TERMS OF SERVICE

TERMS OF SERVICE

ZestPort Online Store

=Governed by the Laws of India

OVERVIEW

Welcome to ZestPort! The terms "we", "us" and "our" refer to ZestPort. ZestPort operates this online store and website, including all related information, content, features, tools, products and services (the "Services"). ZestPort is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions (these "Terms of Service" or "Terms"), together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights under Indian law, including the Consumer Protection Act, 2019 and the Information Technology Act, 2000.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least 18 years of age, as required under the Indian Majority Act, 1875, and that you have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872. If you are using the Services on behalf of a minor dependent, you confirm you have parental or guardian authority to do so.

To use the Services, you may be asked to provide certain information such as your name, email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete.

You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, or assign your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately represent our products and services. However, please note that product colors or appearance may differ slightly from how they appear on your screen due to your device type and display settings.

We do not warrant that the quality of any products purchased will meet your expectations or exactly match images shown in our store. All product descriptions are subject to change at any time at our sole discretion.

We reserve the right to discontinue any product at any time and may limit quantities available to any person or geographic region. All prices shown in our store are in Indian Rupees (INR) and are inclusive/exclusive of GST as indicated at checkout.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. ZestPort reserves the right to accept or decline your order for any reason at its discretion. Your order is not confirmed until ZestPort sends an order confirmation. We must receive and successfully process your payment before your order is accepted.

Please review your order carefully before submitting, as ZestPort may be unable to accommodate cancellation requests once an order is accepted. In the event we do not accept, change, or cancel an order, we will notify you via the email or phone number provided at the time of the order.

Your purchases are subject to return or exchange solely in accordance with our Refund and Return Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES, TAXES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email.

All prices displayed on our store are in Indian Rupees (INR). Goods and Services Tax (GST) will be charged as applicable under Indian tax law. GST applicability and rates will be clearly indicated at the time of checkout.

Posted prices do not include shipping and handling charges, unless expressly stated. Any applicable taxes, duties or charges will be displayed clearly before you complete your purchase.

You agree to provide accurate and complete payment information for all purchases. You represent and warrant that: (i) the payment information you provide is true, correct and complete; (ii) you are authorized to use the payment method; and (iii) charges incurred will be duly honored.

SECTION 5 - SHIPPING AND DELIVERY

We aim to dispatch orders within the timeframe mentioned on the product page. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, natural calamities, or circumstances beyond our control.

Once we transfer your order to a shipping carrier, risk of loss or damage to the product passes to you. However, if your product arrives damaged, please refer to Section 6 (Damages and Issues) of our Return and Refund Policy.

We currently ship within India only. For any shipping queries, please contact us at infozestport@gmail.com.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, images, graphics, product reviews, videos, and audio content, are owned by ZestPort, its affiliates, or licensors and are protected under the Copyright Act, 1957 (India), the Trade Marks Act, 1999 (India), and other applicable Indian and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

ZestPort's name, logo, product and service names, designs, and slogans are trademarks of ZestPort. You must not use such marks without our prior written permission. Shopify's trademarks remain the property of Shopify Inc.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to optional third-party tools as part of the Services. We provide access to such tools "as is" and "as available" without any warranties or endorsements. We shall have no liability arising from your use of optional third-party tools.

Use of any optional tools is entirely at your own risk. You should review and understand the terms of any third-party provider before using their tools.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain hyperlinks to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party websites. If you access third-party sites, you do so at your own risk.

We are not liable for any harm or damages arising from your use of any third-party websites or your purchase of products or services from such sites. Complaints or concerns regarding third-party products should be directed to the relevant third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

ZestPort is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make are made directly with ZestPort. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any transactions between you and ZestPort. You expressly release Shopify and its affiliates from all claims arising from your purchases with ZestPort.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which is available on our website. We collect and process personal data in accordance with the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information about your access to and use of the Services. Information submitted to us may be shared with Shopify and relevant third parties to provide services to you. Please review our Privacy Policy for complete details.

SECTION 11 - FEEDBACK AND REVIEWS

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, and distribute such Feedback in any medium for any purpose, including to operate, enhance, and promote our Services.

You represent and warrant that: (i) you own or have all necessary rights to submit the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms.

We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it. We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, defamatory, or otherwise objectionable.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You are solely responsible for the accuracy of any Feedback you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors and to change or update information or cancel orders where information is inaccurate, at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services:

(a) For any unlawful, fraudulent, or malicious purpose

(b) In violation of any Indian or international laws, regulations, or rules

(d) To harass, abuse, insult, harm, defame, intimidate, or discriminate against any person

(e) To transmit false, misleading, or deceptive information

(f) To send unsolicited promotional material including spam, junk mail, or chain letters

(g) To impersonate any person or entity

(h) To engage in any conduct that restricts or inhibits others' use of the Services

In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, sell, or exploit any part of the Services; (c) collect the personal information of others without consent; (d) use robots, spiders, scrapers, AI agents, or automated tools to access the Services without our prior written consent; or (e) interfere with or circumvent the security features of the Services.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with Section 14.4 below. No Agent may access the Services if we have requested it to refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses or interacts with the Services.

14.4 Agents must: (i) identify themselves in all HTTP/HTTPS requests using the user agent string format "Agent/[agent name]"; (ii) not conceal or obfuscate that access is from an Agent; (iii) respond truthfully to any query seeking to determine if interaction is from a human or computer; and (iv) not circumvent any measures intended to block, limit, or control Agent access.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services at any time in our sole discretion without notice, and you will remain liable for all amounts due up to the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy Policy, and Grievance Redressal.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY ZESTPORT, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

Nothing in these Terms limits or excludes our liability under the Consumer Protection Act, 2019 or any other applicable Indian law. Your statutory rights as a consumer under Indian law are not affected by these Terms.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE INDIAN LAW, ZESTPORT, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

Notwithstanding the above, nothing in these Terms shall limit or exclude ZestPort's liability under the Consumer Protection Act, 2019, the Sale of Goods Act, 1930, or any other mandatory applicable Indian law. Your rights as a consumer under Indian law are fully preserved.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ZestPort, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms; (2) your violation of any Indian or international law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may, at our discretion, control the defense and settlement of such claims at your expense, but will not settle any claim that requires non-monetary obligations from you without your prior consent.

SECTION 19 - CONSUMER RIGHTS AND DISPUTE REDRESSAL

Nothing in these Terms prevents you from exercising your rights as a consumer under the Consumer Protection Act, 2019. You have the right to approach the appropriate Consumer Disputes Redressal Commission (District, State, or National) for any grievances arising from your purchase.

For disputes up to Rs. 50 Lakh, you may approach the District Consumer Disputes Redressal Commission. For disputes between Rs. 50 Lakh and Rs. 2 Crore, you may approach the State Consumer Disputes Redressal Commission. For disputes above Rs. 2 Crore, you may approach the National Consumer Disputes Redressal Commission (NCDRC).

You may also use the Government of India's online consumer complaint portal at https://consumerhelpline.gov.in or contact the National Consumer Helpline at 1800-11-4000 (toll-free).

SECTION 20 - GRIEVANCE OFFICER

In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology Act, 2000, ZestPort has appointed a Grievance Officer to address consumer complaints and concerns.

Our Grievance Officer will acknowledge your complaint within 48 hours and endeavour to resolve it within one (1) month from the date of receipt.

Grievance Officer Details:

Rudra Karki

MANGER

Email: infozestport@gmail.com

Grievance Officer Hours: Monday to Saturday, 10:00 AM to 6:00 PM IST (excluding public holidays)

SECTION 21 - NODAL OFFICER

In accordance with the Consumer Protection (E-Commerce) Rules, 2020, ZestPort has also designated a Nodal Officer responsible for coordinating with law enforcement agencies, government authorities, and ensuring compliance with applicable Indian laws.

Nodal Officer Details:

Rudra Karki

MANGER

SECTION 22 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable under applicable Indian law, such provision shall be enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms, and this determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23 - WAIVER AND ENTIRE AGREEMENT

The failure of ZestPort to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us, constitute the entire agreement between you and ZestPort and govern your use of the Services, superseding any prior or contemporaneous agreements, communications or proposals, whether oral or written.

SECTION 24 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt shall be null and void. ZestPort may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 25 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any disputes arising from them shall be governed by and construed in accordance with the laws of India, including but not limited to the Indian Contract Act, 1872; the Consumer Protection Act, 2019; the Information Technology Act, 2000; and the Sale of Goods Act, 1930.

Any disputes, claims, or controversies arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Meerut, Uttar Pradesh, India.

SECTION 26 - CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates on our website. You can review the most current version at any time on our website.

We will notify you of any material changes to these Terms in accordance with applicable Indian law, and such changes will be effective on the date specified in the notice. Your continued use of the Services following any changes constitutes your acceptance of those changes.