get better price, quality and services.

Business Model of www.zohukum.com is to utilise the technology and to make the processes human intervention free with the self sustainable platform/exchange. We do not promote and believe in physical visits and follow up by way of calls. All complaints and concerns and feedback can be given by way of raising tickets, sending sms/e mail/missed calls as the case may from time to time Any discount and benefit should be passed on to the customer and we believe in making the buyer experience "WOW" Customer is King and service providers and sellers / stores should Say "Zohukum Mere Aka".

Buyers conduct

The Buyer undertakes that it will act in a responsible and professional manner. The Buyer agrees not to manipulate any event of purchase/query /transaction and will not use any data except as between the buyer ad seller and that the prices and information shall be indicative on the website.

The Buyer agrees to comply at all times with applicable legislation.  Zohukum reserves the right to terminate any agreement with a agreement and terms and condition/ block and terminate any transaction which is not in compliance of the trust, fair, transparent and social norms and is not within the norms of the best market practices and any such act by the buyer shall tentamount to breach of the agreement and terms and conditions contained in the agreement.

Sellers/store/service provider as a seller to the buyer Conduct

Bidders - either in case of direct buy orders, requests, query undertake or in any transaction where zohukum platform is used or is used as reference / referral(where transaction happened and is updated in the system later) that they will act in good faith at all times in all dealings with zohukum or other Users and inline with the reverse auction and / or the unique concept started by the zohukum whether it is forward or reverse. Bidders will only make Bids in the Event to which they intend to be bound.

Bidders will not collude with other Users or third parties in order to manipulate the Event/order/transaction nor will they share pricing information with each other. Users will indemnify zohukum against all liability arising out of any breach of these terms .

Liability

Zohukum is not responsible for the actions of Buyers or Bidders who use this site. The Users should make any complaints or claims they may have relating to any of their activities directly to the seller/store / vendor/ service provider / person/company concerned and also through zohukum platform.

Zohukum shall not be liable to the Buyer for any indirect or consequential loss from any breach of zohukum's obligations under these terms.

The Buyer acknowledges that Zohukum shall not be liable to any User for any direct, indirect or consequential loss arising from any loss of connection to the Website or Event / order/ transaction.

Zohukum have no liability for any data downloaded from this website or as part of the service. Zohukum do not accept liability for any indirect or consequential loss however caused as a result of any computer virus, bugs, or other similar programmes arising from the Users use of the website. Zohukum will obviously do their best on their best effort basis and with the dependence on technology and network, connection and data movement / speed related issues to protect their site but it is the Users responsibility to take precautions against these issues.

 

2. Applicability 

The terms of use will be applicable between You and www.Zohukum.com (Palm Top Enterprises Pvt ltd) once you have registered on the website and it shall not be when the order for goods and services are placed.

 

3. Placement of Order 

You have the option of placing the order by using numbers of Zohukum or by using the booking facility provided on the web, wap or by any other means as introduced by Zohukum from time to time.

Zohukum does not sell or claim to sell any liquor or any other product online by itself. Zohukum facilitates direct customer orders and forwards them to the advertiser which may or may not choose to complete the order and there are addresses and phone numbers of the vendors/members/suppliers/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s are already shared on the website. Ordering / using Zohukum channels of sms, e mail, website, wap, (collectively communication/media options) shall qualify customers for benefits as the case may be.

Zohukum is also not responsible for the Quality of any Goods/Products/Services of any nature by way of either online booking, ordering or sending query products ordered from the website.

To order Goods/Products/Services of any nature by way of either online booking, ordering or sending query using Zohukum Media/Communication Channels/website, you must be of legal age as specified by the appropriate authority and/or as defined in this agreement. Kindly note that persons under 25 years of age residing in Delhi and Mumbai (or any other age limit/or any other restrictions specified by the appropriate authorities) are not permitted to place orders for alcohol, its related goods and any other specified goods by the appropriate authority. Zohukum hereby confirms that it does not own any liquor store and is not responsible for selling and delivering liquor or any other related or even unrelated goods.

Delivery of any liquor and its related items will be in accordance with the licensing laws and any other applicable laws to which advertiser is subjected to as per the law of the land.

4. Completed Orders 

Completion of orders and requests needs to be followed and directly handled between the seller/store/service provider and the buyer. However, as best effort basis, we shall try and get the delivery / logistics companies if possible, we do not claim, assure and also advise and publish anywhere that the same shall be supported / provided by Palm Top Enterprises Pvt Ltd and that shall provide only technology platform, information and communication/media and medium to reach to the Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s and members/service providers / Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s / goods suppliers. Information about order and requirement / requests are to be handled directly to avoid communication gaps. Any error and complaints shall be taken up for resolution as a matter of arbitration and role and responsibilities of “Zohukum “ will be that of a facilitator as there is no consideration to the contract with the Customers/Individuals. Completion of orders has got nothing to do with the satisfaction and taste as it is subjective and return policy of individual vendor / goods and services provider will prevail and shall be between the customer and Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s/good supplier.

5. Delivery 

You hereby confirm all products/goods/ingredients/Goods/Products/Services of any nature by way of either online booking, ordering or sending query/services are subject to availability and You acknowledge the fact that Bookings/Orders/Requests/query are passed on /facilitated by Zohukum but the goods/products are delivered by advertiser/classified/published/ listed with Zohukum.

We are not involved in Medicine or any other product delivered by the vendor/ chemist which is not having an Zohukum ID.

6. Miscalculation of Charges/Fees 

If the calculation of the fee/charges is insufficient to cover the actual cost of goods which is paid by the advertiser to its wholesaler/supplier, then Advertiser/service provider/seller is not obligated to fulfill your order. Where Advertiser/service provider/seller chooses not to absorb the additional fee, Advertiser/service provider/seller will notify you that the calculations are different from real costs and offer you the option of paying the difference and going ahead with the order. You may choose to proceed and pay the higher delivery fee or cancel the order. All this is directly managed by the customer with the vendor/listed/published Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services).

7. Returns or Refunds 

We shall on best effort and as facilitator try to arrange the support / logistics to pick and deliver back the physical goods by the same has to be accepted by your seller. Any Return Charges/ Delivery Charges as may be applicable will have to to be paid by the Buyer.

If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the vendor/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/goods/service provider directly and also write to us with your complaint. It will be noted and will forwarded to the respective Advertiser/service provider/seller /supplier for its resolution or you can directly complaint to Advertiser/service provider/seller and may claim for a credit, replacement or refund of the purchased damaged or incorrect product directly from the supplier/vendor/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/member/published/listed Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services). Further, You hereby confirm and agree that the You will not claim or allege anything against Zohukum or (Palm Top Enterprises Pvt Ltd) in respect of the goods which are provided it to you by the Advertiser. As the website and services of Zohukum are in the nature of facilitator and totally dependent on technology without human intervention and without any consideration from the customers.

8. Pricing 

Zohukum reserves the right to alter prices of goods at any time as requested by the respected advertiser/published/listed Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s of goods/ or they can directly do the same as they have direct access to do the same. All prices quoted are in Indian National Rupee (INR). All orders are subject to availability and confirmation by the advertiser of the goods and services. All prices are for indicative purpose. As billing is directly by the Store / Seller / Service Provider on to the buyer and only a reference of zohukum is expected to be there, the transaction is between the buyer and seller.

If any product ordered is unavailable or incorrectly priced then Advertiser/service provider/seller will advise you the correct price of the product before delivery or recommend a suitable substitute.

9. Cancellation and Modification 

Cancellation or modification of any bookings made facilitated through Zohukum media/communication channels shall be strictly in accordance with the Advertisers/published/listed/classified vendors/members/suppliers/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s modification and cancellation policy, including with respect to refund. You may directly for processing any requests pertaining to cancellation or modification. The cancellation and modification request shall be directly handled and managed by the customers. In case of issues and complaints, the same may be written to Zohukum.

10. Content disclaimer: 

As billing is directly by the Store / Seller / Service Provider on to the buyer and only a reference of zohukum is expected to be there, the transaction is between the buyer and seller.

We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. We also do not have any control and responsibility over the content of the Goods/Products/Services of any nature by way of either online booking, ordering or sending query/services of Advertisers/published/listed/classified vendors/members/suppliers/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.

We derive our information from sources which we believed to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith and as a facilitator. The information, listing etc may change and may be from published sources. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.

We reserve the right to change, update or terminate the Website and Content or any part of them at any time in our absolute discretion, without notice or liability to you.

All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Media.

Zohukum reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Media. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies. As the vendors / suppliers / Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s are all having direct access to their information for updating the same. They may or may not have updated, and accordingly the direct management of orders and its complete processing is in the hands of customers.

We reserve the right to disable links to or from third-party sites to any of our Media, although we are under no obligation to do so. This right to disable links includes links to or from advertisers/published/listed/classified vendors/members/suppliers/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

All those sections in the Media that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Zohukum will at no point of time be responsible for the accuracy or correctness of such information. Zohukum reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers/published/listed/classified vendors/members/suppliers/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s and impose/relax Media access rules and regulations for any user(s).

Zohukum also reserves the right to impose/change the access regulations of the Media , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Media.

While every attempt has been made to ascertain the authenticity of the content in the Media, Zohukum is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Media including but not limited to any decisions based on content in the Media resulting in loss of data, revenue, profits, property, infection by viruses etc.

11. Warranty Disclaimer: 

Please remember that any provider of goods or services is entitled to register with Zohukum and does not examine whether the advertisers/published/listed/classified vendors/members/suppliers/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to booking / availing services. Zohukum has also not negotiated or discussed any terms of engagement with any of the advertisers/published/listed/classified vendors/members/suppliers/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s. The same should be done by you. Booking, Purchasing and availing goods and services from advertisers/published/listed/classified vendors/members/suppliers/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)s shall be at your own risk.

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Media.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you information or offer in or in connection with the Media.

 

THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZOHUKUM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED AS PER LAW, EXTANT GUIDELINES AND THE OBJECTIVE OF FACILITATION DOES NOT CALL FOR ANY MALIGNED/NEGATIVE OBJECTIVES AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. ZOHUKUM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ZOHUKUM DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

12. DISCLAIMER 

The "Zohukum” or “Zohukum” or Palm Top Enterprises Pvt Ltd are used inter-changeably offers collated published information that the name and contact information of the advertiser and the category in which the advertiser is listed are correct and this may change based on various functionality and objective parameters as search options gives the flexibility of searching based on multiple options/features which are enough to find supplier/vendor/advertiser/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/member. Zohukum makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.

13. ADDITIONAL DISCLAIMER: 

Users using any of Zohukum service across the following mediums i.e. through internet i.e. www.Zohukum.com Website, Wap, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon, make any kind of booking or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser/Member/Published Information/ Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/Vendor/supplier listed /Published with Zohukum.

All the Users are cautioned that all and any information/products/goods or services of whatsoever nature provided or received from the Advertiser/Member/Published Information/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/Vendor/supplier listed /Published is taken in good faith, without least suspecting the bonafides of the concerned parties/entities/ supplier/vendor/advertiser/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/member and Zohukum does not confirm, does not acknowledge, or subscribe to the claims and representation made by the supplier/vendor/advertiser/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/member listed with Zohukum. Further, Zohukum is not at all responsible for any act of supplier/vendor/advertiser/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/member listed at Zohukum.

14. Unlawful Activity 

We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information etc...

15. Risk and Title 

Risk in the transaction and goods passes to you upon getting registered and also the consideration amount and contract of delivery is direct between the supplier/vendor/advertiser/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/member and delivery of the goods to the delivery address by the Zohukum supplier/vendor/advertiser/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/member.

16. Indemnity 

You agree to indemnify Zohukum and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys' fees) that may arise from your submissions, and from your unauthorized use of goods obtained by using Zohukum technology/platform/media (via its supplier/vendor/advertiser/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/member), from your breach of this Policy, or from any such acts arising through your use of www.Zohukum.com. These obligations will survive any termination of the Terms.

17. Limitation of liability: 

You acknowledge that Zohukum is provided "as is site" and that Zohukum is not making and has not made any warranty or representation as to suitability, merchantability, quality of the goods which will be supplied or delivered by its listed supplier/vendor/advertiser/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/member for any particular purpose. You agree that in using Zohukum, You are not relying on any statement representation made by Zohukum which is not expressly contained in this Agreement.

 

IN NO EVENT SHALL ZOHUKUM BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF ZOHUKUM ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. ZOHUKUM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. 
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

18. Changes: 

We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, do not use the Website. If following any such change or modification you continue to use the Website or Content, you will be deemed to have accepted those changes or modifications. Moreover, the technology, functionality and features permits direct access to the platform and permits them to update their information, update Goods/Product/Services List’s, photo’s, details. This makes them liable directly and also considering the power and features of the internet and technology coupled with software's, it is the responsibility to be informed as we are not charging anything from individuals and buyers of any nature considering we have given open access to update and also share the changes. Trust, good faith and other positive means and objectives are the basis of facilitator and media/services.

 

19.Privacy Policy: 

Zohukum is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY. You hereby confirm and acknowledge that the contact details and other details provided by you on the internet/print/broadcast media and to Zohukum will be used and forwarded by Zohukum to the respective supplier/advertiser/vendor/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services)/member/publisher for which call or enquiry has been made by you.

20. General Instructions 

Zohukum’s listed advertiser/supplier/vendor/Service Provider/Store/Company/Proprietor/Individual/In various forms and capacities(One who serves or offers goods and services) or actual business owners who has processed and delivered your order/request as per your request is solely responsible for quality, delivery and billing of the products. Zohukum only acts as a facilitator and technology and classified/ publisher / channel between you and the actual business owners/listed member/supplier/vendor/ advertiser. 

We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Website or its Content for any particular purpose. 

We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the goods supplied/delivered by the Advertiser/member/vendor/supplier/publisher. 

We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website's inability to meet your need. 

We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond our control. 

For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.

21. Force Majeure 

Zohukum and its advertiser will be not be liable for breach of this terms of use to the extent caused by or arising from prohibition or restriction by law or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labor problems, accident, riots, acts of God or any other events which is beyond its control.

22. Arbitration 

In the event a dispute arises between the Service Provider/Store/Seller and customers and Zohukum as per the terms of use, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 180 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Delhi. The arbitration shall be conducted by a sole arbitrator appointed by Zohukum. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

23. Governing Law and Jurisdiction  

This terms of use shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Delhi, India.

24. Provisions are severable  

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

Please exit www.Zohukum.com Zohukum Media , if you don't agree to the terms contained in this Policy, For further queries & assistance, you may write to us on policy@Zohukum.com

Privacy Policy

This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our websites, emails, and mobile applications (" Our Services"). The terms "we", "us", "our", and "Zohukum" refer to Palm Top Enterprises Private Limited, incorporated in India. When you use the Service, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.

We may change this Privacy Policy at any time by posting a revised Privacy Policy on this page; such changes will be effective upon posting.

The Service may provide links to third party websites. This Privacy Policy does not apply to any information you may provide while on such third party websites. We encourage you to carefully read the privacy policies on those third party websites before providing any of your information on such sites. In every respect, by using Zohukum, you agree to be bound by terms of this Privacy Policy.

Information we collect and how we use it When you visit or use our Service, we collect and store information about you, your computer or mobile device and your activities. This information may include, but is not limited to: Your computer’s IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system).

Your mobile device’s unique ID number (when available); your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically).

Your account information: your provided full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. Your profile picture that will be publicly displayed as part of your account profile. You may optionally provide us with this information through third party sign-in services such as Facebook Connect and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services. Your content: The information that you post to the Service, including your reviews, photos, comments, likes, lists, followers, the users you follow, and your account profile.

The URL of the last web page you visited before visiting our Service. The search terms you have looked up and results you selected; how long you visited our Service and which features you used Communications between you and other users or merchants through our Service; the ads you clicked on. Your transactional Information: If you make reservations or purchases through the Service, we may collect and store some information about you to process your requests and automatically complete forms for future transactions. These may include data including (but not limited to) your phone number, address, email, and credit card information. 

This information may be shared with third parties who help process and fulfill your requests. When you submit credit card numbers, we encrypt the information using industry standard technologies . If you write reviews about businesses with which you transact through the Service, we may publicly display the fact that you transacted with those businesses.

We use the information to improve the Service's functionality, quality and also personalize your experience. We also use this information to display relevant advertising, provide support, message you, and comply with legal obligations. Please note that some of this information is automatically collected without you voluntarily choosing to provide this information to us.

Cookies & Mobile Device IDs

Cookies: When you visit our Service, we may place “cookies” on your computer to recognize you. We do this to store your preferences, collect statistical data and track your use of our Service. Ad companies (including but not limited to Google and Facebook) may also place cookies on your computer to track your activities across various sites so that they can display targeted ads.

Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. If you prefer not to accept cookies, you may adjust and configure your browser settings accordingly. However, if you turn off cookies, or refuse to accept a request to place a cookie, some features and services on the Service may not function properly.

Mobile Device IDs: If you’re using our Service on mobile, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of the Applications. Unlike cookies, device IDs cannot be deleted. Ad companies may use device IDs to track your use of the Applications, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies may use device IDs to track information about usage of the Applications.

Parties

We may also share your information with other companies for various reasons. What information we make available to other companies depends on the nature of our relationships with them. We generally require these other companies to keep our users' information confidential.

Legal Matters

We may use or disclose user information: in response to a legal request, such as a subpoena, court order, or government demand; to comply with the law; in connection with a threat of litigation; to investigate or report illegal activity; to protect our legal rights, our customers, our Service or users of our Service; or to enforce our rights or defend claims. We may also transfer your information to another company in connection with a corporate restructuring, such as a sale or merger. 

Zohukum may need to contact you to comply or cooperate with a legal request. For this purpose, we will use the email address provided to us by you. All communications sent by Zohukum at such email address shall be deemed to have been communicated to you. 

Children

Our Service is not intended for use by children under the age of eighteen (18). We do not knowingly allow children under the age of eighteen (18) to register for any service, and we do not knowingly collect any personally identifiable information from children under the age of eighteen (18). If you become aware that a child has provided us with personal information without parental consent, please contact us at privacy@Zohukum.com. If we become aware that a child under eighteen (18) has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.

Job Applicants

If your information is submitted to us through our Service when applying for a position with our company, the information will be used to consider your application. We may retain your information for any period of time. This information may be shared with other companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyse candidate submissions for job postings.

Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Data Retention and Account Termination

You can close your account by visiting your profile settings page on our website. We will remove your public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under various Privacy Policy and terms unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations.

Dispute Resolution

If you believe that www.Zohukum.com has not adhered to its Privacy Policy you may write to us online by emailing privacy@Zohukum.com or write to us at the following address:

Palm Top Enterprises Pvt Ltd,

Post Box Number

Delhi

Data Jurisdiction

The information we obtain from or about you may be processed and stored in India and our other various servers located across the globe. Each location may provide for different data protection rules than the country in which you reside. If you have any questions relating to your personal data, please write to us on privacy@Zohukum.com