Terms of Service

Last Updated - June 7, 2025

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".

During the free trial period, the footer of your website will display 'Powered by ZenBasket'.

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.

Terms of Services Updates

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.

1. Acceptance of Terms

By signing up for or accessing our platform as a user or client, you 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.

2. Account Terms

2.1 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.

2.2 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.

2.3 Eligibility and Restrictions

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.

2.4 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. You may deactivate your account at any time. If you choose to reactivate it, you can do so on your own as long as your store subscription is still active. If your subscription is inactive or has expired, you will need to renew it or purchase a new subscription to reactivate your store.

We retain the right to deny service, suspend, or terminate any user at our discretion, with or without prior notice.

2.5 Account Ownership and Authority

If you are registering for the ZenBasket Services on behalf of your employer, your employer will be considered the Store Owner. In such cases, you must use your employer-issued email address, and by doing so, you represent and warrant that you have the authority to bind your employer to these Terms of Service.

2.6 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.

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."

3. Subscription & Billing

3.1. Free Trial and Subscription Terms

When you sign up for a free trial of one or more ZenBasket services, you gain complimentary access for the duration of the trial. The trial will automatically end when the trial period expires unless you choose to terminate it earlier. If you subscribe to a paid plan before the trial ends, all data entered during the trial will be carried over to your paid subscription. ZenBasket also reserves the right to terminate the trial at its discretion.

Seven days before the trial ends, you will receive a reminder email. Any data entered or customizations made during the trial will be retained for 90 days, unless you upgrade to a paid subscription, purchase relevant service upgrades, or export your data before the trial expires. If none of these actions are taken, the data will be permanently deleted after the 90-day retention period.

Please note that all free trial services are provided on an "as-is" basis, without warranties, commitments, support, or liability, as permitted by law.

3.2. Payments & Refunds

As a ZenBasket user, you are responsible for all applicable subscription fees and must maintain a valid payment method on file. ZenBasket may charge transaction fees or additional fees as necessary. For Indian customers, pricing is quoted in Indian rupees and must be paid in the local currency. For all other countries, pricing is quoted in U.S. dollars and must be paid in U.S. currency.

When subscribing to a paid plan for the first time, payment processing is handled based on the store’s location. For Indian stores, payments are processed using UPI or a credit/debit card, with payment details securely stored after the transaction. For stores in all other countries, payments are processed using a credit or debit card, with the card details securely saved for future transactions. ZenBasket itself does not store any payment details, as all transactions are managed by trusted payment processors, following industry-standard encryption and compliance protocols.

Regarding refunds, ZenBasket does not offer refunds on any subscriptions or transactions.

3.2.1. Upgrades

If a store admin chooses to upgrade from a lower monthly plan to a higher monthly plan, or from a lower yearly plan to a higher yearly plan, the unused portion of the current plan’s amount will be applied to the new plan. If there is any additional amount due, the store owner must manually pay the difference.

Switching from the lowest yearly plan to the highest monthly plan is not possible. Upgrades can only be made between yearly plans.

The upgraded plan will be activated immediately upon successful payment, ensuring uninterrupted access to new features and services.

3.2.2. Downgrades

If you choose to downgrade their plan, the change will take effect after the current billing cycle ends, provided the store meets the lower plan's feature requirements. Until then, the higher plan remains active.

3.2.3. Automatic Renewal

ZenBasket subscriptions automatically renew at the end of each billing cycle. The renewal fee will be charged to your most recently used payment method, such as a debit/credit card or UPI. Your subscription will continue to renew automatically on a monthly or yearly basis, depending on your selected plan, until it is canceled or deactivated. Clients will receive an email reminder seven days before the renewal date. If the subscription price remains unchanged, the system will attempt to charge the saved payment method one day before expiry. Upon successful renewal, clients will receive a confirmation email with a receipt.

To cancel an auto-renewing subscription, clients must notify ZenBasket at least seven days before the renewal date to avoid being charged.

ZenBasket may update service pricing or introduce charges for previously free services, with any price adjustments taking effect after the current billing cycle ends. Clients will be notified in advance of any price changes before being charged. If the plan amount changes during the billing process, different rules may apply depending on the payment method used. For UPI payments, the old amount will be debited, and the new amount will be applied in the next renewal cycle. For credit or debit card payments, the new amount will be debited immediately. If the subscription renewal fails, ZenBasket will send a plan expiration email to inform the client.

3.3. 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.

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.

4. Acceptable Use & User Behavior

4.1. Use Restrictions

You agree not to bypass, override, or circumvent any technical limitations of the ZenBasket Services. This includes, but is not limited to, processing orders outside ZenBasket’s Checkout system, using tools to unlock or enable features that are restricted or disabled, or attempting to decompile, disassemble, or reverse engineer any part of the Services.

4.2. Abuse and Misconduct

ZenBasket has a zero-tolerance policy for any form of abuse. Verbal or written abuse, harassment, or threats of any kind—whether directed at ZenBasket employees, team members, or representatives—will result in immediate account termination without prior notice. Such behavior may also be reported to relevant authorities where applicable.

4.3 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.

4.4 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.

5. Merchant & Customer Responsibilities

5.1. 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.

5.2. 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.

6. Cancellation and Termination

6.1. Cancellation, Termination, and Store Deactivation

6.1.1. Store Deletion

If you wish to permanently delete your store from ZenBasket, you must contact ZenBasket support via phone or email. Once the store is deleted, all data associated with your user account will be permanently erased, and it will not be possible to retrieve or back up this data. Please note that ZenBasket does not offer refunds for any unused portion of your subscription period.

6.1.2. Store Deactivation by Admin

If the admin deactivates the store while the current subscription is still active, the store owner will retain access to the admin panel but will not be able to access the storefront. If the subscription expires at the time of deactivation, the store owner will only have access to the subscription page. If the store is reactivated within the active subscription period, the storefront will resume normal functionality. However, if the subscription has expired at the time of reactivation, the store owner will need to manually subscribe to a new plan before the store can become operational again.

6.1.3. Store Deactivation or Suspension by Super Admin

If the Super Admin deactivates or suspends the store, both the admin panel and storefront will be inaccessible. In such cases, the store admin must contact ZenBasket support via phone or email to request reactivation. Once the store is reactivated, it will follow the same process as an admin-deactivated store, where reactivation depends on the current subscription status.

6.1.4. Account Termination

ZenBasket reserves the right to terminate any account without prior notice due to violations of our policies, inappropriate conduct, or other forms of misconduct. In such cases, no refunds will be provided for any unused subscription period.

6.2. Policy on Inactive User Accounts

Our policy allows us to deactivate unpaid user accounts that have been inactive for a continuous period of 90 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.

7. 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.

8. Third Party & External Services

8.1 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.

8.2 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.

8.3 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.

9. Features & Functionality

9.1. 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.

9.2. Theme Usage and Modifications

ZenBasket offers a variety of Themes to help you customize the appearance of your online store. You may modify these Themes to reflect your brand’s identity and business needs. However, you are not permitted to resell, distribute, or share any Theme with other stores, whether on or outside the ZenBasket platform.

In the future, ZenBasket may introduce fees for certain Themes to support continued design improvements and offer advanced customization options.

We reserve the right to modify a Theme at our sole discretion if it includes any element that violates our Terms of Service or is otherwise deemed inappropriate, even if the Theme was provided in that state. Additionally, Themes may be updated from time to time to remain compatible with platform enhancements, system updates, or technical changes.

If you have any questions or need support, please contact us at contact@getzenbasket.com.

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.

10. Additional Services

10.1. SMS Messaging

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.

10.2 Shop App - BETA

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.

10.3 Single Store App - BETA

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.

10.4 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.

10.5. Store Setup & Maintenance Services

1. Introduction

These Terms of Service outline the agreement between you (“Client”) and ZenBasket (“we,” “our,” or “the Service Provider”) for Store Setup and Maintenance services. By engaging with our setup or support services, you agree to comply with the terms outlined below.

2. Service Overview

ZenBasket offers comprehensive eCommerce store setup services designed to help businesses establish a professional and effective online presence. Depending on the selected service plan, setup may include—but is not limited to—theme customization, product catalog configuration, payment gateway integration, and store performance optimization. Each setup is tailored to align with the client’s business objectives and enhance the overall shopping experience for their customers. Please note that store setup services were initially offered free of charge; however, a service fee is now applicable as part of our current service model.

3. Service Plans

Store setup services are available in four structured tiers: Standard, Premium, Executive, and Custom Plans. Each tier is designed to address specific business needs and budget considerations. If your requirements exceed what is offered in the standard plans, you may request a custom quote by contacting our team.

4. Support and Maintenance Services
4.1 Monthly Support Plans

ZenBasket offers monthly support packages that include technical assistance, routine updates, and ongoing store maintenance. These plans ensure your store remains updated, secure, and fully functional.

4.2 Hourly Consultation Services

We offer pay-as-you-go hourly consultation services for flexible support. This may include:

  • Product management (adding, editing, removing)
  • Store performance consulting
  • guidance
  • Technical troubleshooting

Billing is based solely on actual hours utilized, with no hidden charges.

4.3 Support Response Time (SLA)

Support inquiries will receive a response within 48 business hours. Issue resolution timelines depend on complexity and scope.

5. Client Responsibilities
5.1 Content Submission

Clients are responsible for providing all required content and assets to begin setup. This includes accurate product information (names, descriptions, pricing, specifications) and high-resolution images in the specified format. All submissions must meet ZenBasket’s content guidelines to avoid delays.

5.2 Project Start Conditions

The setup process begins only after complete content submission. Delayed content delivery may affect the agreed project timeline.

6. Payment Terms

Full payment is required upfront before the start of any setup or development work. This confirms mutual commitment and allows us to allocate resources efficiently. Ongoing or additional support services must be paid for in advance or as agreed. Any revisions or work outside the original scope will be billed separately at the applicable hourly rate. Invoices must be settled within the payment window mentioned in the service agreement or invoice.

7. Domain Configuration

As part of the store setup service, ZenBasket provides a complementary subdomain. Clients who prefer a custom domain must purchase it independently through a domain registrar. The cost of the domain is not included in our service fees. Upon successful domain registration, we will assist with domain mapping and configuration.

8. Scope Revisions

Any changes or additions requested after the project has started—such as additional features, new page requests, or third-party integrations—will be treated as out-of-scope. Such changes will either be billed at the standard hourly rate or quoted separately.

9. Third-Party Platform Disclaimer

Do not make any payments to third-party platforms or individuals claiming to represent ZenBasket—our services are only payable through our official payment page.

ZenBasket is not responsible for fees, policies, or solicitation by third-party platforms (e.g., Facebook, Instagram, Google). Clients are expected to perform due diligence before engaging with such platforms. We do not manage disputes or obligations related to third-party services.

10. Platform Limitations

ZenBasket services are delivered based on the capabilities and features currently available on the ZenBasket platform. Any platform-related constraints must be considered when defining project expectations.

11. Confidentiality

All proprietary or sensitive information shared by the client will be treated as confidential and used solely within the scope of the service. ZenBasket takes reasonable precautions to protect this data but is not liable for breaches due to client-side vulnerabilities or external third-party interactions.

12. Termination and Refunds

ZenBasket reserves the right to terminate services in cases of misconduct, non-cooperation, or any actions that hinder project progress. Similarly, the Client may cancel services by providing formal written notice.

Please note:

  • All payments made are non-refundable once services have commenced.
  • Upon termination, the Client will not be entitled to receive any work completed up to that point.
13. GoverLawning

These Terms of Service shall be governed by and interpreted in accordance with the laws of the country or region where the Client’s store is located. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts in that location.

14. Updates to Terms

ZenBasket may update these Terms of Service from time to time. We will notify you of significant changes via email or through announcements on our official website.

15. Acceptance of Terms

By proceeding with ZenBasket’s Store Setup and Maintenance Services, you confirm that you have read, understood, and agreed to these Terms of Service.

10.6. Website Development Services

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between the Client ("you") and ZenBasket ("we," "our," or "the Service Provider") for the provision of ecommerce website development services. By engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms.

2. Scope of Services

ZenBasket offers end-to-end ecommerce website development services across popular platforms such as Shopify, Magento, WooCommerce, Wix, and BigCommerce. Depending on your selected service plan, the scope may include platform setup, custom design and development, CMS integration, SEO implementation, security configuration, product data setup, and post-launch support. All development activities are performed in accordance with the agreed scope defined during the consultation and onboarding phase. Additionally, static website development using HTML, CSS, and JavaScript is available upon request.

3. Service Plans

Our website development services are structured into tiered plans designed to meet a range of business needs and budgets. Each plan outlines specific deliverables, features, and timelines. By selecting a plan, you agree to the scope, limitations, and support coverage associated with that plan. If your requirements fall outside of the predefined plan features, custom solutions can be discussed and quoted separately.

4. Client Responsibilities

You are responsible for providing complete and accurate project inputs required to initiate and complete the development process. This includes, but is not limited to, business requirements, product information, branding materials, and user credentials where applicable. Delays in content submission or feedback may affect the estimated delivery timelines. It is also your responsibility to secure and manage domain registration, hosting, and third-party service accounts unless otherwise agreed in writing.

5. Project Timelines and Deliverables

Timelines for delivery are estimated based on the selected service plan and begin only after all required materials are received and payment is confirmed. ZenBasket will make reasonable efforts to adhere to the estimated timelines; however, any delays due to change requests, incomplete submissions, or unforeseen technical issues will be communicated in advance.

6. Revisions and Scope Changes

Each plan includes a specified number of revisions. Any requests beyond the agreed scope or after the allocated revision rounds will be considered a change in scope and may require additional time and charges. All scope changes will be formally reviewed and approved before execution.

7. Payment Terms

Payment must be made in full prior to the start of the development process unless otherwise specified in the proposal or agreement. Pricing is based on the selected service plan or custom quote. Payments for additional features, scope extensions, or post-launch support will be invoiced separately. Domain purchases, third-party plugins, subscriptions, or app fees are not included in our pricing and must be handled by the Client independently.

8. Ownership and Rights

Upon completion of the project and full payment, the Client will receive ownership of the website deliverables, including design, and content created as part of the project. This excludes any third-party tools, themes, or assets that are subject to their own licensing terms. ZenBasket retains the right to showcase the completed project in our portfolio, unless otherwise requested in writing by the Client.

9. Post-Launch Support

Each plan includes a predefined duration of complimentary support from the date of project launch. This may include minor adjustments, and technical assistance. Extended support and maintenance packages are available upon request and will be billed separately.

10. Confidentiality

ZenBasket agrees to maintain the confidentiality of all information shared by the Client for the purpose of completing the project. This includes any proprietary data, trade secrets, or business information. Confidentiality does not extend to information that becomes public through no fault of ZenBasket or is shared with third parties by the Client.

11. Termination and Refund Policy

Either party may terminate the project at any time by providing written notice.

  • Client-Initiated Termination: If the Client chooses to terminate the project, ZenBasket will cease all work and will not be obligated to deliver any completed materials up to the termination date. All payments made prior to termination are non-refundable, and the Client remains responsible for any outstanding dues.
  • ZenBasket-Initiated Termination: ZenBasket reserves the right to terminate the project at any stage due to reasons including, but not limited to, non-cooperation, prolonged lack of communication, breach of agreed terms, or any other valid business reason that hinders the progress or feasibility of the project. In such cases, ZenBasket will not be liable to deliver any completed work unless all pending payments have been settled in full.
  • Subdomain Hosting: If the Client’s site operates on a ZenBasket-provided subdomain, hosting services will be discontinued within one to two months following termination.
  • 12. Third-Party Platforms

    Do not make any payments to third-party platforms or individuals claiming to represent ZenBasket—our services are only payable through our official payment page.

    ZenBasket is not responsible for policies, charges, or issues related to third-party platforms (such as Facebook, Instagram, Google, etc.). Clients are advised to exercise discretion when using such platforms, and ZenBasket assumes no liability for services or solicitations originating from them.

    13. Governing Law

    These Terms of Service shall be governed by and interpreted in accordance with the laws of the country or region where the Client’s store is located. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts in that location.

    14. Acceptance of Terms

    By confirming your project and proceeding with any website development service from ZenBasket, you acknowledge that you have read, understood, and agreed to these Terms of Service in full.

    10.7. Digital Marketing Services

    These Terms of Service ("Terms") govern your use of digital marketing services provided by ZenBasket ("we," "our," or "the Service Provider"). By engaging our social media marketing, advertising, logo, or video design services, you (“Client”) agree to comply with the terms outlined below.

    1. Scope of Services

    ZenBasket offers digital marketing services including:

    • Social media strategy and campaign management
    • Paid advertising (e.g., Facebook Ads, Instagram Ads)
    • Logo and video design

    Each service is delivered according to the selected plan or a personalized quote agreed upon with the Client.

    2. Social Media Marketing
    2.1 Strategy & Execution

    We develop customized strategies to align with your goals and audience. While we aim for optimal results, we do not guarantee specific outcomes or ROI, as external variables can affect performance.

    2.2 Paid Advertising

    Clients must provide a separate advertising budget for paid campaigns. We strategically allocate this budget for maximum reach and engagement. ZenBasket platform service charges are not part of this advertising budget.

    2.3 Campaign Management

    Campaigns may be run on platforms like Facebook and Instagram. Performance may vary due to audience behavior, competition, and platform algorithms.

    2.4 Compliance

    We comply with the terms and advertising policies of each platform. The Client is also responsible for ensuring platform compliance when applicable.

    3. Logo and Video Design
    3.1 Scope of Work

    Services are provided as per the chosen package or custom quote. Clients receive initial design concepts and a specified number of revision rounds per design.

    3.2 Intellectual Property

    ZenBasket retains ownership of all draft designs and concepts. Upon full payment,, the Client is granted exclusive usage rights to final deliverables. We retain the right to display work in our portfolio unless requested otherwise.

    4. Revisions and Approvals

    The Client is entitled to a fixed number of revisions per design or campaign. Revisions beyond this scope are billed separately. Timely feedback is required to ensure smooth progress.

    5. Communication and Review
    5.1 Scheduled Communication

    Regular check-ins or virtual meetings will be scheduled to review progress, adjust strategies, and provide updates.

    5.2 Review Timelines

    The Client must review submitted work within the timeframe specified in the agreement. Delays in approval may affect timelines.

    6. Deliverables and Analytics

    Deliverables will be clearly defined in the service agreement. For recurring services, ZenBasket provides performance reports that include key metrics such as reach, engagement, and conversions. These insights guide strategy adjustments but do not guarantee specific results.

    7. Client Responsibilities

    The Client agrees to:

    • Provide all necessary materials, platform access, and approvals on time
    • Not interfere with ZenBasket team members outside the agreed process
    • Not contact, reference, or utilize materials associated with other ZenBasket clients
    • Violation of these conditions may result in service limitations or termination.
    8. Payment Terms
  • Payment is required in full before services begin, unless otherwise agreed
  • Additional services or revisions are invoiced separately
  • Payments must be made within the timeline specified in the invoice
  • Payments are non-refundable once services begin
  • 9. Termination and Refunds

    Either party may terminate the agreement by providing written notice. If the Client initiates termination, ZenBasket will not be obligated to deliver any work completed up to that point. No refunds will be issued once the service has commenced.

    ZenBasket may terminate the agreement for:

  • Misconduct
  • Non-cooperation
  • Violation of these terms
  • 10. Confidentiality

    ZenBasket will treat all proprietary or sensitive information shared by the Client as confidential. This confidentiality does not extend to information made public or shared by the Client with third parties.

    11. Content Restrictions & Brand Usage

    End products must not contain pornographic, violent, slanderous, or harmful content

    ZenBasket's logo will be included in all logos, posters, and videos

    Clients are prohibited from using the ZenBasket brand in negative or damaging contexts

    12. Liability

    ZenBasket is not responsible for any indirect, incidental, or consequential damages arising from its services. Liability is limited to the amount paid by the Client. The Client agrees to indemnify and hold harmless ZenBasket from claims related to the misuse of services, including intellectual property violations.

    13. Third-Party Platform Disclaimer

    Do not make any payments to third-party platforms or individuals claiming to represent ZenBasket—our services are only payable through our official payment page.

    ZenBasket is not responsible for fees, policies, or solicitation by third-party platforms (e.g., Facebook, Instagram, Google). Clients are expected to perform due diligence before engaging with such platforms. We do not manage disputes or obligations related to third-party services.

    14. Service Limitation

    Our design and marketing services are project-based or retainer-based per agreement. Any additional work after final delivery will require a new agreement and separate charges.

    15. Force Majeure

    ZenBasket is not liable for delays or service failures due to events beyond its control, such as natural disasters, cyberattacks, internet outages, or legal restrictions.

    16. Dispute Resolution

    Disputes will first be addressed through good-faith negotiation. If unresolved, the dispute will proceed to mediation before any legal steps are taken.

    17. Governing Law

    These Terms of Service shall be governed by and interpreted in accordance with the laws of the country or region where the Client’s store is located. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts in that location.

    18. Acceptance of Terms

    By using ZenBasket’s Digital Marketing Services, you confirm that you have read, understood, and accepted these Terms of Service.

    11.1. 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).

    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.

    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.

    11.2. 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 debit/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.

    11.3. 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.

    11.4. 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.

    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 that your actual region or country differs from the information in our records, ZenBasket reserves the right to close your account and discontinue services.

    11.5. 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.
    11.6. 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.

    12. Support & Feedback

    12.1. 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.

    12.2 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 LLC
    12725 SW Millikan Way,#300 Beaverton,
    OR 97005
    +1 (971) 420-1700
    India
    ZenBasket Private Limited
    13, Centizen Office - Blessing Tower,
    North main road, Udaya Nagar,
    NGO New Colony, Near RTO office,
    Tirunelveli 627007
    +91 7598 693 688
    +91 8925 895 165

    13. Modifications & Service Testing

    13.1. 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 its Services and will provide prior notice by sending an email to your registered primary email address. 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).

    13.2. 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.

    14. Dispute Resolution

    14.1. 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 complaint.

    14.2 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.

    14.3. 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.

    15. Liability & Disclaimers

    15.1. 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.

    15.2. No Exclusivity

    ZenBasket reserves the right to offer its Services to your competitors and does not guarantee any form of exclusivity. You acknowledge and agree that ZenBasket employees or contractors may also be customers or merchants on the platform and may operate businesses that compete with yours. However, they will not use your Confidential Information in any such activities.