Terms of Service

Terms of Service for Zen & Spirit

Last Updated: [2023-11-05]

1. Introduction and Acceptance of Terms

Welcome to Zen & Spirit! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Zen & Spirit ("we," "us," or "our"), governing your access to and use of the Zen & Spirit website, including all subdomains and any related mobile applications, collectively referred to as the "Site," and all content, features, and services offered on or through the Site (collectively, the "Services").

By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, and others who access the Site or Services. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Site or Services.

2. Modification of Terms

Zen & Spirit reserves the right, at our sole discretion, to modify, revise, update, or change these Terms at any time. We will post the updated Terms on this page and will revise the “Last Updated” date at the top of this document. Your continued access to or use of the Site or Services following the posting of any changes constitutes acceptance of those changes. It is your responsibility to regularly check this page to ensure that you are familiar with the current version of the Terms. We may also, at our discretion, provide notice of changes through other reasonable means, such as email.

3. Eligibility and Account Registration

  • Eligibility: The Site and Services are intended for use by individuals who are at least the age of majority in their jurisdiction (typically 18 years old). By using the Site or Services, you represent and warrant that you are of legal age to form a binding contract and that you have the legal capacity to enter into these Terms. If you are using the Site or Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

  • Account Creation: To access certain features of the Site or Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

  • Account Responsibility: You are responsible for maintaining the confidentiality of your account login credentials, including your username and password. You agree to notify Zen & Spirit immediately of any unauthorized use of your account or any other breach of security. You are fully responsible for all activities that occur under your account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to protect your account login credentials.

4. Permitted and Prohibited Uses

  • Permitted Use: Subject to your compliance with these Terms, Zen & Spirit grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial use. You may not use the Site or Services for any commercial purpose without our prior written consent.

  • Prohibited Uses: You agree not to use the Site or Services in any of the following ways:

    • Violation of Laws: In any way that violates any applicable federal, state, local, or international law, regulation, or ordinance.

    • Harmful Conduct: In any way that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

    • Impersonation: To impersonate or attempt to impersonate Zen & Spirit, an employee of Zen & Spirit, another user, or any other person or entity.

    • Unlawful Access: To attempt to gain unauthorized access to the Site or Services, other user’s accounts, computer systems, or networks connected to the Site or Services.

    • Interference: To interfere with or disrupt the operation of the Site or Services, servers, or networks connected to the Site or Services, or to disobey any requirements, procedures, policies, or regulations of networks connected to the Site or Services.

    • Malware: To transmit or distribute viruses, malware, worms, Trojan horses, logic bombs, or any other technologically harmful material through the Site or Services.

    • Data Mining: To use any robot, spider, scraper, or other automated means to access the Site or Services for any purpose without our express written consent.

    • Commercial Use: To use the Site or Services, or any content contained therein, for any commercial purpose, including but not limited to advertising or marketing, without our express written consent.

    • Reverse Engineering: To reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Site or Services.

    • Circumvent Security: To attempt to circumvent any security measures or technological protection measures used to protect the Site or Services.

    • Intellectual Property Infringement: To infringe upon any intellectual property rights of Zen & Spirit or any third party.

    • Use for Illegal Purposes: To use the Site or Services to promote, solicit, or engage in any illegal activities.

5. Products, Services, and Orders

  • Product Descriptions: Zen & Spirit strives to provide accurate, complete, and current information about our products and services. However, we do not warrant that all product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. Colors and appearances of products may vary based on your display settings and monitor.

  • Pricing: Prices for products and services are subject to change without notice. We reserve the right to modify or discontinue any product or service at any time. In the event that a product or service is listed at an incorrect price due to error, we reserve the right to refuse or cancel any orders placed for the product or service at the incorrect price.

  • Order Acceptance: All orders placed through the Site are subject to acceptance by Zen & Spirit. We reserve the right to refuse or cancel any order for any reason, including but not limited to, product unavailability, errors in pricing, or suspicion of fraud. If we cancel an order after you've been charged, we will issue a refund.

  • Payment Processing: You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred. We accept various forms of payment, as indicated on the Site. You represent and warrant that you have the right to use any payment method you use to purchase our products or services.

  • Shipping and Delivery: We aim to process and ship orders promptly; however, shipping and delivery times are estimates only and are not guaranteed. Zen & Spirit is not liable for any delays in shipping or delivery caused by third-party shipping carriers, customs, or other factors beyond our control.

  • International Orders: For international orders, you are responsible for any customs duties, taxes, or other fees imposed by your country's government. Zen & Spirit is not responsible for any delays or issues arising from customs procedures.

6. Spiritual and Cultural Considerations

Zen & Spirit offers products and content inspired by various spiritual and cultural traditions, including Feng Shui, Tibetan practices, Buddhist philosophies, and other esoteric teachings. Please be mindful of the following:

  • Interpretation and Beliefs: The meaning and interpretations associated with our products and content can vary based on your personal beliefs, cultural background, and individual spiritual journey. Our products are intended to support your journey, not dictate it.

  • Not Medical Advice: Our products and services are not intended to diagnose, treat, cure, or prevent any disease, medical condition, or psychological condition. They are not a substitute for professional medical advice, therapy, or counseling. If you have a medical or psychological concern, seek guidance from a qualified healthcare professional.

  • Personal Responsibility: You are solely responsible for your own spiritual practices and beliefs. Zen & Spirit does not make any guarantees about the spiritual effectiveness of our products or services, nor can we be held liable for the outcomes of your personal practices.

7. User-Generated Content

  • Responsibility: You are solely responsible for all content that you post, upload, transmit, or otherwise make available through the Site, including but not limited to reviews, comments, images, and text (“User Content”).

  • Ownership and License: You retain ownership of any intellectual property rights that you hold in your User Content. However, by posting User Content, you grant Zen & Spirit a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display the User Content, in whole or in part, in any media formats and through any media channels, for any purpose, including commercial purposes.

  • Prohibited Content: You agree not to post User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. User Content must also not infringe on any intellectual property rights of third parties.

  • Moderation: We reserve the right, but not the obligation, to monitor, screen, edit, or remove any User Content at our sole discretion, without notice. We may also disclose User Content if required to do so by law, court order, or governmental authorities.

  • No Obligation to Use User Content: We are under no obligation to use any User Content, and we may remove any User Content at our sole discretion.

8. Intellectual Property Rights

  • Ownership: The Site and Services, including all content, graphics, logos, designs, trademarks, service marks, trade names, software, and other materials, are the property of Zen & Spirit or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

  • Limited License: Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any content from the Site or Services without our express written consent.

  • Trademarks: The Zen & Spirit name, logo, and all related marks are the trademarks and service marks of Zen & Spirit. You may not use these marks without our express written permission.

9. Third-Party Links and Content

The Site may contain links to third-party websites or resources that are not owned or controlled by Zen & Spirit. We are not responsible for the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that Zen & Spirit is not 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 content, goods, or services available on or through any third-party websites or resources.

10. Disclaimer of Warranties

THE SITE, SERVICES, AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ZEN & SPIRIT DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICES, OR CONTENT. YOU USE THE SITE, SERVICES, AND CONTENT AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZEN & SPIRIT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE, SERVICES, OR CONTENT, OR YOUR INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESS TO THE SITE OR SERVICES.

12. Indemnification

You agree to indemnify, defend, and hold harmless Zen & Spirit, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your access to or use of the Site, Services, or content, your violation of these Terms, or your violation of any rights of any third party.

13. Governing Law and Dispute Resolution

These Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms, your access to, or use of the Site or Services, shall be exclusively resolved in the state or federal courts located in [Your City/State/Country]. You consent to the jurisdiction and venue of such courts.

14. Termination

Zen & Spirit may, at its sole discretion, terminate your access to the Site and Services, with or without cause, and with or without notice. Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms that, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Zen & Spirit concerning your access to and use of the Site and Services, and they supersede all prior and contemporaneous agreements and understandings, whether written or oral.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

17. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Zen & Spirit's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

support@zenspirit.shop

By using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.