Website Terms of Use

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder, including provisions relating to electronic records and digital transactions. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document governs access to and use of the website www.ezcarestore.in (“Website”).

The Website is owned and operated by Zingool Technologies Private Limited (“Company”), a company incorporated under the laws of India and having its registered office at 135, Continental Building, Dr. Annie Besant Road, Worli, Mumbai – 400018, Maharashtra, India.

By accessing or using the Website, you agree to be bound by these Website Terms of Use, the Privacy Policy, and the Terms of Sale available on the Website.

In General

The Company owns and operates the Website.

This document governs your relationship with the Company as a user (“User”) of the Website.

Access to and use of the Website and the services available through it (collectively, the “Services”) are subject to these Website Terms of Use (“Terms”).

By accessing or using the Website, you agree to be bound by these Terms, as may be updated from time to time.

The Company reserves the right to modify, suspend, or discontinue any part of the Website or Services at its discretion, without prior notice.

The Company shall not be liable if the Website is unavailable at any time due to maintenance, technical issues, or reasons beyond its control.

The Company may restrict access to certain parts of the Website or the entire Website at its discretion.

Website disclaimer

The Company makes reasonable efforts to ensure that the information and content available on the Website is accurate and up to date; however, the Company does not guarantee that such information is error-free, complete, or current.

Users are advised to exercise discretion and independently verify information before relying on it.

The Company shall not be liable for any consequences arising from reliance on information available on the Website.

There may be delays or inaccuracies in the display or transmission of information due to technical or operational reasons.

Payments made through the Website are processed via authorized third-party payment gateways. The Company shall not be liable for failures or issues attributable to such third-party service providers.

Prohibitions

You must not misuse the Website.

You shall not, directly or indirectly:

a.       commit or encourage any unlawful or criminal activity;

b.      transmit or distribute any virus, malware, or other harmful code;

c.       attempt to gain unauthorized access to any part of the Website, systems, or networks;

d.      disrupt, interfere with, or impair the functioning of the Website or its services;

e.       infringe upon the intellectual property or other rights of any person;

f.        send unsolicited promotional communications or spam;

g.       engage in any activity that adversely affects the performance, security, or functionality of the Website.

Any breach of this clause may result in suspension or termination of access to the Website and may be reported to relevant authorities in accordance with applicable law.

The Company shall not be liable for any loss or damage caused by viruses, denial-of-service attacks, or other technologically harmful material that may affect your device due to your use of the Website or downloading of any content from the Website or linked websites.

Intellectual Property, Software and Content

All intellectual property rights in the Website and all content made available on or through the Website, including but not limited to software, text, graphics, images, videos, logos, and design, are owned by or licensed to the Company and are protected under applicable intellectual property laws. All such rights are reserved by the Company and its licensors. You may access, store, and display the content solely for your personal and non-commercial use.

You shall not, without prior written consent of the Company:

1. copy, reproduce, distribute, transmit, display, or otherwise exploit any content from the Website;
2. modify or create derivative works based on such content;
3. use any content for commercial purposes or in connection with any business or commercial enterprise.

Terms of Sale

All purchases and transactions on the Website shall be governed by the Terms of Sale available on the Website.

By placing an order, you agree to be bound by the Terms of Sale, including provisions relating to product availability, pricing, payment, delivery, returns, refunds, and cancellation.

Users are advised to review the Terms of Sale carefully before placing any order on the Website.

Disclaimer of Liability

The content presented on the Website is provided on an “as is” and “as available” basis without any guarantees, conditions, or warranties regarding its accuracy, completeness, or reliability.

To the fullest extent permitted under applicable law, the Company, its affiliates, service providers, and licensors disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Company shall not be liable for any loss arising out of or in connection with:

1. use or inability to use the Website;
2. reliance on any content available on the Website;
3. errors, inaccuracies, or omissions in the content;
4. failures or delays attributable to third-party service providers.

This disclaimer does not limit or exclude liability where such limitation or exclusion is not permitted under applicable law. Use of the Website is at the User’s sole risk.

The Company does not warrant that any products will meet individual expectations except as expressly stated on the Website.

Limitation of Liability

To the fullest extent permitted under applicable law, the total aggregate liability of the Company, whether in contract, tort, or otherwise, shall not exceed the value of the transaction giving rise to such claim. The Company shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities. Nothing in this clause shall limit liability where such limitation is not permitted under applicable law.

Indemnity

You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, agents, and service providers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

a.       your use or misuse of the Website;

b.       your breach of these Terms;

c.        violation of applicable laws; or

d.       infringement of any third-party rights, including intellectual property rights.

Linking to this Website

The Website may contain links to third-party websites or resources for convenience. The Company does not control and is not responsible for the content, availability, or practices of such third-party websites. The Company shall not be liable for any loss or damage arising from your use of such third-party websites or reliance on their content. Such websites are governed by their own terms and privacy policies, and not by the Company’s Privacy Policy. Users are advised to review the terms and privacy policies of such third-party websites before engaging with them. The inclusion of any link does not imply endorsement by the Company of such third-party websites.

Modification of Website Terms of Use

The Company reserves the right, at its discretion, to modify, amend, or update these Terms and any part of the Website or Services at any time.

Updated Terms shall be made available on the Website, and continued use of the Website after such changes shall constitute acceptance of the revised Terms.

Invalidity

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court, such provision shall be severed and the remaining provisions shall continue in full force and effect.

To the extent possible, such provision shall be interpreted in a manner that most closely reflects the original intent of the Parties.

User Rights

Users may have certain rights in relation to their personal data under applicable laws, including the right to access, correct, update, or request deletion of their personal data, subject to applicable laws and reasonable operational requirements.

Requests in this regard may be made in accordance with the Privacy Policy.

The Company may collect and use personal data, including contact details, delivery address, browsing behaviour, device information, and transaction history, for purposes such as providing services, improving user experience, analytics, fraud prevention, and, where permitted, offering personalized content, recommendations, and promotional communications.

Such processing shall be carried out in accordance with the Privacy Policy and applicable laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.

Complaints

The Company maintains a grievance redressal mechanism to address user complaints and concerns.

For any queries, complaints, or grievances, users may contact the Company at:
Email: care@ezcarestore.in

The Company shall use reasonable efforts to respond to such complaints within a reasonable timeframe.

Such grievances shall be addressed in accordance with applicable laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.

Waiver

Failure or delay by the Company in exercising any right, power, or remedy under these Terms shall not operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise of any such right preclude any further exercise of the same or any other right.

Communication with Users

The Company may communicate with Users through email, SMS, or other electronic means for transactional updates, service-related communications, and, where permitted, promotional communications. Transactional communications may include order confirmations, payment updates, delivery notifications, and account-related information. For any queries, complaints, or support, Users may contact the Company at:

Email: care@ezcarestore.in

Promotional communications shall be sent only in accordance with applicable laws and user consent preferences. Users may opt out of promotional communications in accordance with applicable preferences and law.

Termination

The Company reserves the right, at its discretion, to take appropriate action in the event that any User is found to have violated these Terms or applicable laws. Such action may include suspension or termination of access to the Website, blocking of user accounts, and/or initiation of appropriate legal proceedings, as may be deemed necessary. The Company may take such action without prior notice where required to protect its interests or comply with applicable law.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India.

Subject to applicable law, the courts at Noida, Uttar Pradesh shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms and use of the Website.