BY USING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THIS WEBSITE.

 

1. General

1.1 www.nuzoli.ltd (“Website“) is an Internet based portal owned and operated by NuZoli Limited, a company incorporated under the laws of Mauritius, with its registered office at Avenue Radar, Flic en Flac, Black River, Mauritius and BRN:C15128557. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by NuZoli at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

1.2 NuZoli shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms & Conditions. The revised Terms & Conditions shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms & Conditions made available on the Website at the time of such use. You are requested to regularly visit the home page www.nuzoli.ltd to view the most current Terms & Conditions. It shall be Your responsibility to check these Terms & Conditions periodically for changes. NuZoli may require You to provide Your consent to the updated Terms & Conditions in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms & Conditions, will constitute Your acceptance of those changes.

1.3 By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms & Conditions and the Website’s Privacy Policy available at the homepage, www.nuzoli.ltd

1.4 NuZoli agrees to deliver the products ordered by you only at such locations as per the Order Confirmation Form. NuZoli shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside Mauritius shall not be entertained.

1.5 You acknowledge that NuZoli has the right to change or discontinue any Service at any time, without notice. You further acknowledge that NuZoli may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that NuZoli may make to the Services. You agree that NuZoli shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services & products.

2. Eligibility to Use

2.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the NuZoli system by NuZoli for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in Mauritius. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by NuZoli through Your legal guardian in accordance with the applicable laws.

2.2 NuZoli reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

2.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

3. Terms of Sale

3.1 Product

3.1.1 NuZoli, through the Website makes available of variety of products at an agreed price to You. Purchase of such products will be subject to the Terms of Sale.

3.1.2 NuZoli offers SHIPPING for all the products on the Website as per the company’s policy, which may be changed by NuZoli without any notice to You. Shipping charges (Free Shipping), wherever applicable, is borne and paid by NuZoli and not to be borne by User.

3.1.3 NONE of the products come with a warranty. However, in case any product is covered under warranty, it shall be specifically mentioned under the product details.

3.1.4 All our products come with a disclaimer that the colours as detailed in the description and as seen in the photograph may slightly vary due to your monitor/ device display settings and lighting during the photo-shoot.

3.2. Services

3.2.1 You should take all responsibility for your own actions in utilizing the services purchased by You and NuZoli shall not be liable for any such action.

3.2.2 You represents that You are of legal age to form a binding contract with NuZoli and are not a person barred from receiving services under the laws as applicable in Mauritius.

3.2.3 You confirm that NuZoli shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.

3.2.4 NuZoli does not offer any refunds against any services already purchased from the Website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to NuZoli.

3.3 Pricing Information

3.3.1 NuZoli strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, NuZoli does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.

3.3.2 While NuZoli strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, NuZoli may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. NuZoli will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If NuZoli cancels the order after the payment has been processed, the said amount will be remitted to Your Card/ account from which the payment was made.

3.4. Accepted Payment menthod

Nuzoli only accepts payments by bank transfer or cash in deliver. Payments by credit card or cheque is not accepted.

3.5. Delivery of the Product

Your shipping address will be verified with the database of NuZoli before You proceed to pay for Your purchase. In the event case Your order is not serviceable by NuZoli or the area is not covered, we would request You to provide us with an alternate shipping address within Mauritius to proceed with the order. In case there is any dispute regarding the shipment of the product or services for the area not covered by NuZoli, in such cases NuZoli will not be responsible for the non-delivery of the product. NuZoli doesn’t deliver items internationally. However, You can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within Mauritius.

In case You book multiple order for the products in one transaction, NuZoli would endeavor to ship all Products together. If You purchase multiple Products in single transaction, then NuZoli gives you the option to deliver to Multiple addresses. However, this may not always be possible due to some product characteristics and/or logistics’ issues.

3.6. Return Policy for Products

 

3.6.1 PRODUCTS ONCE SOLD AND DELIVERED CANNOT BE RETURNED BACK OR EXCHANGED.

3.6.2 In the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through any of the below mentioned channels:

1. Whatsapp at +230 5926 2666;
2. Filling up the ‘Contact Us’ form;
3. Sending and email to hello@nuzoli.ltd;

3.6.3 Upon receiving Your complaint, NuZoli shall verify the authenticity and the nature of the complaint and if NuZoli is convinced that the complaint is genuine. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, NuZoli reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by NuZoli in this regard. You expressly acknowledge that NuZoli is only a reseller and is not the manufacturer of the products and cannot be held liable for any manufacturing defect. However, NuZoli will ensure that the defect piece is replaced depending on availability or the payment refunded.

3.6.4 In order to return any products sold through the Website, You are required to comply with the below mentioned conditions:

1. Please notify NuZoli of receipt of a damaged/ defective product/service within 48-hours of delivery to You. If You are unable to do so within 48-hours, NuZoli shall not be held liable for the failure to replace the order;
2. Products should be unused, unstitched, untailored and uncut.
3. NuZoli will arrange pick-up of the damaged/defective product through its own logistics team. In the event NuZoli is unable to do so, NuZoli will notify You regarding the same and You will be required to dispatch the product using a reputed courier in Your respective area within one (1) day from receipt of such notice. Courier/ freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with NuZoli;
4. Products should be returned in their original packaging along with the original price tags, labels, and invoices etc.;
5. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
6. The returned products are subject to verification and checks by NuZoli in order to determine the legitimacy of the complaint/ return.

3.6.5 In the event the return of a product is duly accepted by NuZoli, the value of such product, as originally paid by You during acceptance of delivery of product or otherwise, will be refunded to You. Refund will be processed based on the mode of payment and NuZoli or the approved payment gateway will credit Your refunds directly into Your Credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to the following:

1. Orders paid online will be refunded within 7-21 working days through the online account to the same card that was used for the transfaction;
2. For Cash on Delivery payments, You will be provided with a refund cheque bearing the name of the buyer on the order details.
3. If the product can be replaced, NuZoli would get a replacement product delivered to you.
4. A promo code, once used shall not be refunded in case of cancellation of order either by customer or NuZoli.

3.7. Cancellation

3.7.1 Cancellation by NuZoli: There may be certain orders that NuZoli is unable to accept and must cancel. NuZoli reserves the right, at NuZoli’s sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by NuZoli’s credit and fraud avoidance department. NuZoli may also require additional verifications or information before accepting any order. NuZoli will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or NuZoli.

3.7.2 Cancellation by the User: In case of requests for order cancellations, NuZoli reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if NuZoli receives a cancellation notice and the order has not been processed/ approved/ delivered by NuZoli, NuZoli shall cancel the order and refund the entire amount to You within a reasonable period of time. NuZoli will not be able to cancel orders that have already been processed and/ or delivered. NuZoli has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by NuZoli and accept NuZoli’s decision regarding the cancellation.

3.7.3 NuZoli reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by NuZoli as per certain criteria. Any NuZoli Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive:

1. Products ordered are not for self-consumption but for commercial resale
2. Multiple orders placed for same product at the same address
3. Bulk quantity of the same product ordered
4. Invalid address given in order details

Any malpractice used to place the order

4. User Account, Password, and Security

4.1 NuZoli makes the Services available to You through the Website only if You have provided NuZoli certain required User information and created an account (“Account“) through NuZoli ID and password or other Valid Email log-in ID and password (collectively, the “Account Information“). The Services may also be subject to procedures for use of the Website, Clause 3. Terms of Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms“). If there is any conflict between the Terms & Conditions and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

4.2 The Website gives You the option to register as a User by creating an Account or checkout as guest in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify NuZoli of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. NuZoli cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by NuZoli or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

4.3 The Website also allows restricted access to the Services for unregistered Users.

4.4 You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or NuZoli has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NuZoli has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

5. Pricing Information

5.1 NuZoli strives to provide You with the best prices possible on products You buy from the Website.

5.2 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. NuZoli expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

5.3 NuZoli shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by NuZoli with our acquiring bank from time to time.

6. User Obligations

6.1 Subject to compliance with the Terms & Conditions, NuZoli grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

6.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms & Conditions; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.

6.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by NuZoli. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

6.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. NuZoli disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.

6.6 If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

• Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
• Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any NuZoli server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of NuZoli, including any NuZoli Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
• Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of NuZoli or other third parties;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• Violate any applicable laws or regulations for the time being in force within or outside2Mauritius;
• Violate the Terms & Conditions including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

6.7 You agree that You are solely responsible to NuZoli and to any third party for any breach of Your obligations under the Terms & Conditions and for the consequences (including any loss or damage which NuZoli may suffer) for any such breach.

6.8 You agree and acknowledge that NuZoli is not the manufacturer of the products and only a reseller and that NuZoli is only facilitating purchase of the products by You from a supplier.

6.9 You agree that NuZoli may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

7. Use of Materials

7.1 Except as expressly indicated to the contrary in any applicable Additional Terms, NuZoli hereby grants You a non-exclusive, freely revocable (upon notice from NuZoli), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

• You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms & Conditions;
• You may not modify or alter product catalogues or any other materials available on the Website;
• You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
• You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by NuZoli.

7.3 Any software that is available on the Website is the property of NuZoli. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms & Conditions or by the express written permission of NuZoli.

7.4 Any purchase of the products or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.

8. Usage Conduct

8.1. You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

8.3 You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

8.4 NuZoli shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by NuZoli with our acquiring bank from time to time

9. Intellectual Property Rights

9.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content“) on the Website is owned and controlled by NuZoli and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

9.2 The trademarks, logos and service marks displayed on the Website (“Marks“) are the property of NuZoli. You are not permitted to use the Marks without the prior consent of NuZoli.

9.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Nuzoli Limited owns all intellectual property rights to and into the trademark “NuZoli”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

9.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from NuZoli or thirty party owner of such Content.

10. Third Party Content

 

The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content“). Similar Third Party Content would also be available to You on the email received by You from NuZoli. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. NuZoli does not provide any guarantee with respect to any the Third Party Content and NuZoli shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

 

11. Disclaimer Of Warranties & Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1 THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY NUZOLI ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NUZOLI MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NUZOLI OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS & CONDITIONS.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUZOLI WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. NUZOLI ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

11.3 NUZOLI WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. NUZOLI HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT NUZOLI NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. NUZOLI SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, NUZOLI SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND NUZOLI ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NUZOLI IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. NUZOLI ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

11.4 NUZOLI SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

12. Indemnification and Limitation of Liability

12.1 You agree to indemnify, defend and hold harmless NuZoli including but not limited to its affiliate employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by NuZoli that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms & Conditions. Further, You agree to hold NuZoli harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms & Conditions, or Your violation of any rights of another, including any intellectual property rights.

12.2 Notwithstanding anything to contrary, NuZoli ‘s entire liability to You under this Terms & Conditions or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.

12.3 In no event shall NuZoli, its officers, directors, employees, partners or suppliers be liable to You, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not NuZoli has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

12.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

13. Violation of the Terms & Conditions

13.1 You agree that NuZoli may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if NuZoli determines that You have violated these Terms & Conditions or Additional Terms. You also agree that any violation by You of these Terms & Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to NuZoli, for which monetary damages would be inadequate, and You consent to NuZoli obtaining any injunctive or equitable relief that NuZoli deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies NuZoli may have at law or in equity.

13.2 You agree that NuZoli may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

13.3 If NuZoli does take any legal action against You as a result of Your violation of these Terms & Conditions, NuZoli will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to NuZoli.

14. Termination

14.1 The Terms & Conditions will continue to apply until terminated by either You or NuZoli as set forth below. If You want to terminate Your agreement with NuZoli, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where NuZoli has made this option available to You.

14.2 NuZoli may, at any time, with or without notice, terminate the Terms & Conditions (or portion thereof, such as any individual Additional Terms) with You if:

• You breach any of the provisions of the Terms & Conditions, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
• NuZoli is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
• The provision of the Services to You by NuZoli is, in NuZoli’s opinion, no longer commercially viable;
• NuZoli has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

14.3 NuZoli may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

14.4 You agree that all terminations shall be made in NuZoli’s sole discretion and that NuZoli shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

14.5 Notwithstanding the foregoing, these Terms & Conditions will survive indefinitely unless and until NuZoli chooses to terminate them.

14.6 If You or NuZoli terminates Your use of the Website, NuZoli may delete any content or other materials relating to Your use of the Website and NuZoli will have no liability to You or any third party for doing so.

15. Governing Law

15.1 These Terms & Conditions and all transactions entered into on or through the Website and the relationship between You and NuZoli shall be governed in accordance with the laws of Mauritius without reference to conflict of laws principles.

15.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms & Conditions or any transactions entered into on or through the Website or the relationship between You and NuZoli shall be subject to the exclusive jurisdiction of the courts at New Delhi, Mauritius and You hereby accede to and accept the jurisdiction of such courts.

16. Report Abuse

In the event You come across any abuse or violation of these Terms & Conditions or if You become aware of any objectionable content on the Website, please report to NuZoli customer support

17. Privacy Policy

17.1. Information and Usage

This Privacy Policy explains how NuZoli collects personal and non-personal information, classified as mandatory or voluntary and uses, discloses and protects such information through the Website. ‘Personal Information’ is data that can be used to uniquely identify or contact a single person (“Personal Information”). Personal Information for the purposes of this Policy shall include, but not limited to, information regarding Your name, address, telephone number, date of birth, gender, e-mail address, etc.

You may need to provide NuZoli Your Personal Information during the course of using some services of the NuZoli, for instance, creating a User ID, provide information in Your account while registering on the Website, or provide financial information while making an online purchase, upload content, participate in any online survey or contest, communicate with NuZoli’s customer service by phone, email or otherwise, provide reviews for the content available on the Website.

NuZoli collects only such Personal Information that NuZoli believes to be relevant and is required to understand You or Your interests. NuZoli collects Your Personal Information in order to record, support and facilitate Your participation in the activities You select, track Your preferences, to provide You with a customized Website experience, to notify You of any updated information and new activities and other related functions offered by NuZoli, keep You informed about latest content available on the Website, special offers, and other products and services of NuZoli, to assist You with customer service or technical support issues, to follow up with You after Your visit, to otherwise support Your relationship with NuZoli or to prevent fraud and unlawful use.

In an effort to make our Website effective, certain information may be collected each time you visit the Website. Such information may be stored in server logs. These encrypted statistics do not identify you personally, but provide us the information regarding your visit to the Website and the type of user who is accessing our Website and certain browsing activities by You. This data may include: IP address of Your server from where the Website is being accessed, the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.), the operating system of Your system and the Website You last visited before visiting to our Website. The duration of Your stay on our Website is also stored in the session along with the date and time of your access. These data are used by NuZoli to understand the use and number of user visiting the Website. Some of the information related to the Website and Your visit to the Website may be shared by the sponsors, investors, advertisers, developer, strategic business partners of NuZoli and some associates in order to enhance and grow our business and the Website but we assure that these information will never include any of Your Personal Informations. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major Websites.

When You use the Website, NuZoli ‘s servers (which may be hosted by a third party service provider) may collect information indirectly and automatically about Your activities on the Website; for instance by way of cookies. A cookie is a small amount of data that is sent to a user’s browser from a web server and is eventually stored on a user’s computer hard drive. This anonymous information is maintained distinctly and is not linked to the Personal Information You submit to NuZoli.

Whether You want Your web browser to accept cookies or not is up to You. If You haven’t changed Your computer’s settings, most likely Your browser already accepts cookies. If You choose to decline cookies, You may not be able to fully experience all features of the Website. You can also delete Your browser cookies or disable them entirely, but this may significantly impact Your experience with the Website and may make parts of the Website non functional or inaccessible. We recommend that You leave them turned on.

We use third-party service providers to serve ads on our behalf across the internet and sometimes on this Website. They may collect anonymous information about Your visits to our Website, and Your interaction with our products and services. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user.

NuZoli also uses the log file like other website servers which is the standard measures. They include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We use them to analyse trends, administer the site, track a user’s movement and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

NuZoli DOES NOT trade or sell Your Personal Information in any manner, except as specified herein, or if express consent is sought from You.

Personal Information provided by You is used only:

(a) to facilitate Your use of the Website;

(b) to respond to Your inquiries or fulfil Your requests for information about the various services;

(c) to provide You with information about NuZoli’s products/services and to send You information, materials, and offers from NuZoli;

(d) to send You important information regarding the Website, changes to NuZoli’s terms, conditions, and policies and/or other administrative information;

(e) to send You surveys and marketing communications that NuZoli believes may be of interest to You;

(f) to personalize Your experience on the Website and NuZoli’s other websites by presenting advertising, products and offers tailored to You;

(g) to help You address Your problems with the Website including addressing any technical problems;

(h) if You purchase any content or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;

(i) for proper administering of the Website;

(j) to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);

(k) to improve the services, content and advertising on the Website;

(l) to protect the integrity of the Website; and

(m) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.

You acknowledge that apart from Your Personal Information, if You upload any content on the Website, such content may contain information including Personal Information and the same may be available to the other users of the Website. NuZoli will not be liable for the disclosure and dissemination of such Personal Information to third parties.

NuZoli may disclose aggregated information about the use of the Website, but it will never contain Personal Information. NuZoli does not disclose Personal Information to third parties in the normal course of operations. However, in situations when NuZoli is legally obligated to disclose information to the government or other third parties, NuZoli will do so.

NuZoli implements standard measures to protect against unauthorized access to and unlawful interception of Personal Information. However, no internet site can fully eliminate security risks.

17.2. Shared Personal Information

You are required to submit Your information at the time of making an online purchase on the Website. NuZoli uses an online payment gateway that is operated by a third party and the information that You share with NuZoli is transferred and shared with such third party payment gateway operator. The said operator may also have access to Your online purchase history/details that You make from the Website.

Extremely sensitive information like Your credit-card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. You are advised, however, that internet technology is not 100% safe and You should exercise discretion on using the same.

NuZoli does not store any Credit card information in its systems/ servers.

17.3. Links to Third Party Websites

The Website may provides third-party advertisements and links to other websites. NuZoli does not provide any Personal Information to these third-party websites or advertisers.

NuZoli will contain links to other websites (“Linked Site”) on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, NuZoli unless expressly specified on the Website. NuZoli is not responsible for any form of transmission, whatsoever, received by You from any Linked Site. Accordingly, NuZoli does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does NuZoli control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by NuZoli of the website, the website’s provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such websites and it is recommended that You review the privacy policy on any such websites prior to using such websites.

These third-party websites and advertisers may use technology to send the advertisements that appear on the Website directly to Your browser. In such cases, the third party websites or advertisers automatically receive Your IP address. They may also use cookies, JavaScript, web beacons and other technologies to measure the effectiveness of their advertisements and to personalize advertising content. NuZoli does not have access to or control over cookies or other features that such third party websites and advertisers may use, and the information practices of these third-party websites and advertisers are not covered by this Policy. Please contact them directly for more information about their privacy practices.

17.4. Security

NuZoli strives to ensure the security, integrity and privacy of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, NuZoli adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where NuZoli stores Your personal data.

NuZoli is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. The Website also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control.

Notwithstanding anything contained in this Policy or elsewhere, NuZoli shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

A “Force Majeure Event” shall mean any event that is beyond the reasonable control of NuZoli and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.

17.5. Disclosure

NuZoli will use information only in accordance with the Policy under which the information was collected unless we have received explicit authorization.

NuZoli may disclose any information NuZoli may have about You (including Your identity) if NuZoli determines that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) NuZoli’s rights or property, or the rights or property of users of the Website, including NuZoli’s customers. NuZoli reserves the right at all times to disclose any information that NuZoli deems necessary to comply with any applicable law, regulation, legal process or governmental request. NuZoli also may disclose Your information when NuZoli determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that NuZoli may preserve any communication by You with NuZoli through the Website or any Service, and may also disclose such data if required to do so by law or if NuZoli determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Policy; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of NuZoli, its employees, users of, or visitors to, the Website, and the public.

17.6. User Discretion

You can always choose not to provide information and in such cases, if the information required is classified as mandatory, You will not be able to avail of that part of the Services, features or content.

You can add or update Your Personal Information on a regular basis. When You update information, NuZoli will keep a copy of the prior version for its records.

NuZoli may, if You so choose, send direct advertisement mailers to You at the address given by You. You have the option to opt-out of this direct mailer by clicking at the unsubscribed link option attached to e-mail. NuZoli respects Your privacy and if You do not want to receive e-mail or other communications from NuZoli, please report to NuZoli at hello@nuzoli.ltd

If You do not want NuZoli to use Personal Information that NuZoli to You, please report to NuZoli at hello@nuzoli.ltd

The ‘Help’ portion of the toolbar on most browsers will tell You how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. Further, You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Website of its manufacturer. However, as cookies allow You to take advantage of some of the Website’s features, some of the Website’s features and services may not function properly if Your cookies are disabled. It is therefore, recommended that You leave the cookies turned on. For instance, if You block or otherwise reject NuZoli’s cookies, You will not be able to add items to Your shopping cart, proceed to checkout, or download any of NuZoli’s Content or avail of NuZoli’s services that require You to log in.

17.7. General Provisions

By accessing the Website, You have agreed to the terms set out in this Policy. This Policy should be at all times read along with the clause 3.0 Terms of Use of the Website.

Unless stated otherwise, the Policy applies to all information that NuZoli has about You and Your account.

By using this Website and the products, content and services provided on the Website, You agree and acknowledge that Your Personal Information collected through the Website may be transferred across national boundaries and stored and processed in any the country around the world. You also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of Your information may be undertaken by trusted third party vendors or agents of NuZoli such as credit card processors, web hosting providers, communication services, and web analytic providers, to help facilitate NuZoli in providing certain functions.

NuZoli may make changes to this Policy, from time to time at NuZoli’s sole discretion or on account of changes in law. NuZoli will not reduce Your rights under this Policy without Your explicit consent. NuZoli may e-mail periodic reminders of the notices and conditions, unless You have instructed NuZoli not to, but You should check the Website frequently to see recent changes. Notwithstanding the above, NuZoli shall not be required to notify You of any changes made to the Policy. The revised Policy shall be made available on the Website. Your continued use of the Website, following changes to the Policy, will constitute Your acceptance of those changes.

If You choose to visit the Website, Your visit and any dispute over privacy is subject to this Policy and the Website’s Clause 3.0 Terms of Use In addition to the foregoing, any disputes arising under this Policy shall be governed by the laws of Mauritius

18. Communications

18.1 You hereby expressly agree to receive communications by way of SMS, e-mails from NuZoli relating to Services provided through the Website.

18.2 A User can unsubscribe/ opt-out from receiving communications from NuZoli through SMS and e-mail anytime by:

1. Sending email to hello@nuzoli.ltd to unsubscribe from messages/ SMS; and
2. Newsletters sent daily at the registered email address can be unsubscribed by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail

 

19. General Provisions

19.1 Notice: All notices of NuZoli will be served by email or by general notification on the Website. Any notice provided to NuZoli pursuant to the Terms & Conditions should be sent to NuZoli customer support

19.2 Assignment: You cannot assign or otherwise transfer the Terms & Conditions, or any rights granted hereunder to any third party. NuZoli’s rights under the Terms & Conditions are freely transferable by NuZoli to any third parties without the requirement of seeking Your consent.

19.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms & Conditions shall continue in full force and effect.

19.4 Waiver: Any failure by NuZoli to enforce or exercise any provision of the Terms & Conditions, or any related right, shall not constitute a waiver by NuZoli of that provision or right.

 

20. Feedback and Information

Any feedback You provide to this Website shall be deemed to be non-confidential. NuZoli shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) NuZoli is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) NuZoli may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from NuZoli for the feedback under any circumstances.

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