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.
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.
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;
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.
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.
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.
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.
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.
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.
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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.
- Referral Program. You may be able to earn free Treatments by inviting friends to book through Zen using the promo code assigned to you by Zen (“Code“). Codes are for personal and non-commercial use only and may not be duplicated, sold or transferred in any manner. This means that you are welcome to share your Code with friends, family and your social network, so long as you are the primary content owner of such network. Both you and each friend or family member who signs up with your Code and completes a Treatment will receive the credit set forth on the Service (“Credit“). Codes are not intended for distribution on public sites, such as Yelp or Facebook, coupon code websites, such as retailmenot, via search engines. We reserve the right to disable your Code in our sole discretion. Codes (a) may only be used pursuant to the specific terms that Zen establishes for such Code; (b) are not valid for cash; and (c) may expire prior to your use. Zen reserves the right to withhold or deduct Credits or other features or benefits obtained through the use of Codes by you or any other user in the event that Zen determines or believes that the use or redemption of the Code was in error, fraudulent, illegal, or in violation of the applicable Code terms or these Terms.
- Providing Treatments. The terms governing Providers with respect to providing Treatments are set forth in the Provider Agreement.
- E-commerce and Zen Store. Zen, through itself or its affiliates, offers a curated list of products from various partners, and additional terms may apply via Zen’s online ecommerce store (“Zen Store“). When you purchase an item from the Zen Store, you are also subject to the guidelines, terms, and agreements applicable to the manufacturer or distributor of that product. Depending on the product purchased, the manufacturer or distributor may handle the return, refund, recall, or exchange.
- Consent to Electronic Communications
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.
- Content Submitted to Zen
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 [email protected]. 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.
- Contests. Zen may provide contests on the Service. The rules, regulations, and procedures governing such contests (“Contest Rules“) will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of our contests or games, you agree to be subject to those rules, regulations and procedures as well as the terms and conditions of these Terms. In the event of a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.
- Term and Termination
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.
- Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Zen infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
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.
- Indemnification and Release
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.
- Disclaimer of Warranty
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.
- Limitation of Liability
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.
- Third Party Disputes. ZEN IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE OR YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE ZEN (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- Force Majeure. Zen will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Zen’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Zen in fulfilling its obligations hereunder.
- Indemnification and Release
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.
- Additional Service Features. The Service may contain information on products, and services provided by third parties, including Providers, and links (including advertisements) to third party web sites. This information and these products, services, and links are provided only as a convenience to users. Zen does not review or control this information or these products, services, or other web sites, and Zen does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites. Inclusion of any of the foregoing in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Zen with respect to any third party or its web site or content, or any information, products, or services provided by that third party. Zen is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever.
- Dispute Resolution
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.
- Governing Law; Choice of Forum. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
- Feedback. While our staff continually works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our Users. If you send us or our employees any ideas or suggestions for products, services, features, modifications, enhancements, content, promotions, strategies, or product/feature names, or any related materials (collectively “Feedback“), then regardless of what your communication may say, the following terms apply, to avoid future misunderstandings. By sending us Feedback, you agree that:
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.
- Entire Agreement; Variation. These Terms and any license contained in Zen’s products set forth the entire agreement between Zen and you with respect to the Service; provided, however, that: (1) Providers will also be required to enter into the Provider Agreement and sometimes also an addendum to the Provider Agreement; (2) Zen may enter into additional agreements with you (such as, for example, the Massage Zenot Membership Program Agreement). In the event of a conflict between these Terms and the Provider Agreement, the terms of the Provider Agreement will govern. In the event of a conflict between these Terms and the Massage Zenot Membership Program Agreement, the Massage Zenot Membership Program Agreement will govern.
- Severability. If any provision of these Terms is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.
- Relationship of Parties. Nothing herein will be deemed to create an employer-employee relationship between Zen and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
- Waiver. No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
- Assignment. Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Zen and any attempt to do so will be null and void. However, Zen may assign or transfer these Terms at any time without your permission.
- Third-Party Beneficiaries. The provisions of these Terms relating to the rights of Zen content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to these Terms.
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.
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.”
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: http://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.
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
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.
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.
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.
The Site is not intended for individuals under the age of 16.
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 [email protected] or by mail using the details provided below:
195/3 Dien Bien Phu, Binh Thanh District, Ho Chi Minh City, 700000, Vietnam
Refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made.
If you no longer need a massage, you may cancel it through the app. In certain cases, a cancellation fee will be applied in order to compensate the therapist for time spent. To cancel a massage, tap the “Cancel” button and the confirm you want to cancel.
Based upon your cancellation history, you could be charged a fee after a therapist accepts your request. The cancellation fee is 50,000vnd. You’re charged the full service price if you stop the massage after you’ve started. How to dispute a cancellation fee. If you think you were wrongly charged a cancellation fee, we’re happy to look into it. Simply write to “Help” and let us know your concern.
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