Terms of Use

1. Use of Platform

Welcome to The website www.zithara.com (“Site” or “Zithara”). The website www.zithara.com is owned and operated by Zithara Technologies Pvt Ltd (‘Zithara’), a company incorporated under the provisions of the Companies Act 2013 with its registered office #2 meenakshi Bamboos, Gachibowli, Hyderabad- 500019.

Zithara is referred to as Zithara and the Site is referred to as the Platform. You may access our Site from a computer or mobile phone device and these Terms of Use shall govern your use of our Site and your conduct, irrespective of the means of access.

The platform can only be used for your personal , non-commercial use and information purposes. Your use of the Platform’s services and features shall be governed by these Terms and Conditions (hereinafter ‘Terms of Use’) and the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (hereinafter ‘Policies’) as amended and amended from time to time.

By simply accessing or using the Platform, you acknowledge, without limitation or qualification, that you are bound by these Terms of Use and by the Police, whether you read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATE YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THE AGREEMENT, SO PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms set out in the Terms of Use or the Policies, please do not use the Platform. You are responsible for ensuring that your access to this Platform and the material available on or through it is legal in any jurisdiction in or through which you access or view the Platform or such material.

Zithara reserves the right, from time to time and at any time, to change the information contained in the Terms of Use or the Policies without notice to its users and in its sole discretion. If Zithara decides to change the Terms of Use or the Policy, Zithara will post a new version of the Terms of Use or the Policy on the Site and update the date specified above. Any change or modification of the Terms of Use and Policies shall take effect immediately from the date of such upload of the Terms of Use and Policies to the Site.

Your continued use of the Platform following amendments to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies, whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, in order to understand the terms and conditions that apply to your use of the Site.

2. Privacy

We appreciate the value of safeguarding your personal information and have formulated a Privacy Policy to ensure that your personal information is properly secured. Apart from these Terms of Use, your visit and use of the Site shall also be governed by the Privacy Policy. Your continued use of the Site means that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Zithara in accordance with the terms and purposes set out in the Privacy Policy and may, at the sole discretion of Zithara, be subject to change from time to time.

3. Your Account

When you use the Portal, you will be responsible for preserving confidentiality of your identity, password, and limiting access to your computer, and you will be responsible for all activities that take place under your account and password. You agree that the information you receive, in any way whatsoever, is not confidential or proprietary and does not infringe any third party privileges of any kind whatsoever. You accept that if you submit any information that is untrue, wrong, not current or incomplete, we shall have the right to suspend or terminate indefinitely, or to block access to your Platform membership.

When you register and login to Zithara.com to access Zicoin rewards given to you for shopping at your favorite merchants. You expressely agree to share you Personal information like Mobile Phone number linked to your PSP receive updates on Zicoin balance and usage at different stores both online and offline.

If you know or have reason to suspect that the confidentiality of your account has been compromised, you can contact us immediately at the ‘Contact Details’ section below. If we have found a violation or suspected violation of your account security, we could allow you to change your password, temporarily or permanently block or suspend your account without any liability to Zithara.

We reserve the right to deny service and/or terminate accounts without advance warning if these Terms of Use are breached or if we conclude, in our absolute discretion, that it would be in Zithara’s best interest to do so.

4. Product & Service Information

Zithara attempts to be as accurate as possible in the description of the product on the Platform. Moreover, Zithara does not warrant that the description, color, information or other material of the Platform is accurate , complete, reliable, up-to – date or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or up to date. The product photos are representative and may not represent the actual product.

Zithara reserves the right to correct, alter or amend records, mistakes, inaccuracies or omissions at any time (including after the submission of an order) without prior notice.Please note that these mistakes, inaccuracies or omissions can also apply to the price and availability of the product or service.

5. Product Use

The products and services available on the Platform and the samples, if any, which the Platform may provide, are for your personal and/or professional use only. Goods or services, or samples thereof, which you may obtain from us, shall not be sold or resold for any or all commercial purposes.

In the event that any cosmetics or beauty services purchased / received / available cause side-effects or do not match you, please remember that Zitharais in no way responsible for any manufacturing side-effects or service provider and that the manufacturer or service provider of the product or service is solely responsible for any side-effects and customer concerns.

6. Recommendation of the Product & Services

Any suggestion made to you on the Site during the course of your use of the Web is solely for informational purposes and for your convenience and does not imply endorsement by Zithara or any of its associates of any kind of products or services.

7. Pricing Information

Zithara seeks to provide accurate product and pricing information, however errors may occur.

Zithara will not be able to confirm the price of the product until you make the order. Without limiting the generality of Cancelations, Refunds and Returns policy, if the product / service is listed at an incorrect price or with incorrect information due to any technical error, Zithara shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product / service, unless the product has already been delivered or the service has already been provided. In the event that an item is priced incorrectly, Zithara 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 delivered and the services are available, your offer will not be considered accepted and Zithara will have the right to change the price of the product / service and to contact you for further instructions using the e-mail address provided by you at the time of registration or ordering, or to cancel the order and to notify you of such cancellation.

THE PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE SHALL BE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF ZITHARA. Zithara may, at any time, revise and cease to make available any products or services.

8. Payment Mode

Payments for products available on the Site may be made in the following manner:

Payments can be made using Credit Cards , Debit Cards, Net Banking, Wallets, e-Gift cards and reward points.

Credit card, Debit Card and Net Banking payment options are instant payment options and are recommended to ensure faster processing of your order.

Zithara is not responsible for the offers and deals offered by any payment providers such as LAZYPAY, Credit Card Companies, Buy Now Pay Later Companies, Banks, Cred etc.

It is sole discretion of the user to choose the payment method. Zithara is not responsible for any promises made by payment gateways or payment providers.

Zithara works with third party payment gateways and is limited to payment processing for the particular transactions only.

E-vouchers and giftcards once bought can’t be cancelled or returned.

9. Intellectual Property Rights

The name and logo of “Zithara,” “Zicoin” and “Zit-Zone” and all related product and service names, design marks and slogans are trademarks, logos or service marks (hereinafter referred to as “Marks”) of Zithara. All other trademarks on the Site are the property of their respective companies. No trademark or service mark license shall be granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any of the Marks in any way whatsoever. Marks displayed on this Site, whether registered or unregistered, by Zithara or others, are the intellectual property of their respective owners, and Zithara shall not be held liable in any way whatsoever for any unlawful, unauthorized use of the Marks.

Zithara and its suppliers and copyright owners expressly and exclusively retain all intellectual property rights in all text, programs, products , processes, technology, content, software and other materials appearing on this Site, including their appearance and feel. The compilation (i.e. collection, arrangement and assembly) of the contents on the Site is the exclusive property of Zithara and is protected by Indian copyright laws and international treaties.The materials found on this Website can therefore not, other than for personal , non-commercial use, be duplicated, republished, republished, downloaded, forwarded, circulated, or updated in whole or in part. No right, title or interest in any downloaded material or software shall be transferred to you as a result of downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying it. All material, including images, text, illustrations, designs, icons, images, software, music, video clips, downloads and written materials as well as other materials (the ‘Contents’ collectively) are for personal, non-commercial use only. The Contents and other downloadable materials displayed on the Website can only be downloaded or copied for your personal use. We will also grant a restriction, revocability, not-transferable and non-exclusive license to create a personal , non-commercial hyperlink to the Site’s homepage only. The contents and apps on this website are for shopping purposes only. It is strictly prohibited for any other use of Content on this Site such as its replication, modifier, dissemination, transmission, republishing, presentation, or results. Until Zithara specifically states otherwise, all contents of Zithara, any of its affiliate or third parties who have licensed Zithara ‘s materials and which are protected by Indian copyright laws and international conventions shall be patented, labelled and/or sold, dressed in commercial property and/or other intellectual property.

10. Limited License

Zithara gives you access, and uses the Web in both personal or non-commercial form, a restricted, non-exclusive, not transferable, non-sub commercial licence. The Site and its affiliates reserve and maintain all privileges not expressly given to you in these terms of use.

Zithara reserves the right to revoke your permission to use the Site and to obstruct and prohibit your potential access to the Site at any time, without warning, and at its absolute discretion.

11. Representations And Warranties

This Site is provided as “AS IS” to you. In terms of its accuracy , reliability or otherwise, we make no submissions with respect to or the outcome of using / depicting the Contents on the Website. Zithara can not be responsible for any damages suffered by the user in any way due to the fact that the content is displayed in this Site directly or indirectly.

You acknowledge that this Site is only provided on the basis set out in the Terms of Use. Your unavailability, inoperability or disruption to the Internet or other telecommunications services, or any maintenance or other service work performed on this Platform, will therefore prevent you from accessing or using this Website without disruption by other factors other than our fair control, including.

Zithara shall have the right at any time, including but not limited to content, hours of operation and equipment required for access and use, to alter or discontinue any element or function of the Web. In fact, any part of the information or type of information can be discontinued on the website. Zithara acknowledges no responsibility or liability whatsoever for any injuries or damages arising from or in connection with any access or use of the Platform.

Zithara aims to offer its users general details on beauty and health topics and products through the Site. The Site enables its users to connect with Zithara and his staff by asking questions that allow the user to obtain general information on beauty and health issues.

The posting on the Website or on social networking platforms, including the Facebook Site page, as well as any chat or e-mails transmitted to Zithara, the employees or representatives who facilitate any contact between the user and Zithara, its staff or representatives (collectively referred to as the ‘information’), is focused on user history. The details shall not be used as a personalized medical recommendation or other medical diagnosis or treatment. Zithara does not represent the information or take any responsibility for the quality, completeness, adequacy or usefulness of the information, though Zithara takes due care to ensure that it is correct. Zithara Consumers will obtain the opinion of a licensed medical practitioner about any possible medical problems or issues. If any consumer relies on the information given by Zithara or its employees, he / she can do so on his / her own risk. The information or the consequences of relying on such information shall not be the responsibility of Zithara or its employees, representatives or affiliates under any circumstances.

Users must not presume or conclude that this is appropriate for any general information posted on the Website.

12. Disclaimer Of Warranty And Limitation Of Liability

This disclaimer is an essential part of these Terms of Use.

THE SITE IS PRESENTED “As Is.” NEITHER WE NOR HOLDING, SUBSIDIARIES , AFFILIATES, PARTNERS, OR LICENCORS FOR THE REPRESENTATIONS OR WARRANTIES OF THE KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR THE SITE OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON—INFRINGEMENT OR FITNESS FOR THE PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCUSABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR HOLDING, SUBSIDIARIES , AFFILIATES, PARTNERS, OR LICENSOR WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT , TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER CIRCUMSTANCES FOR ONE (A) INTERRUPTION OF BUSINESS; (B) ACCESS OR ACCESS INTERRUPTIONS OF THE SITE; (C) DATA NON-DELIVERY, LOSS, THEFT, NON DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES ON THE WEBSITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHEREOF THE WEBSITE OF THE WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHEREOF MAY OCCURS OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF ZITHARA; (f) INACCURACIES OR OMISSIONS IN CONTENT; (g) EVENTS BEYOND THE REASONABLE CONTROL OF ZITHARA. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. YOU AGREE NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU WERE A DISPUTE WITH US OR DISSATISFIED WITH THE SITE, TERMINATION OF THE SITE IS YOUR SOLE REMEDY. WE WERE NOT OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY.

13. Links And Third Party Sites

References on the Site to any names, trademarks, products or services of third parties or hyperlinks to third party sites or information shall be provided solely as a convenience to you. This does not, in any way, constitute or imply the endorsement, sponsorship or recommendation of Zithara by a third party, information, product or service or any association or relationship between Zithara and those third parties.

Zithara is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of the content of such websites. If you decide to link to any such third party website, you do so entirely at your own risk. Zithara shall not be liable for the examination or evaluation of off-site website offers or any other website linked to the Site. We shall not be responsible for the actions, content, products or services of such pages and websites, including, but not limited to, their privacy policies and terms and conditions.

You should carefully review the terms and conditions and privacy policies of all off-site pages and other websites that you visit through the Site.

14. Termination

These Terms of Use shall be effective unless and until either you or Zithara are terminated.

You may terminate the Terms of Use at any time if you discontinue any further use of this Site. Zithara may terminate the Terms of Use at any time and may do so without notice and therefore deny you access to the Site without any liability to the Site.

Upon termination of the Terms of Use by either you or Zithara, you shall promptly destroy all materials downloaded or otherwise obtained from this Site, as well as any copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability which may have arisen under the Terms of Use.

15. Indemnity

You agree to defend, indemnify and hold harmless Zithara, its employees, directors , officers, agents and their successors and assigns, its holdings, subsidiaries , affiliates, partners or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, arising out of or arising out of claims on the basis of your actions or inactions that may result in any loss or liability to Zithara 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 the Terms of Use, or arising out of your violation of any applicable laws , regulations, including but not limited to intellectual property rights, payment of statutory fees and taxes, libel claims, diffamation, infringement of privacy or advertising rights, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiration or termination of the Terms of Use.

16. Governing Law And Jurisdiction

The Terms of Use and the policies shall be interpreted in accordance with the laws of India in force. The Courts of Hyderabad shall have exclusive jurisdiction in respect of proceedings arising therein.

Any dispute or difference in the interpretation or otherwise of the Terms of Use and other Site Policies between the parties hereto shall be referred to an independent arbitrator who shall be appointed by each other and whose decision shall be final and binding on the parties thereto. The arbitration referred to above shall be in accordance with the Arbitration and Reconciliation Act of 1996 as amended from time to time. The seat and place of arbitration shall be held in Hyderabad.

Without prejudice to the particulars referred to in Clause 9 above, Zithara shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction for the protection of its trademark or other intellectual property rights or confidential information or for the maintenance of the status quo pending arbitration.

International arbitration rules of the Indian Arbitration and Conciliation Act 1996 shall apply to disputes concerning orders outside India. Hyderabad is the seat and venue of international arbitration.

17. Site Security

You are prohibited from violating or attempting to infringe the security of the Site, including without limitation:

Accessing data that is not intended for you or logging in to a server or account that you are not allowed to access;

Attempts to investigate, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorisation;

Trying to interfere with the service of any other user, host or network, including, but not limited to, by sending a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”

Sending unsolicited emails, including promotions and/or advertising of products or services; or

Forging any header or any part of the header information in any email or newsgroup post. Violations of the system or security of the network may result in civil or criminal liability.

Zithara is entitled to investigate events which may involve such violations and may involve and cooperate with law enforcement authorities in the prosecution of users involved in such violations. You agree not to use any device, software or routine to interfere with or attempt to interfere with the proper functioning of this Site or any activity taking place on this Site.

You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Zithara on this Site and other than generally available third party web browsers (e.g. Netscape Navigator)

18. Entire Agreement

When any portion of these Terms of Use are found to be unenforceable or unconstitutional in compliance with applicable law, including the above-mentioned guarantee disclaimers and limits on liability, then a true, enforceable provision which most closely complies with the spirit of the original provision and the remaining part of the provision will be deemed superseded. Unless otherwise stated herein, these Terms of Use shall constitute an entire agreement between you and Zithara with respect to the Site / Services and shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Failure by Zithara or others to comply in accordance with a violation does not forfeit the right to do so in relation to the violation or subsequent and related violations.

19. Universal

You accept that these Terms and Conditions are hereby adopted and are in compliance with the agreement that constitutes a full and exclusive agreement between us regarding your use of the platform.

We may change / amend / modify these Terms and Conditions at any time, in our sole discretion, by posting changes on the Web. Any updates will take effect on posting to the Website immediately. The continued use of the Internet is therefore the consent to all these amended Terms and Conditions. We may terminate any of the rights granted by these Terms and Conditions with or without prior notice. Any termination or other notice, including by ceasing all use of the Site, shall be complied with immediately by you.

The term does not mean that any entity, alliance, association, joint venture or any form of joint venture between us shall be interpreted as having any one of these terms or conditions. Our failure to request the enforcement of any provision of this shall not affect our full right, at any time thereafter, to warrant such compliance nor shall our waiver of any breach of this provision or be regarded as a waiver of the provision itself. If any clause of these Terms and Conditions are null or unenforceable by any applicable statute or is kept in compliance with any specific arbitratory judgment or arbitral award, this non-enforceability or invalidity shall not, as a whole, make these Terms and Conditions infringing, but shall, where possible, be changed by the adjudicator. The headings of the Terms and Conditions shall be made secure and not be used in their interpretation.If you have any questions regarding these Terms and Conditions, please email us at support@zithara.in.