Terms & Conditions
Terms & Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
PLATFORM.
By accessing or using this website, mobile application or other ZOHRAAS
product or service (collectively the “Platform”) on any computer, mobile phone,
tablet, console or other device (collectively, “Device”), you signify that you
have read, understand and agree to be bound by these Terms of Use and any other
applicable law, whether or not you are a registered member of ZOHRAAS. ZOHRAAS
may change these Terms of Use at any time without notice, effective upon its
posting to the Platform. Your continued use of the Platform shall be considered
your acceptance to the revised Terms of Use. If you do not agree to these Terms
of Use, please do not use this Platform.
IMPORTANT NOTICE FOR AMATEUR
ATHLETES YOU
ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE
ACTIVITIES OF THIS PLATFORM DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR
ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT
APPLY TO YOU. ZOHRAAS IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE PLATFORM
RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical
activity. Consider the risks involved and consult with your medical
professional before engaging in any physical activity. ZOHRAAS is not responsible
or liable for any injuries or damages you may sustain that result from your use
of, or inability to use, the features of the Platform.
INTELLECTUAL PROPERTY
All intellectual property on the Platform (except for User
Generated Content) is owned by ZOHRAAS or its licensors, which includes
materials protected by copyright, trademark, or patent laws. All trademarks,
service marks and trade names (e.g., the ZOHRAAS name )are owned,
registered and/or licensed by ZOHRAAS. All content on the Platform (except for
User Generated Content), including but not limited to text, software, scripts,
code, designs, graphics, photos, sounds, music, videos, applications,
interactive features and all other content (“Content”) is a collective work
under the United States and other copyright laws and is the proprietary
property of ZOHRAAS; All rights reserved.
PLATFORM USE RESTRICTIONS
You may use the Content only for your own non-commercial use to
participate in the Platform or to place an order or purchase ZOHRAAS products.
You agree not to change or delete any ownership notices from materials
downloaded or printed from the Platform. You agree not to modify, copy,
translate, broadcast, perform, display, distribute, frame, reproduce,
republish, download, display, post, transmit or sell any Intellectual Property
or Content appearing on the Platform, including User Generated Content (defined
below), without ZOHRAAS’s prior written consent, unless it is your own User
Generated Content that you legally post on the Platform. You agree not to use
any data mining, robots, scraping or similar data gathering methods. Nothing in
these Terms of Use shall be interpreted as granting any license of intellectual
property rights to you.
PRODUCT ORDERS
All orders placed through the Platform are subject to ZOHRAAS’s
acceptance. This means that ZOHRAAS may refuse to accept or may cancel any
order, whether or not the order has been confirmed, for any or no reason, and
without liability to you or anyone else. If your credit card has already been
charged for an order that is later cancelled, ZOHRAAS will issue you a refund.
SAFEGUARD YOUR
USERNAME/PASSWORD
You are responsible for any actions that take place while using
your ZOHRAAS account. Keep your username/password secure and do not allow
anyone else to use your username/password to access the Platform. ZOHRAAS is
not responsible for any loss that results from the unauthorized use of your
username/password, with or without your knowledge.
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information,
data, opinions, photos, profiles, messages, notes, website links, text
information, music, videos, designs, graphics, sounds, and any other content
that you and/or other Platform users post or otherwise make available on or
through the Platform, except to the extent the Content is owned by ZOHRAAS.
POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT
BE RESPONSIBLE
You are solely responsible for your User Generated Content, your
interactions with other users and your activity on the Platform. Do not take
any action or post anything that may expose ZOHRAAS or its users to any harm or
liability of any type.
BE RELEVANT AND CONSTRUCTIVE
Stay on topic and post only constructive comments and questions.
Unless the Platform feature asks for it, don’t talk about policies, future
products, speculations or rumors about ZOHRAAS and ZOHRAAS products, or
anything else off topic.
BE COURTEOUS AND APPROPRIATE
Flaming and insults are prohibited. Do not post User Generated
Content, or a link to a website, that, in ZOHRAAS’s sole discretion, is
illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive,
inaccurate, misleading, malicious, fraudulent, false, indecent, harmful,
harassing, intimidating, threatening, hateful, abusive, vulgar, obscene,
pornographic, violent, sexually explicit, invasive of privacy, publicity,
intellectual property, proprietary or contractual rights, offensive in a
sexual, racial, cultural, or ethnic context, will harm or threaten the safety
of others, or is otherwise objectionable. Do not post photos or videos of
another person without that person’s consent. Do not “stalk,” intimidate,
abuse, harm or harass another Platform user or person.
BE PRIVATE
Do not post personal information. Do not collect or solicit
personal information from other Platform users or send unsolicited emails or
other communications. Do not collect, use or post on the Platform the private
information of anyone else without their consent or for illegal purposes.
BE PERSONAL
The Platform is not to be used for any commercial purpose. Do
not post any advertising, solicitation or commercial content whatsoever on the
Platform or accept payment from a third party in exchange for your performing
commercial activity on the Platform. Do not post any User Generated Content
that involves the transmission of “junk mail,” “chain letters,” or unsolicited
mass mailing or “spamming.” Do not use automated scripts to collect information
from, or otherwise interact with, the Platform.
BE YOURSELF
Do not impersonate any person or entity, including without
limitation athletes or ZOHRAAS employees. Do not misrepresent yourself, your
age or your affiliation with any person or entity. Do not register for more
than one ZOHRAAS account, register a ZOHRAAS account on behalf of another
individual, group or entity, or sell or transfer your profile or account. Do
not use or attempt to use another person’s account, username or password.
BE ORIGINAL
You promise that you own or control all rights in any User
Generated Content that you post on the Platform. You are responsible for
ensuring that any User Generated Content that you post does not, and will not,
infringe or violate anyone else’s rights, including copyright, trademark,
patent, trade secret, privacy, publicity or other personal or proprietary
rights. You promise not to submit User Generated Content unless you are the
owner or have permission from the owner to post such User Generated Content and
grant ZOHRAAS all of the license rights granted in these Terms of Use.
BE LEGAL
Do not post any User Generated Content, take any action or use
the Platform in a way that violates any law, would create liability or promotes
illegal activities. Do not take any action on the Platform designed to
interfere, disrupt, damage, disable, overburden or limit the functionality of
any computer software or hardware, telecommunications equipment or the
Platform. Do not post User Generated Content that contains software viruses,
programs or other computer code. Do not circumvent or modify any Platform
security technology or software.
GENERAL RULES FOR USER
GENERATED CONTENT
CONTENT IS NOT PRESCREENED
ZOHRAAS does not prescreen User Generated Content. ZOHRAAS does
not guarantee the Platform will be free from User Generated Content that is inaccurate,
deceptive, offensive, threatening, defamatory, unlawful or otherwise
objectionable. ZOHRAAS is merely acting as a passive channel for such
distribution and is not undertaking any obligation or liability relating to any
User Generated Content or activities of users on the Platform. Even in the
event ZOHRAAS chooses to monitor any User Generated Content, ZOHRAAS assumes no
responsibility for, or any obligation to monitor or remove, such User Generated
Content. ZOHRAAS reserves the right to edit, remove, or refuse to post any User
Generated Content or terminate your registered account for any reason.
ELIGIBILITY AND REGISTRATION
To become a member of the ZOHRAAS Platform, or post User
Generated Content, you may be required to register for an account. You agree to
provide accurate and current information about yourself in all registration
forms on the Platform. This Platform is intended solely for users who are
thirteen (18) years of age or older and it is a violation of these Terms of Use
for anyone under 13 to register for the Platform. You represent and warrant
that you are 13 or older. Your account may be deleted without warning if you
misrepresent your age, whether older or younger.
ZOHRAAS’S RIGHTS TO YOUR
POSTING
Your User Generated Content is not confidential or proprietary.
You grant, and warrant that you have the right to grant, to ZOHRAAS a
non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual
right to use your User Generated Content in any manner or media now or later
developed, for any purpose, commercial, advertising, or otherwise, including
the right to translate, display, reproduce, modify, create derivative works,
sublicense, distribute, assign and commercialize without any payment due to
you.
COPYRIGHT INFRINGEMENT
COMPLAINTS
If you believe that your work has been improperly copied and
posted on the Platform, such that it constitutes infringement, please provide
us with the following information: (1) name, address, telephone number, email
address and an electronic or physical signature of the copyright owner or of
the person authorized to act on his/her behalf; (2) a description of the
copyrighted work that you claim has been infringed; (3) a description of where
on the Platform the material that you claim is infringing is located; (4) a
written statement that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and (5) a
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf. These requirements must be followed to
give ZOHRAAS legally sufficient notice to ZOHRAAS of infringement. Send
copyright infringement complaints to:
Legal Department (Copyright)
Zohraas #1 Kolone Quarters Chungam Pappinnisseri Kannur Kerala
India 670561
We suggest that you consult your legal advisor before filing a
notice with ZOHRAAS’s copyright agent, because there may be penalties for false
claims.
LINKS
The Platform may contain links to websites, applications or
other products or services operated by other companies (“Third Party
Platforms”). ZOHRAAS does not endorse, monitor or have any control over these
Third Party Platforms, which have separate terms of use and privacy policies. ZOHRAAS
is not responsible for the content or policies of Third Party Platforms and you
access such Third Party Platforms at your own risk.
MOBILE SERVICES
The Platform contains services and features that are available
to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all
mobile services will work with all carriers or Devices. By using ZOHRAAS’s
mobile services, you agree that we may communicate with you by electronic means
to your mobile Device and that certain information about your use of these
services may be shared with us. If you change or deactivate your mobile phone
number, you must promptly update your account information to ensure that we
don’t send your messages to a different person.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ZOHRAAS, Inc,
its affiliates, officers, directors, employees, agents, licensors and suppliers
from and against all claims, losses, liabilities, expenses, damages and costs,
including, without limitation, attorneys’ fees, arising from or relating in any
way to your User Generated Content, your use of Content, your use of the
Platform, your conduct in connection with the Platform or with other Platform
users, or any violation of these Terms of Use, any law or the rights of any
third party.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other
people, whether online or in person. ZOHRAAS is not responsible or liable for
any loss or damage resulting from any interaction with other Platform users,
persons you meet through the Platform, or persons who find you because of
information posted on, by or through the Platform. You agree to take reasonable
precautions in all interactions with other users on the Platform, and conduct
any necessary investigation before meeting another person. ZOHRAAS is under no
obligation to become involved with any user dispute, but may do so at its own
discretion.
WARRANTY DISCLAIMER
ZOHRAAS is not responsible or liable for any User Generated
Content or other Content posted on the Platform or for any offensive, unlawful
or objectionable content you may encounter on or through the Platform. The
Platform, User Generated Content, Content, and the materials and products on
this Platform are provided “AS IS” and without warranties of any kind. To the
fullest extent permitted by law, ZOHRAAS disclaims all warranties, express or
implied, including, but not limited to, implied warranties of title,
merchantability, fitness for a particular purpose and non-infringement. ZOHRAAS
cannot guarantee and does not promise any specific results from use of the
Platform. ZOHRAAS does not represent or warrant that the Platform will be
uninterrupted or error-free, that any defects will be corrected, or that this
Platform or the server that makes the Platform available are free of viruses or
anything else harmful. To the fullest extent permitted by law, ZOHRAAS does not
make any warranties or representations regarding the use of the materials or
Content in the Platform in terms of their correctness, accuracy, adequacy,
usefulness, reliability or otherwise. You understand and agree that you
download or otherwise obtain Content at your own risk, and that you will be
solely responsible for your use and any damage to your mobile Device, computer
system or other Device in which you access the Platform, loss of data or other
harm of any kind that may result. ZOHRAAS reserves the right to change any and
all Content and other items used or contained in the Platform at any time
without notice. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
ZOHRAAS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA,
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE
PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF
OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A ZOHRAAS
EVENT OR ANY USER GENERATED CONTENT, EVEN IF ZOHRAAS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF
THE PLATFORM. YOUR ONLY REMEDY AGAINST ZOHRAAS FOR USE OF THE PLATFORM OR ANY
CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF ZOHRAAS IS FOUND TO BE
LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR
USE OF THIS PLATFORM OR ANY CONTENT, ZOHRAAS ‘S LIABILITY SHALL NOT EXCEED
US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS
You agree that this Platform shall be deemed a passive website
solely based in Oregon, USA, which does not give rise to personal jurisdiction
over ZOHRAAS in jurisdictions other than Oregon. You agree that this Platform,
Terms of Use, Privacy Policy and any dispute between you and ZOHRAAS shall be
governed in all respects by Oregon law, without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. These Terms of Use are further subject to Oregon
Revised Statutes Chapter 72, “Sales”. Except where prohibited, you agree that
all disputes, claims and legal proceedings directly or indirectly arising out
of or relating to this Platform (including but not limited to the purchase of ZOHRAAS
products) shall be resolved individually, without resort to any form of class
action, and exclusively in the state or federal courts located in Multnomah
County, Oregon. You consent to waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to venue and jurisdiction in
the state and federal courts of Multnomah County, Oregon. Any cause of action
or claim you may have with respect to the Platform (including but not limited
to the purchase of ZOHRAAS products) must be commenced within one (1) year after
the claim or cause of action arises. By using the Platform, you agree to
receive certain electronic communications from ZOHRAAS. You agree that any
notice, agreement, disclosure or other communication that ZOHRAAS sends you
electronically will satisfy any legal communication requirements, including
that such communications be in writing. ZOHRAAS ‘s failure to insist upon or
enforce strict performance of any of these Terms of Use shall not be considered
a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall modify any of these Terms of Use. ZOHRAAS may
assign its rights and duties under these Terms of Use to any party at any time
without notice to you.
SEVERABILITY
If any provision in these Terms of Use is held invalid, the
remainder of these Terms of Use shall continue to be enforceable. If any
provision in these Terms of Use is deemed unlawful, void or unenforceable, then
that provision is deemed severable from these Terms of Use and the remaining
provisions are still valid and enforceable.
TERMINATION
ZOHRAAS reserves the right in its sole discretion to terminate your account,
delete your profile and any of your User Generated Content, and restrict your
use of all or any part of the Platform for any or no reason, without notice,
and without liability to you or anyone else. ZOHRAAS also reserves the right to
block users from certain IP addresses or Device numbers and prevent access to
the Platform. You understand and agree that some of your User Generated Content,
such as that which is displayed outside your profile, in activity feeds, in
other parts of the Platform, or on other platforms (e.g., Facebook, Twitter,
Google, etc), may continue to appear on the Platform or on other platforms even
after your User Generated Content is removed or your account is terminated.
These Terms of Use remain in effect even after your account is terminated. The
Terms of Use relating to Intellectual Property, Indemnification, User
Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability,
Miscellaneous, Severability and terms that by their nature may survive
termination shall survive any termination.
SHIPPING & HANDLING
We ship orders via Indian Postal Services, BlueDart, DHL, FedEx, and UPS depending on the shipping speed
requested and package size.
At checkout, we offer 3 shipping options: Economy 5 to 7 business days,
Standard 3 to 5 business days and Express 1 to 2 business days.
We make every effort to ship your entire order in one shipment, in the rare
occasion that is not possible you will be notified of more than one package is
being sent and when to expect delivery.