Last Updated - June 14, 2024
Welcome to ZenBasket,
Before using our services or products you must read and understand the terms and conditions (Terms of Services). By signing up for ZenBasket Account or using ZenBasket services you agree to follow ZenBasket’s Terms of Services.
Make sure you check for updates on a regular basis. You can view this at https://getzenbasket.com/terms-of-service/
We’re excited that you have chosen to access and utilize our product or services, which are comprised of our Direct ordering platform, services, products, Mobile apps, our licensees’ websites, and the applications are collectively called “Platforms” operated by ZenBasket. “ZenBasket,” “we,” “us,” or “our” refers to ZenBasket and “you” refers to the ZenBasket user, ZenBasket client or ZenBasket subscribers. By accessing our platforms you have acknowledged that you have read, understood and agreed to our legal terms of service and privacy policy which is together called "Agreement".
We mention “Powered by ZenBasket” at the footer of our platform including your website.
In addition to ZenBasket products and services, we provide subscribers access to our proprietary platform subjected to our terms of services. The subscription agreement is between each subscriber (ZenBasket user) and ZenBasket. These terms of services require all disputes between you and ZenBasket to be resolved by BINDING ARBITRATION in accordance with the Indian Arbitration and Conciliation Act, 1996 and the United States Federal Arbitration Act.
Please read them carefully, these will affect your legal rights.
ZenBasket has the right to update this agreement from time to time with or without notice to you in our sole discretion. If a judicial authority declares any provision of this Agreement void or unenforceable, the remaining parts of the Agreement will remain in full force and effect.
By visiting or browsing the platforms as a user or client you have to accept and agree to our terms of services available at https://getzenbasket.com/terms-of-service Further, you must read our privacy policy before signing up on ZenBasket. If you are accepting these Terms on behalf of ZenBasket and legal entities you are authorized to do so by the terms, you are legally bound by the terms.
By agreeing to ZenBasket terms of services you have understood that your Materials mean your trademarks, copyright content, product or services you sell including description, price, photos, videos, graphics, content, audio, code, information and other data may be transferred unencrypted or encrypted over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. As a ZenBasket user, you agree not to reproduce, duplicate, manipulate, copy, sell, resell or exploit any portion of our platform. You agree not to access the services or monitor ZenBasket platform information and resources using any robots, spiders, scrapers, in-person, or other automated tools and technologies.
If you do not agree to any of these terms, then please do not use our platforms including the website, app and software. We have full rights to terminate your account if you violate any of these terms.
To access and use our Platform (ZenBasket) you must register for an account (ZenBasket user or ZenBasket admin account).
Your use of our website (ZenBasket) may involve the gathering of certain Personal Information. Our policies concerning the collection and use of such Personal Information are governed according to our Privacy Policy which is hereby incorporated by reference in its entirety.
ZenBasket platforms are available only to individuals aged 18 years or older, as per state law. If you are 18 or above, but under the age of majority in your jurisdiction, you should carefully review and understand this Agreement with your parent or guardian and make sure they have understood this Terms of Service.
You may not use the platform to sell or purchase alcohol products, any tobacco or nicotine products, cigarettes and e-cigarettes unless you and the recipient meet the minimum age requirements under applicable state or provincial laws.
If you’re willing to sell tobacco and alcoholic products, you have to present your valid photo identification verifying your age at the time of product pick up or receive delivery of your order from others.
We reserve the right to immediately deny or terminate your access to our platform, with or without notice, if we determine, in our sole discretion, that you have violated or attempted to violate this policy.
For the avoidance of doubt, even if you are of legal age to purchase or sell tobacco and other liquor products in your jurisdiction, doing so or attempting to do so through our Platform is expressly prohibited.
During the registration procedure, you will be required to create an account, which will necessitate the input of your name, company information, contact number, email address, and details regarding your services. Please provide the correct email and password for the purpose of verifying your identity when logging in. It's your responsibility to keep your password securely. ZenBasket cannot and will not be held accountable for any losses or damages resulting from your failure to safeguard your account and password, as well as for ensuring that all activities associated with your organizational account are in compliance with this Agreement. In the event you forget your password, you can initiate the reset process directly from the admin panel. If you decide to deactivate your account, reactivation can only be accomplished with the assistance of our support team.
We retain the right to deny service, suspend, or terminate any user at our discretion, with or without prior notice.
According to your ZenBasket pricing plan, you have the flexibility to establish one or more staff accounts, known as "Staff Accounts," granting access to other individuals. Each Staff Account should contain the person's full legal name and a valid email address. With Staff Accounts, the Store Owner has the authority to assign permissions, allowing others to work within their account while specifying the level of access to specific business information.
The Store Owner bears responsibility for two important aspects: (a) ensuring that their employees, including those with Staff Accounts, adhere to the Terms of Service, and (b) taking accountability for any breaches of the Terms of Service by the Store Owner's employees. The Store Owner agrees that they are responsible for fulfilling all their obligations as specified in the Agreement. Both the Store Owner and the users under Staff Accounts are collectively referred to as "ZenBasket Users."
When you sign up for a free trial of one or more Services, ZenBasket grants you complimentary access to those Services for the trial duration. The trial period will end at the earlier of (i) the conclusion of the trial period for the relevant Services (unless you choose to end it sooner), (ii) the commencement of the paid subscription period for those Services, or (iii) termination at ZenBasket's discretion.
Please note that any data entered and customizations applied during the free trial will be retained for 90 days unless you: (i) upgrade to the corresponding paid subscription plan, (ii) purchase relevant Service upgrades, or (iii) export the data before the trial period expires.
It's essential to note that during the free trial, the Services are provided on an "as-is" basis, without any warranties, commitments, support, or liability, as permitted by law.
In the ZenBasket platform, you can post any content including text, graphics, photographs or other information. The information that is posted for communication or another purpose in ZenBasket belongs to the person who posted it. You may use any unique content posted by you without any restriction. But you should use others’ content only in the ways described in these Terms of Service. ZenBasket cannot control all Content posted by third parties to the Platform, inclusive of our user interfaces, and does not guarantee the accuracy, integrity, or quality of such Content.
By using our platform you recognize that you may be exposed to Content that you find offensive, indecent, inaccurate, or objectionable, and ZenBasket will not be accountable for any Content under any circumstances, you agree. Please contact ZenBasket if you have any offensive materials to report. By accessing the website, interfaces, and Platforms you agree to use it, including all features and functionalities associated therewith our website, other user interfaces, and all content and software associated therewith following all applicable laws, rules, and regulations, or other restrictions on the use of the platforms or Content therein.
In addition to acknowledging and agreeing to these terms of service,
As a ZenBasket Merchant, you agree to provide public-facing contact information (Name, Email and Number), policies and order fulfillment timelines on your ZenBasket store. You acknowledge and agree that the platform is not a marketplace and any sales of any product are directly made between you and the customer and do not involve ZenBasket.
You are fully responsible for the creation, operation and maintenance of your ZenBasket store, your goods, services and materials including description, price, fee, tax, charges and more. All aspects of the transaction are processed between you and your customers.
This includes but is not limited to authorizing the charge to customers in respect of customer purchases, returns, refunds or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, and alleged or actual violation of applicable laws.
As a store owner, you must have your own Terms of Service and Privacy Policy, ZenBasket is not responsible for those agreements.
Payments & Refunds - As a ZenBasket user, you're the Admin, and you have the option to select either a free or paid subscription based on your needs and our policies. You're responsible for paying the applicable Fees for your chosen subscription to the Online Service, and you must maintain a valid payment method on file to cover all incurred and recurring Fees. ZenBasket may charge Transaction Fees and Additional Fees as needed. For U.S. customers, all pricing is quoted in U.S. dollars, and payments are required in U.S. currency. For Indian customers, all pricing is quoted in Indian rupees, and payments are required in the local currency. Please note that ZenBasket does not offer refunds. Any unused amount from your current plan will be applied to your upcoming subscription.
Auto Renewal - Your subscription, processed exclusively through Stripe Payments, will automatically renew at the end of each period. The renewal fee will be charged to your last-used debit/credit card. Monthly or yearly subscriptions will continue to auto-renew until you decide to cancel. Ten days before each renewal, we'll email you a reminder. The next subscription amount will be deducted 3 days before the current plan ends, with the new plan applying after the current subscription ends. Following each renewal, you'll receive an email receipt. To change your payment method, update it before the renewal date. If you wish to cancel, notify us at least seven days before renewal. Automatic renewal applies to upcoming subscription plans for U.S. customers. However, auto-renewal is not available for Indian customers.
Periodically, service prices may change or charges introduced for previously free services. Any price adjustments will apply after your current billing cycle expires. You'll only be charged if you've selected a paid subscription plan.
Tax - All Fees do not include applicable federal, provincial, state, local, or other governmental sales taxes, goods and services taxes (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), or any other taxes, fees, or charges, whether currently in effect or enacted in the future ("Taxes").
You are responsible for paying any Taxes related to your subscription or purchase of ZenBasket's products and services. If ZenBasket applies Taxes, they will be calculated based on the tax rates determined by your billing address. These amounts are in addition to the Fees and will be charged to your Authorized Payment Method. If you are exempt from Taxes, you must provide proof of your exemption, which may require an original certificate meeting legal requirements for tax-exempt status. Tax exemption will begin once ZenBasket receives satisfactory evidence of your exemption. If ZenBasket doesn't charge Taxes, you are responsible for determining if Taxes apply and remitting them to the appropriate tax authorities.
To be clear, all payments to ZenBasket under these Terms of Service should be made without any deductions or withholdings. Other than Taxes charged by ZenBasket and remitted on your behalf, any required deductions or withholdings under the law are your responsibility and must be paid separately to the relevant tax authority. ZenBasket has the right to charge the full amount of Fees specified in these Terms of Service to your Authorized Payment Method, disregarding any required deductions or withholdings.
You are responsible for determining, collecting, withholding, reporting, and remitting any applicable taxes, duties, fees, surcharges, or additional charges related to sales on your ZenBasket Store or your use of the Services. The Services do not act as a marketplace, and any sales made through the Services are direct transactions between you and the customer. Ensure that your location in the administrative console of your ZenBasket Store is accurate, and promptly update it if you change jurisdictions. ZenBasket does not offer refunds.
ZenBasket is not responsible for the security of cardholder data received from our customers. The third-party payment gateway is responsible for ensuring the security of this data. We comply with the most recent version of the Payment Card Industry Data Security Standard (PCI-DSS) and other applicable laws, rules, and regulations to the extent that we store, handle, or transfer cardholder data. The Admin should not reveal the Payment Method details associated with their bank account (for example, the four-digit of your pin, the card information or others). BY SHARING THE ZENBASKET ACCOUNT PASSWORD OR THE PAYMENT GATEWAY PASSWORD, THE ADMIN AGREES TO BE RESPONSIBLE FOR ENSURING THAT THE PERSONS WITH WHOM THEY SHARE THE PASSWORD COMPLY WITH THE TERMS OF SERVICE, AND SUCH ADMIN SHALL BE RESPONSIBLE FOR THEIR ACTIONS.
ZenBasket is not responsible for refunds between you and your users. You are solely responsible for your refund policies, terms of service, and privacy policy.
Any abusive behavior towards other users of the Platforms or ZenBasket personnel will result in immediate account termination.
PCI Compliance: ZenBasket is not responsible for the security of cardholder data received from shop owners and/or customers. The third-party payment gateway is responsible for ensuring the security of this data when processing orders. ZenBasket complies with the most current version of the Payment Card Industry Data Security Standard (PCI-DSS) and other applicable laws, rules, and regulations regarding the handling of cardholder data.
ZenBasket integrates with a few third-party services to provide shipping and delivery methods. Shop owners shall use the features on the Platform that permits shop owners to communicate with Customers regarding their shipment and delivery. As a customer, kindly check the shipping and delivery method on the website of your order.
ZenBasket is not responsible for picking up, transporting, delivering or dealing with your shipment and delivery.
As an admin, you have the flexibility to terminate your ZenBasket platform subscription at any time. Upon cancellation, all data associated with your user account will be permanently deleted, and unfortunately, there won't be an option to back up your data. It's important to note that the amount for the unused period will not be refunded.
Additionally, deactivating your account will retain associated data for a duration of 90 days, a measure that also applies to inactive user accounts. If you stop payments or deactivate your ZenBasket store, your account and recurring plugin charges will be frozen. Resuming payments or reopening your store within 90 days will unfreeze your account, and recurring plugin charges will resume accordingly. Your account may be terminated without notice for inappropriate actions or violations.
ZenBasket can connect to third-party apps. When you use these apps, you must agree to their rules and privacy policies. It's your job to read and understand these rules before using them. ZenBasket doesn't control these third-party apps.
We'll try to let you know in advance, but be aware that ZenBasket can stop, limit, or remove access to these third-party apps on our platform at any time, for any reason. If this happens, ZenBasket won't be responsible for any losses you may incur, like losing money, data, or the trust of your customers.
The platform includes an online shopping experience that lets your brand reach more customers. We include multiple third-party integrations, in-built functions, automation and more. You can use single or multiple images from our ZenBasket Gallery of your product and we use your product images, content and other information for our business purposes. We reserve the rights in our sole and absolute discretion to make changes to our platform from time to time and without any notice of how and why we operate this. We are constantly updating our platform, and our Terms of Service might often not accurately represent these changes.
For members in certain countries, some of the products can be added to your social media pages from your online store (Created by ZenBasket).
BY CONNECTING YOUR ZENBASKET ACCOUNT TO YOUR SOCIAL MEDIA ACCOUNT, YOU AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS INCLUDING ON SOCIAL MEDIA. IF YOU DON'T WANT INFORMATION ABOUT YOURSELF TO BE SHARED IN THIS MANNER, DO NOT USE THE SOCIAL MEDIA INTEGRATION FEATURES.
You can give your ZenBasket Store a unique look by using design templates from ZenBasket's Themes. However, it's important to note that you cannot sell a theme to someone else's Store, either on ZenBasket or elsewhere. You do have the option to customize the theme to better match your Store's style. In the future, ZenBasket may introduce fees for theme usage to support the development of new and enhanced design options. ZenBasket may, at its discretion, add or make changes to the footer of a theme that mentions ZenBasket. If you need more assistance, you can reach out to our support team at contact@getzenbasket.com.
By using or accessing ZenBasket, you agree and consent to having your Internet Protocol address, Media Access Control address, and browser details recorded and monitored to prevent abuse, hacking, and other harmful efforts to compromise the security of our platforms. Capturing this data not only improves security but also enables ZenBasket to improve the Buyer experience. We may also utilize this information to troubleshoot customer service concerns, find bugs, and optimize user engagement and navigation on the Site and Seller's online stores, websites, and other online channels. ZenBasket, as a managed service, is constantly striving to enhance and please Buyers. Anyone (Buyers) accessing the ZenBasket Site and consuming “gated” content, whereby you offer your personal information in exchange for ZenBasket content or platforms expressly acknowledges and agrees they are “opting in” to permit ZenBasket to contact them through email, phone, text message or any other form of communications (including auto-responders, dialers and other forms of automated marketing services). Anyone may “opt-out” from ZenBasket communications at any time.
You agree, understand, and accept that the website is an online platform that allows you to sell/buy products mentioned on the website at any time and from any location. You further agree and acknowledge that ZenBasket is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on ZenBasket. Although we encourage you to e-mail us, you should not send us any confidential information. Concerning all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose, including but not limited to developing, producing, and promoting platforms that use such information.
ZenBasket’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the platform, you agree to abide by the following community rules:
We reserve the right, in our sole and absolute discretion, to deny you (or any device or IP address) access to the platforms, or any portion of the platforms, without notice.
As between ZenBasket and you, we own and retain all rights, title and interest in and to the platform, services, website, app, content, data and aggregated data including modification, updates, enhancement, adaptation, and improvements made to the same. The subscriber data and proprietary rights therein remain your sole responsibility. ZenBasket may collect, use and disclose any transactional information and performance data related to your use of the platforms for its business purposes provided that such use never reveals your identity or any other confidential information or Personally Identifiable Information(PII) and Sensitive Personally Identifiable Information (SPII).
You are solely responsible for keeping the information you supply us up to date and accurate. You are responsible for maintaining the confidentiality of information about your account and password. When you log in to your account using a public or shared network you should log out at the completion of each visit. If you find that you are a victim of identity theft that involves a ZenBasket account, you must notify us. Then you must report this instance to all your card issuers as well as your local law enforcement agency.
In addition to that, you should be mindful of any communication requesting your credit card information as providing this type of communication request results in identity theft. Always access your sensitive information regarding your ZenBasket account in private. ZenBasket reserves the right to place any account on hold anytime with or without notification.
You should indemnify ZenBasket for damages, costs and fees that ZenBasket incurs from any third party claim that:
You can assume the defense of any third-party claim is reasonably satisfactory to ZenBasket. We may employ our own counsel in any such case and pay counsel fee expenses. You have the right to settle any claim for which indemnification is available. THE PARTIES DISCLAIM ANY with some other for disputes. IMPLIED NON-INFRINGEMENT WARRANTY AND RELY ON THE TERMS OF THIS SECTION INSTEAD.
Through our services, you can send specific communications to your customers using SMS messaging. When using our SMS Services, it's important to adhere to the terms outlined in our Terms of Service, as well as any other relevant terms, including but not limited to Twilio's Acceptable Use Policy and 2factor's Acceptable Use Policy, which may be updated periodically. Furthermore, you should ensure compliance with the laws of the jurisdiction from which you send messages and the laws of the jurisdiction in which your messages are received. This ensures responsible and lawful use of our SMS Services. For users in the United States, it's your responsibility to handle your Twilio account. However, if you are an Indian user, we can manage your SMS service provider account for you.
The Shop App is a ZenBasket application available to Eligible Merchants for customer engagement. It's considered part of our Services, and all the terms and conditions applicable to the Services are relevant here. To provide some context, ZenBasket reserves the right to deny a Merchant access to or use of the Shop App, in whole or in part, for any reason and at any time without prior notice, within the boundaries of these Terms of Service and relevant guidelines. Only Merchants who meet the merchant requirements and do not sell prohibited items, such as age-restricted products like alcohol, tobacco, or gambling, are eligible. Prohibited items also include animals, vehicles, cannabis products, drugs, hazardous materials, and other restricted categories.
Our pricing plan offers the Single Store App at a one-time cost of 305 USD or 25,000 INR (excluding taxes), with an additional annual maintenance fee of 15%. The system should effortlessly accommodate changes in both the one-time and maintenance fees as needed. Changes in the one-time fee won't affect existing users, but it will impact the maintenance fee for the following years. If there's a mid-year adjustment in the maintenance fee, it will come into effect from the next year. Billing for the one-time fee and maintenance fee is handled separately. Admins have the flexibility to cancel or freeze the store app anytime, with no refunds for fees already collected. If a user cancels the Single Store App, we won't collect the maintenance fee from the subsequent year.
As a merchant, you are responsible for creating organizational accounts on both the Play Store and the App Store to showcase our Single Store App. Please note that the account registration fee is separate and not included in the Single Store App fee.
For Google Play account creation, please refer to the instructions provided here: https://support.google.com/googleplay/android-developer/answer/6112435?hl=en . A one-time registration fee of 25 USD is applicable.
To set up an App Store account, use the link https://developer.apple.com/programs/enroll/ . Choose the Organization enrollment type, which incurs an annual cost of 99 USD.
ZenBasket provides no guarantees or warranties regarding the functionality of the Beta Services. ZenBasket retains the right to discontinue the Beta Services at its discretion, without assuming any liability for any issues or damages arising from or related to the use of Beta Services. It's important to understand that Beta Services may not operate in the same manner as a final version, and ZenBasket may decide to modify or not release a final or commercial version of a Beta Service at its sole discretion.
Social Media Strategy: We develop social media marketing strategies tailored to each client's goals and target audience. While we strive to achieve the best results, we do not guarantee specific outcomes or return on investment.
Scheduled Communication: The service provider and the client agree to schedule regular calls or meetings to discuss progress, strategies, and any pertinent updates regarding the services being provided.
Deliverables and Results: The service provider shall outline specific items or results that the client will receive as part of the service agreement. These deliverables will be clearly defined in the contract or agreement between both parties.
Revisions and Approvals: The Client is entitled to a specified number of rounds of revisions per design. Additional revisions or changes beyond the agreed scope will be billed separately. The Client must provide feedback and approvals in a timely manner to avoid delays.
Advertising Budget Allocation: For paid social media advertising campaigns, clients are responsible for providing an advertising budget. We strategically allocate this budget to maximize reach and engagement; however, results may vary based on factors such as audience targeting and competition. It's important to note that ZenBasket platform charges are excluded from this advertising budget.
Advertising Campaigns: We may run paid advertising campaigns on social media platforms, such as Facebook Ads or Instagram Ads, to promote our clients' products or services. While we optimize campaigns for maximum reach and engagement, results may vary.
Compliance with Platform Policies: Our social media marketing services adhere to the terms and policies of each social media platform, including guidelines for advertising content, audience targeting, and community standards. You are responsible for ensuring compliance with these policies.
Access and Cooperation: The client agrees to provide the necessary access to information, platforms, and cooperation required for the service provider to effectively perform their work. Failure to provide such access may result in delays or limitations in service delivery.
Review and Approval Process: The client shall review the work submitted by the service provider within a reasonable timeframe as specified in the contract. Approval of work or any necessary revisions shall be communicated promptly to ensure timely progress.
Analytics and Reporting: We provide regular reports and analytics on the performance of social media marketing efforts, including metrics such as reach, engagement, and conversions. These reports serve as a guide for future strategy adjustments but do not guarantee specific outcomes.
Third-Party Platforms and Policies: Our social media marketing services are subject to the terms and policies of each social media platform. We are not responsible for changes in algorithms, policies, or features implemented by these platforms that may impact campaign performance.
Non-Responsibility for External Platforms: You acknowledge that ZenBasket, the service provider, holds no responsibility for any solicitations or payment requests from third-party platforms, such as Facebook, Instagram, etc. You agree to exercise caution and discretion when interacting with such platforms and absolve ZenBasket from any associated liabilities.
Payment Terms: You agree to pay the support team the total service fee of a specified amount in full before the service begins. Additional revisions beyond the included number of rounds will be billed at a specified rate per hour. Payments are due within a specified number of days of invoicing.
Confidentiality: All disclosed proprietary information will be kept confidential and secure. We will not use this information beyond the scope of this Agreement. However, we cannot be held responsible for any breaches of confidentiality or security from your side.
Termination & Refunds: ZenBasket reserves the right to terminate the service if any issues arise with the client. Alternatively, if you wish to discontinue the service, you must formally cancel it. Full payment is non-refundable once the service starts and no refunds for cancellations. ZenBasket will provide the completed work.
Content Restrictions & Brand Inclusion: You agree not to develop End Products that include pornographic, sexually explicit, violent, or potentially harmful content, or material that could be construed as slanderous or libelous. As part of our branding policy, our logo will be included in all posters and videos created for you. Moreover, you are prohibited from using the ZenBasket logo in any violent or harmful content.
Your Use of the Services: As a condition of your use of the Services, you agree to comply with all applicable laws, provide accurate information to us, update it as necessary, and review and comply with notices sent by ZenBasket concerning the Services.
Scope of Work: The support team agrees to provide logo and video design services as outlined in the respective package you choose or the personalized quote you receive from our side. The support team will deliver initial design concepts for the Client’s review within a specified number of days/weeks from the start date. The Client will receive a specified number of rounds of revisions for each design as per the agreed terms.
Payment Terms: You agree to pay the support team the total service fee of a specified amount in full before the service begins. Additional revisions beyond the included number of rounds will be billed at a specified rate per hour. Payments are due within a specified number of days of invoicing.
Revisions and Approvals: The Client is entitled to a specified number of rounds of revisions per design. Additional revisions or changes beyond the agreed scope will be billed separately. The Client must provide feedback and approvals on time to avoid delays.
Termination & Refunds: ZenBasket reserves the right to terminate the service if any issues arise with the client. Alternatively, if you wish to discontinue the service, you must formally cancel it. Full payment is non-refundable once the service starts and no refunds for cancellations. ZenBasket will provide the completed work.
Confidentiality: All disclosed proprietary information will be kept confidential and secure. We will not use this information beyond the scope of this Agreement. However, we cannot be held responsible for any breaches of confidentiality or security from your side.
Liability: The support team will not be liable for any indirect, incidental, or consequential damages arising from the Services. The support team’s total liability shall not exceed the amount paid by the Client for the Services. The Client agrees to indemnify and hold harmless the support team from any claims, damages, or expenses arising out of the Client's use of the Services, including but not limited to intellectual property claims.
Intellectual Property Rights: The support team retains ownership of all preliminary designs and concepts. Upon full payment, the support team grants the Client exclusive rights to use the final logo and video designs. The support team retains the right to display the work in their portfolio and marketing materials.
Client Interference: The Client agrees not to interfere with any employees engaged in the service, whether during or outside of the service timeline. Specifically, the Client shall not communicate with, request, or assign any additional tasks to these employees without obtaining prior acknowledgment and approval from the Company. This ensures that the service remains focused and that the employees' efforts are directed appropriately. Any violation of this clause may result in the immediate termination of the contract and potential legal action.
Non-Interference with Other Clients: The Client agrees not to interfere with the Company's relationships with other clients. Without the Company's explicit knowledge and permission, the Client shall not use, reference, or communicate any content, videos, logos, or any work related to other clients the Company is working with. This policy helps maintain the integrity and confidentiality of the Company's engagements with all its clients. Any breach of this clause will be considered a serious violation and may lead to the termination of the contract and potential legal repercussions.
Service Limitation: The design services provided are one-time services. Any further modifications or new design requests after the final approval and delivery will require a new agreement and additional fees.
Store Setup Cost: Currently, we are offering store setup services for free as an introductory offer to help our clients get started with minimal initial investment. This service includes assistance with setting up your online store, configuring essential features, and ensuring a smooth launch. However, please note that this complimentary service is temporary. In the future, we plan to transition to a paid model for store setup services.
Force Majeure: The support team shall not be liable for any failure to perform its obligations under this Agreement if such failure results from circumstances beyond the reasonable control of the support team, including but not limited to acts of God, war, terrorism, labor strikes, natural disasters, or interruptions in internet or communication services.
Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved amicably, it shall be submitted to mediation before resorting to litigation or arbitration.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which ZenBasket is located, without regard to its conflict of laws principles.
Content Restrictions & Brand Inclusion: You agree not to develop end products that include pornographic, sexually explicit, violent, or potentially harmful content, or material that could be construed as slanderous or libelous. As part of our branding policy, our logo will be included in all posters and videos created for you. Moreover, you are prohibited from using the ZenBasket logo in any violent or harmful content.
We retain the authority to, at our discretion, update or modify any part of the Terms of Service at any time. We will give you reasonable advance notice of changes that significantly affect your use of the Services or your rights under these terms, typically through an email sent to your primary email address. However, there may be situations where immediate changes are necessary, whether for legal, regulatory, fraud prevention, security, or to restrict products or activities we consider unsafe, inappropriate, or offensive. Unless otherwise specified in our notice, any changes to the Terms of Service will become effective immediately upon posting on this page. If you continue to use the Services after notice or the posting of updated terms, it indicates your acceptance of the changes and agreement to be bound by the amended Terms of Service. If you do not agree with the revised terms, you should discontinue using the Services. Additionally, ZenBasket reserves the right to modify the Fees for the Services, and we will notify you 30 days in advance by sending an email to your primary email account. ZenBasket is not responsible to you or any third party for any changes in services, such as modifications, price adjustments, suspensions, or discontinuations (or any part of them).
In the event that we receive a complaint from any individual regarding your actions while using the Services, we will promptly forward the complaint to the primary email address associated with your user account. You are required to directly address the complaint within 10 days of receiving our email, while also keeping ZenBasket informed of the communication.
Failure to respond to the complainant within the specified 10-day timeframe from the date of our email may result in us disclosing your name and contact details to the complainant, facilitating their pursuit of legal action against you. It's important to understand that your lack of response within the stipulated time frame will be considered as your consent for ZenBasket to share your name and contact information with the complainant.
Our policy allows us to deactivate unpaid user accounts that have been inactive for a continuous period of 120 days. When such deactivation occurs, all data associated with the user account will be removed and you can’t backup your data. This data deletion policy may be applied to any or all of our Services. Each Service is treated as an independent entity for calculating inactivity, meaning that activity in one Service alone is not sufficient to maintain the activity status of your user account in another Service. For accounts with multiple users, as long as at least one user remains active, the account will not be classified as inactive.
The location of the cloud facility where you receive our services is determined based on the mapping of your region or country to the available cloud facilities at the time of your registration. In the event of any changes to the mapping between regions or countries and cloud facilities, we may need to relocate your account or request that you move it to a different cloud facility.
It's important that you do not hide or manipulate your internet protocol (IP) address during the registration process, as your region or country is identified based on your IP address. If we discover at any point that your actual region or country differs from what is in our records, ZenBasket may take appropriate actions, such as relocating your account to the cloud facility corresponding to your actual region or country, or, in certain cases, closing your account and discontinuing our services to you.
If you are being served from a cloud facility outside your region or country, and there is a ZenBasket presence in your region or country, we may also keep a local copy of your data in your region or country, in addition to storing it in the assigned cloud facility.
From time to time, we test our product in various aspects, including our website, interfaces, service levels, plans, promotions, features, delivery, pricing and integrations. We (ZenBasket) reserve the right to include or exclude you from these tests with or without notice.
By agreeing to our terms of service you acknowledge and agree that any arbitration or process between us and you will be limited to the dispute between us in accordance with the Indian Arbitration and Conciliation Act, 1996 and the United States Federal Arbitration Act. To the extent permitted by law,
If any section of the Terms is determined to be defective by a court of competent jurisdiction, the parties agree that the court should strive to give effect to the parties' intentions as closely as possible.
Here you agree that you may bring claims against us including our website, product, services, platform or brand in your own capacity and not as a class member in any purported class or representative proceeding.
You and ZenBasket agree that any dispute, claim or controversy arising out of or relating in any way to the platforms, including our website, user interfaces, these Terms of Service, and this Arbitration Agreement shall be determined by binding arbitration in Washington County, Oregon, instead of in courts of general jurisdiction. Arbitration is less formal than a judicial proceeding. Arbitration, rather than a judge or jury, uses a neutral arbitrator, allows for more limited discovery than in court, and is subject to extremely limited judicial review. Arbitrators have the same power to award damages and relief as a court. If a dispute arises out of or relates to this Agreement, the Services, or any other platform we provide (each, an "Issue"), either party may elect to resolve the dispute via binding arbitration governed by the Federal Arbitration Act ("FAA"), Arbitration and Conciliation Act, 1996. By agreeing to these Terms of Service, you acknowledge that the United States Federal Arbitration Act and the Indian Arbitration and Conciliation Act, 1996 govern the interpretation and enforcement of this section and that you have read and understood it. This arbitration provision shall survive the termination of this Agreement and the termination of your ZenBasket membership. YOU AND ZENBASKET AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH A CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION MAY ALSO LIMIT DISCOVERY AND APPEAL RIGHTS. Further, unless both you and ZenBasket agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this particular provision is judged to be unenforceable, the entire arbitration clause will be null and void. Only the particular party requesting remedy may receive declaratory or injunctive relief, and only to the degree necessary to give relief merited by that party's claim. The parties may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we have the right to file an injunction in any court with jurisdiction.
THE WEBSITE AND OUR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ZENBASKET DOES NOT MAKE ANY WARRANTIES CONCERNING THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. ZENBASKET EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COUR
(I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST PROFITS IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS:
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, AND (II) ANY DIRECT DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT ARE LIMITED TO ONE HUNDRED DOLLARS ($100). IN SOME JURISDICTIONS, THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED. AS A RESULT, SOME OF THE ABOVE WARRANTY LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OMISSIONS MAY BE FOUND ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY OF THE WEBSITE'S TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS. WE RESERVE THE RIGHT, WITHOUT NOTICE, TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE.
With respect to these Terms of Service, you agreed that:
It is the policy of ZenBasket to respect the Intellectual property rights of others. ZenBasket does not condone the unauthorized distribution of copyrighted content. If you believe your work has been reproduced in a way that constitutes copyright infringement or any infringing material available through the platforms please contact us.
ZenBasket values your ideas and suggestions to enhance our services. We welcome your feedback and encourage you to share your thoughts. Please keep in mind that any information, suggestions, or reviews you provide to ZenBasket, whether related to our services, third-party services, or third-party providers, will not be treated as confidential, and no compensation should be expected. By submitting your feedback to ZenBasket, you grant us the right to use and implement your suggestions without the need for further permission or licenses from you or any third party.
In the case of reviews for third-party services or providers, we ask that you ensure your reviews are accurate to the best of your knowledge. They should not violate any laws, contain obscenities, threats, defamation, invade privacy, infringe upon intellectual property rights, or cause harm to third parties. ZenBasket retains the right to review and potentially edit feedback related to third-party services or providers, although we do not engage in routine monitoring of all posted feedback.
We value your feedback and are committed to providing an open and respectful platform for sharing suggestions and reviews. Your input helps us improve our services for everyone's benefit.
If you need any assistance regarding your account, you may find a solution in the support section. For any customer service questions, you can also contact us at contact@getzenbasket.com.
If you still have questions or concerns after going through this Agreement, don't hesitate to get in touch with us. You can reach us at the following addresses.