Terms and Conditions
Welcome to www.zookeeper.store brought to you by The Think Factory In using the www.zookeeper.store service, of The Think Factory (hereinafter referred as We, Us, Our, the Company, Think Factory) you are deemed to have accepted the terms and conditions listed below. All products/services and information displayed on www.Zookeeper.store constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. PLEASE READ THE TERMS CAREFULLY BEFORE USING, VIEWING, ACCESSING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
ELIGIBILITY TO USE
You should be atleast 18 (eighteen) years of age to use the Website and purchase any Products or avail any Services through the Website. If You do not conform to the above qualification, You are not permitted to purchase any Products or avail of the Services. You represent that You are of legal age to form a binding contract and are not a person barred from purchasing Products or receiving Services under the applicable laws.
The Company reserves the right to refuse access to the Website, and/or purchase of any of the Products and/or use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
USER ACCOUNT, PASSWORD, AND SECURITY
You will be responsible for maintaining the confidentiality of the Account Information, and fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Us of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. In the absence of such notification from You, any purchase transaction made on the Website through Your Account and/or in Your name shall be binding on You. Think Factory cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by Think Factory or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Think Factory has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Think Factory has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
CREDIT CARD/ DEBIT CARD/ INTERNET BANKING DETAILS
You agree to provide correct and accurate credit / debit card / net banking/ e-wallet details to the approved payment gateway for purchasing any Products and/or availing Services. You shall not use the credit / debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit / debit card / net banking/ e-wallet. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card/ net banking/ e-wallet details. Think Factory expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card/ net banking/ e-wallet.
FRAUDULENT/ DECLINED TRANSACTIONS
Think Factory reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Think Factory reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
While Think Factory strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is mispriced due to an error in pricing or product information, Think Factory shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Think Factory may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and We will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration/ order, or cancel the order and notify you of such cancellation.
You agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You will access the Website in accordance with the Terms
You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
INTELLECTUAL PROPERTY RIGHTS
Think Factory expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Our intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Think Factory. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Think Factory. You may not modify, distribute or re-post anything on this website for any purpose.
The names and logos and all related product and service names, design marks and slogans as appearing on this website are the trademarks or service marks of Think Factory. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner. References on this website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Our endorsement, sponsorship or recommendation of the third party, information, product or service.
We are not responsible for the content of any third party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Think Factory or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
You agree to defend, indemnify and hold harmless Think Factory, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms.
LIMITATION OF LIABILITY
To the fullest extent permitted under applicable law, We, our associates, parent companies, or suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or these Terms.
Without prejudice to the generality of the section above, Our total liability to you for all liabilities arising out of these Terms be it in tort or contract is limited to the value of the product ordered by you.
These Terms and Conditions of Use constitute the entire agreement between you and Think Factory and govern your use of the Website, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. These Terms do not apply to any affiliate services, third-party content or third- party software that does not or cannot reasonably be deemed to form part of the Website which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
We may suspend or terminate your use of the Website or any service if we believe, in our sole and absolute discretion that You have breached any of the Terms. We may also in our sole discretion and at any time discontinue providing the service, or any part thereof. Termination of your access to the use of the Website may be effected without prior notice to you, and you acknowledge and agree that We may immediately bar any further access to the Website
If You or We terminate your use of the Website or any service, We may delete any content or other materials relating to your use of the Website and will have no liability to you or any third party for doing so. You shall be liable to pay for any service or product that you have already ordered till the time of Termination by either party whatsoever.
GOVERNING LAW AND JURISDICTION
These Terms and the relationship between you and us shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. The Courts at Mumbai, India shall have exclusive jurisdiction in any proceedings arising out of these Terms.