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TERMS OF USE

updated on 5th April 2021

Acceptance of the Terms of Use

  

These terms of use are entered into by and between the person accessing or using this Website or creating an Account on this Website (“You”) and Zabbardast Art (“we” or “us”). The following terms and conditions, together with the privacy policy found at https://zabbardast.art/privacy-policy and any other documents or hyperlinks they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the website https://zabbardast.art (“Website”) or the mobile or desktop application that may be developed in future (“App”), including any content, functionality and services offered on or through the Website or App, whether as a guest or a registered user.

Please read these Terms of Use and the Privacy Policy carefully before you start using the Website or App. These Terms of Use apply to any visitor to the Website or App, including but not limited to all registered users or purchasers of any products or services through the Website or App, casual visitors or any other user of the Website or App. By using the Website or App or by clicking to accept or agree to the Terms of Use or the Privacy Policy when this option is made available to you, or when you create an Account on the Website or App, you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access the Website or App or purchase or use any products or services available on the Website or App. This Website or App is offered and available to users who are 18 years of age or older. By using this Website or App, you represent and warrant that you are of a minimum legal age to form a binding contract with Zabbardast Art or are represented by a parent or guardian. If you do not meet these requirements, you must not access the Website or App or purchase or use any products or services available on the Website or App.


Changes to the Terms of Use 


We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all that access and use of the Website or App thereafter and Zabbardast Art is not obligated to notify or inform you of any changes to the Terms of Use. Your continued use of the Website or App following the posting of any revised Terms of Use means that you accept and agree to the changes. You are expected and required to check this page each time you access this Website so you are aware of any changes, as they are binding on you.


Accessing the Website and Account Security

  

We reserve the right to withdraw or amend this Website or App, and any product or service we provide on the Website or app, in our sole discretion without notice and without liability. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users without notice and without liability.You are responsible for:

  • Making all arrangements necessary for you to have access to or use of the Website or App.

  • Ensuring that all persons who access or use the Website or App through your internet connection are aware of these Terms of Use and comply with them.


User Accounts or Registered Users

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To access or use the Website or App or make any purchases on the Website or App, you may be required to provide create a user account on the Website or App by providing certain personal and financial information through an online registration form and by clicking on a verification link sent to your registered email. Alternatively, the Website or App may allow you to register or create an account using your existing social media account login details. You hereby represent and warrant that all the information you provide on the Website or App is correct, current and complete. You agree that all information you provide to register with this Website or App or otherwise, including but not limited to through the use of any Interactive Services on the Website or App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or App using your login user name, password or other security information. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Similarly, you agree not to access or use the Website or App using the account login or registration information of any other person or user. We have the right to disable any user name, password or other identifier, and permanent disable or close such user accounts, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


Prohibited Uses


You may access or use the Website or App only for lawful purposes and in accordance with these Terms of Use. Particularly, you may use the Website or App:

  • View the content on the Website or App;

  • Download or view any freely provided brochures, materials, and/or audio/video files from or on the Website or App only for your personal use and not for commercial uses;

  • Purchase any product or service on or using or through the Website or App.


You agree not to use the Website:

  • In any way that violates any applicable Indian or international law or regulation.

  • To download any image, audio or video files, or any other content from the Website or App for any purpose not authorized by Zabbardast Art, or for commercial purposes, or for any purpose that may, in Zabbardast Art’s sole opinion, reduce or impact the value or reputation of Zabbardast Art or deprives Zabbardast Art of its rightful compensation due to the benefit obtained due to such download or use by you.

  • To send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms of Use or for any purpose not agreed explicitly by Zabbardast Art.

  • To transmit, or procure the sending of, any promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

  • To impersonate or attempt to impersonate Zabbardast Art, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm Zabbardast Art or other users of the Website or App or expose them to liability.


Additionally, you agree not to:

  • Use the Website or App in any manner that could disable, overburden, damage, or impair the Website or App or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.

  • Use any robot, spider or other automatic device, process or means to access the Website or App for any purpose, including monitoring or copying any material on the Website or App.

  • Use any manual process to monitor or copy any of the material on the Website or App or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with proper working of Website or App.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website or App is stored, or any server, computer or database connected to the Website or App.

  • Attack Website or App via a denial-of-service attack or distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website or App.


User Contributions 


The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, feedback or review pages and/or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website or App. All User Contributions must comply with these Terms of Use.

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Any User Contribution you post to the Website or App will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material or for any purpose, without any financial or other obligation to you.

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You represent and warrant that all of your User Contributions do and will comply with these Terms of Use and that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.


You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Zabbardast Art, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or App. Notwithstanding the aforesaid, we reserve the right to remove any post or User Contribution made by you through any of the Interactive Services offered by the Website or App.

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Payments Made on the Website or App

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You will  be required to make payments to purchase products or services through the Website. The terms and conditions relating to such payments are governed by the Terms of Use and the Privacy Policy. You may also be required to abide by such additional terms and conditions that Zabbardast Art may inform you at the time of purchase.

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We also reserve the right to modify or cancel any order after you have placed on our Website for any reason whatsoever. In the event we modify or cancel your order, we shall notify you of such modification or cancellation in writing to the email registered with your account. If you do not wish to purchase the modified product or order, or if we cancel your order, we shall refund any payment received by us pursuant to your order. We will ship and deliver the product to address as specified during the purchase process on our Website  by you. Once the order is placed, we shall notify the period within which the purchased product will be delivered to you or as per the shipping duration as detailed in the terms of use and/or during checkout. 

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Please note that after an order is placed and payment is made by you, no refunds or returns shall be accepted.  In any special circumstances,  the decision to refund a certian amount of the order remains only and only with Zabbardast Art. In the event Zabbardast Art agrees for a return of any product already delivered to the purchaser, such return of the product may be conditioned on such terms as Zabbardast Art may deem fit, including deducting the return shipping expense or any other terms notified in writing to the purchaser at the appropriate time.

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Shipping duration

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During Check out you can select the mode of Shipping, Currently there is  standard shipping that will be minimum 3-5 business day for domestic shipping. 

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for international shipping, the shipping duration is subject to country the produt is being sent to from India. a minimum 10-15 days can be expected for international shipping.

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When purchasing a product or service on the Website or App, you may be redirected to a payment gateway website for the purpose of completing online payment for such product or service. In case of any failure during the payment process, please email us at moksharth.vora@gmail.com and we shall endeavour to clarify or provide a solution, either by cancelling the order and refunding the money received by us, or processing the transaction.

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Intellectual Property Rights 


The Website, the App and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Zabbardast Art and are protected by Indian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Further, the products available for purchase on the Website or App are “works of art” and Zabbardast Art owns the copyright in all of those products.

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The “Zabbardast Art” name, the Zabbardast Art logo and all related trademarks or trade names, logos, product and service names, designs and slogans, descriptions of products or services on Website or App are trademarks or copyrights of Zabbardast Art. You must not use such marks or names without the prior written permission of Zabbardast Art. All other names, logos, product and service names, designs and slogans on this Website or App are the trademarks of their respective owners.

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These Terms of Use permit you to use the Website and App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content or material on our Website or App, except as follows:

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  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.


You must not:

  • Modify any content or materials from the Website or App.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or App.

  • Print or download any of the pages of the Website or App for any reason whatsoever, including for further reproduction, publication or distribution.

  • Sell, rent or sub-license any content or material available on the Website or App.


You must not access or use for any commercial purposes any part of the Website or App or any services or materials available through the Website or App. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or App in breach of the Terms of Use, your right to use the Website or App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or App or any content on the Website or App is transferred to you, and all rights not expressly granted are reserved by Zabbardast Art. Any use of the Website or app not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

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Termination; Monitoring and Enforcement

    

We have the right to:

Suspend, modify, or cancel your registered account on our Website or App, with or without reason at our sole discretion.

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or App or the public or could create any liability for Zabbardast Art.

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Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and you hereby provide your consent to us for the same.

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Take appropriate legal action, including without limitation, referral to cyber law enforcement, for any illegal or unauthorized use of the Website or App.

Terminate or suspend your access to all or part of the Website or App for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App or accessing or using the Website or App.


YOU WAIVE AND HOLD HARMLESS ZABBARDAST ART AND ITS PARTNERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ZABBARDAST ART DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ZABBARDAST ART OR LAW ENFORCEMENT AUTHORITIES.


However, we cannot and do not

undertake or guarantee to review any material before or after it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability to anyone for performance or nonperformance of the activities described in this section.

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Content Standards  

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These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable Indian and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Privacy Policy.

Be likely to deceive any person, or cause inconvenience or be likely to upset, embarrass, alarm or annoy any other person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

If you believe that the Website or App or any User Contributions violate your copyright, please send us a notice of such copyright infringement to take appropriate action or decision.

Reliance on Information Posted  

The information presented on or through the Website or App is made available solely for general information purposes. While we make commercially reasonable efforts to ensure that the information provided on the Website or App, particularly with respect to display of any imagery or display and description of product or service, is accurate and complete in material respects, we do not guarantee that such images, display or description will be the exact replica of the actual product or service. Such images, display or description are also subject to variables out of our control, including but not limited to photographic quality, nature of the screen on which you are viewing the Website or App, and/or differences in our interpretation. However, any reliance you place on such information is strictly at your own risk and we disclaim all liability and responsibility arising from any reliance placed on such materials by you to the Website or App.

All products or services that are available for purchase on the Website or App state the price and applicable taxes, including any packaging or shipping charges if applicable, as well as the material on which the work of art is produced. Zabbardast Art reserves the right to modify such pricing or other information or terms relating to purchase of the said products or services at any time before the actual payment by you for such product or service.

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Further, all information, statements and/or opinions expressed during any Interactive Services and all responses to questions and other content, other than the content provided by Zabbardast Art, are solely the opinions and the responsibility of the person or entity providing those information, statements and/or opinions or materials. These posts or User Contributions do not reflect the opinion of Zabbardast Art. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links from the Website or App

If the Website or App contains links to other websites and materials provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or materials linked to this Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or materials.

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that the Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE OR APP, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE AND APP, THEIR CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED OR RESERVED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZABBARDAST ART NOR ANY PERSON ASSOCIATED WITH ZABBARDAST ART MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, APP, OR ANY OF THE SERVICES OR PRODUCTS SOLD USING OR THROUGH THE WEBSITE OR APP BY ANY THIRD PARTY OR SERVICE PROVIDER. WITHOUT LIMITING THE FOREGOING, NEITHER ZABBARDAST ART NOR ANYONE ASSOCIATED WITH ZABBARDAST ART REPRESENTS OR WARRANTS THAT THE WEBSITE OR APP, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR APP OR ANY SERVICES OR PRODUCTS OBTAINED OR RESERVED THROUGH THE WEBSITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ZABBARDAST ART HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL ZABBARDAST ART OR ITS PARTNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ZABBARDAST ART’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR DEFECTIVE PRODUCT DELIVERED OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU THROUGH THIS WEBSITE OR APP FOR ANY SERVICES OR PRODUCTS REQUIRED BY YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Indemnification

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You agree to defend, indemnify and hold harmless ZABBARDAST ART and its partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or App, including, but not limited to, your User Contributions, any use of the Website or App’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or App.

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Governing Law and Dispute Resolution

All matters relating to the Website or App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall exclusively be governed by and construed in accordance with the laws of India.

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Any dispute, controversy, claims or disagreement of any kind whatsoever arising out of or in connection with these Terms of Use or Privacy Policy (or the breach, termination or invalidity thereof) or the Website or App or any products or services sold using or through the Website or App (hereinafter referred to as a “Dispute”) shall be exclusively referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be held in Gurgaon and the Arbitral Tribunal shall consist of a sole arbitrator appointed by Zabbardast Art under the aegis of the Haryana Arbitration Centre, Gurgaon. You/Purchaser waive/s any and all objections to the exercise of jurisdiction over you by such an arbitrator. The arbitrator’s decision shall be reasoned, in English, final and binding on you/purchaser and Zabbardast Art. Subject to the above, the courts in Gurgaon shall have exclusive jurisdiction over such Disputes.

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Waiver and Severability

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No waiver of by Zabbardast Art of any term or condition set forth in these Terms of Use or Privacy Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Zabbardast Art to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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Entire Agreement 

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The Terms of Use, the Privacy Policy, and any other terms and conditions that you may be required to agree before or during the use of the Website or App constitute the sole and entire agreement between you and Zabbardast Art with respect to the Website or App and the products or services purchased from the Website or App and supersede all other understandings, agreements, representations and warranties, both written and oral, with respect to the Website and App or any of the purchases.

Your Comments and Concerns

This website is operated by Moksharth Vora. All notices or other communication relating to the Website or App or purchases should be directed to: moksharth.vora@gmail.com.

Terms of Use: Text
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