Menu
ON PROSTITUTION PREVENTION AND COMBAT
In order to contribute to protecting the fine cultural traditions of the nation, the honor and dignity of people, family happiness, preserving social order and safety, protecting the people’s health, building and developing the Vietnamese people;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly at its 10th session;
Pursuant to Resolution No. 12/2002/QH11 of December 16, 2002 of the XIth National Assembly, its second session, on the Law- and Ordinance-Making Programs of the XIth National Assembly for its whole tenure (2002-2007) and for 2003;
This Ordinance provides for prostitution prevention and combat.
Article 1.- Scope of regulation
This Ordinance provides for measures to prevent and combat prostitution; and defines the responsibilities of agencies, organizations, individuals and families for prostitution prevention and combat.
Article 2.- Subjects of application
This Ordinance applies to:
1. Vietnamese individuals, agencies and organizations;
2. Foreign individuals and organizations operating in the territory of the Socialist Republic of Vietnam; In case an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains other provisions, such international treaty shall apply.
Article 3. Interpretation of terms
In this Ordinance, the following terms are construed as follows:
1. Prostitution is the act of having sexual intercourse with another person for payment or other material benefits.
2. Buying sex is the act of using money or other material benefits to pay a sex worker to have sex.
3. Prostitution is the act of buying and selling sex.
4. Containing prostitution is the act of using, renting, leasing or borrowing or lending places and means to carry out the purchase or sale of sex.
5. Organization of prostitution activities is an act of arr0anging or arranging for sex purchase or sale.
6. Forced prostitution is an act of using force, threatening to use force or using tricks to force other people to perform sex work.
7. Prostitution brokerage is the act of enticing or leading by an intermediary for the parties to carry out the purchase and sale of sex.
8. Prostitution protection is an act of abusing position, power, prestige or using force, threatening to use force to protect and maintain prostitution activities.
Article 4. Prohibited acts
The following acts are strictly prohibited:
1. Buying sex;
2. Prostitution;
3. Contains prostitution;
4. Organizing prostitution activities;
5. Forced prostitution;
6. Prostitution brokerage;
7. Protection of prostitution;
8. Taking advantage of service business to engage in prostitution;
9. Other acts related to prostitution as prescribed by law.
Article 5. Implementation of the law on prostitution prevention and combat
Agencies, organizations, individuals and families are responsible for implementing the law provisions on prostitution prevention and combat.
All acts of prostitution, related to prostitution activities must be detected and handled promptly and strictly according to the provisions of law.
Article 6. Encouragement and creation of conditions in prostitution prevention and combat
The State encourages and creates conditions for domestic agencies, organizations and individuals and foreign organizations and individuals to participate and cooperate in prostitution prevention and combat.
Article 7. Measures to prevent and combat prostitution
The State implements synchronously propaganda, education, socio-economic, administrative and criminal measures and other measures to prevent and combat prostitution; closely combine measures to prevent and combat prostitution with drug prevention and control and HIV/AIDS prevention and control.
Article 8. Responsibilities of individuals, families, agencies and organizations in the prevention and combat of prostitution
1. All individuals and families have the responsibility to participate in the prevention and combat of prostitution.
2. Competent agencies, organizations and persons shall, within the ambit of their tasks and powers, develop and organize the implementation of measures to prevent and combat prostitution; encourage and encourage the detection, denunciation and fight against prostitution and promptly and strictly handle violations of the law on prostitution prevention and combat.
Article 9. Responsibilities of the Vietnam Fatherland Front and its member organizations in the prevention and combat of prostitution
The Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, have the following responsibilities:
1. To closely coordinate with competent state agencies in propagating, mobilizing, educating and disseminating the law on prostitution prevention and combat;
2. Educating members of their organizations to comply with the law on prostitution prevention and combat;
3. To participate in supervising the implementation of the law on prostitution prevention and combat;
4. Participating in education, vocational training and job creation to help sex workers integrate into the community.
CHAPTER II
MEASURES AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, INDIVIDUAL AND FAMILY IN PREVENTION, AND COMBAT OF PROSITUTION
Article 10. Propagation, education and prevention of prostitution
Propagation and education on prostitution prevention and control is an important measure for all agencies, organizations, individuals and families to observe and actively participate in prostitution prevention and combat activities.
Contents of propaganda and education on prostitution prevention and combat include: propagating and educating cultural traditions, ethics and healthy lifestyles; harmful effects of prostitution; guidelines, policies, measures, models, experiences and legal provisions on prostitution prevention and combat.
Prostitution and prevention education must be combined with propaganda and education on drug prevention and control and HIV/AIDS infection prevention and control.
Article 11. Responsibilities of information and propaganda agencies in prostitution prevention and combat
Information and propaganda agencies are responsible for formulating appropriate propaganda contents and forms and coordinating with agencies, organizations and units of the people’s armed forces to propagate and raise awareness among cadres and public employees. Officials, people of the people’s armed forces and all citizens on the prevention and combat of prostitution.
Article 12. Responsibilities of schools and other educational institutions in propagandizing and educating about prostitution prevention and combat
Schools and other educational institutions are responsible for:
1. Propaganda and education on prostitution prevention and combat. Propaganda and education contents must be suitable to each type of school, level, age, gender of pupils, students, trainees and customs and practices of ethnic groups;
2. To coordinate with families, agencies, organizations and local People’s Committees in closely managing pupils, students and trainees; organize healthy entertainment activities to prevent and stop violations of the law on prostitution prevention and combat; encourage and encourage pupils, students and trainees to actively participate in propaganda and education activities on prostitution prevention and combat.
Article 13. Responsibilities of families in prostitution prevention and combat
The family has the responsibility to educate its members on healthy lifestyles, promote good traditions, and build a cultural family; coordinate with agencies, organizations and local People’s Committees in educating and managing family members who commit acts of violating the law on prostitution prevention and combat, creating conditions for them to integrate into the community.
Article 14. Socio-economic measures in the prevention and combat of prostitution
1. Vocational training, job creation to earn income, hunger eradication and poverty alleviation are important socio-economic measures to prevent the emergence and development of prostitution.
2. Organize medical treatment, education, vocational training and job creation to help sex workers integrate into the community.
3. State agencies, within the ambit of their tasks and powers, have to coordinate with the Vietnam Women’s Union, Vietnam Youth Union, Vietnam Farmers’ Union and other organizations and unions. concerned with the implementation of the measures specified in Clauses 1 and 2 of this Article, focusing on the poor and the unemployed.
4. The State shall adopt policies and measures to encourage and support organizations and individuals to organize medical treatment, education, vocational training and job creation to help sex workers integrate into the community.
Article 15. Responsibilities of service providers
1. Hotels, motels, restaurants, discotheques, karaoke, massage, sauna and service business establishments that are easily taken advantage of for prostitution have the following responsibilities:
a) Sign a written labor contract with the employee; register labor with the local labor management agency;
b) Do not employ workers under 18 years old to do jobs that adversely affect their physical, intellectual and personality development;
C) Carry out periodical medical examination for employees according to the provisions of law;
d) Commit to abide by the provisions of the law on prostitution prevention and combat and take responsibility before the law for the evils of prostitution occurring at the establishment.
2. Disco, karaoke, massage, sauna and service business establishments that are vulnerable to exploitation for prostitution may only operate when they fully satisfy the criteria and conditions prescribed by the Government. government.
3. Employees working at establishments specified in Clause 1 of this Article must comply with regulations on household registration and sign a commitment not to violate the law on prostitution prevention and combat.
Article 16. Management of press, publishing, cultural and information services in the prevention and combat of prostitution
Agencies, organizations and individuals are prohibited from producing, circulating, transporting, storing, trading, exporting, importing or disseminating images, articles, products and information with contents and images. depraved, obscene, sexually arousing.
Article 17. Management of production, circulation and use of aphrodisiac drugs
Agencies, organizations and individuals producing, circulating, transporting, storing, trading, exporting, importing and using aphrodisiac drugs must comply with the provisions of law.
Article 18. Responsibilities for examination and inspection
1. Competent state agencies are responsible for examining and inspecting agencies, organizations and individuals in the implementation of the provisions of Articles 15, 16 and 17 of this Ordinance.
2. Agencies, organizations and individuals have the responsibility to coordinate and create conditions for competent state agencies to conduct examination and inspection of prostitution prevention and combat.
3. Agencies, organizations and individuals subject to examination and inspection must strictly abide by decisions of competent state agencies.
Article 19. Responsibilities of the People’s Committees of communes, wards and townships in the prevention and combat of prostitution
The People’s Committees of communes, wards and townships are responsible for:
1. Organize the implementation of prostitution prevention and combat in the locality; compile dossiers, statistics and classification of subjects and service providers to take measures to prevent prostitution;
2. Organize the management and education in communes, wards and townships of sex workers and those who engage in prostitution-related acts in accordance with the law on handling of administrative violations.
Article 20. Responsibilities of medical treatment establishments towards sex workers
Medical treatment establishments established under the Ordinance on Handling of Administrative Violations have the following responsibilities:
1. Organization of moral and lifestyle study and education; organize vocational training, production labor and vocational guidance; treat diseases, restore health and respect the honor, dignity, life and property of sex workers who are brought into medical treatment establishments;
2. Cooperate with relevant agencies and organizations in implementing the provisions of Clause 1 of this
Article 21. Detecting, denouncing and fighting in prostitution prevention and combat
1. When detecting the acts specified in Article 4 of this Ordinance, agencies, organizations and individuals must promptly notify or denounce them to competent state agencies.
Competent state agencies, upon receiving information or denunciations, must promptly consider, handle and notify handling results to such agencies, organizations or individuals upon request.
2. Persons who detect, denounce and fight against prostitution shall be protected and kept secret; in case of property damage, they shall be compensated; if they are injured, cause harm to their health or suffer loss of life, they are entitled to regimes and policies as prescribed by law.
CHAPTER III
HANDLING OF VIOLATIONS OF LAW IN PREVENTION AND COMABAT PROSTITUTION
Article 22. Handling of sex buyers
1. Sex buyers, depending on the nature and seriousness of their violations, shall be administratively sanctioned in the form of warnings or fines.
2. Those who buy sex with minors or know that they are infected with HIV but intentionally transmit the disease to others will be examined for penal liability.
Article 23. Handling of sex workers
1. Sex workers, depending on the nature and seriousness of their violations, shall be administratively sanctioned, subject to the measure of education in communes, wards or townships or sent to medical treatment establishments. Sex workers who are foreigners shall, depending on the nature and seriousness of their violations, be administratively sanctioned in the form of warning, fine or expulsion.
2. Sex workers who know they are infected with HIV but intentionally transmit the disease to others will be examined for penal liability.
Article 24. Handling of persons with acts related to prostitution
1. Persons who protect prostitution or contribute capital to use for the purpose of prostitution shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability.
2. Those who broker prostitution, contain prostitutes, forced to sell sex, organize prostitution, and trade in women and children to serve prostitution shall be examined for penal liability.
Article 26. Handling of organizations and individuals that disseminate, store and circulate products with obscene content and forms
1. Agencies, organizations and individuals operating in the fields of culture, cultural services, post and telecommunications have acts of disseminating, storing and circulating images, articles, products and information having depraved, obscene, sexually inciting content and forms shall be subject to a fine and, depending on the nature and seriousness of the violation, shall be deprived of the right to use the license, practice certificate or not be allowed to conduct other activities. activities stated in the license, practice certificate.
2. Persons who commit violations specified in Clause 1 of this Article shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability.
Article 27. Handling of cadres, civil servants and members of the people’s armed forces who violate the law on prostitution prevention and combat
1. Persons who commit violations specified in Articles 22, 23, 24, 25 and 26 of this Ordinance who are cadres, civil servants or people of the people’s armed forces shall, in addition to being handled according to regulations, be handled as prescribed. In these articles, the person shall also be notified to the head of the agency, organization or unit competent to manage such person for education and discipline.
2. Cadres, civil servants or people of the people’s armed forces who violate the law on prostitution prevention and combat, during the time of being disciplined, may not nominate or stand for election to the people’s agencies. election, political organization, socio-political organization; not be appointed or re-appointed, appointed to equivalent or higher positions in state agencies or in the people’s armed forces.
Article 28. Handling of persons who violate the law while performing the task of combating prostitution
Persons who are tasked with directly combating and combating prostitution but commit acts of prostitution protection, toleration, cover up or fail to promptly handle prostitution activities to occur in the area under their management, depending on their nature. the nature and seriousness of the violation, and be disciplined, transferred to another job or examined for penal liability; in case of causing damage, the agency where that person works must pay compensation and the person who has caused the damage has the responsibility to make compensation according to the provisions of law.
Article 29. Handling of persons who cover up or fail to promptly discipline violators of the law on prostitution prevention and combat
1. Persons with positions and powers that act as cover or fail to promptly discipline persons under their management who commit acts of prostitution or are related to prostitution activities shall be disciplined.
2. Persons with positions and powers who act as cover for persons under their management who commit violations specified in Article 28 of this Ordinance shall, depending on the nature and seriousness of their violations, be handled. disciplinary action or criminal prosecution.
CHAPTER IV
STATE MANAGEMENT OF PRODUCT PREVENTION AND CONTROL
Article 30. Contents of state management of prostitution prevention and combat
Promulgate and organize the implementation of guidelines, policies, laws and plans to prevent and combat prostitution.
Organize the management apparatus, train, foster and improve the capacity of the staff engaged in prostitution prevention and combat.
Organize and manage medical treatment, vocational training and job creation establishments for sex workers.
Statistics on prostitution prevention and combat; mobilize, manage and use resources for prostitution prevention and combat; research and apply science to serve the prevention and combat of prostitution.
Organize the fight against crime and other law violations related to prostitution.
Propagating, educating and disseminating the law on prostitution prevention and combat.
International cooperation on prostitution prevention and combat.
Examine, inspect, settle complaints and denunciations and handle violations of the law on prostitution prevention and combat.
Article 31. State management agencies in charge of prostitution prevention and combat
1. The Government performs the unified state management of prostitution prevention and combat.
2. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, together with the Ministry of Public Security, to coordinate with ministries, ministerial-level agencies and Governmental agencies in assisting the Government in unifying state management of prostitution prevention and combat. .
3. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, have to organize the implementation and coordinate with relevant agencies in the prevention and combat of prostitution.
4. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of prostitution prevention and combat in their localities.
Article 32. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs
The Ministry of Labor, War Invalids and Social Affairs shall coordinate with relevant agencies and organizations in formulating and organizing the implementation of policies and plans on prostitution prevention and combat; statistics, examination, inspection and settlement of complaints and denunciations about prostitution prevention and combat; carry out international cooperation on prostitution prevention and combat as assigned by the Government.
Article 33. Responsibilities of the Ministry of Public Security
The Ministry of Public Security is responsible for organizing the fight against crimes related to prostitution, trafficking in women and children to serve prostitution and other violations of the law related to prostitution; directing the preparation of dossiers, sending sex workers to medical treatment establishments and assisting the medical treatment establishments in maintaining order and security; coordinate with the Ministry of Labor, War Invalids and Social Affairs, relevant ministries and branches in directing, guiding and organizing the implementation of management and education of sex workers and people who engage in prostitution-related acts. in the community, inspect, inspect and handle service business establishments that violate the law on prostitution prevention and combat.
Article 34. Responsibilities of the Ministry of Culture and Information, the Ministry of Health, the Ministry of Trade, the Ministry of Education and Training, the General Department of Tourism
1. The Ministry of Culture and Information, the Ministry of Health, the Ministry of Trade and the General Department of Tourism shall, within the ambit of their tasks and powers, have to direct, guide and organize prostitution prevention and combat activities. in the field or branch; management of business and service establishments; coordinate with the Ministry of Labor, War Invalids and Social Affairs and relevant ministries and branches in organizing the inspection, inspection and handling of service business establishments under their respective management sectors that commit violations of the law on prevention and control. prostitution.
2. The Ministry of Education and Training is responsible for coordinating with the Ministry of Labor, War Invalids and Social Affairs in directing and developing educational programs and contents on prostitution prevention and combat in schools and establishments. other education.
Article 35. Responsibilities of People’s Committees at all levels and Presidents of People’s Committees at all levels
1. The People’s Committees of all levels shall draw up annual plans on prostitution prevention and combat and submit them to the People’s Councils of the same level for decision; allocate funds and mobilize resources for prostitution prevention and combat; direct and organize the implementation of prostitution prevention and combat; report the results of this work to the People’s Council of the same level and the People’s Committee of the immediate superior.
2. Annually, the People’s Committees of the provinces and centrally-run cities shall report to the Government on the prevention and combat of prostitution in their localities.
3. Presidents of People’s Committees at all levels are responsible for the prevention and combat of prostitution in the localities under their management.
Article 36. Examination and inspection of prostitution prevention and combat
Ministries, ministerial-level agencies, Governmental agencies and People’s Committees at all levels shall, within the ambit of their tasks and powers, have to organize the examination, inspection, detection and handling of acts violations of the law on prostitution prevention and combat. In case of necessity, the People’s Committees at all levels shall establish inter-sectoral inspectors to inspect and handle violations of the law on prostitution prevention and combat in their localities.
Article 37. Funding for prostitution prevention and combat
The State shall allocate funds and adopt policies to use revenues from the handling of violations of the law on prostitution prevention and combat and mobilize other resources for prostitution prevention and control.
CHAPTER V
RECOMMENDATION AND COMPLAINTS, DENUNCIATIONS
Article 38. Commendation
Agencies, organizations and individuals that have made achievements in prostitution prevention and combat shall be commended and rewarded according to the provisions of law.
Article 39. Complaints and denunciations and responsibilities for settlement of complaints and denunciations
1. Agencies, organizations and individuals have the right to complain about handling decisions of competent persons in the prevention and combat of prostitution when there are grounds to believe that such decisions are illegal, infringing on rights and its legitimate interests.
2. Citizens have the right to denounce acts of violating the law on prostitution prevention and combat.
3. Competent agencies, organizations and persons are responsible for settling complaints and denunciations in accordance with law.
CHAPTER VI
TERMS ENFORCEMENT
Article 40. Effect
This Ordinance takes effect from July 1, 2003. All previous provisions contrary to this Ordinance are annulled.
Article 41. Detailed regulations and implementation guidance
The Government shall detail and guide the implementation of this Ordinance.
THESE TERMS OF USE (THESE “TERMS”)
ESTABLISH THE TERMS AND CONDITIONS THAT APPLY TO YOU WHEN YOU USE THE SERVICE
(AS DEFINED BELOW), WHICH IS MADE AVAILABLE TO YOU BY ZEN TECH ASIA CO., LTD. (“ZEN”,
“WE”, “OUR”, OR “US”) AND
ITS AFFILIATES, BY USING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE
TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE
LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT
AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED,
AND/OR UPDATED BY ZEN AT ANY TIME; PROVIDED THAT WE WILL ENDEAVOR TO PROVIDE
YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE
SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH
CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU
ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THESE TERMS. THESE TERMS
WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.
AS FURTHER DESCRIBED BELOW, THESE
TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE
REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
a. The “Service”
is Zen’s website located at www.zenapppro.com
and mobile applications, as each may be updated, relocated, or otherwise
modified from time to time, including through networks, embeddable widgets,
downloadable software, and tablet computer applications, and all intellectual
property contained therein. The Service provides health and wellness
professionals (“Providers“) with a network (the “Zen
Network“) through which Providers can provide Treatments (each, a
“Treatment“) to consumers, whether in-person or virtually,
meaning utilizing a video communications platform. Any person who accesses
and/or uses the Service to book a Treatment on his or her own behalf, or on
behalf of any third party, will be referred to herein as a “Zen Member“.
Additionally, the Service provides consumers with the opportunity to connect (1)
massage therapists who can provide medical massages; and/or (2) other health and
wellness professionals who can provide other therapeutic services that Zen may
make available from time to time (“Therapeutic Treatments“).
b. Subject to the terms
and conditions of these Terms, Zen hereby grants you a limited revocable,
non-exclusive, non-transferable license to access and use the Service, solely
in the manner intended by Zen. Unless otherwise specified in writing, the
Service is solely for your personal use and not for resale. Zen reserves the
right at all times and without notice to: (i) restrict and/or terminate your
access to the Service (or any portion thereof); and (ii) modify or discontinue
providing the Service (or any portion thereof).
c. Zen’s policy with
respect to the collection and use of your personally identifiable information
is set in our Privacy Policy.
By accepting these Terms, you acknowledge your agreement with Zen’s Privacy
Policy.
d. Zen upholds and
supports Vietnam’s Anti Prostitution Law, and every “Zen Provider” and
“Zen Member” must acknowledge and follow the Vietnam Anti-Prostitution Law.
You acknowledge that there
will be no solicitation or offers of prostitution, sexual favors when using the
Zen applications. Zen may terminate these Terms and your continued access and
use of the Service; and has the right to report to authorities of such illegal
activities.
a. Zen Members. In
order to become a Zen Member, you must complete the registration process by
providing Zen with current, complete and accurate information, as prompted by
the applicable registration form.
b. Providers. In
order to become a Provider, you must enter into the Agreement Between Zen and
Provider for Use of Zen Services (the “Provider Agreement“)
and provide any information required by Zen in order to verify your identity
and credentials or as otherwise set forth in the Provider Agreement.
c. Accuracy of
Information. You acknowledge that in the event you provide any information
to Zen which is untrue, inaccurate, not current or incomplete, Zen may
terminate these Terms and your continued access and use of the Service.
d. Eligibility.
i. You represent and
warrant that you are at least eighteen (18) years of age, that you have not
been previously suspended or removed from the Service, and that you possess the
legal right and ability to enter into these Terms. THE SERVICE IS NOT FOR
PERSONS YOUNGER THAN ZEN’S STATED AGE MINIMUMS OR ANY USERS PREVIOUSLY
SUSPENDED OR REMOVED FROM THE SERVICE BY ZEN. Treatments may be booked for
minors through the platform by a parent or legal guardian who must be present
in the same room during the entire duration of appointment. Guardians who are
booking for minors must indicate that they are booking for a dependent and
indicate the age of the minor at the time of booking. For massage therapy,
physical therapy, and assisted stretching appointments, minors must wear
T-shirts and shorts for the entire duration of their appointments.
Treatments may be booked
for minors as follows:
ii. If you are using the
Service on behalf of an individual, company, entity, or organization (each, a
“Guest“), you represent and warrant that (A) you are an
authorized representative of such Guest with the authority to bind such Guest
to these Terms, (B) agree to be bound by these Terms on behalf of such Guest,
and (C) your Guest meets the eligibility requirements for the Service, as set
forth in these Terms. Further, you will be solely responsible for ensuring your
Guest complies with these Terms.
e. Credentials. As
part of the registration process, you will be asked to select a username and
password. You are entirely responsible for maintaining the security and
confidentiality of your account and password. You agree to notify Zen
immediately of any unauthorized use of your account or any other breach of
security. To notify us, contact us at www.zenapppro.com/contact-us.
You are responsible for all use of the Service occurring under your user name.
You are responsible for keeping your password confidential and for notifying us
if your password has been hacked or stolen. Zen will not be liable for any loss
that you may incur as a result of someone else using your password or account,
either with or without your knowledge. You may be held liable for any losses
incurred by Zen or another party due to someone else using your account or password.
a. use, copy, install,
transfer or distribute the Service, except as specifically permitted by these
Terms;
b. modify, adapt,
translate, reverse engineer, decompile, or disassemble any portion of the
Service or its Content (as defined below);
c. remove or alter any
copyright, trademark or other proprietary rights notices contained in or on the
Service or in or on any content or other material obtained through the Service
or the use of the Service;
d. create user accounts by
automated means or under false or fraudulent pretenses;
e. use any robot, spider,
screen or database scraper, site search or retrieval application, or other
automated device, process or means to access, retrieve or index any portion of
the Service;
f. probe, scan or test the
vulnerability of any system or network or breach any security or authentication
measures;
g. reformat, mirror, or
frame any portion of the web pages that are part of the Service;
h. express or imply that
any statements you make are endorsed by us, without our prior written consent
in each instance;
i. transmit (i) any
content or information that is unlawful, fraudulent, threatening, abusive,
libelous, defamatory, obscene or otherwise objectionable, or infringes on our
or any third party’s intellectual property or other rights, (ii) any material,
non-public information about individuals or companies without the authorization
to do so, (iii) any trade secret of any third party, and/or (iv) any
advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities, or other unsolicited commercial communication (except as
otherwise expressly permitted by us), or engage in spamming or flooding;
j. transmit any software
or other materials that contain any virus, worm, time bomb, Trojan horse, or
other harmful or disruptive component; use any robot, spider, site
search/retrieval application, or other manual or automatic device or process to
retrieve, index, “data mine”, or in any way reproduce or circumvent
the navigational structure or presentation of the Service or its contents;
k. harvest or collect
information about other users without their prior written consent;
l. undertake, cause,
permit or authorize the translation, reverse engineering, disassembling or
hacking of any aspect of the Service, including Content, or attempt to do any
of the foregoing, except and solely to the extent permitted by these Terms, the
Service’s authorized features, or by law, or otherwise attempt to use or access
any portion of the Service other than as intended by Zen;
m. access, tamper with, or
use non-public areas of the Service, Zen’s (and its hosting company’s) computer
systems and infrastructure, or the technical delivery systems of Zen’s
providers;
n. harass, abuse, harm or
advocate or incite harassment, abuse or harm of another person or group,
including Zen employees and other users;
o. create a new account
with Zen, without Zen’s express written consent, if Zen previously disabled an
account of yours;
p. solicit, or attempt to
solicit, personal information from other users, except as permitted through the
Service’s functionality;
q. restrict, discourage or
inhibit any person from using the Service, disclose personal information about
a third person on the Service or obtained from the Service without the consent
of such person, or collect information about users;
r. gain unauthorized
access to the Service, to other users’ accounts, names or personally
identifiable information, or to other computers or websites connected or linked
to the Service;
s. violate any applicable
federal, state or local laws, regulations or these Terms;
t. use the Service for any
illegal, inappropriate and/or unauthorized conduct, including without
limitation, using the Service to contact Providers for sexual or other
inappropriate purposes, or using the Service in violation of Zen’s or any third
party’s intellectual property or other proprietary or legal rights; or
u. use or access the
Service to build a competing service.
We may take any legal
action and implement any technical remedies to prevent the violation of these
provisions and to enforce these Terms.
a. Treatments Booked
Through the Service. Zen Members understand that Providers and Healthcare
Providers providing the Services are highly trained, certified and licensed
(where applicable under relevant state law) and specialize in medical, massage
therapy, personal training, assisted stretch, yoga, mindfulness, and other
health and wellness techniques, as applicable. Zen does not tolerate any
requests deemed sexual or inappropriate in nature. Users reported for
inappropriate behavior will be immediately removed from the Service. Zen
Members agree that Treatments are for therapeutic purposes only and should not
be used if the person who will receive the Treatment is on any medication that
would be expected to weaken bone structure and/or connective tissue or lead to
enhanced bleeding; have edema due to chronic heart failure or kidney failure;
have an inflammatory condition in the acute stage; have acute phlebitis and/or
deep venous thrombosis; have had an acute trauma or recent surgery; are in the
first trimester of pregnancy; or where Treatment is otherwise contraindicated.
A Zen Member who uses the Service to book a Treatment or Medical Treatment on
his or her own behalf should consult a physician if uncertain as to whether a
Treatment or Medical Treatment is appropriate for such Zen Member, and a Zen
Member who uses the Service to book a Treatment or Medical Treatment on behalf
of a third party should encourage that third party to do the same.
b. Prices. The fees
listed on the Service are the standard fees for the listed service, which Zen
may change at any time in its sole discretion by so posting on the Service. In
addition, fees for services provided by a Provider or Healthcare Provider may
vary depending on a variety of factors such as length, day, time, or location
of appointment. The fee you are ultimately charged is the “Fee.”
c. No Liability. To
the fullest extent permitted by law, Zen will not have any liability whatsoever
for any of the services provided by Providers or Healthcare Providers.
Providers and Healthcare Providers bear sole liability for all of the services
provided, including those services that are booked through the Service.
d. Exclusive Booking
through Zen. In order to receive pre-negotiated rates with Providers or
Healthcare Providers, Zen Members agree that once a Zen Member has made an
appointment with a Provider through the Zen Network, all subsequent
appointments with the Provider or Healthcare Provider will be made through Zen,
for as long as: (i) the Provider or Healthcare Provider is an active
participant in the Zen Network, and (ii) the Zen Member continues to keep its
account with Zen active and in good standing.
e. Responsibility for
Payment. You will be charged the Fee following your receipt of a Treatment
by a Provider. You agree to pay to Zen all Fees, whether or not you dispute the
amount of the charge or the quality or nature of the services provided. You
acknowledge that Treatments obtained through the Service in all likelihood will
not be covered services under your benefit plan, the Medicare program, a state
Medicaid program, or any health insurance plan whether government-sponsored or
private. Notwithstanding the foregoing, Medical Treatments may be reimbursable
under your benefit plan, the Medicare program, a state Medicaid program, or any
health insurance plan whether government-sponsored or private, although
reimbursement is solely up to the applicable plan or program. Zen will have no
liability in connection with your ability to secure reimbursement for any such
Medical Treatment. You acknowledge and agree that Zen will not file any claims
with your insurance benefit plan, the Medicare program, a state Medicaid
program, or any other third party medical benefits program, and that the
services you receive from or through Zen may not be eligible for reimbursement under
such plans. You acknowledge, understand and agree that when using the Service,
you may be responsible for standard phone, data and messaging charges from your
wireless carrier. Under no circumstances will Zen be responsible for any
wireless email, data, phone, or text messaging charges incurred by you or by a
person that has access to your wireless device, telephone number, or email
address.
f. Cancellations.
If you cancel before your scheduled Treatment or Medical Treatment, then Zen
may charge you a cancellation fee, which will be set forth in the Cancellation
Policy.
g. Dispute Resolution.
Although Zen retains the right to mediate any dispute between you and a
Provider or a Healthcare Provider, all disputes between you and such Provider
or Healthcare Provider must ultimately be resolved between you and the Provider
or Healthcare Provider directly. All sales booked through the Service are final
and Zen provides no refunds, except as determined in Zen’s sole discretion. For
avoidance of doubt, Zen will not refund you for any reason if you receive a
Treatment or Medical Treatment, except as determined in its sole discretion. If
you engage in conduct deemed inappropriate or unsafe by a Provider or
Healthcare Provider, as determined in the Provider’s sole discretion,
including, but not limited to, making inappropriate requests, engaging in
inappropriate touching, or the Provider or Healthcare Provider perceives a
threat to his/her safety or well-being, and such conduct results in a Provider
or Healthcare Provider ending the Treatment or Medical Treatment prior to the
end of the allotted time, Zen will not refund you.
j. Concierge Tip.
Concierge Members will receive a tip for any Treatments booked through the
Service in an amount set forth on the Service, which amount Zen may change from
time-to-time in its sole discretion (“Concierge Tip“). The
Concierge Member must provide to Zen any information and/or documentation that Zen
needs to pay the Concierge Tip to the Concierge Member (including, without
information, a W-9 form and any other tax-related information). Zen will pay
the Concierge Tip to the Concierge Member on a weekly basis through the
Automated Clearing House. With respect to each Treatment the Concierge Member
books through the Service, the Concierge Member must include all information
required by the Service and any other relevant information that would be
necessary and/or helpful to enable the Provider to provide the Treatment, which
includes, without limitation, the Treatment recipient’s name and address, any
parking instructions and whether the Provider must supply a massage table, or
any other equipment.
a. Consent to
Electronic Communications. By using the Service or providing Personal
Information (as defined in the Privacy
Policy) to us, you agree that we may
communicate with you electronically regarding security, privacy, and
administrative issues relating to your use of the Service. If we learn of a
security system’s breach, we may attempt to notify you electronically by
posting a notice on the Service or sending an email to you, if we have your
email address. You may have a legal right to receive this notice in writing. To
receive free written notice of a security breach (or to withdraw your consent
from receiving electronic notice), please write to us at memberservices@Zen.com.
b. SMS Text Messages
and Push Notifications. When you register with Zen, Zen will send you an
SMS text message containing a 4-digit code in order to verify your phone number
and will send SMS text messages and push notifications (Messages and
Notifications“) in order to keep you informed about the Service. For
example, Zen will send you a text message to confirm or remind you of your
scheduled appointment(s). By using the Service, you agree to receive Messages
and Notifications regarding your use of the Service. SMS text messages are for
informational purposes only.
a. By sending or
transmitting to us information, opinions, creative suggestions, ideas, notes,
concepts, or other materials (collectively, “Materials“), or
by posting such Materials to any area of the Service, you grant Zen and its
designees a worldwide, non-exclusive, sublicenseable (through multiple tiers),
assignable, royalty-free, perpetual, irrevocable right to use, reproduce,
distribute (through multiple tiers), create derivative works of, publicly
perform, publicly display, digitally perform, make, have made, sell, offer for
sale and import such Materials in any media now known or hereafter developed to
enhance and develop the Service, including by marketing and advertising the
Service, without compensation to you; provided that we will never use your name
in connection with any of your Materials that we use in our own advertising and
marketing materials without obtaining your prior consent; provided further,
that if you are a Provider, the use of certain Materials (for example, your
biography, photo, and other information to associate with your profile on the
Service) will be as set forth in the Provider Agreement. None of the Materials
will be subject to any obligation, whether of confidentiality, attribution, or
otherwise, on our part and we will not be liable for any use or disclosure of
any Materials. Zen may remove or alter any Materials at any time for any
reason. We neither endorse nor are responsible for any opinion, advice,
information, or statement made or displayed on the Service by any user. We are
not responsible for any errors or omissions in articles or postings, for
hyperlinks embedded in messages, or for any results obtained from the use of
such information. Under no circumstances will Zen and/or its affiliates,
suppliers, or agents be liable for any loss or damage caused by your reliance
on such information obtained through the Service. We cannot and do not take
responsibility for the veracity, reliability, or completeness of any opinion,
advice, information, or statement available on the Service.
b. The opinions expressed
on the Service by users reflect solely the opinions of the users who post
thereon and do not reflect the opinions of Zen. You acknowledge and agree that
we have the right (but not the obligation) to monitor the Service and
Materials; to alter or remove any Materials; and to disclose Materials and the
circumstances surrounding their transmission to any third party in order to
operate the Service properly; to protect ourselves, our sponsors, and our
members and visitors; and to comply with legal obligations or governmental
requests. If you believe a message violates our member policies, please contact
Zen immediately at www.zenapppro.com/a/contact-us
so that we can consider its editing or removal.
c. You are solely
responsible for your Materials and the consequences of posting them on the
Service. By posting Materials, you represent, warrant, and covenant that: (i)
you are the creator and owner of the Materials or otherwise have sufficient
rights and authority to grant the rights granted herein; (ii) your Materials do
not and will not (A) infringe, violate, or misappropriate any third-party
right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or
proprietary right or (B) slander, defame, or libel any other person; (iii) your
Materials do not contain any viruses, adware, spyware, worms, or other harmful
or malicious code or (iv) unless you have received prior written authorization,
your Materials specifically do not contain any confidential information of any
third party. We reserve all rights and remedies against any users who breach
these representations and warranties.
d. Sending Messages.
The Service may allow Providers and Zen Members to exchange messages (“Messages“)
with each other. Sending Messages is a privilege, not a right, and Zen may
terminate such privileges of any user at any time and for any reason, without
any liability to such user. Harmful, obscene, or offensive communications are
not welcome in any Messages. If a user sends you an objectionable Message,
please notify us by sending an e-mail to help@zenapppro.com.
You should exercise discretion, good sense, and sound judgment when sending a
Message. You are solely responsible for the content of any Message you send.
You agree that Zen may monitor Messages for compliance with these Terms, and
therefore, Messages should not be considered confidential or proprietary. You
hereby grant us an assignable, sublicensable, irrevocable license to reproduce
and transmit your Messages in connection with facilitating transfer to the
intended recipient through the Service and for such other purpose as Zen may
deem appropriate in its sole discretion.
a. The term of these Terms
(the “Term“) will commence on the date on which you first
access or utilize the Service in any way (the “Effective Date“)
and will continue so long as you continue to access or utilize the Service;
provided that Zen reserves the right to take whatever lawful actions it may
deem appropriate in response to actual or suspected violations of these Terms
including, without limitation, the suspension or termination of the user’s
access and/or account, or blocking the user from access to the Service. Zen may
cooperate with legal authorities and/or third parties in the investigation of
any suspected or alleged crime or civil wrong.
a. Proprietary
Information. You acknowledge and agree that: (i) the Service, including,
without limitation, any Content, modifications, enhancements and updates, and
any originals and copies thereof, in whole or in part, and all intellectual
property rights therein (collectively, “Proprietary Information“),
is owned by Zen and its licensors, as applicable; (ii) the Proprietary
Information contains valuable copyrighted and proprietary material of Zen;
(iii) the Proprietary Information is licensed, rather than sold, to you
pursuant to these Terms; and (iv) you have no rights in the Proprietary
Information, other than the rights and licenses specifically granted to you
pursuant to these Terms.
b. Trademarks. You
acknowledge that Zen has acquired, and is the owner of, trademark rights in the
name and word mark “Zen”Ⓡ
and in the other marks and design marks displayed on the Service. You
acknowledge that this name and these marks are famous and internationally
known. You will not, at any time or for any reason, challenge the validity of,
or Zen’s ownership of, the foregoing name and marks, and you waive any rights
you may have at any time to do so. All use of the foregoing name and marks by you
will inure exclusively to the benefit of Zen. All marks shown on the Service
but not owned by Zen are the property of their respective owners.
a. a physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
b. identification of the
copyrighted work claimed to have been infringed (or if multiple copyrighted
works located on the Service are covered by a single notification, a
representative list of such works);
c. identification of the
material that is claimed to be infringing or the subject of infringing
activity, and information reasonably sufficient to allow Zen to locate the
material on the Service;
d. the name, address,
telephone number, and email address (if available) of the complaining party;
e. a statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and
f. a statement that the
information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
a. To the fullest extent
permitted by law, You will defend, indemnify and hold Zen, its parents,
subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and
licensors (each, a “Zen Party” and collectively, the “Zen
Parties“) harmless against any loss or damage of any kind (including,
without limitation, attorneys’ fees and lost revenues) arising from: (i) any
and all breaches by you of these Terms or any representation, warranty or
covenant contained herein; (ii) any and all use of the Service not specifically
authorized hereunder and on the Service; and (iii) any and all claims and
actions against Zen by other parties to whom you allow access to the Service.
b. To the fullest extent
permitted by law, You further waive, release and forever discharge the Zen
Parties from any and all responsibility or liability for injuries or damages
resulting from your Treatments or Medical Treatments, Telehealth Services, or
any other service obtained through the use of the Service, including injuries
or damages caused by the negligent act or omission of the Released Parties or
in any way arising out of or connected with the Service.
c. We reserve the right,
at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such case, you agree to
cooperate with our defense of such claim. You will not, in any event, settle
any claim or matter without our written consent.
a. TO INDIVIDUAL USERS
OF THE SERVICE (INCLUDING ZEN MEMBERS)
THE LAWS OF CERTAIN
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES,
CONDITIONS, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE
CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE
ADDITIONAL RIGHTS.
ZEN DOES NOT MAKE ANY
REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY,
NON-INFRINGEMENT, OR USEFULNESS WITH RESPECT TO THE PRODUCTS OR SERVICES. WE
MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET
YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE
ACCURATE; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU AGREE THAT ANY CLAIMS
OR CAUSES OF ACTION ARISING OUT OF ANY ACTION OR INACTION OF ANY PROVIDERS (OR
HEALTHCARE PROVIDERS) OR ZEN MEMBERS, SHALL BE EXCLUSIVELY BETWEEN YOU AND THE
PROVIDER (OR HEALTH CARE PROVIDER) OR ZEN MEMBER (AS APPLICABLE) AND NOT ZEN.
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” YOU AGREE TO USE THE
PRODUCTS AND SERVICES, INCLUDING ANY TELEHEATLH SERVICES, SOLELY AT YOUR OWN
RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE
OF THE SERVICES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE
FOREGOING. YOU UNDERSTAND AND ACKNOWLEDGE THAT ZEN ONLY PROVIDES A PLATFORM FOR
COMMUNICATION BETWEEN PROVIDERS (OR HEALTHCARE PROVIDERS) AND ZEN MEMBERS, AND
AS SUCH ZEN DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH
ANY PROVIDER(S) (OR HEALTHCARE PROVIDER(S)) OR OTHER ZEN MEMBER(S). ANY
REPRESENTATIONS MADE TO YOU BY ANY PROVIDER(S) (OR HEALTHCARE PROVIDER(S)) ARE
MADE SOLELY AT THEIR DISCRETION AND ZEN HAS NO OBLIGATION TO MONITOR OR
VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY
REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE PROVIDER(S) (OR HEALTHCARE
PROVIDER(S)). YOU UNDERSTAND AND ACKNOWLEDGE THAT ZEN SHALL HAVE NO LIABILITY
TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE PROVIDER TO YOU AS A RESULT
OF YOUR USE OF THE SERVICE(S).
YOU ACKNOWLEDGE THAT THE
SERVICE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT
IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS
OF THE SERVICE MEET YOUR REQUIREMENTS.
b. TO CORPORATE ZEN
MEMBERS AND PROVIDERS
ZEN DOES NOT MAKE ANY
REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY,
NON-INFRINGEMENT OR USEFULNESS WITH RESPECT TO THE PRODUCTS OR SERVICES. WE
MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET
YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE
ACCURATE; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU AGREE THAT ANY CLAIMS
OR CAUSES OF ACTION ARISING OUT OF ANY ACTION OR INACTION OF ANY PROVIDERS (OR
HEALTHCARE PROVIDERS) OR ZEN MEMBERS, SHALL BE EXCLUSIVELY BETWEEN YOU AND THE
PROVIDER OR ZEN MEMBER (AS APPLICABLE) AND NOT ZEN. THE SERVICES ARE PROVIDED
“AS IS.” YOU AGREE TO USE THE SERVICES SOLELY AT YOUR OWN RISK. YOU
ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE
SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT ZEN ONLY PROVIDES A PLATFORM FOR
COMMUNICATION BETWEEN PROVIDERS (OR HEALTHCARE PROVIDERS) AND ZEN MEMBERS, AND
AS SUCH ZEN DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH
ANY PROVIDER(S) (OR HEALTHCARE PROVIDER(S)) OR OTHER ZEN MEMBER(S). ANY
REPRESENTATIONS MADE TO YOU BY ANY PROVIDER(S) (OR HEALTHCARE PROVIDER(S)) ARE
MADE SOLELY AT THE DISCRETION OF THE PROVIDER (OR HEALTHCARE PROVIDER) AND ZEN
HAS NO OBLIGATION TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR
LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE
PROVIDER(S) (OR HEALTHCARE PROVIDER(S)). YOU UNDERSTAND AND ACKNOWLEDGE THAT ZEN
SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY
THE PROVIDER (OR HEALTHCARE PROVIDER) TO YOU AS A RESULT OF YOUR USE OF THE SERVICE(S).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTIES MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
a. Disclaimer of
Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ZEN
PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS
OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, IN EACH CASE WHETHER OR NOT ZEN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR ANY
HEALTHCARE PROVIDER, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR
INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR MADE AVAILABLE THROUGH
THE SERVICE (INCLUDING ANY HEALTHCARE PROVIDER); OR (5) ANY OTHER MATTER
RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON
LIABILITY SHALL NOT APPLY TO LIABILITY OF A ZEN PARTY FOR (A) DEATH OR PERSONAL
INJURY CAUSED BY A ZEN PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A ZEN
PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
b. Cap on Liability.
UNDER NO CIRCUMSTANCES WILL ZEN PARTIES BE LIABLE TO YOU FOR MORE THAN THE
GREATER OF (A) THE TOTAL AMOUNT PAID TO Zen by you during the one-month period
prior to the act, omission or occurrence giving rise to such liability and (B)
THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE
FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A ZEN PARTY FOR (A)
DEATH OR PERSONAL INJURY CAUSED BY A ZEN PARTY’S NEGLIGENCE; OR FOR (B) ANY
INJURY CAUSED BY A ZEN PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
c. Basis of the Bargain.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN ZEN AND YOU.
a. To the fullest extent
permitted by law, You will defend, indemnify and hold Zen, its licensors and
each such party’s parent organizations, subsidiaries, affiliates, officers,
directors, members, employees, attorneys and agents, harmless against any loss
or damage of any kind (including, without limitation, attorneys’ fees and lost
revenues) arising from: (i) any and all breaches by you of these Terms or any
representation, warranty or covenant contained herein; (ii) any and all use of
the Service not specifically authorized hereunder and on the Service; and (iii)
any and all claims and actions against Zen by other parties to whom you allow
access to the Service.
b. To the fullest extent
permitted by law, You further waive, release and forever discharge the Zen
Parties from any and all responsibility or liability for injuries or damages
resulting from your Treatments or any other service obtained through the use of
the Service, including injuries or damages caused by the negligent act or
omission of the Released Parties or in any way arising out of or connected with
the Service.
c. We reserve the right,
at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such case, you agree to
cooperate with our defense of such claim. You will not, in any event, settle
any claim or matter without our written consent.
a. Mandatory
Arbitration. Please read this carefully. It affects your rights. YOU AND ZEN
AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES,
PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO
ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS
THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL
DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF
THE SERVICE. Arbitration uses a neutral arbitrator instead of a judge or jury,
allows for more limited discovery than in court, and is subject to very limited
review by courts. Please visit www.adr.org for more information about
arbitration.
i. Commencing
Arbitration. A party seeking arbitration must first send to the other by
mail or electronic mail, a written notice of intent to arbitrate (a “Notice“),
or, in the absence of a mailing address provided by you to Zen, to you via any
other method available to Zen, including via e-mail. THE ARBITRATION WILL BE
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA“)
IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY
PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules“), AS
MODIFIED BY THESE TERMS. The Rules and AAA forms are available at www.adr.org.
If you are required to pay a filing fee to commence arbitration against Zen,
then Zen will promptly reimburse you for your confirmed payment of the filing fee
upon Zen’s receipt of Notice at the Address that you have commenced arbitration
along with a receipt for the filing fee, unless your Demand is equal to or
greater than $1,000 or was filed in bad faith.
ii. Arbitration
Proceeding. The arbitration will be in English. A single independent and
impartial arbitrator with his or her primary place of business in New York
County, New York, will be appointed pursuant to the Rules, as modified herein.
You and Zen agree to comply with the following rules, which are intended to
streamline the dispute resolution process and reduce the costs and burdens on
the parties: (A) the arbitration will be conducted by telephone, online and/or
be solely based on written submissions, the specific manner to be chosen by the
party initiating the arbitration; (B) the arbitration will not require any
personal appearance by the parties or witnesses unless otherwise mutually
agreed in writing by the parties; and (C) any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction.
iii. No Class Actions.
YOU AND ZEN AGREE THAT YOU AND ZEN MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS,
AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS
PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE,
THEN THIS ENTIRE MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
iv. Decision of the
Arbitrator. Barring extraordinary circumstances, the arbitrator will issue
his or her decision within 120 days from the date the arbitrator is appointed.
The arbitrator may extend this deadline by 30 days in the interests of justice.
Arbitration proceedings will be closed to the public and confidential, and all
related records will be permanently sealed, except as necessary to obtain court
confirmation of the award. The award will be in writing and will include a
statement setting forth the reasons for the claim’s disposition. The arbitrator
will apply New York state law during the arbitration. You agree that these
terms and your use of the App evidences a transaction involving interstate
commerce. The United States Federal Arbitration Act will govern the
interpretation, enforcement, and proceedings pursuant to the Mandatory
Arbitration clause in These Terms. If the dispute is finally resolved through
arbitration in your favor, Zen will pay you the highest of the following: (A)
the amount awarded by the arbitrator, if any; (B) the last written settlement
amount offered by Zen in settlement of the dispute prior to the arbitrator’s
award; or (C) $1,000.
b. Equitable Relief.
The foregoing provisions of this Section 21 do not apply to any claim in which Zen
seeks equitable relief of any kind. You acknowledge that, in the event of a
breach of these Terms by Zen or any third party, the damage or harm, if any,
caused to you will not entitle you to seek injunctive or other equitable relief
against Zen, and your only remedy will be for monetary damages, subject to the
limitations of liability set forth above.
c. Claims. You and Zen
agree that, notwithstanding any other rights the party may have under law or
equity, any cause of action arising out of or related to these Terms or the
Service, excluding a claim for indemnification, must commence within one year
after the cause of action accrues. Otherwise, such cause of action is permanently
barred.
d. Improperly Filed
Claims. All claims you bring against Zen must be resolved in accordance
with this Section 21. All claims filed or brought contrary to this Section 21
will be considered improperly filed. Should you file a claim contrary to this
Section 21, Zen may recover attorneys’ fees and costs up to $5,000, provided
that Zen has notified you in writing of the improperly filed claim, and you
have failed to promptly withdraw the claim.
e. Modifications.
If Zen changes the Mandatory Arbitration provision (other than a change to Zen’s
Address), then you may reject any such change by sending us written notice to Zen’s
Address within 30 days of the change, in which case your Account and your right
to use the Service will terminate immediately, and this Section 21, as in
effect immediately prior to the amendments you reject, will survive termination
of these Terms.
f. Enforceability.
If only Section 21.a.iii or the entirety of this Section 21 is found to be
unenforceable, then the entirety of this Section 21 will be null and void and,
in such case, the parties agree that the exclusive jurisdiction and venue
described in Section 22 will govern any action arising out of or related to
these Terms.
a. Zen will own,
exclusively, all known or later discovered rights to the Feedback;
b. Zen will not be subject
to any obligation of confidentiality and will not be liable for any use or
disclosure of any Feedback; and
c. Zen will be entitled to
unrestricted use of the Feedback for any purpose whatsoever, commercial or
otherwise, without compensation to you or any other person.
NOTICE REGARDING APPLE. You acknowledge that these Terms are between you and Zen only, not with Apple, and Apple is not responsible for the Service or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Zen provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://zenapppro.com.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information.”
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
– Communicate with you;
– Screen our orders for potential risk or fraud; and
– When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Zen App to power our online store — you can read more about how Zen uses your Personal Information here: https://zenapppro.com.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED.
COMMON LINKS INCLUDE:
– FACEBOOK – https://www.facebook.com/settings/?tab=ads
– GOOGLE – https://www.google.com/settings/ads/anonymous
– BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS
You have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
MINORS
The Site is not intended for individuals under the age of 16.
CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@zenapppro.com or by mail using the details provided below:
195/3 Dien Bien Phu, Binh Thanh District, Ho Chi Minh City, 700000, Vietnam
To be updated
To be updated