Terms of service
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE ("TERMS" OR "AGREEMENT") BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 14 and 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of our website, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the "Website"), which are owned and maintained by Zenessa ("Zenessa," "we," "our," "us"), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
- WEBSITE USE
- PRIVACY & SECURITY DISCLOSURE
- GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
- PRODUCTS SOLD FOR PERSONAL USE ONLY
- NO MEDICAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
- MODIFICATIONS TO THE WEBSITE AND PRICES
- PAYMENT
- ORDER PLACEMENT AND ACCEPTANCE
- SUBSCRIPTIONS, AUTOMATIC PAYMENT, AND CANCELLATION
- SHIPPING
- DELIVERY CONFIRMATION
- RETURNS AND REFUNDS
- SOCIAL MEDIA
- DISCLAIMER OF WARRANTIES
- DISCLAIMER OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- INDEMNIFICATION
- THIRD-PARTY WEBSITES AND LINKS
- TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
- ELECTRONIC COMMUNICATIONS
- ASSIGNMENT
- NO WAIVER
- SEVERABILITY
- TERMINATION
- ENTIRE AGREEMENT
- QUESTIONS OR ADDITIONAL INFORMATION
TERMS OF SALE
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
Zenessa reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms of Sale; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Zenessa's rights or interests; or (4) for any or no reason whatsoever without prior notice to you.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You agree that any products or services you purchase from Zenessa on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. NO MEDICAL ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for seeking advice from a qualified healthcare provider. The statements made on this Website have not been evaluated by the Food and Drug Administration or the Environmental Protection Agency. You should consult your healthcare provider before using any information provided by Zenessa.
While we endeavor to provide accurate and current information on our Website, there may be information that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice.
Zenessa does not make any guarantee that your pets will accomplish their health and wellness goals. Their results may vary depending upon a variety of factors unique to them, such as age, health, and genetics.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
7. PAYMENT
All charges are in U.S. Dollars.
By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) sufficient funds exist to pay us the amount(s) due.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment.
9. SUBSCRIPTIONS, AUTOMATIC PAYMENT, AND CANCELLATION
When visiting the Website, you may have the option of purchasing a product one time or enrolling in Zenessa's subscription plan where the payment card you provide at the time of enrollment is automatically charged each month unless and until you cancel. If you enroll in the Zenessa subscription plan, the payment card you provided will be billed and the product shipped every 30 days, or other interval selected, from the date of your initial enrollment unless you cancel.
If you wish to cancel your subscription, you may do so at any time; however, you must cancel your subscription 24 hours prior to the shipment of your next scheduled order. To cancel your subscription, simply email us at zenessaofficial@gmail.com.
IF YOU ARE ENROLLED IN THE ZENESSA SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT AND BILLED TO THE PAYMENT METHOD YOU PROVIDED AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE ZENESSA SUBSCRIPTION PROGRAM, YOU MAY DO SO AT ANY TIME BY EMAILING ZENESSAOFFICIAL@GMAIL.COM.
10. SHIPPING
Zenessa ships to addresses located in the United States and other countries. Delivery time for international orders varies based on location.
Accurate shipping address and phone number are required. We are not responsible for late or missing shipments if you enter incorrect shipping address information. If you discover a mistake with your order after submission, please contact Customer Support at zenessaofficial@gmail.com immediately.
11. DELIVERY CONFIRMATION
You agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature.
12. RETURNS AND REFUNDS
Zenessa wants you to be satisfied with your experience. If you receive the wrong item or if it arrives damaged or defective, or if you are unhappy with your order within 30 days of receipt, please contact us at zenessaofficial@gmail.com for information about how to return or exchange a product or request a refund.
The following are nonrefundable: (1) Items marked "final sale" or "nonreturnable," (2) shipping fees, (3) expedited shipping fees, (4) package loss warranty, (5) priority order processing fees, and (6) gift cards or orders placed using gift cards.
After the shipping department receives your return, it generally takes ten business days to process your refund.
13. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence. The sites and platforms that host our Social Media Presence are not controlled by us and have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Zenessa.
14. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.
15. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL ZENESSA OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCT. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, ZENESSA IS FOUND LIABLE UNDER ANY THEORY, ZENESSA'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.
16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, ZENESSA'S PRIVACY POLICY OR TERMS OF SALE, ZENESSA'S ADVERTISING OR MARKETING PRACTICES, OR ZENESSA'S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH ZENESSA'S WEBSITE BY SENDING A LETTER TO ZENESSA STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION. Contact us at: zenessaofficial@gmail.com.
17. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Zenessa, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including reasonable attorneys' fees, arising out of or related to (1) your breach of these Terms; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third party.
18. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third parties or links to third-party websites. We are not liable for any third-party materials or websites.
19. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Zenessa welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary. Zenessa shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, transmit, adapt, and create derivative works from such Submissions. These testimonials do not represent the generally expected user experience.
20. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
For notifications of claimed infringement regarding materials posted to this Website, please contact:
Zenessa Email: zenessaofficial@gmail.com
The audio and video materials, images, photographs, articles, opinions, and other content associated with the Website (the "Content") are owned or licensed by and to Zenessa and are protected by intellectual property, copyright, trademark, trade dress and other laws. You must comply with all such laws and applicable legal notices or restrictions.
21. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing.
22. ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Zenessa and its affiliates may transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Zenessa's business is transferred to another entity.
23. NO WAIVER
No waiver by Zenessa of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition.
24. SEVERABILITY
In the event that any provision of these Terms 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.
25. TERMINATION
In the event that we terminate this Agreement, Sections 2–5, 13–17, 19–26, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
26. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and Zenessa, and supersede and replace any prior or contemporaneous agreements.
27. QUESTIONS OR ADDITIONAL INFORMATION
Please contact Customer Support if you have any questions concerning your purchase.
Zenessa Email: zenessaofficial@gmail.com