Terms of Services

Last Updated - 20/11/2023

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.

  1. You have agreed to give up your right to go to court to assert or defend your rights under this contract and CLASS ACTION WAIVER
  2. You agree that you may only make claims against us in your own will, not as an appellant or member of a class or representative proceeding.

Please read them carefully, these will affect your legal rights.

Acceptance of Terms

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.

Account Terms

Account Registration

To access and use our Platform (ZenBasket) you must register for an account (ZenBasket user or ZenBasket admin account).

  1. To complete your account registration as a user, you must provide us with your name, email and phone number.
  2. To complete your account registration as a business owner you have to provide us with your legal name, business address, business name, a valid email and phone number, and other required information.
  3. If you furnish information that is found to be false, misleading, outdated, or incomplete, or if ZenBasket has valid reasons to suspect the inaccuracy or incompleteness of such information, ZenBasket reserves the right to terminate your user account and may deny your current or future access to any or all of the Services.

Personal Information

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.

Eligibility and Restrictions

The ZenBasket platforms are available only for individuals aged 18 years or above. 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.

Accounts & Passwords

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.

Staff Accounts

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. For example, the Store Owner can limit Staff Account access to Themes on the Design page or prevent them from making changes to general theme settings.

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."

Terms of Free Trials

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 be aware that any data entered into the Services and any customizations applied during the free trial will be permanently lost unless you take one of the following actions: (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.

User Conduct & Submission

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,

  1. You are not supposed to upload, publish, post, or e-mail material that transmits software viruses, computer codes, files, or programs designed to interrupt, destroy or limit the features and functionality of ZenBasket Platforms.
  2. You also agree not to interfere or violate any of the servers or networks that are associated with any portions of the Platform.
  3. You also agree not to impersonate any other person while using the Platform in an offensive manner for unlawful purposes.
  4. By using the Platform, you are allowing ZenBasket to send certain communications. For example, ZenBasket may send you newsletters about new ZenBasket features, special offers, promotional announcements, and customer surveys via email or other methods. You can find the unsubscription link at the end of each email.

Merchant Responsibility

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, Tax & Refunds

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. If you decide to switch from one paid plan (the "Old Plan") to another (the "New Plan"), any payment for the unused portion of the old plan will be credited to your wallet. Please note that ZenBasket does not offer refunds. You can utilize the wallet balance towards your upcoming subscription.

Auto Renewal - Auto-renewal payments are exclusively applicable to transactions processed through Stripe Payments. Your subscription will automatically renew at the end of each subscription period, and the subscription fee will be charged to the Debit/Credit Card you last used. Both monthly and yearly subscriptions will continue to auto-renew until you decide to cancel the service. Prior to each auto-renewal, we will send you an email specifying the upcoming charge to your debit/credit card. Following each renewal, you will receive an email receipt detailing the deducted amount. You can change your payment method if you prefer to use a different Debit/Credit Card for renewal. If you don't want to renew your subscription, you must inform us at least seven days before the renewal date.

Periodically, we may adjust the price of any Service or introduce charges for previously free Services. Any price increases will only apply after your current billing cycle expires. You won't be charged for using any Service unless 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 responsible for the security of cardholder data received from our customers if any. 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 responsible for the security of cardholder data received from shop owners and/or Customers, including, without limitation, when ZenBasket uses third-party payment processors to process Orders. When it comes to processing the cardholder’s data, ZenBasket complies with the most current version of the Payment Card Industry Data Security Standard (PCI-DSS) and other applicable laws, rules, and regulations.

Pickup & Delivery

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.

Cancellation and Termination

As an admin, you can cancel your paid subscription to the ZenBasket platform at any time. But the amount for the unused period will not be refunded. When you cancel the subscription, the amount will be refunded to your wallet. Your account may get terminated without any notice for inappropriate actions and violations.

Third Party Services

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.

Features & Functionality

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.

Social Media

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.

Theme Store

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. 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

Customer Usage, Navigation, And Data

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.

ePlatform for Communication

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.

Community Guidelines

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:

  1. Not to use our platform for any unlawful activities which include fraudulent purposes, or interacting with any commercial activities including raising money, advertising or promoting a platform or branding a company.
  2. Not to use ZenBasket platforms for survey, analysis or marketing research.
  3. Not to post or upload any multimedia content, email or transmit which includes: any copyrights, trademark or proprietary rights of any entity.
  4. Threatening, tortious, defamatory, libelous, indecent, vulgar, pornographic, or advocating violence of another person.
  5. Uploading any information of another person includes the person's name, email address, residential address, contact number, bank information or other personal details.
  6. Not to use any automation tools such as spiders, internet robots, crawlers, or data mining tools to download data directly or indirectly from our platform.
  7. Not impersonate any person or entity or falsely state or otherwise mischaracterize your affiliation with a person or entity.
  8. Not to create multiple accounts for yourself for any reason including to obtain the same promotion multiple times.
  9. Not interfere with or attempt to interrupt the proper operation of the platforms by using any virus, device,information collection or transmission mechanism, software or routine, or gaining access to or attempting to gain access to the platforms.
  10. You agree not to employ the Services for sending "junk mail," "spam," "chain letters," or engaging in "phishing" activities, which involve the unsolicited mass distribution of emails.

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.

Intellectual Property

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).

  1. The trademarks associated with ZenBasket, including 'ZenBasket,' the ZenBasket logo, the names of our individual Services, and their respective logos, are the intellectual property of ZenBasket Private Limited. You are required to obtain prior authorization from ZenBasket before using or displaying these trademarks in any manner.
  2. It is prohibited to acquire, register, or employ search engine or pay-per-click keywords (e.g., Google Ads), trademarks, email addresses, social media handles, or domain names (including top-level domains, sub-domains, and page URLs) that incorporate ZenBasket or ZenBasket Trademarks, or that feature terms that could cause confusion with ZenBasket Trademarks.

Identity Protection

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.

Indemnification

You should indemnify ZenBasket for damages, costs and fees that ZenBasket incurs from any third party claim that:

  1. Arise from your modifications and updates of the platforms
  2. Any materials provided by you to ZenBasket infringe patents, copyrights, trademarks, trade secrets or other intellectual property right under the law.
  3. You are held accountable for any violations of the Terms of Service committed by your affiliates, agents, or subcontractors, and you will be liable as if these breaches were your own.
  4. Your utilization of the Services is entirely at your own risk. The Services are provided on an "as is" and "as available" basis, without any expressed, implied, or statutory warranties or conditions.
  5. ZenBasket does not guarantee that the Services will be consistently uninterrupted, punctual, secure, or free from errors.
  6. ZenBasket does not guarantee that the results derived from using the Services will be precise or dependable.
  7. ZenBasket is not responsible for any of your tax responsibilities or obligations arising from the use of ZenBasket's Services.
  8. ZenBasket does not assure that the quality of any products, services, information, or other materials acquired through the Services will meet your expectations. Furthermore, ZenBasket does not guarantee that any errors in the Services will be rectified.

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.

Additional Services

SMS Messaging

Through our services, you have the capability to 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. But if you're an Indian user, we can handle your 2factor account management for you.

Shop App

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.

Beta Service

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.

Modifications

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).

Complaint Handling

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.

Policy on Inactive User Accounts

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.

Hosting Location Policy

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.

Service Testing

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.

Class Action Waiver

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,

  1. No arbitration or procedure should proceed with any other (joined with some other for disputes).
  2. No dispute shall be arbitrated or resolved on a class action basis or through class action procedures.
  3. No Dispute may be raised on behalf of the general public or any other person in a pretended representative role.

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.

Binding Arbitration Agreement

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.

No Warranties/Limitation Of Liability

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.

Anti-Corruption, Export and Sanction Compliance

With respect to these Terms of Service, you agreed that:

  1. Will not violate or cause any party violation of any applicable laws including anti-bribery or anti-corruption law including, but not limited to the U.S. Foreign Corrupt Practices Act of 1977, the U.S. domestic bribery statute in 18 U.S.C. 201, anti-kickback laws, anti-money laundering and anti-terrorist financing laws, sanctions, embargoes, export controls, import controls, anti-fraud laws or any other applicable laws, regulations or order.
  2. Should not use our platforms, products, services or even websites for any violation of applicable laws.
  3. Have not and will not pay, provide, promise, offer, authorize, solicit, or accept any money, gift, hospitality, entertainment, favor, financial advantage, or another thing of value to or from any individual, organization, political party, or entity in the public or private sector in any country in order to obtain, retain, or direct regulatory approvals, licenses, permits, or other things of value, in the public or private sector.
  4. Shall ensure that all of your employees, officers, directors, agents, contractors, vendors, and partners (collectively, "Relevant Parties") abide by the conditions of this Anti-Corruption, Export, and Sanctions Compliance Section;
  5. Ensure that the (a) nationals, residents, or agents are not the representatives of Iran, Cuba, North Korea, Syria, the Crimea Region of Ukraine, the proclaimed Donetsk People's Republic and Luhansk People's Republic regions, or any other region subject to comprehensive US sanctions. (b) on the Office of Foreign Assets Control's List of Specially Designated Nationals and Blocked Persons, the Sectoral Sanctions Identifications (SSI) List, or the Foreign Sanctions Evaders List, or any other list of sanctioned, embargoed, blocked, criminal, or debarred individuals maintained by any US government agency any government outside of the United States, the European Union, Interpol, the United Nations, the World Bank, or any other public international institution. (c) the entity that is 50% or more owned, individually or collectively, by, is controlled by (including without limitation by virtue of such person being a director or possessing voting shares or interests), or works for or on behalf of any person or entity on a Sanctions List; or (d) the subject of any sanctions, suspensions, embargoes, or debarments imposed by the United States or any other government or public international organization.
  6. To the extent applicable and necessary, secure all necessary export/sanctions licenses or authorizations; to ensure compliance with Applicable Laws and this Anti-Corruption, Export and Sanctions Compliance Section, implement an effective, risk-based compliance programme and required internal controls (including, but not limited to, screening Relevant Parties and consumers for sanctions);
  7. Shall reasonably cooperate with ZenBasket to (a) ensure compliance with sanctions, embargoes, and other Applicable Laws, and/or (b) review and remediate actual or potential violations of sanctions or other Applicable Laws, including, but not limited to, suspending or terminating the supply of products or services to customers or other persons who appear on a Sanctions List or are otherwise subject to sanctions and other similar restrictions. A breach of any of the preceding representations, warranties, or covenants shall be considered a substantial violation of these Terms, and ZenBasket may, at its sole discretion, terminate this Agreement for reason and without further liability or obligation to you. In addition to any other remedies available under Applicable Laws, any such breach shall allow ZenBasket to seek indemnification from you and/or injunctive and other equitable action.

Claims of Copyright Infringement

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.

Feedback and Reviews

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.

Customer Support

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.

USA
ZenBasket Inc.
12725 SW Millikan Way, #300 Beaverton,
OR 97005
+1 (971) 420-1700

India
ZenBasket Inc.
13, Centizen Office - Blessing Tower,
North main road, Udaya Nagar,
NGO New Colony, Near RTO office,
Tirunelveli 627007
+91 86107-03503