The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of http://zigmaads.com (hereinafter referred to as "web site"), which promotes business between suppliers and buyers globally. It is an agreement between you as the user(s) of the web site (the "User(s)") and Zigma Marketing (India) Private Limited. (hereinafter referred to as "Zigma").
1. TERMS
i. This agreement applies to user(s) who access the web site for any purpose. For the purpose of this agreement, user includes legal entities represented by you under actual or apparent authority.
ii. This agreement applies to all the services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).
iii. In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
2. WEBSITE- MERELY A VENUE/PLATFORM
i. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between Zigma and other party.
ii. Zigma only facilitates online payment by providing a payment link to payment Gateway as an option. Customers have the option of doing NEFT/ RTGS payments or walk-into our offices to make card payment should they desire.
iii. Confirmation of online payment by mail does not imply receipt of payment at our end and we shall retain our discretion to hold on to the advertisement till such payment is credited to our bank.
iv. In case of failure of transaction, Zigma is in no way responsible or connected with such process. Customers need to check with their bankers the reasons for such failed transactions.
v. Acceptance of payment confirmation or receipt of payment does not imply guaranteed publication of the advt. Publication of advertisement shall be at the sole discretion of The Hindu or their allied group of companies, subject to space availability, copy norms and other factors. Zigma shall not be held responsible for any unpublished advertisement or any error in publication attributed to The Hindu.
vi. Publication of ads is done on best efforts basis and no guarantee or assurance of any kind is given for the same. Zigma does not guarantee any response for the ad which may or may not have been created by them at the client's request.
vii. Cancellation of ads is solely at the discretion of The Hindu subject to advertisement deadlines. No cancellation shall be permissible in respect of ads beyond the stipulated deadlines. The decision of the publication in this regard shall be final and binding. All customers are advised to familiarise themselves with the deadlines of their respective advertisements before placing the advertisement.
viii. Cancellations which are feasible and duly confirmed by us shall be refunded after deduction of 10% cancellation charges.
ix. Refunds for advertisements not published due to reasons beyond our control shall be made in full without any deduction of charges.
x. Cancellations and refunds as stated in point no. viii and ix. shall be processed and made within 15 working days of such advertisement.
xi. Consequential liability of any kind is neither expressed nor implied in any of the cases listed above or in any matter relating to publication of advertisements.
3. USER(S) ELIGIBILITY
i. User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by Zigma.
ii. User(s) must not be a minor as per Indian Law, user(s) must be at least 18 years of age to be eligible to use our services.
iii. Zigma advises its users to follow/abide by the related laws.
iv. Consequential liability of any kind is neither expressed nor implied in any of the cases listed above or in any matter relating to publication of advertisements. Zigma is not responsible for the possible consequences caused by your behaviour during use of web site.
4. INTELLECTUAL PROPERTY RIGHTS
Zigma is the sole owner and lawful proprietor and licensee of all trademarks, copyright, database rights and other intellectual property rights of any nature (including those that had not been expressly claimed) protected under the Indian laws in respect of the name and mark – ZIGMA and our products and services. All title, ownership and intellectual property rights in the web site and its content shall remain with Zigma.
You understand, acknowledge and agree that by using or having access to our website and online facilities, you acquire no right, title or interest whatsoever in or to the services provided by Zigma, as either of them exists now or in the future.
5. LIMITATION OF LIABILITY/DISCLAIMER
The website and Zigma hereby expressly disclaim any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
Under no circumstances shall Zigma be held liable for an delay or failure or disruption of the content or services delivered through the web site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the web site (including but not limited to the display of your information on the web site) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to web site.
6. NOTICES
All notices or demands to or upon website shall be effective if in writing and shall be duly made when sent to Zigma in the following manner: to Plot No.62 Door No.18D Thirumangai Mannan Street, Sundaram Colony, East Tambaram, Chennai - 600 059.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to web site, or by posting such notice or demand on an area of the web site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when web site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon web site's posting such notice on an area of the web site that is publicly accessible without charge.
7. GOVERNING LAW AND DISPUTE RESOLUTIONS
Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be governed in all respect by the laws of Indian Territory. Zigma considers itself and intended to be subject to the jurisdiction only of the Courts of India. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu, India.
8. SEVERABILITY
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
9. WAIVER
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
10. AMENDMENTS
Zigma reserves the right to amend or modify these Terms and Conditions at any time, and it is your responsibility to review these Terms and Conditions for any changes. Your continued use following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
