Welcome to ZenBasket,
Before using our services or products you must read and understand the terms and conditions (Terms of Services). By signing up for ZenBasket Account or using ZenBasket services you agree to follow ZenBasket’s Terms of Services.
Make sure you check for updates on a regular basis. You can view this at https://zenbasket.in/terms-of-service
We mention “Powered by ZenBasket” at the footer of our platform including your website.
In addition to ZenBasket products and services, we provide subscribers access to our proprietary platform subjected to our terms of services. The subscription agreement is between each subscriber (ZenBasket user) and ZenBasket. These terms of services require all disputes between you and ZenBasket to be resolved by BINDING ARBITRATION in accordance with the Indian Arbitration and Conciliation Act, 1996 and the United States Federal Arbitration Act.
Please read them carefully, these will affect your legal rights.
By agreeing to ZenBasket terms of services you have understood that your Materials mean your trademarks, copyright content, product or services you sell including description, price, photos, videos, graphics, content, audio, code, information and other data may be transferred unencrypted or encrypted over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. As a ZenBasket user, you agree not to reproduce, duplicate, manipulate, copy, sell, resell or exploit any portion of our platform. You agree not to access the services or monitor ZenBasket platform information and resources using any robots, spiders, scrapers, in-person, or other automated tools and technologies.
If you do not agree to any of these terms, then please do not use our platforms including the website, app and software. We have full rights to terminate your account if you violate any of these terms.
ZenBasket has the right to update this agreement from time to time with or without notice to you in our sole discretion. If a judicial authority declares any provision of this Agreement void or unenforceable, the remaining parts of the Agreement will remain in full force and effect.
To access and use our Platform (ZenBasket) you must register for an account (ZenBasket user or ZenBasket admin account).
ZenBasket may reject your application or disable/delete an existing account for any reason.
The ZenBasket platforms are available only for individuals aged 18 years or above. If you are 18 or above, but under the age of majority in your jurisdiction, you should carefully review and understand this Agreement with your parent or guardian and make sure they have understood this Terms of Service.
You may not use the platform to sell or purchase alcohol products, any tobacco or nicotine products, cigarettes and e-cigarettes unless you and the recipient meet the minimum age requirements under applicable state or provincial laws.
If you’re willing to sell tobacco and alcoholic products, you have to present your valid photo identification verifying your age at the time of product pick up or receive delivery of your order from others.
We reserve the right to immediately deny or terminate your access to our platform, with or without notice, if we determine, in our sole discretion, that you have violated or attempted to violate this policy.
For the avoidance of doubt, even if you are of legal age to purchase or sell tobacco and other liquor products in your jurisdiction, doing so or attempting to do so through our Platform is expressly prohibited.
During the registration process, we will ask you to create an account, which includes your name, company details, contact number, email and information about your services. Mention the correct email and password that will assist in authenticating your identity for further login. An email with its corresponding password can be used by a single user.
It’s your responsibility to keep your account email and password confidential. You agree to accept responsibility for all activities that occur as a result of accessing your ZenBasket account with your name and password. If you forget your password or deactivate the account you can directly process it from the admin panel.
We reserve the right to refuse service, suspend, or terminate any buyer as we see fit, with or without notice (in our sole judgment).
In the ZenBasket platform, you can post any content including text, graphics, photographs or other information. The information that is posted for communication or another purpose in ZenBasket belongs to the person who posted it. You may use any unique content posted by you without any restriction. But you should use others’ content only in the ways described in these Terms of Service. ZenBasket cannot control all Content posted by third parties to the Platform, inclusive of our user interfaces, and does not guarantee the accuracy, integrity, or quality of such Content.
By using our platform you recognize that you may be exposed to Content that you find offensive, indecent, inaccurate, or objectionable, and ZenBasket will not be accountable for any Content under any circumstances, you agree. Please contact ZenBasket if you have any offensive materials to report. By accessing the website, interfaces, and Platforms you agree to use it, including all features and functionalities associated therewith our website, other user interfaces, and all content and software associated therewith following all applicable laws, rules, and regulations, or other restrictions on the use of the platforms or Content therein.
In addition to acknowledging and agreeing to these terms of service,
As a ZenBasket Merchant, you agree to provide public-facing contact information (Name, Email and Number), policies and order fulfillment timelines on your ZenBasket store. You acknowledge and agree that the platform is not a marketplace and any sales of any product are directly made between you and the customer and do not involve ZenBasket.
You are fully responsible for the creation, operation and maintenance of your ZenBasket store, your goods, services and materials including description, price, fee, tax, charges and more. All aspects of the transaction are processed between you and your customers.
This includes but is not limited to authorizing the charge to customers in respect of customer purchases, returns, refunds or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, and alleged or actual violation of applicable laws.
As a ZenBasket user, you’re considered the Admin. To access any of our platforms you need an internet connection. You can either choose a free or paid subscription based on your needs and our policies. To use our paid platforms, you must have a current valid payment method as indicated during the plan selection process. When you subscribe to our paid platforms, your payment gateway account will be billed according to current ZenBasket plans and prices. If you're willing to upgrade or downgrade the subscription from one paid plan ("Old Plan") to another paid plan ("New Plan"), the payment for the unused portion of the platform from the old plan will be refunded or credited to the wallet. ZenBasket does not provide refunds for platforms.
You agree that ZenBasket may immediately authorize your credit card (or other approved facility) for payment or any order made under your Password (as defined in the accounts and password section). All activities and charges that occur under your Password are your responsibility. You must keep your password strictly confidential, your liability for such charges shall continue after termination of this Agreement. If you have a question about a transaction on your credit card statement, please use the **Contact Us** section of the respective website to contact customer service.
ZenBasket is responsible for the security of cardholder data received from our customers if any. We comply with the most recent version of the Payment Card Industry Data Security Standard (PCI-DSS) and other applicable laws, rules, and regulations to the extent that we store, handle, or transfer cardholder data.
The Admin should not reveal the Payment Method details associated with their bank account (for example, the four-digit of your pin, the card information or others). BY SHARING THE ZENBASKET ACCOUNT PASSWORD OR THE PAYMENT GATEWAY PASSWORD, THE ADMIN AGREES TO BE RESPONSIBLE FOR ENSURING THAT THE PERSONS WITH WHOM THEY SHARE THE PASSWORD COMPLY WITH THE TERMS OF SERVICE, AND SUCH ADMIN SHALL BE RESPONSIBLE FOR THEIR ACTIONS.
Any abuse or threatened abuse of other users of the Platforms or ZenBasket personnel will result in immediate account termination.
PCI Compliance: ZenBasket is responsible for the security of cardholder data received from shop owners and/or Customers, including, without limitation, when ZenBasket uses third-party payment processors to process Orders. When it comes to processing the cardholder’s data, ZenBasket complies with the most current version of the Payment Card Industry Data Security Standard (PCI-DSS) and other applicable laws, rules, and regulations.
ZenBasket integrates with a few third-party services to provide shipping, pickup and delivery methods. Shop owners shall use the features on the Platform that permits shop owners to communicate with Customers regarding their shipment and delivery. As a customer, kindly check the shipping and delivery method on the website of your order.
ZenBasket is not responsible for picking up, transporting, delivering or dealing with your shipment and delivery.
As an admin, you can cancel your paid subscription to the ZenBasket platform at any time. But the amount for the unused period will not be refunded. When you cancel the subscription, the amount will be refunded to your wallet. Your account may get terminated without any notice for inappropriate actions and violations.
In connection with all Orders, the shop owner represents warrants, and covenants to ZenBasket that the shop owner shall pay all applicable sales and other taxes related to all Orders and the processing of such Orders for Customers (excluding any taxes imposed or based on ZenBasket’s income).
ZenBasket may provide the links to External sites, highly referred to as Third-Parties.These links are given merely for your convenience and do not imply that we endorse the material on these External Sites. Others create and provide the content for these External Sites. If you have any issues with the links or material on such External Sites, you should contact the site administrator or webmaster for those External Sites. You further acknowledge and agree that ZenBasket shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, do it at your own risk.
The platform includes an online shopping experience that let your brand reach more customers. We include multiple third-party integrations, in-built functions, automation and more. You can use single or multiple images from our ZenBasket Gallery of your product and we use your product images, content and other information for our business purposes. We reserve the rights in our sole and absolute discretion to make changes to our platform from time to time and without any notice of how and why we operate this. We are constantly updating our platform, and our Terms of Service might often not accurately represent these changes.
For members in certain countries, some of the products can be added to your social media pages from your online store (Created by ZenBasket).
BY CONNECTING YOUR ZENBASKET ACCOUNT TO YOUR SOCIAL MEDIA ACCOUNT, YOU AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS INCLUDING ON SOCIAL MEDIA. IF YOU DON'T WANT INFORMATION ABOUT YOURSELF TO BE SHARED IN THIS MANNER, DO NOT USE THE SOCIAL MEDIA INTEGRATION FEATURES.
You may establish the appearance of your ZenBasket store with in-built themes and templates. You are free to transfer different themes to your store. While changing one theme to another for your online store, if you have any issues or doubts feel free to contact our support team. You are not permitted to transfer or sell a theme, theme section or any portion of our platform to any other person.
You can modify the Theme for your store. ZenBasket may add or modify the footer in a Theme that refers to ZenBasket at its discretion. You should not add any API to customize the store.
By using or accessing ZenBasket, you agree and consent to having your Internet Protocol address, Media Access Control address, and browser details recorded and monitored to prevent abuse, hacking, and other harmful efforts to compromise the security of our platforms. Capturing this data not only improves security but also enables ZenBasket to improve the Buyer experience. We may also utilize this information to troubleshoot customer service concerns, find bugs, and optimize user engagement and navigation on the Site and Seller's online stores, websites, and other online channels. ZenBasket, as a managed service, is constantly striving to enhance and please Buyers. Anyone (Buyers) accessing the ZenBasket Site and consuming “gated” content, whereby you offer your personal information in exchange for ZenBasket content or platforms expressly acknowledges and agrees they are “opting in” to permit ZenBasket to contact them through email, phone, text message or any other form of communications (including auto-responders, dialers and other forms of automated marketing services). Anyone may “opt-out” from ZenBasket communications at any time.
You agree, understand, and accept that the website is an online platform that allows you to sell/buy products mentioned on the website at any time and from any location. You further agree and acknowledge that ZenBasket is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on ZenBasket. Although we encourage you to e-mail us, you should not send us any confidential information. Concerning all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose, including but not limited to developing, producing, and promoting platforms that use such information.
ZenBasket’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the platform, you agree to abide by the following community rules:
information collection or transmission mechanism, software or routine, or gaining access to or attempting to gain access to the platforms.
We reserve the right, in our sole and absolute discretion, to deny you (or any device or IP address) access to the platforms, or any portion of the platforms, without notice.
As between ZenBasket and you, we own and retain all rights, title and interest in and to the platform, services, website, app, content, data and aggregated data including modification, updates, enhancement, adaptation, and improvements made to the same. The subscriber data and proprietary rights therein remain your sole responsibility. ZenBasket may collect, use and disclose any transactional information and performance data related to your use of the platforms for its business purposes provided that such use never reveals your identity or any other confidential information or Personally Identifiable Information(PII) and Sensitive Personally Identifiable Information (SPII).
You are solely responsible for keeping the information you supply us up to date and accurate. You are responsible for maintaining the confidentiality of information about your account and password. When you log in to your account using a public or shared network you should log out at the completion of each visit. If you find that you are a victim of identity theft that involves a ZenBasket account, you must notify us. Then you must report this instance to all your card issuers as well as your local law enforcement agency.
In addition to that, you should be mindful of any communication requesting your credit card information as providing this type of communication request results in identity theft. Always access your sensitive information regarding your ZenBasket account in private. ZenBasket reserves the right to place any account on hold anytime with or without notification.
You should indemnify ZenBasket for damages, costs and fees that ZenBasket incurs from any third party claim that:
You can assume the defense of any third-party claim is reasonably satisfactory to ZenBasket. We may employ our own counsel in any such case and pay counsel fee expenses. You have the right to settle any claim for which indemnification is available. THE PARTIES DISCLAIM ANY with some other for disputes). IMPLIED NON-INFRINGEMENT WARRANTY AND RELY ON THE TERMS OF THIS SECTION INSTEAD.
From time to time, we test our product in various aspects, including our website, interfaces, service levels, plans, promotions, features, delivery, pricing and integrations. We (ZenBasket) reserve the right to include or exclude you from these tests with or without notice.
By agreeing to our terms of service you acknowledge and agree that any arbitration or process between us and you will be limited to the dispute between us in accordance with the Indian Arbitration and Conciliation Act, 1996 and the United States Federal Arbitration Act. To the extent permitted by law,
If any section of the Terms is determined to be defective by a court of competent jurisdiction, the parties agree that the court should strive to give effect to the parties' intentions as closely as possible.
Here you agree that you may bring claims against us including our website, product, services, platform or brand in your own capacity and not as a class member in any purported class or representative proceeding.
You and ZenBasket agree that any dispute, claim or controversy arising out of or relating in any way to the platforms, including our website, user interfaces, these Terms of Service, and **this Arbitration Agreement shall be determined by binding arbitration in Washington County, Oregon, instead of in courts of general jurisdiction**. Arbitration is less formal than a judicial proceeding. Arbitration, rather than a judge or jury, uses a neutral arbitrator, allows for more limited discovery than in court, and is subject to extremely limited judicial review. Arbitrators have the same power to award damages and relief as a court. If a dispute arises out of or relates to this Agreement, the Services, or any other platform we provide (each, an "Issue"), either party may elect to resolve the dispute via binding arbitration governed by the Federal Arbitration Act ("FAA"), Arbitration and Conciliation Act, 1996. By agreeing to these Terms of Service, you acknowledge that the United States Federal Arbitration Act and the Indian Arbitration and Conciliation Act, 1996 govern the interpretation and enforcement of this section and that you have read and understood it. This arbitration provision shall survive the termination of this Agreement and the termination of your ZenBasket membership. YOU AND ZENBASKET AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH A CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION MAY ALSO LIMIT DISCOVERY AND APPEAL RIGHTS. Further, unless both you and ZenBasket agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this particular provision is judged to be unenforceable, the entire arbitration clause will be null and void. Only the particular party requesting remedy may receive declaratory or injunctive relief, and only to the degree necessary to give relief merited by that party's claim. The parties may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we have the right to file an injunction in any court with jurisdiction.
THE WEBSITE AND OUR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ZENBASKET DOES NOT MAKE ANY WARRANTIES CONCERNING THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. ZENBASKET EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COUR
(I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST PROFITS IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS:
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, AND (II) ANY DIRECT DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT ARE LIMITED TO ONE HUNDRED DOLLARS ($100). IN SOME JURISDICTIONS, THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED. AS A RESULT, SOME OF THE ABOVE WARRANTY LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OMISSIONS MAY BE FOUND ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY OF THE WEBSITE'S TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS. WE RESERVE THE RIGHT, WITHOUT NOTICE, TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE.
With respect to these Terms of Service, you agreed that:
It is the policy of ZenBasket to respect the Intellectual property rights of others. ZenBasket does not condone the unauthorized distribution of copyrighted content. If you believe your work has been reproduced in a way that constitutes copyright infringement or any infringing material available through the platforms please contact us.
If you need any assistance regarding your account, you may find a solution in the support section. You can also reach us with customer service questions via contact us.