We are ZEEND.COM INC. (“Zeend”) and this website is hosted by GoDaddy ("Site") at Zeend.com. Throughout the Site, the terms "we", "us" and "our" refer to Zeend. Zeend offers this website, including, without any limitation, applications and any related services including notifications, electronic mails (collectively, the "Services") and any information, data, or other content or materials appearing or otherwise made accessible on or through the Services (collectively, the "Content") from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your sole responsibility to check these Terms of Service regularly for changes. If you do not agree to the amended Terms of Service, please do not access or use our Site, Services and/or Content. Your continued use of or access to our Site, Services and/or Content following the posting of any amended Terms of Service constitutes acceptance of those Terms of Service.
Our Services are hosted on Go Daddy Virtual Private Server. They provide us with the online e-commerce platform that enables us to accept Merchant registration and provide the Services to you. You consent to having your personal information, including your User Content, transferred or processed by Go Daddy Virtual Private Server. You also acknowledge that your purchase of and access to and use of the Services and the Content may be subject to local and international laws applicable to Go Daddy Virtual Private Server, and it shall be your sole responsibility to ensure that you purchase, access or use the Services and the Content only in compliance with such applicable laws.
We do not warrant that the materials on the Site are appropriate or available for use in locations outside the Philippines. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
You represent and warrant that if you are registering for the Services as an individual, you are at least eighteen (18) years old, and if you are registering as a Merchant, that you are authorized to enter into and bind the entity to these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity.
Your access and use of the Services shall be at your own discretion and risk and you shall be solely responsible for safeguarding and maintaining the confidentiality of your Account, as defined below, including your username and password and all activities in connection with or that occur on or through your Account, as defined below.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
Any alcohol listings on the Site are intended for those who are eighteen (18) years or above, and may only be purchased by those who are eighteen (18) years and above.
While using the Site, you must not transmit including but not limited to, any worms, viruses and/or any code of a destructive nature.
A breach or violation of any of the Terms of Service will result in an immediate termination of the Services without further reference to you.
We reserve the right, at our sole discretion, to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please note that Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible for the accuracy of information on this Site, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You understand that it is your responsibility to monitor any changes to our Site.
We reserve the right, at our sole discretion and at any time to modify or discontinue the Services (or any part or content thereof) without further notice to you.
We shall not be liable to you or to any third-party for any, including but not limited to, modification, price change, suspension or discontinuance of the Services.
Prices are exclusively under the control of the Merchants and any changes or modifications thereof is solely their right and discretion.
To access certain parts of the Site, Services and/or Content, you will be required to register for an account with Zeend ("Account"). In so doing, you will be required to input your e-mail ("Login ID") and password ("Password").
You are solely responsible for safeguarding and maintaining the confidentiality of your Login ID and Password. You agree not to: share or permit others to use your Account or Password; or assign or transfer your Account to any other person or entity.
You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account.
Zeend shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorized use(s) of your Account, loss, theft, or unauthorized disclosure of your Password, please notify us immediately at: email@example.com.
Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by updating your information under My Account. When fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion, without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately: cancel or suspend such Account(s); cancel or invalidate any credits or discount vouchers, rewards or codes awarded to or used by such Account(s); prohibit such Account(s) or persons from participating in any promotions, contests or surveys of Zeend; and/or suspend and/or terminate such Account(s).
All rights, title and interest in and to the Services, including all Content pursuant to the Services remains and/or shall be the copyright or intellectual property of either Zeend or third parties providing the data ("Data Providers") (as the case may be).
You may not use the Site, Services, including all Content, for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our express written consent.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Service and/or Site unless with our express written consent.
We hereby grant you a personal, limited, worldwide, royalty-free, non-assignable, non-transferable, revocable, non-exclusive license (without the right to sub-licence) to use the Site, Services and Content for the sole purpose of enabling you to use and enjoy the benefit of the Services in a manner prescribed by these Terms. Such license is subject to these Terms and does not include the distribution of any Content, modifying or otherwise making any derivative uses of the Site, Services and/or the Content (or any part thereof), the use of any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the Site, Services, Content or information contained therein except as expressly permitted on the Services, and any use of the Site, Services or Content other than for their intended purposes.
We reserve the right to prohibit orders that, in our sole judgment, appear to be .
The prices of the products are are exclusively set by each Merchant and Zeend does not in any way interfere thereof. Zeend endeavors to provide you with accurate and up-to-date product and promotional information. However, we do not guarantee that the images or other product or promotional information provided will be error-free, updated or complete. Zeend shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services.
The price to be paid by you shall be based on the prevailing selling price at the time the Merchant receive your order, which may or may not be correctly reflected on the Site or through our Services.
Payment for all orders shall be made in Philippine pesos.
We accept payment for orders through our services by MasterCard and Visa or Dragonpay.
By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
The products displayed by the Merchants could either be from Zeend catalogue or uploaded by them. We have made every reasonable effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Merchants.
We reserve the right, at our sole discretion, to discontinue any product at any time.
Any offer for any product or Services made on this Site is void when it is prohibited by law.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
In the event that a Merchant fail to deliver the order after a reasonable time, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our Service. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we do not monitor or have any control over whatsoever.
You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We are not liable for, including but not limited to, any loss and/or damage suffered by you whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please ensure that you review the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation, including but not limited to, to: maintain any comments in confidence; pay compensation for any comments; or respond to any comments.
We may, but are under no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
By sending and/or posting your comments, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You agree to not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Occasionally there may be information on our Site, in the Services and/or Content that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Services, Content or on any related website is inaccurate at any time without prior notice to you.
We undertake no obligation to update, amend or clarify information in the Site, Services, Content or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, Services, Content or on any related website should be taken to indicate that all information in the Site, Services, Content or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, Services or Content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any law, local ordinances or regulations; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Site, Services, Content or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Site, Services and/or Content will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our Site, Services and/or Content will be accurate or reliable.
You agree that from time to time we may remove our Site, Services and/or Content for indefinite periods of time or cancel our Site, Services and/or Content at any time, without notice to you.
You agree that your use of, or inability to use, our Site, Services and/or Content is at your own risk. Our Site, Services and/or Content and all products and services delivered to you through our Site, Services and/or Content are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Zeend, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation for any lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall only be limited to the extent permitted by law.
You agree to indemnify, defend and hold harmless Zeend and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services or by notifying us that you no longer wish to use our Services.
If we are of the opinion that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Questions about the Terms of Service may be sent to us at firstname.lastname@example.org.