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Terms and Conditions

LEGAL NOTICE

 

Registered owner:

This website is owned and maintained by Zen Direct Ltd.

35-37 Ludgate Hill London EC4M 7JN United Kingdom.

email: [email protected]

Tel No:+44 (0)208 1239890 

Company Registration No:10161538

 

Authorised Representative: Mr. Sean Quick - Chief Executive 

 

 

WEBSITE TERMS OF USE


Thank you for visiting our website. These are Zen direct Ltd Website Terms of Use ("Terms of Use") govern your use and enjoyment of, and apply to, the entire group of websites and webpages owned, operated, licensed or controlled by Zen direct Group Ltd or their affiliates iZen direct (collectively, the "Operator"), including but not limited to all webpages located at the top level domain name: www.izendirect.com www.izendirect.co.uk and any social media webpages created by Operator (collectively, the "Website"). The Website is provided to inform website visitors and Zen Direct Ltd® members about the opportunities, services, benefits and privileges made available through Zen Direct Ltd® or otherwise offered by Operators and to assist those persons in availing themselves of such opportunities, services, benefits and privileges. The terms "we", "us", "our" and "Operator" refer to Operator. The terms "you," "your," and "visitor" refer to all Website visitors.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.


By using the Website, you signify your consent to these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree to these Terms of Use, please do not use the Website. We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter portions of these Terms of Use at any time. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on the Website. Please check these Terms of Use periodically for changes. Your continued use of the Website following the posting of such changes constitutes your affirmative acceptance of such changes.

 

1. Website Use.
As a condition of your use of the Website, you represent and warrant that (a) you are at least 18 years of age and possess the legal authority to create a binding obligation; (b) you will use the Website subject to and in accordance with these Terms of Use; (c) you will only use the Website for personal enjoyment for yourself and other persons for whom you are legally authorized to act; (d) all information which you have supplied to Operator is true, accurate, current and complete; and (e) our representatives may offer products and services to you via email, telephone or mail and you consent and agree to receive such offers. We retain the right at our sole discretion to deny access to anyone to the Website and the opportunities, services, benefits and privileges we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

 

2. Prohibited Activities.
The content and information on the Website (including, but not limited to, price and availability of Zen direct Ltd® opportunities, services, benefits and privileges made available by Operator), as well as the infrastructure used to provide such content and information, is proprietary to us or our agents, representatives and vendors. While you may make limited copies of Zen direct Ltd® documents and materials specifically provided by us to you on the Website in accordance with the section entitled "Limited License" below, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website. In addition, you agree not to (a) use the Website or its contents for any commercial purpose; (b) access, monitor or copy any content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (d) take any action that imposes, or may impose (in our sole and absolute discretion), an unreasonable or disproportionately large load on our infrastructure; (e) establish any links or deep-links to any portion of the Website, or "mirror," "frame" or otherwise incorporate any part of the Website into any other website (excepting that you may engage in customary "tagging," "like-ing" and linking in respect to any social media webpages created by Operator from and relating to your personal webpage created on such social media website, subject to the terms of use thereof), without our prior written authorization.

 

3. Membership Subscription
(1). Users may register with a valid e-mail address or a third-party account (e.g. Facebook, Google+) (as applicable, the “Provided Address”) for a free guest membership. For this purpose, the User must submit additional his/her first name and family name, country and state/province of residence and choose a password. During registration, Users must declare their consent to the application of these Terms and Conditions. By clicking on the "Sign up" button or - if registration is done via a third-party account - on the button "Sign up with Facebook" or "Sign up with Google", the User submits a request for membership with iZen direct Ltd. Following this, the User receives an e-mail confirming registration as a “Guest Member.” This constitutes the acceptance of the User's offer by iZen direct, and a Membership Agreement with Zen direct Ltd will then be completed. The text of the Membership Agreement will be sent to the User in the confirmation e-mail. This registration gives the User a guest membership (iZen Starter).
(2). The User also has the option of buying a fee-based membership (Zen Club or Zen Plus). For this purpose, he/she must select the desired term of membership type and enter the invoice address and the preferred payment method. Entry errors can be detected on the last page of the order and can be corrected by entering new data. By clicking on the button "order now", the User issues a binding offer for the conclusion of a paid membership subscription with iZen direct Ltd. Following this, the User receives an e-mail confirming the order. This constitutes the acceptance of the User's offer by iZen direct, and the paid membership subscription with iZen direct Ltd will then be completed. The text of the paid membership subscription will be sent to the User in the confirmation e-mail.

 

4. Membership/Cancelation Policy
(1). Term; The membership term is 12 months. Membership shall automatically be extended by consecutive one year terms, unless the Member gives notice of termination at least thirty (30) days in advance of the end of the term. Notice of termination may, inter alia, be given via the member account.
(2). Delivery Policy; Once a payment has been confirmed, iZen direct will send you a confirmation email with details of your membership, this constitutes delivery of the product. You will have immediate access to our member’s platform via a password, allowing you to use iZen services proportionate to your membership level.
(3). Refund / Cancelation Policy; Membership cancellations will be accepted within the first 14 days of membership purchase as long as no services or purchase transactions have taken place with that membership account within that period. A membership that is cancelled within 14 days of order will receive a full refund of the payment made. If a member cancels after the 14-day period and has used any iZen services or products, they are liable for the full term of membership (12 months) and will be liable for the term. I.e. if a 12-month membership has been paid by one instalment, no refund will be due the member, and if the member is paying by 12 monthly instalments, the remaining instalments due to iZen direct will still be collected, until the 12th & final monthly instalments has been paid to iZen direct.
(4). Other; iZen direct shall have the right to give ordinary notice of termination not less than thirty (30) days prior to the end of the membership term, in text form (e.g. by e-mail, letter). This shall not affect the right to block an account or to extraordinarily terminate the membership pursuant to clause 7 hereof.
Should iZen direct terminate a membership, the Member may not re-register, and may no longer use iZen directs services.
Prior to a Member’s upgrading his or her membership to increase his or her allotment of transactions by payment of the then-current and applicable upgrade fee, which is the next level of membership. The remaining term of a Member’s lower-tiered membership will be credited against the upgrade fee.

 

5. Payment.
(1). The membership fee is due for payment upon the conclusion of the membership offer, and can be paid by monthly instalments or a one-off payment for the entirety of the membership. In the event of an automatic extension of membership, the corresponding membership fee shall be due for payment when the extension period commences.
(2). The Member may either pay via PayPal, credit card or bank transfer.

 

6. Limited License.
You should assume that everything that you read or see on the Website is copyrighted or otherwise protected and owned by Operator or some third party who licensed to Operator the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Website may be copied or used without the prior written approval of Operator. We grant you permission to print individual pages from the Website, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating or purchasing the opportunities, services, benefits and privileges made available by Operator. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not (a) use the materials for any commercial purpose or for any public display (commercial or non-commercial), (b) remove any copyright or other proprietary notations from the materials; and (c) transfer or post the materials. The permissions granted hereunder shall automatically terminate if you violate any of these restrictions and may be terminated or modified by Operator at any time.

 

7. Website "As Is".
We do not represent or warrant that you will have continuous or uninterrupted access to the Website or that of the functions of the Website will be error free. The Website is provided to you "as is" and "as available," and Operator and its service providers make no representation or warranty relating to the Website, including, without limitation, its performance, availability, content, or functions. Your sole remedy for any failure or non-performance of the Website shall be for us to use commercially reasonable efforts to perform an adjustment or repair of the Website.

 

8. Software Available on Website.
Any software that is made available to download from the Website ("Software") is the copyrighted work of Operator and its service providers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on the Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using the Website in accordance with these terms and conditions and for no other purpose. All Software contained on the Website, is owned by Operator and/or our respective service providers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. without limiting the foregoing, the copy or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. the software is warranted, if at all, only according to the terms of any applicable license agreement.

 

9. Additional Copyright and Trademark Notices.
All contents of the Website are © 2016 Zen direct Ltd. All rights reserved. Operator is not responsible for content on websites operated by parties other than Operator. Zen direct Ltd®, and all Zen direct Ltd® marks and logos are either registered or unregistered trademarks of Operator in the U.K. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Operator will seek to avail itself of the protections under the Digital Millennium Copyright Act when applicable. Operator reserves the right to remove any content on the Website which allegedly infringes another person's copyright or other intellectual property rights. Notices to Operator regarding any alleged copyright or other infringement on the Website should be directed to Zen direct Ltd; Attn.: Legal Department at [email protected] If you are aware of an infringement of our brand, please let us know by e-mailing us at izendirect.com. No license or right is granted by implication, estoppel or any other means to use any trademark appearing on the Website. Operator vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur in preventing the misuse or misappropriation of its property.

 

10. Reviews, Comments and Submissions.
You agree not to upload, post or otherwise submit or cause to be submitted content to the Website absent Operator's providing an express, readily accessible posting forum on the Website, such as a "comments" or "feedback" webpage or a "wall" or similar mechanism on a social media webpage created by Operator. In the event that we do provide you the opportunity to upload, post or otherwise submit content to the Website, please be aware that by submitting content to the Website by email, posting or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Operator a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; (b) use the name that you submit in connection with such Submission; and (c) provide attribution of your Submissions (for example, listing your name and hometown) at our discretion. You further grant Operator the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these Terms of Use. If you upload, post or otherwise submit any Submissions, you represent to us that you have all the necessary legal rights to upload, post or otherwise submit the content thereof and grant to Operator the rights in respect to such Submissions as set forth herein, and that neither the Submission not the use thereof by Operator will violate any law or the rights of any person. You acknowledge and agree that any and all Submissions are non-confidential and non-proprietary. We have no obligation to post your Submissions or desired Submissions and we reserve the right in our absolute discretion to determine which Submissions are published on the Website. You are fully responsible for the content of your Submissions and we take no responsibility and assume no liability for any Submissions. You are prohibited from posting or transmitting to or from the Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for, and agree to indemnify and hold Operator and its employees and agents harmless from, any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of any Submission. You acknowledge that Operator may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. Notwithstanding our right to monitor or remove any Submissions, we do not endorse any Submissions made by you or any other person which have not removed.

 

11. Links or Pointers to Other Websites.
Operator makes no representations about any other website that you may access through our Website. When you access a non-Zen direct Ltd® website, please understand that it is independent from us, and that we have no control over the content thereon. In addition, a hyperlink to a non-Zen direct Ltd® website does not mean that we endorse or accept any responsibility for the content or use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. Access to any third party website linked to our Website is entirely at your own risk.

 

12. Operator.
The operator of iZen direct Ltd® is, a UK registered Limited Company, Operator and its authorised agents, representatives, vendors, successors or assigns may perform Operator's obligations and exercise its rights hereunder.

 

13. Electronic Signature Consent.
(a) Consent. Operator requires that, except as otherwise provided herein, all of our written communications to you be conducted by electronic means. By accessing and using the Website, you affirmatively consent and agree (initially and on an ongoing basis) that we may electronically provide to you these Terms of Use and all other disclosures, agreements, contracts, rules and regulations and other receipts, modifications, amendments and all other documents relating to your use of the Website (collectively, "Electronic Records"). All Electronic Records may be delivered to your Provided Email Address (as defined below) or we may post such Electronic Records on our Website. We reserve the right to send any or all records to you in paper form to your current postal mailing address in our file, as applicable. Electronic notices shall have the same effect as if sent to you in paper form.

(b) Scope and Withdrawal of Consent. Your consent to receive communications electronically, and our agreement to do so, applies to all Electronic Records. Your consent also permits the general use of electronic signatures in connection with your use of the Website and any opportunities, services, benefits and privileges made available by Operator, and you agree to be bound whenever you click on an "Agree", "Accept" or similar button on the Website, at which time a valid, binding and enforceable electronic contract will be formed. Operator is an Internet-based service provider; therefore; the withdrawal of your consent to electronically do business with us may result in the termination of any opportunity you may have to receive any opportunities, services, benefits and privileges made available by Operator. Withdrawal will not affect the legal validity and enforceability of prior Electronic Records.

(c) Paper Copy. You have a right to receive a paper copy of these Terms of Use and any other Electronic Records if applicable law specifically requires us to provide such documentation. Paper copies will be provided to you at no charge within thirty (30) days of receipt of the written request.

(d) Equipment and Software Requirements. To receive Electronic Records and to access our Website, you need to have a computer with (i) access to the Website, (ii) an active email account at the Provided Email Address, (iii) Microsoft Internet Explorer 7.0 or higher or Google Chrome, Mozilla Firefox or Safari, and (iv) Adobe Acrobat Reader™ 7.0 or higher. By accessing the Website, you represent that you have such equipment and software and that you are able to download, access, read, review, print and store the Electronic Records we provide to you. We will update these Terms of Use in the event that we change hardware or software requirements, which will materially affect your ability to access any Electronic Records.

(e) E-mail Communication. Your "Provided Email Address" is any email address that you provide to Operator or any substitute therefor. You acknowledge and agree that the Internet is inherently insecure, and that we have no liability to you for any loss, claim or damage arising or in any way related to our response(s) to any e-mail or other electronic communication that we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication. We may respond to an e-mail communication provided by you to either the address provided with the communication or the Provided Email Address. Any e-mail returned to us undelivered may be re-sent to you at any other e-mail address that we have in your file, unless you have previously informed us through electronic or written notice that an e-mail address is no longer valid. Although we have no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us in the event that a communication cannot be authenticated to our satisfaction.

 

14. Privacy and Your Account.
We believe in protecting your privacy. Personal information that you provide to us is subject to our < Privacy Policy>, which also governs your use of the Website. If you have registered on the Website and selected a username and/or password, you are prohibited from sharing your password with anyone except that Zen direct Ltd® members shall be permitted to share such username and password with co-members. You must notify Operator immediately if your password becomes compromised. You are fully liable for (i) all of your activities or omissions in connection with the Website and (ii) all activities on the Website originating from your username and password, including unauthorized use.

 

15. Limitation of Liability; Disclaimer; Indemnification.
Your use and browsing of the Website and the materials set forth thereon are at your risk. If you are dissatisfied with the Website or any materials provided thereon, or with these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website. In no event will Operator or its members, managers, officers, directors, employees, parent company, subsidiaries, affiliates, agents or third party service providers and property owners (the "Indemnitees") be liable for, and you hereby release the Indemnitees from and waive all claims whatsoever for (a) any consequential, indirect, incidental, special, or punitive damages, under any legal theory including, but not limited to, breach of contract or negligence; and (b) any damages, losses, penalties, expenses or costs resulting from any act or omission of any other individual or entity in connection with your use of the Website and any liability of such persons in connection with any claim or action arising out of or in connection with your use of, or inability to use, the Website or the materials located thereon shall be limited to reimbursement of amounts which you have paid to Operator. Operator has used reasonable efforts in collecting, preparing and providing quality information and materials, but does not warrant or guarantee the accuracy, completeness or adequacy of the information contained in or linked to the Website. Users of information from the Website or links do so at their own risk. We assume no liability or responsibility for any errors or omissions in the content of the Website. While Operator may make changes to the information on the Website or to any of the opportunities, services, benefits and privileges offered by Operator at any time without notice, Operator makes no commitment to update any information on the Website. You agree to indemnify and hold the Indemnitees forever harmless from any and all loss, cost, claim, injury, damage or liability (including reasonable attorney's fees) sustained or incurred resulting from your breach of these Terms of Use, your use of the Website, any fraud committed by you, any violation of laws or rights of a third party by you, unless the same results from the gross negligence or wilful misconduct of any of the Indemnitees. We reserve the right, at your expense, to assume the exclusive defence of any matter subject to indemnification by you, and you agree to cooperate with us in such defence.

 

16. Choice of Law; Jurisdiction; Venue.
The Website is operated by a U.K. entity headquartered in London and these Terms of Use and your use of the Website shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to these Terms of Use and/or your use of the Website may only be brought in a court of competent jurisdiction in the UK, Scotland, Wales, and Northern Ireland and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto. In any action arising under, out of, in connection with or in relation to these Terms of Use and/or your use of the Website, the prevailing party will be entitled to costs and attorney's fees. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

 

17. General.
You agree that no joint venture, partnership, or employment relationship exists between you and Operator as a result of these Terms of Use or your use of the Website. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to these Terms of Use or your access or use of the Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. In the event that portion of or any specific terms of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired, and such provisions shall be limited or eliminated to the minimum extent necessary so these Terms of Use shall otherwise remain in full force and effect. Our failure or delay in enforcing any provision of these Terms of Use at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. These Terms of Use (and any other terms and conditions referenced herein, including, in the case of Zen direct Ltd® members, all Zen direct Ltd® documents) constitutes the entire agreement between you and Operator with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Operator with respect to the Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned on the Website are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

 

18. Zen direct Ltd Members.
If you are an iZen direct® member, these Terms of Use shall be considered a Zen direct Ltd® Document as referenced in your iZen direct® Membership Terms and Conditions. In the event of any conflict between these Terms of Use and your Zen direct Ltd® Membership Terms and Conditions, the terms of Zen direct Ltd® Membership Terms and Conditions shall control. By way of example and notwithstanding the language of the above section entitled "Choice of Law; Jurisdiction; Venue" to the contrary, all Zen direct Ltd® members shall be subject to the choice of law and jurisdiction/venue/arbitration provisions set forth in the Zen direct Ltd® Membership Terms and Conditions.

 

19. Cookies and how we use them.
Cookies are small files which are sent to your browser (for example Internet Explorer or Netscape) and stored on your computer's hard disk. They only identify your computer and not you personally.
Cookies help speed up the booking process so that you do not need to re-type the same information again and again. We use cookies to measure site usage such as entry and exit points of visitors, how many people visit a certain section or page and details of searches performed and related information. If you are making a purchase, we will also use cookies to keep track of the transaction from one page to the next. Other than this, we do not store your password or any other information in the cookie, or use it for any other purpose.

 

20. Security of online payments.
“We do not store credit card details nor do we share customer details with any 3rd parties” - As soon as you make a booking, you will be viewing secure website pages. Our secure server software encrypts your credit/debit card information so your transactions are private and protected as they travel over the Internet. A secure server means that using a credit/debit card on the internet is safer than giving out your card details over the phone. Our card providers will process your credit/debit card payment.
If you do have a problem, despite the above security measures, your card issuer and izendirect.com will assist you as necessary.


©Copyright 2016 Zen direct Ltd. All rights reserved.

 

Phone Number+44 208 1239890

Email Address[email protected]

Location Address35-37 Ludgate Hill, London, EC4M 7JN, UK

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