Terms & Conditions

EkamEarth Creations Private Limited (“we,” “us,” or “our”) operates the online shopping platform Zivaya (the “Platform”). These Terms and Conditions (“Terms”) govern your use of the Platform, including all services, features, and content offered through www.zivaya.com or any associated mobile applications. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

1. General

1.1. The Platform is operated by EkamEarth Creations Private Limited, a company registered under the laws of India.

1.2. These Terms apply to all users of the Platform, including customers, vendors, and other visitors.

1.3. We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Platform. Your continued use of the Platform constitutes acceptance of the revised Terms.

2. Use of the Platform

2.1. You must be at least 18 years old or have the consent of a parent or guardian to use the Platform.

2.2. You agree to provide accurate, current, and complete information when creating an account or placing an order.

2.3. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

2.4. You agree not to use the Platform for any unlawful or prohibited purpose, including but not limited to:

• Attempting to gain unauthorized access to the Platform or its systems.
• Posting or transmitting harmful, offensive, or illegal content.
• Interfering with the Platform’s functionality or security.

3. Vendor Relationship

3.1. Zivaya is a marketplace that connects customers with independent third-party vendors (“Vendors”). Vendors are not employees, agents, or affiliates of EkamEarth Creations Private Limited.

3.2. All products listed on the Platform are sold and fulfilled by Vendors, not Zivaya, unless explicitly stated otherwise.

3.3. We do not control or endorse the products, services, or actions of Vendors. Any disputes related to product quality, delivery, or refunds must be resolved directly with the Vendor, subject to our policies.

3.4. Vendors are responsible for ensuring their products comply with applicable laws, including safety and labeling requirements.

4. Orders and Payments

4.1. By placing an order, you agree to pay the total amount, including product price, taxes, and shipping fees, as displayed at checkout.

4.2. Payments are processed through secure third-party payment gateways. We do not store your payment information.

4.3. Orders are subject to acceptance by the Vendor. We or the Vendor may cancel an order before dispatch for reasons such as unavailability or pricing errors.

4.4. All prices are in Indian Rupees (INR) unless otherwise stated.

5. Shipping and Delivery

5.1. Shipping and delivery are handled by Vendors or their designated logistics partners.

5.2. Estimated delivery times are provided by Vendors and are not guaranteed by Zivaya.

5.3. Risk of loss and title for products pass to you upon delivery.

6. Returns and Refunds

6.1. Returns and refunds are subject to the Vendor’s return policy, as displayed on the product listing or at checkout.

6.2. Zivaya may facilitate the return process but is not responsible for the Vendor’s compliance with their return policy.

6.3. Refunds, if approved, will be processed to the original payment method within a reasonable time, subject to the Vendor’s and payment gateway’s processing times.

7. Intellectual Property

7.1. All content on the Platform, including text, images, logos, and trademarks, is owned by or licensed to EkamEarth Creations Private Limited and is protected by intellectual property laws.

7.2. You may not reproduce, distribute, or create derivative works from any content on the Platform without our prior written consent.

8. Limitation of Liability

8.1. To the fullest extent permitted by law, EkamEarth Creations Private Limited, its directors, employees, or affiliates shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Platform or any products purchased through it.

8.2. We do not guarantee the accuracy, completeness, or reliability of any content or products on the Platform.

8.3. The Platform is provided on an “as-is” and “as-available” basis without warranties of any kind.

9. Indemnification

You agree to indemnify and hold harmless EkamEarth Creations Private Limited, its affiliates, and their respective officers, directors, and employees from any claims, damages, or expenses arising from your breach of these Terms or misuse of the Platform.

10. Governing Law and Dispute Resolution

10.1. These Terms are governed by the laws of India.

10.2. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts in [City], India.

11. Termination

We reserve the right to suspend or terminate your access to the Platform at our discretion, with or without notice, for any violation of these Terms or for any other reason.

12. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Email: support@zivaya.com
Address: EkamEarth Creations Private Limited, 55A Beni Vihar, Peerumadara, Ramnagar, Nainital, Uttarakhand, India