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Terms & Conditions
Any website or application linked to ZANANI brands or products that directs the viewer or user to these Terms (collectively, the "Site"), including the ZANANI mobile applications and zananii.com, are subject to these Terms of Use ("Terms"). All references to "ZANANI," "we," or "us" in these Terms shall refer to ZANANI or any of its subsidiaries or related companies.
You are required to accept and comply with these Terms before you can access or use the Sites. Anyone accessing or using the Site, whether as a visitor, user, or otherwise (collectively, "Users"), is subject to these Terms. You accept these Terms by accessing or using the Site. You must immediately stop using the Site and all associated services if you do not agree with any provision of these Terms.
ARBITRATION NOTICE: YOU ACKNOWLEDGE THAT DISPUTES BETWEEN YOU AND ZANANI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW.
1. Unauthorized Activities: Engage in any activity on our Site that is not specifically authorized under the "Access and Use" section above.
2. Deciphering or Reassembly: Break down, decipher, decompile, or reassemble any part of our Site or its underlying systems.
3. Automated Tools: Use automated devices or methods (e.g., robots, spiders, scrapers, or data mining tools) to access, gather, duplicate, or record any portion of our Site.
4. Copying or Transferring Rights: Copy, rent, lease, sell, transfer, assign, or sublicense any part of our Site without explicit permission.
5. Removing Proprietary Notices: Remove any proprietary legends, copyright notices, or other identifying marks on the Site.
6. Interference with Functionality: Use our Site in ways that negatively affect:
o The reliability of our servers.
o The operation of the Site or the experience of other users.
o Interactions between our Site and other applications.
7. Violation of Laws or Rights: Use the Site in violation of any law, regulation, or contractual obligation, or in a way that infringes on any intellectual property, privacy, or personality rights, or harms us, our suppliers, or other users.
8. Competitive Activities: Engage in activities that compete with us, harm our business, or create competing goods or services.
9. Competitor Evaluations: Evaluate or compare our Site against competitors' services.
10. Decoding Transmissions: Attempt to decode transmissions to or from the Site's servers.
11. System Integrity: Damage or compromise the integrity or security of our systems.
12. Malware Distribution: Use the Site to distribute malware, such as viruses or worms.
13. Fraudulent Activities: Use the Site for fraudulent or deceptive purposes, such as impersonation or misrepresentation of affiliation.
14. Unauthorized Access: Access or attempt to access the Site without authorization.
15. Disparagement: Disparage us, our products, or services in any way.
16. Misrepresentation: Refer to us or the Site in a manner that implies an endorsement, affiliation, or sponsorship without our explicit permission.
17. Sharing Credentials: Share your login credentials or passwords for the Site.
18. Bypassing Security Measures: Evade security measures designed to limit access or prevent copying of the Site's content.
19. Improper Display: Identify or display any part of our Site on another site or service in violation of our intellectual property or other rights.
20. Unauthorized Use of Content: Use the Site or its content without explicit authorization from us.
You must always obtain the approval of the owner of a User Account before using it. Your profile information that you supply when creating your User Account must be accurate, full, and kept current. All actions taken using your User Account are entirely at your discretion, and you are expected to maintain the security of your password. When you log in to your User Account, we recommend using a "strong" password, which consists of a mix of uppercase and lowercase characters, numbers, and symbols. If you ever suspect that someone is trying to access your User Account without your permission, you are required to inform us right away. Losses incurred as a result of unapproved use of your User Account are not our responsibility.
By adjusting the options on your settings page, you can manage many parts of your user profile and your experience on our site. The provision of your email address indicates your agreement that, rather than sending postal mail, we may use your email address to communicate with you regarding our services, including any notices mandated by law. In addition, we may use your email address to inform you about updates to our Site's features and promotional offers. Simply contact ZANANI or use the "unsubscribe" option in any promotional email to let them know you no longer wish to receive their messages. While opting out will stop you from receiving service-related notifications, it will also stop you from receiving emails about updates, upgrades, or deals. The User Account that you use to access our Site is not yours, and you accept this. Without prejudice to the generality or specificity of the foregoing, you acknowledge and agree that we are free to manage, regulate, control, modify, or delete any and all data stored on our (or our third-party hosting providers') servers at any time and for any reason, and that we shall not be liable to you in respect to any such decision. We have the right to remove, edit, or transfer any data stored on our systems. Regardless of the value you or any third party assigns to the data, you agree that our servers may delete, alter, move, or transfer any data, user account history, or user account content at any time for any reason, with or without notice, and without liability. Any value, monetary or otherwise, associated with data stored on our servers is expressly disclaimed and not provided or guaranteed by us. When you link our Sites to third-party services, you're essentially telling those services that we can access and use your data from their end, subject to their terms of service, and even save your login credentials.
You grant us a perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free license to collect, use, reproduce, distribute, transmit, display, store, modify, and create derivative works from your User Data. This allows us to operate, maintain, and improve the Site as described in our Privacy Policy. Additionally, we may use anonymized or aggregated User Data to enhance our products, services, and other business purposes, which then becomes part of our intellectual property.
We are not responsible for your User Data and assume no liability for it. You remain solely responsible for your User Data and agree to indemnify us for any claims arising from it.
You may display, copy, or download materials from the Site for personal, non-commercial use, provided that you do not modify them and retain all copyright and proprietary notices. Any permission granted under these terms terminates automatically if you breach these conditions. Unauthorized use may violate copyright, privacy, and communications laws.
You are responsible for ensuring that your User Content does not violate laws or third-party rights, including intellectual property or privacy rights, and that it does not contain offensive or inappropriate material. ZANANI is not liable for any User Content or any consequences arising from its use or publication on the Site.
You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property rights and privacy rights, and you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties. You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in ZANANI’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.
ZANANI is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content. We take no responsibility and assume no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over our Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on our Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that ZANANI shall not be liable for any damages you allege to incur as a result of or relating to any User Content
If you do not agree to grant the rights outlined above, you should not submit User Content.
These terms govern your use of the application, not the app store’s terms.
1. Your use of the Site or content.
2. Breach of these Terms of Use.
3. Violation of any third-party rights, such as intellectual property or privacy rights.
4. Violations of applicable laws or regulations.
5. User content submitted under your account.
6. Willful misconduct.
7. Unauthorized use of your account credentials by another party.
For any disputes arising with ZANANI, you agree to first contact us and attempt to resolve the matter informally. To initiate this process, you must send a written notice detailing your name, residential address, email associated with your ZANANI account, and a clear statement of your claim to:
If ZANANI cannot resolve the dispute within 60 days, you and ZANANI agree to submit the matter to binding arbitration through JAMS, following their Optional Expedited Arbitration Procedures. Arbitration will take place in San Francisco, California, unless both parties agree to an alternative location. • Commercial Use: For commercial disputes, each party will bear their respective JAMS fees, including administrative and arbitrator fees, unless the arbitrator determines otherwise.
• Non-Commercial Use: If you use the service for personal, non-commercial purposes:
• You may be required to pay an initial arbitration filing fee unless JAMS grants a fee waiver.
• The arbitrator may award costs, reasonable attorneys' fees, and expert witness fees to the prevailing party.
• You may still file a claim in small claims court if eligible, provided you comply with the informal resolution process.
• Injunctive Relief: Nothing in this section prevents ZANANI from seeking injunctive or equitable relief in court to prevent infringement, misappropriation, or violation of data security, intellectual property, or other proprietary rights.
Regardless of whether you use the Site for personal or commercial purposes, all claims must be brought in an individual capacity, not as a plaintiff or class member in any class action, collective action, private attorney general action, or other representative proceeding.
This waiver includes class arbitration. The arbitrator may not consolidate claims from multiple individuals unless ZANANI consents. By agreeing to these Terms, both you and ZANANI expressly waive the right to trial by jury or participation in any class or collective action.
Disputes subject to arbitration under these Terms are governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Any court proceedings permitted under these Terms will be heard exclusively in the federal or state courts located in Los Angeles, California. Both parties consent to this jurisdiction and venue.
Acceptance of Changes: Continued use of the Site after modifications constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must discontinue use of the Site.
If a provision of these Terms is found invalid by a court, the remaining provisions will remain enforceable. If the class action/jury trial waiver is deemed unenforceable, the entire arbitration agreement will also be unenforceable.
ARBITRATION NOTICE: YOU ACKNOWLEDGE THAT DISPUTES BETWEEN YOU AND ZANANI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW.
QUALIFICATION
Between you and ZANANI, this is a contract. Before you can use our Site, you need to read these Terms and agree to them. Our Site is not available to you unless you accept these Terms in its entirety. By using our Site, you confirm that you are of legal age to enter into a binding relationship with us, and that you will abide by these Terms as well as all regional, state, federal, and international restrictions. Under no circumstances may anybody under the age of thirteen(13) use or access the Site in breach of these Terms. Use of the Site by anyone under the age of eighteen (18) is subject to the involvement, consent, and agreement to these Terms of Service of a parent or legal guardian. By using this Site, you confirm that you are at least 18 years old and that you have obtained your parent's or guardian's consent to do so. By permitting your minor child to use the Site, you, as a parent or legal guardian, agree to these Terms and accept responsibility for your child's behaviour on the Site. Anyone whose account we have deleted from our system will not be able to access our Site.Obtaining and using
Our Site is available to you for personal, non-commercial use only, subject to your compliance with these Terms. Except as otherwise provided in these Terms, we retain full and complete ownership of the Site and any and all Intellectual Property (as defined below). At any moment and for any reason, we have the right to suspend or terminate your access to our Site.limitations
You agree not to, and not to allow or enable others to:1. Unauthorized Activities: Engage in any activity on our Site that is not specifically authorized under the "Access and Use" section above.
2. Deciphering or Reassembly: Break down, decipher, decompile, or reassemble any part of our Site or its underlying systems.
3. Automated Tools: Use automated devices or methods (e.g., robots, spiders, scrapers, or data mining tools) to access, gather, duplicate, or record any portion of our Site.
4. Copying or Transferring Rights: Copy, rent, lease, sell, transfer, assign, or sublicense any part of our Site without explicit permission.
5. Removing Proprietary Notices: Remove any proprietary legends, copyright notices, or other identifying marks on the Site.
6. Interference with Functionality: Use our Site in ways that negatively affect:
o The reliability of our servers.
o The operation of the Site or the experience of other users.
o Interactions between our Site and other applications.
7. Violation of Laws or Rights: Use the Site in violation of any law, regulation, or contractual obligation, or in a way that infringes on any intellectual property, privacy, or personality rights, or harms us, our suppliers, or other users.
8. Competitive Activities: Engage in activities that compete with us, harm our business, or create competing goods or services.
9. Competitor Evaluations: Evaluate or compare our Site against competitors' services.
10. Decoding Transmissions: Attempt to decode transmissions to or from the Site's servers.
11. System Integrity: Damage or compromise the integrity or security of our systems.
12. Malware Distribution: Use the Site to distribute malware, such as viruses or worms.
13. Fraudulent Activities: Use the Site for fraudulent or deceptive purposes, such as impersonation or misrepresentation of affiliation.
14. Unauthorized Access: Access or attempt to access the Site without authorization.
15. Disparagement: Disparage us, our products, or services in any way.
16. Misrepresentation: Refer to us or the Site in a manner that implies an endorsement, affiliation, or sponsorship without our explicit permission.
17. Sharing Credentials: Share your login credentials or passwords for the Site.
18. Bypassing Security Measures: Evade security measures designed to limit access or prevent copying of the Site's content.
19. Improper Display: Identify or display any part of our Site on another site or service in violation of our intellectual property or other rights.
20. Unauthorized Use of Content: Use the Site or its content without explicit authorization from us.
Accounts for Users
The features and functionality that we create and manage at our sole discretion are accessible through your account on our Site (your "User Account"). For certain Users, we may save separate sets of Account Details.You must always obtain the approval of the owner of a User Account before using it. Your profile information that you supply when creating your User Account must be accurate, full, and kept current. All actions taken using your User Account are entirely at your discretion, and you are expected to maintain the security of your password. When you log in to your User Account, we recommend using a "strong" password, which consists of a mix of uppercase and lowercase characters, numbers, and symbols. If you ever suspect that someone is trying to access your User Account without your permission, you are required to inform us right away. Losses incurred as a result of unapproved use of your User Account are not our responsibility.
By adjusting the options on your settings page, you can manage many parts of your user profile and your experience on our site. The provision of your email address indicates your agreement that, rather than sending postal mail, we may use your email address to communicate with you regarding our services, including any notices mandated by law. In addition, we may use your email address to inform you about updates to our Site's features and promotional offers. Simply contact ZANANI or use the "unsubscribe" option in any promotional email to let them know you no longer wish to receive their messages. While opting out will stop you from receiving service-related notifications, it will also stop you from receiving emails about updates, upgrades, or deals. The User Account that you use to access our Site is not yours, and you accept this. Without prejudice to the generality or specificity of the foregoing, you acknowledge and agree that we are free to manage, regulate, control, modify, or delete any and all data stored on our (or our third-party hosting providers') servers at any time and for any reason, and that we shall not be liable to you in respect to any such decision. We have the right to remove, edit, or transfer any data stored on our systems. Regardless of the value you or any third party assigns to the data, you agree that our servers may delete, alter, move, or transfer any data, user account history, or user account content at any time for any reason, with or without notice, and without liability. Any value, monetary or otherwise, associated with data stored on our servers is expressly disclaimed and not provided or guaranteed by us. When you link our Sites to third-party services, you're essentially telling those services that we can access and use your data from their end, subject to their terms of service, and even save your login credentials.
User Data
When you use or interact with the Site, we collect various types of data, including personal information, as outlined in our Privacy Policy ("User Data"). This includes information you provide to us directly or that is automatically collected via the Site. For clarity, "User Data" does not include "User Content" as defined below.You grant us a perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free license to collect, use, reproduce, distribute, transmit, display, store, modify, and create derivative works from your User Data. This allows us to operate, maintain, and improve the Site as described in our Privacy Policy. Additionally, we may use anonymized or aggregated User Data to enhance our products, services, and other business purposes, which then becomes part of our intellectual property.
We are not responsible for your User Data and assume no liability for it. You remain solely responsible for your User Data and agree to indemnify us for any claims arising from it.
Proprietary Rights
Except for your "User Content," all materials on the Site, including text, graphics, software, logos, videos, and other content ("ZANANI Content"), along with associated intellectual property rights, are the exclusive property of ZANANI or its licensors. You may not use, reproduce, distribute, or display ZANANI Content without prior written consent from ZANANI or its licensors.You may display, copy, or download materials from the Site for personal, non-commercial use, provided that you do not modify them and retain all copyright and proprietary notices. Any permission granted under these terms terminates automatically if you breach these conditions. Unauthorized use may violate copyright, privacy, and communications laws.
Interactions with Other Users
You are solely responsible for your interactions with other users. While we may monitor such interactions, we are not obligated to do so and disclaim all liability for any disputes or issues arising from these interactions.Service Location and Restrictions
Our Site is operated from the United States, and we make no guarantees regarding its availability outside this region. Users accessing the Site from other locations do so at their own risk and must comply with all applicable U.S., UAE, and local laws. The Site cannot be used by individuals in embargoed regions or those restricted by government sanctions.Submission of User Content
The Site allows users to submit various types of content, including comments, images, videos, and ideas ("User Content"). While we claim no ownership of your User Content, by submitting it, you grant us a non-exclusive, transferable, sub licensable, royalty-free, worldwide license to use, modify, reproduce, and distribute your content in connection with the Site and for business purposes, as detailed in our Privacy Policy.You are responsible for ensuring that your User Content does not violate laws or third-party rights, including intellectual property or privacy rights, and that it does not contain offensive or inappropriate material. ZANANI is not liable for any User Content or any consequences arising from its use or publication on the Site.
You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property rights and privacy rights, and you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties. You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in ZANANI’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.
ZANANI is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content. We take no responsibility and assume no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over our Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on our Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that ZANANI shall not be liable for any damages you allege to incur as a result of or relating to any User Content
If you do not agree to grant the rights outlined above, you should not submit User Content.
Telephone Communications and Agreement to Be Contacted via Automatic Dialer
10.1 Call Recording and Monitoring
You acknowledge and consent that any telephone calls made to or received from ZANANI may be monitored and recorded for quality assurance, training, or other business purposes. By engaging in such communications, you explicitly agree to such monitoring and recording.10.2 Providing Contact Information
When providing your contact details to ZANANI, including your name, mailing address, email address, and residential, business, or mobile telephone number, you certify that this information is accurate, up-to-date, and pertains to you as the current subscriber or authorized user. You are strictly prohibited from providing false or misleading contact details or any phone number that does not belong to you. Failure to comply may result in suspension or termination of your account, and ZANANI reserves the right to take appropriate action to enforce this policy.10.3 Changes in Ownership of Phone Numbers
If you have opted in to receive SMS text messages from ZANANI and your telephone number changes ownership, you are required to notify ZANANI immediately by replying "STOP" to any text message or by texting "STOP". This notification must occur before the change in ownership to ensure that communications are not sent to an unintended recipient.10.4 Consent to Automated Calls/Texts
By voluntarily providing your telephone number to ZANANI, whether during account registration, in-store transactions, through the mobile app, or any other means, you expressly consent to receive both transactional and promotional automated calls and text messages. These communications may include notifications about promotions, account updates, product recommendations, service outages, reminders, and follow-ups related to your transactions or interactions with ZANANI. This consent applies even if your number is registered on federal or state Do Not Call lists. Your agreement to receive automated communications is not a prerequisite for purchasing goods or services, and you can withdraw your consent at any time as outlined below.10.5 Opt-Out Instructions
Your consent to receive automated calls or text messages is entirely voluntary, and you have the right to opt out at any time. To stop receiving text messages, text "STOP" to any ZANANI message. Upon opting out, you will receive a final confirmation message acknowledging your request. This action does not impact your ability to continue engaging with other aspects of ZANANI services. For assistance, you can text "HELP" or contact customer support.10.6 Fees and Charges
ZANANI does not charge any fees for sending automated calls or text messages; however, standard carrier rates may apply depending on your mobile service plan. You are solely responsible for any costs incurred due to your participation in these communications. For detailed information on charges, please refer to your service provider's terms.10.7 General
It is your responsibility to maintain the necessary devices, services, and software to receive ZANANI's communications. Text messaging capabilities may depend on your carrier and device compatibility. These terms regarding automated communications remain effective indefinitely, even if your ZANANI account is closed. For additional information or inquiries, please contact ZANANI Customer Service at 091-123-456 (U.S) or email info@zanani.com.Additional Terms for Mobile Applications
11.1 Mobile Applications
ZANANI may provide software to access its services via mobile applications ("Mobile Applications"). By downloading and using such applications, you are granted a limited, non-exclusive, revocable license to use the applications on your personal devices. You agree that ZANANI may periodically release updates to improve functionality and may automatically install these updates on your device. Your use of the applications is subject to the terms of this agreement and any applicable third-party licenses, which govern open-source or third-party code embedded in the applications. This license does not constitute a sale of the software, and ZANANI retains all ownership rights.11.2 App Store Terms
If you acquire ZANANI’s Mobile Applications through a third-party app store, the following additional terms apply:These terms govern your use of the application, not the app store’s terms.
- The app store is solely a provider of the platform and bears no liability for the application's content, support, or functionality.
- ZANANI assumes full responsibility for its applications and the services they provide.
- The app store is a third-party beneficiary under these terms to the extent they relate to Mobile Applications acquired from its platform.
Privacy
Your privacy is important to ZANANI. By using ZANANI’s services, you agree to the collection, processing, and transfer of your personal information as described in ZANANI’s Privacy Policy. This includes the use of aggregate and anonymized data for analytics and other purposes. Personal information is processed in compliance with U.S., UAE, and Pakistan regulations, and by using these services, you consent to this processing.Security
ZANANI employs commercially reasonable measures to safeguard your personal information from unauthorized access, use, or disclosure. However, no security system is impenetrable, and ZANANI cannot guarantee absolute protection. You acknowledge that you provide personal information at your own risk and agree to notify ZANANI immediately if you suspect any unauthorized access to your information.Communications
ZANANI reserves the right to send electronic communications to notify you of changes to the terms of service, provide information about products or services, and share promotional or other updates. By providing your email, you agree to receive such communications unless you opt out.Promotions and Contests
ZANANI may offer promotions, contests, or sweepstakes that are governed by specific rules. Participation indicates acceptance of these rules, including ZANANI’s right to use your information for marketing purposes related to the event.Product Information
ZANANI products displayed online may not always be available in physical stores, and inventory is subject to availability. Prices listed on the Site are in U.S. dollars, UAE dirhams and Pakistani PKE applicable only within the United States and Puerto Rico.Links to Third-Party Websites
ZANANI’s services may include links to third-party websites or integrations with third-party services. ZANANI is not responsible for the content, privacy practices, or terms of these third-party sites. By accessing or interacting with these external platforms, you acknowledge and agree that ZANANI is not liable for any harm or issues resulting from your use. Use third-party services at your own risk, subject to their terms of service and privacy policies.WARRANTIES; DISCLAIMER
18.1 No Warranty of Uninterrupted Service
ZANANI does not warrant that the Site is free from viruses, malware, or other harmful components. You acknowledge that any content downloaded or otherwise obtained through the Site is done at your own risk and discretion. ZANANI is not responsible for any damage to your devices or data loss caused by your use of the Site.18.3 No Guarantee of Accuracy
While ZANANI strives to provide accurate and current information, we make no representation regarding the completeness, reliability, or timeliness of the content, including product descriptions, images, features, and specifications. Information is subject to change without notice, and any reliance on the Site's content is at your own risk.18.4 Third-Party Products and Services
ZANANI does not endorse, guarantee, or assume responsibility for third-party products or services advertised on the Site or linked through it. ZANANI is not a party to or responsible for monitoring any transactions between users and third-party providers.18.5 Applicability of Disclaimers
Certain jurisdictions do not allow limitations on implied warranties. The exclusions herein will not apply to the extent prohibited by applicable law.INACCURACY DISCLAIMER
19.1 Errors and Updates
From time to time, there may be errors, inaccuracies, or omissions in product descriptions, pricing, or availability. ZANANI reserves the right to correct such errors and to update or modify information at any time without prior notice, including after an order has been placed.19.2 Informational Purposes
All materials presented on the Site are intended for informational purposes only and are not guarantees of accuracy.19.3 Product Display and Variability
ZANANI has made every effort to display product colors accurately; however, actual colors may vary depending on your monitor settings. ZANANI does not guarantee that the displayed colors will match the products exactly.19.4 Returns and Exchanges
If you are dissatisfied with your purchase, ZANANI’s Returns & Exchanges Policy outlines the procedures for addressing such concerns.LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZANANI OR ITS , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM ZANANI), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO ZANANI'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (E) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ZANANI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ZANANI HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ZANANI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.INDEMNIFICATION
21.1 User Responsibility
You agree to defend, indemnify, and hold ZANANI, its affiliates, agents, employees, contractors, and officers harmless from any claims, damages, costs, and expenses, including attorney fees, arising from:1. Your use of the Site or content.
2. Breach of these Terms of Use.
3. Violation of any third-party rights, such as intellectual property or privacy rights.
4. Violations of applicable laws or regulations.
5. User content submitted under your account.
6. Willful misconduct.
7. Unauthorized use of your account credentials by another party.
21.2 Cooperation in Defense
READ THIS SECTION CAREFULLY. IT REQUIRES THE PARTIES TO ARBITRATE DISPUTES AND LIMITS THE RELIEF YOU CAN SEEK FROM ZANANI.For any disputes arising with ZANANI, you agree to first contact us and attempt to resolve the matter informally. To initiate this process, you must send a written notice detailing your name, residential address, email associated with your ZANANI account, and a clear statement of your claim to:
If ZANANI cannot resolve the dispute within 60 days, you and ZANANI agree to submit the matter to binding arbitration through JAMS, following their Optional Expedited Arbitration Procedures. Arbitration will take place in San Francisco, California, unless both parties agree to an alternative location. • Commercial Use: For commercial disputes, each party will bear their respective JAMS fees, including administrative and arbitrator fees, unless the arbitrator determines otherwise.
• Non-Commercial Use: If you use the service for personal, non-commercial purposes:
• You may be required to pay an initial arbitration filing fee unless JAMS grants a fee waiver.
• The arbitrator may award costs, reasonable attorneys' fees, and expert witness fees to the prevailing party.
• You may still file a claim in small claims court if eligible, provided you comply with the informal resolution process.
• Injunctive Relief: Nothing in this section prevents ZANANI from seeking injunctive or equitable relief in court to prevent infringement, misappropriation, or violation of data security, intellectual property, or other proprietary rights.
22.2 Class Action and Jury Trial Waiver
IMPORTANT: BY ENTERING INTO THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL.Regardless of whether you use the Site for personal or commercial purposes, all claims must be brought in an individual capacity, not as a plaintiff or class member in any class action, collective action, private attorney general action, or other representative proceeding.
This waiver includes class arbitration. The arbitrator may not consolidate claims from multiple individuals unless ZANANI consents. By agreeing to these Terms, both you and ZANANI expressly waive the right to trial by jury or participation in any class or collective action.
GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of California, without reference to its conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.Disputes subject to arbitration under these Terms are governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Any court proceedings permitted under these Terms will be heard exclusively in the federal or state courts located in Los Angeles, California. Both parties consent to this jurisdiction and venue.
CHANGES TO TERMS
ZANANI reserves the right to modify these Terms at any time. Material changes will be communicated via email or a notice on the Site. Notifications may vary, and ZANANI is not responsible for email filters or network issues that block our notices.Acceptance of Changes: Continued use of the Site after modifications constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must discontinue use of the Site.
ENTIRE AGREEMENT AND SEVERABILITY
These Terms, together with any amendments or additional agreements, constitute the entire agreement between you and ZANANI regarding your use of the Site. Any oral or written statements not included in these Terms are excluded.If a provision of these Terms is found invalid by a court, the remaining provisions will remain enforceable. If the class action/jury trial waiver is deemed unenforceable, the entire arbitration agreement will also be unenforceable.
NO WAIVER
ZANANI’s failure to enforce any provision of these Terms shall not be considered a waiver of such provision or any other rights. A waiver of any term does not constitute a waiver of future enforcement of that term.- Choosing a selection results in a full page refresh.
