Terms of Service

This Terms of Use document (“Terms”) is an electronic record under the Information Technology Act, 2000 and the rules made thereunder, including any statutory amendments or re-enactments thereof. It is published in compliance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates the publication of rules, regulations, privacy policy, and terms of use for access or usage of a website or digital platform.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms govern your use of and access to the website located at https://thezensage.com/ (“Website”), which is operated by The Zensage, a partnership firm constituted under the Indian Partnership Act, 1932, having its principal place of business at L2, Shiv Shakti Shopping Complex, Ghod Dod Road, near Shri Mahakal Bhairav Temple, Ram Chowk, Athwa, Surat, Gujarat – 395001 (hereinafter referred to as the “Firm”, “we”, “us” or “our”).

The Firm is engaged in the business of ideation, development, manufacturing, marketing, sale, and distribution of anime-style inspired apparel and merchandise (collectively referred to as the “Products”) through its proprietary digital platform, and such other allied services as may be offered from time to time via the Website (“Services”).

These Terms constitute a legally binding agreement between you, as a user of the Website (hereinafter referred to as “you” or “User”) and the Firm. By accessing, using, registering with, or placing an order on the Website, you agree to be bound by these Terms, as well as any applicable policies and notices that are incorporated by reference.

The Firm reserves the right, at its sole discretion, to modify, amend, revise, add or remove portions of these Terms at any time without prior individual notice. However, such modifications shall be notified via a prominent display on the Website and/or by email at least once annually or upon material revision. Continued use of the Website after such changes shall be deemed as your unequivocal acceptance of the revised Terms.

If you do not agree to these Terms, or any part thereof, you are advised not to use or access the Website or avail any Services offered therein.

2. DEFINITIONS

For the purpose of these Terms, unless the context otherwise requires, the following words and expressions shall have the meanings assigned to them below. Any capitalized terms used but not defined herein shall have the meaning ascribed to them under applicable laws or as may be defined elsewhere in these Terms:

2.1 “Applicable Law(s)” shall mean any statute, regulation, rule, ordinance, notification, circular, guideline, order, decree, judgment, treaty or other legislative or judicial pronouncement of any governmental authority in India having jurisdiction over the subject matter, including but not limited to the Indian Contract Act, 1872, the Indian Partnership Act, 1932, the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the applicable rules framed thereunder.

2.2 “User” shall mean any natural or legal person who accesses, browses, or uses the Website in any manner, including persons who register for an account, place an Order, or use any functionality or service provided on the Website.

2.3 “Firm” shall refer to The Zensage, a partnership firm under the Indian Partnership Act, 1932, and shall include its partners, successors, legal representatives, permitted assigns, and authorized agents.

2.4 “Products” shall refer to all anime-style inspired clothing, fashion items, accessories, merchandise and other tangible goods made available for purchase by the Firm via the Website, including any related packaging or bundled offers.

2.5 “Order” shall mean a confirmed purchase request for one or more Products made by a User through the Website in accordance with the terms contained herein and as acknowledged by the Firm.

2.6 “Force Majeure Event” shall include any event or circumstance beyond the reasonable control of the Firm or its partners, including without limitation, acts of God, natural disasters, floods, earthquakes, pandemics, riots, war, governmental actions or restrictions, embargoes, lockouts, strikes, cyber-attacks, data breaches, power failures, or disruptions in internet connectivity, which materially affect the ability of the Firm to perform its obligations under these Terms.

2.7 “Content” shall mean any text, images, graphics, user-generated content, data, audio or video clips, code, trademarks, logos, and other materials displayed on or accessible via the Website, including any third-party content.

2.8 “Confidential Information” shall mean any non-public information disclosed by the Firm to the User, whether written, oral, visual or electronic, including but not limited to trade secrets, pricing data, marketing strategies, business plans, source codes, customer lists, order data, and internal communications.

2.9 “Website” shall mean the online platform located at https://thezensage.com/ including all associated webpages, mobile applications (if any), source code, content, and backend software operated and maintained by the Firm.

2.10 “Services” shall mean all functionalities provided by the Firm on the Website including, without limitation, the display, description, marketing, sale, purchase, shipping, return, and tracking of Products, as well as any interactive or support features provided to Users.

3. ELIGIBILITY

3.1 Use of the Website and its Services is strictly limited to individuals who are competent to contract as per the provisions of Section 11 of the Indian Contract Act, 1872. Accordingly, persons who are “incompetent to contract” within the meaning of the Act — including but not limited to minors (i.e., persons under the age of 18), un-discharged insolvents, or persons of unsound mind — are not eligible to register on or transact through the Website.

3.2 If you are a minor (under 18 years of age), you may access and use the Website only under the supervision of your parent or legal guardian who agrees to be bound by these Terms on your behalf. If it is discovered that a minor is using the Website without appropriate supervision, the Firm reserves the right to immediately suspend or terminate such access and/or cancel any orders placed.

3.3 The Firm further reserves the right to deny access to the Website or refuse to accept or process any Order from any person who fails to satisfy the eligibility criteria under this Clause or is found to be in violation of any provision of these Terms or any Applicable Law.

3.4 By using the Website, the User expressly represents and warrants that they have the right, authority, and legal capacity to enter into this agreement and to abide by all of the terms and conditions stated herein.

3.5 The Firm shall not be held liable in any manner for any unauthorized usage of the Website by ineligible individuals, and any such individual shall be solely responsible for any liability arising therefrom, including indemnifying the Firm for any loss or damages caused.

4. ACCOUNT CREATION AND SECURITY

4.1 While browsing the Website is permitted without registration, access to certain features and functionalities, including placement and tracking of Orders, may require the User to register and create a personal account (“User Account”) using a valid email address, mobile number, and password or such credentials as may be prescribed by the Firm from time to time (“Login Credentials”).

4.2 The User represents and warrants that all information provided at the time of registration, and any time thereafter, is true, complete, accurate, and up to date. The Firm shall have the right to suspend or terminate the User Account and restrict access to the Website if any information is found to be false, misleading, outdated, or incomplete.

4.3 Users shall not create multiple accounts or impersonate another person or entity or use an account that does not belong to them. Creating an account for any other person or entity without valid authorization, or for fraudulent or deceptive purposes, shall constitute a material breach of these Terms and may attract civil and/or criminal liability under Applicable Laws.

4.4 The User is solely responsible for maintaining the confidentiality of the Login Credentials and for all activities that occur under the User Account, whether authorized or unauthorized. The Firm shall not be liable for any loss or damage arising from any failure to comply with this security obligation.

4.5 In the event of any unauthorized access, suspected misuse, or breach of security of the User Account, the User must immediately notify the Firm in writing at zensage.help@gmail.com Failure to do so may result in suspension of services, freezing of orders, and legal liability.

4.6 Users agree not to share their Login Credentials with any third party or to allow others to access their User Account. The Firm shall be entitled to assume that any access or activity undertaken using a User’s Login Credentials is duly authorized by the User and shall not be liable for any consequence thereof.

4.7 The Firm reserves the right to monitor all accounts, including logins and activity logs, to ensure security and detect fraud. The Firm may, at its sole discretion and without notice, suspend or terminate any User Account that is suspected of unauthorized activity, misuse, or non-compliance with these Terms.

5. USER RESPONSIBILITIES AND RESTRICTIONS

5.1 By accessing or using the Website, the User undertakes to do so in strict compliance with these Terms, all applicable laws, and any additional instructions, rules, or guidelines provided by the Firm. The User shall be solely responsible for any acts or omissions committed in breach of these Terms or the law.

5.2 The User agrees and warrants that they shall not host, display, upload, modify, publish, transmit, store, update, or share any content or information through the Website that:

  • (a) belongs to another person or entity and to which the User does not have any legal right;
  • (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, or otherwise unlawful in any manner;
  • (c) infringes upon or violates any intellectual property or proprietary rights of any third party, including copyright, trademark, patent, trade secret, or moral rights;
  • (d) impersonates another person or entity, or falsely states or misrepresents an affiliation with a person or organization;
  • (e) contains or disseminates software viruses, malware, spyware, corrupted files, worms, Trojan horses, or any other code or program designed to interrupt, destroy, or limit the functionality of any computer resource;
  • (g) is misleading in any way, including fake news, manipulated content, or false representations regarding the Products, the Firm, or any third party;
  • (h) violates the rights of any individual, including rights of publicity, privacy, or data protection;
  • (i) promotes or engages in any illegal activities including but not limited to hacking, cracking, spamming, phishing, or identity theft;
  • (j) is unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, or any other form of solicitation;
  • (k) solicits login credentials or personally identifiable information of other Users for unlawful or unauthorized purposes;
  • (l) is in violation of any applicable local, state, national or international law or regulation;
  • (m) is harmful to minors in any way, including any content that violates child protection laws.

5.3 The User shall not:

  • (a) use the Website or its content for any commercial purpose not expressly permitted by the Firm;
  • (b) attempt to gain unauthorized access to any portion or feature of the Website or to any system or network connected to the Website;
  • (c) probe, scan, or test the vulnerability of the Website or any network connected to it;
  • (d) reverse engineer, decompile, or disassemble the Website or its backend software;
  • (e) interfere with or disrupt the integrity or performance of the Website or data contained therein.

5.4 The Firm shall have the right (but not the obligation) to monitor, review, remove or block any content or activity on the Website that, in its sole discretion, violates these Terms or is otherwise objectionable or harmful. The Firm’s decision in this regard shall be final and binding.

5.5 In the event of any violation of this Clause, the Firm may, without prejudice to its other legal remedies, suspend or terminate the User’s access to the Website, block future access, cancel pending Orders, and initiate appropriate legal action under applicable laws.

6. SERVICES OFFERED

6.1 The Website is an e-commerce platform owned and operated by the Firm for the purpose of facilitating the listing, marketing, sale, and delivery of Products directly to Users. The Firm reserves the absolute right to determine the nature, range, and scope of Products or Services offered through the Website and to update or discontinue any portion thereof at its sole discretion and without prior notice.

6.2 Through the Website, the Firm provides the following Services (collectively referred to as “Services”):

  • (a) Display of Products with detailed descriptions, specifications, prices, and availability;
  • (b) Functionality to place, track, and manage Orders by registered and unregistered Users;
  • (c) Integration with payment gateways to enable secure transactions;
  • (d) Shipping and delivery management in coordination with third-party logistics partners;
  • (e) User account management, including order history, saved preferences, and communication preferences;
  • (f) Customer support services through email, WhatsApp, or such other channels as the Firm may notify;
  • (g) Promotional and loyalty features such as discount codes, rewards, and limited-time offer.

6.3 The Services are made available on an “as-is” and “as-available” basis. While the Firm endeavours to maintain uninterrupted and error-free operation of the Website, it does not guarantee the continuous availability of any or all features at all times. Services may be suspended, limited, or interrupted due to scheduled maintenance, unforeseen technical issues, server outages, acts of third parties, or Force Majeure Events.

6.4 The Firm reserves the right, without any obligation, to modify, suspend, or discontinue the Website or any Service (in whole or in part), either temporarily or permanently, with or without notice to Users. The Firm shall not be liable to Users or to any third party for any such modification, suspension, or discontinuance.

6.5 The Firm further reserves the right to introduce additional features, functionalities, or Services on the Website that may be subject to specific additional terms and conditions, which shall be deemed incorporated herein by reference and shall become binding upon publication on the Website.

7. ORDERS AND PAYMENTS

7.1 The User may place an Order for one or more Products listed on the Website by following the purchase process and providing requisite information including billing and shipping details. Each Order placed on the Website shall constitute an offer by the User to purchase the selected Product(s) from the Firm.

7.2 Upon receipt of an Order, the Firm shall send an acknowledgment via email or SMS/WhatsApp to confirm receipt of the Order. However, such acknowledgment shall not constitute acceptance of the Order. The Firm reserves the right to accept or reject any Order, in whole or in part, for any reason, including but not limited to stock unavailability, pricing errors, fraud detection, or verification issues.

7.3 The Firm shall confirm acceptance of the Order by dispatching the Product(s) and sending a shipping confirmation via email, SMS, WhatsApp, or such other communication channel as may be deemed appropriate. The contract for sale of Products shall be deemed concluded only upon such dispatch and communication.

7.4 All Orders are subject to availability and confirmation of the Order price. Prices of Products are listed in Indian Rupees (INR) and are inclusive of applicable Goods and Services Tax (GST), unless stated otherwise. The Firm reserves the right to revise pricing at any time prior to Order confirmation.

7.5 Payment for Products may be made using the payment methods enabled on the Website, including:

  • Credit/Debit Cards
  • Net Banking
  • UPI (Unified Payments Interface)
  • Wallets or Buy-Now-Pay-Later providers
  • Cash on Delivery (COD), where permitted
  • Any other mode notified by the Firm

7.6 By initiating a transaction, the User authorizes the Firm and its designated payment gateway service providers to process the transaction using the selected payment mode. The Firm does not store or retain card or bank account details of Users.

7.7 The Firm shall not be liable for any payment failures arising out of technical issues with third-party service providers, internet disruptions, invalid payment credentials, declined authorizations, or other transaction errors. Users are advised to retain proof of transaction (e.g., transaction ID, UTR number) for future reference.

7.8 In case of COD Orders, the User agrees to make the full payment at the time of delivery. Refusal to accept COD delivery without valid justification may result in cancellation of the User Account and/or blacklisting at the Firm’s sole discretion.

7.9 The Firm may, from time to time, issue promotional codes or coupons which may be redeemed against certain purchases on the Website. The terms and validity of such offers shall be as specified at the time of issuance and shall be binding upon the User.

7.10 All refunds, where applicable, shall be processed in accordance with the Firm’s Return, Exchange & Refund Policy, subject to verification of eligibility and deduction of applicable charges. The mode and timeline of refund shall be communicated to the User upon initiation.

8. SHIPPING AND DELIVERY

8.1 Once an Order is confirmed and accepted by the Firm, it shall be packed and shipped to the User’s designated delivery address as provided during the Order placement process. The Firm shall make reasonable efforts to dispatch Orders within the timeline communicated at the time of purchase, subject to stock availability and operational capacity.

8.2 Shipping timelines displayed on the Website are indicative and may vary depending on factors such as location, courier performance, regional holidays, force majeure events, or any unforeseen logistical constraints. The Firm shall not be held liable for delays in delivery that are beyond its reasonable control.

8.3 Orders placed using the Cash on Delivery (COD) or Guest Checkout options may be subject to pre-dispatch verification via email, SMS, WhatsApp, or phone call. If such verification is unsuccessful within 48 hours of the Order being placed, the Order may be automatically cancelled by the Firm, without any obligation to inform the User further.

8.4 The User agrees and acknowledges that refusal to accept COD Orders at the time of delivery, without legitimate reason, may result in cancellation of the User Account, denial of future access to COD facility, and/or other restrictions as the Firm may deem appropriate.

8.5 The shipping charges applicable to an Order, if any, shall be displayed at the checkout stage prior to payment. Such charges may vary based on location, order value, delivery timelines, or promotional campaigns. The Firm reserves the right to revise shipping policies and charges at its sole discretion.

8.6 The Firm may use third-party courier or logistics partners to deliver Products and shall not be liable for any damages, delays, or loss of Products during transit once the shipment has been handed over to such logistics partners. Users may be provided tracking information via SMS, email, WhatsApp, or directly through their User Account.

8.7 Upon dispatch, the User shall receive a shipping confirmation along with estimated delivery timelines. If the User fails to accept delivery on the first attempt, the delivery partner may, at their discretion, attempt a re-delivery. However, repeated failed delivery attempts may result in the return of the Order and cancellation without refund in COD cases.

8.8 Requests for modification of delivery address must be made prior to the dispatch of the Order. Once the Order is in transit, any change in delivery address or delivery schedule shall be subject to approval of the logistics partner and may incur additional charges or delays.

8.9 Orders shall be packed in accordance with industry-standard procedures adopted by the Firm. The Firm is not obligated to provide custom packaging, gift wrapping, or bundling unless such service is explicitly offered as part of the Product listing.

8.10 The risk and title in the Products shall pass to the User upon successful delivery of the Products at the address provided during checkout.

9. CANCELLATIONS AND REFUNDS

9.1 Firm-Initiated Cancellations:

  • (a) The Firm reserves the right to cancel an Order, in whole or in part, at its sole discretion, without incurring any liability, for reasons including but not limited to:
    • (i) Product unavailability;
    • (ii) Pricing or typographical errors;
    • (iii) Non-verification of Guest Checkout or COD Orders;
    • (iv) Breach of these Terms or misuse of the platform by the User;
    • (v) Delivery in areas not serviceable by logistics partners;
    • (vi) Suspected fraudulent activity.
  • (b) In such cases, the User shall be notified via registered communication channels, and any advance payments shall be refunded in accordance with Clause 9.5.

9.3 Refusal of Delivery / COD Abuse:

  • (a) The Firm reserves the right to refuse further services, cancel access to the User Account, or blacklist the User if a COD Order is repeatedly refused at the time of delivery without a valid reason.
  • (b) Such refusal shall not entitle the User to any refunds, and the Firm shall not be liable for losses incurred as a result of such refusal.

9.4 Return and Refund Eligibility:

  • (a) Returns and refunds shall be governed exclusively by the Firm’s “Return, Exchange & Refund Policy,” available on the Website and incorporated herein by reference.
  • (b) Products shall only be eligible for return or refund in the following cases:
    • (i) Damaged or defective Product at the time of delivery;
    • (ii) Incorrect Product delivered;
  • (c) The Firm reserves the right to deny return or refund requests that do not conform to the applicable policy or where the Product has been used, washed, or altered.

9.5 Refund Process and Timelines:

  • (a) Upon approval of a valid cancellation or return, the Firm shall initiate a refund to the original payment method used at the time of Order placement.
  • (b) Refund timelines may vary depending on the payment method and the policies of the financial institution involved, but shall generally be processed within 10–15 business days.
  • (c) No interest or compensation shall be payable for any delays in refund processing beyond the Firm’s reasonable control.

9.6 The Firm shall not be responsible for any incorrect bank account details or digital wallet information provided by the User that may result in refund failure or misdirection. The User shall ensure accurate details and bear the risk of errors or omissions.

10. USER CONTENT

10.1 The Website may allow Users to submit, upload, publish, or post content including but not limited to product reviews, feedback, comments, images, videos, testimonials, ratings, suggestions, or other communications (collectively, “User Content”).

10.2 The User acknowledges and agrees that by submitting any User Content on the Website, they grant the Firm a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable license to use, publish, reproduce, store, distribute, display, adapt, modify, translate, or create derivative works of such User Content in any format or media now known or developed in the future, including for marketing, promotional, social media, or commercial purposes.

10.3 The User represents and warrants that:

  • (a) they are the sole and exclusive owner of the User Content or have all necessary rights, licenses, consents, and permissions to submit and authorize the Firm to use it;
  • (b) the User Content does not infringe or violate the intellectual property, privacy, publicity, moral, or other rights of any third party;
  • (c) the User Content is not unlawful, harmful, defamatory, obscene, hateful, discriminatory, pornographic, false, misleading, or otherwise objectionable under Applicable Laws.

10.4 The Firm has no obligation to pre-screen or moderate User Content but reserves the absolute right, at its sole discretion and without prior notice, to:

  • (a) remove, reject, delete, edit, or block access to any User Content that violates these Terms, Applicable Law, or is otherwise deemed objectionable;
  • (b) disable access to or terminate any User Account that posts infringing or unlawful content.

10.5 The User agrees not to post or upload any User Content that contains:

  • (a) the likeness or personal data of any third party without their explicit consent;
  • (b) confidential business or proprietary information;
  • (c) viruses, scripts, code, or other files that may compromise the security or performance of the Website.

10.6 The User further agrees to indemnify and hold harmless the Firm and its partners, agents, and affiliates from any claims, damages, or liabilities arising out of or related to:

  • (a) the submission or publication of User Content;
  • (b) any breach of the representations, warranties, or obligations contained in this Clause;
  • (c) any violation of a third party’s rights resulting from such User Content.

10.7 The Firm assumes no responsibility or liability for any User Content posted, shared, or displayed on the Website by Users. All content posted by Users reflects the views of the individual authors and does not represent the opinion of the Firm.

10.8 Any User Content submitted through the Website shall be deemed non-confidential, and the Firm shall be free to use or disclose such information without restriction, except where prohibited by law.

11. COMMUNICATIONS

11.1 By accessing or using the Website, or by providing contact details such as a mobile number or email address during registration, checkout, or customer support interaction, the User hereby expressly consents to receive communications from the Firm and its authorized representatives, agents, or technology service providers, through any of the following modes:

  • (a) Email (transactional, promotional, or support-related);
  • (b) SMS or text messages;
  • (c) WhatsApp messages or push notifications;
  • (d) Phone calls, including automated calls and recorded messages;
  • (e) In-app messages (if applicable);
  • (f) Web notifications or chatbot interactions.

11.2 Such communications may include, without limitation:

  • (a) Order confirmations, updates, or cancellations;
  • (b) Shipping and delivery notifications;
  • (c) Payment status updates and invoice sharing;
  • (d) Account-related alerts or login attempts;
  • (e) Promotional offers, marketing campaigns, and seasonal discounts;
  • (f) Feedback requests and customer satisfaction surveys.

11.3 The User acknowledges that receipt of certain communications is mandatory for the proper functioning of the Website and the Services offered, and that opting out of such communications may affect the ability to fully utilize the Website.

11.4 The User may unsubscribe or opt out of non-essential promotional communications at any time by following the opt-out instructions included in each communication or by contacting zensage.help@gmail.com However, the Firm reserves the right to continue sending essential transactional messages for Orders, payments, account management, and legal obligations.

11.5 The Firm shall not be liable for any delay or failure in delivery of communications caused by:

  • (a) Technical limitations or outages affecting telecom service providers;
  • (b) Message filtering or spam detection settings on the User’s device or server;
  • (c) Incorrect or outdated contact information provided by the User;
  • (d) Failure to maintain network or device availability.

11.6 The User agrees to update their registered contact details promptly to ensure uninterrupted communication. The Firm shall not be held responsible for any losses arising from failure to receive time-sensitive communications due to outdated or inaccurate contact information.

12. INTELLECTUAL PROPERTY

12.1 All intellectual property rights in and to the Website, including but not limited to content, software code, user interfaces, graphics, images, photographs, videos, audio clips, logos, product layouts, artwork, animations, descriptions, digital assets, look and feel, and all other materials available on or accessible through the Website (collectively, “Website Content”), are owned by or licensed to the Firm, and are protected under applicable laws including the Copyright Act, 1957; the Trademarks Act, 1999; and other relevant intellectual property laws in force in India.

12.2 The trademarks, logos, trade names, service marks, brand names, and all other brand identifiers associated with the Firm and its Products (whether registered or unregistered) appearing on the Website are the exclusive property of the Firm (“Zensage IP”). Unauthorized use, reproduction, or distribution of any Zensage IP is strictly prohibited and may result in civil and/or criminal liability.

12.3 The User is granted a limited, revocable, non-exclusive, non-transferable right to access and use the Website and the Website Content solely for personal, non-commercial use in accordance with these Terms. This limited license does not permit:

  • (a) any resale or commercial use of the Website or its contents;
  • (b) any collection and use of product listings, images, or descriptions;
  • (c) any derivative use of the Website or its contents;
  • (d) any use of data mining, bots, crawlers, or similar data extraction tools.

12.4 The User shall not:

  • (a) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Website or any part thereof;
  • (b) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Website, its Services, or its Website Content;
  • (c) remove, alter, or obscure any copyright, trademark, or proprietary notices displayed on or embedded within the Website.

12.5 The Firm reserves the right to take appropriate legal action against any User or third party found to be infringing its intellectual property rights. This may include but is not limited to civil claims for damages, injunctive relief, and criminal complaints under applicable laws.

12.6 If you believe that any content on the Website infringes your copyright or intellectual property rights, you may notify us at zensageap@gmail.com with sufficient documentation. The Firm shall review such claims in accordance with applicable laws.

13. LIMITATION OF LIABILITY

13.1 To the maximum extent permitted under applicable law, the Firm, including its partners, employees, representatives, licensors, agents, service providers, or affiliates, shall not be liable to the User or any third party for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, including but not limited to:

  • (a) loss of profits, revenue, or anticipated savings;
  • (b) loss of goodwill or reputation;
  • (c) loss or corruption of data;
  • (d) inability to access or use the Website or Services;
  • (e) unauthorized access, use, or alteration of your transmissions or data;
  • (f) errors, bugs, viruses, or harmful components transmitted through the Website;
  • (g) failure of performance due to a Force Majeure Event;
  • (h) any claim arising out of delays, inaccuracies, interruptions, or omissions.

13.2 The Firm’s total liability for any claim arising out of or relating to the use of the Website, the Services, or the Products, whether based on contract, tort (including negligence), strict liability, or otherwise, shall in no event exceed the amount actually paid by the User for the Product giving rise to the claim.

13.3 The Firm disclaims all liability arising out of:

  • (a) acts, omissions, or conduct of any third-party service provider, including payment gateways, delivery/logistics providers, marketing affiliates, or content contributors;
  • (b) any User’s reliance on any content or recommendation appearing on the Website;
  • (c) any content, action, or omission by other Users of the Website;
  • (d) unavailability or downtime of the Website for any reason.

13.4 No advice or information, whether oral or written, obtained by the User from the Firm or through the Website shall create any warranty or liability not expressly stated herein.

13.5 The limitations and exclusions of liability provided in this Clause shall apply notwithstanding the failure of essential purpose of any limited remedy provided herein.

14. INDEMNITY

14.1 The User agrees to fully indemnify, defend, and hold harmless the Firm, including its partners, affiliates, licensors, agents, successors, and employees (collectively, the “Indemnified Parties”), from and against any and all losses, claims, damages, liabilities, actions, demands, penalties, fines, expenses (including reasonable legal fees and disbursements), arising out of or in connection with:

  • (a) the User’s breach or alleged breach of any provision of these Terms;
  • (b) violation of Applicable Laws, rules, regulations, or third-party rights;
  • (c) infringement of any intellectual property or proprietary rights of any third party by the User Content;
  • (d) any misrepresentation or inaccuracy in the information provided by the User to the Firm;
  • (e) the User’s unauthorized use of the Website or the Services;
  • (f) any fraudulent, negligent, or malicious activity conducted by the User on or through the Website;
  • (g) the misuse of any User Login Credentials leading to unauthorized activity under the User Account.

14.2 The Firm reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate fully with the Firm in asserting any available defenses.

14.3 The obligations under this Clause shall survive the termination or expiry of these Terms and/or the User’s use of the Website.

15. TERMINATION

15.1 The Firm reserves the right to suspend, restrict, or permanently terminate a User’s access to the Website or Services, with or without notice, in its sole discretion, for any reason including but not limited to:

  • (a) breach of any provisions of these Terms;
  • (b) violation of applicable laws, rules, or regulations;
  • (c) infringement of third-party intellectual property or proprietary rights;
  • (d) fraudulent, abusive, or harmful conduct by the User;
  • (e) receipt of legal process, regulatory order, or governmental request;
  • (f) repeated failed delivery or payment attempts;
  • (g) any behavior that threatens the security or integrity of the Website.

15.2 The User may voluntarily deactivate their User Account at any time by submitting a written request to zensage.help@gmail.com The Firm shall make reasonable efforts to process such requests within 10 (ten) working days, subject to completion of any pending obligations.

15.3 Upon termination, whether by the Firm or the User:

  • (a) all rights granted to the User under these Terms shall immediately cease;
  • (b) the Firm reserves the right to delete or anonymize any personal information retained, subject to applicable data retention and legal compliance policies;
  • (c) the User will remain liable for any outstanding payments, refunds, damages, or claims that accrued prior to such termination.

15.4 Termination under this Clause shall be without prejudice to any other rights or remedies available to the Firm under law or equity.

15.5 The disclaimer of warranties, limitation of liability, indemnity, governing law, dispute resolution, and intellectual property clauses shall survive the termination or expiration of these Terms.

16. GOVERNING LAW AND JURISDICTION

16.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without reference to conflict of laws principles.

16.2 Subject to Clause 17 (Dispute Resolution), the courts at Surat, Gujarat shall have exclusive jurisdiction in respect of any disputes, claims, or controversies arising out of or in connection with these Terms, the Website, the Products, or any Services offered by the Firm.

16.3 The User hereby agrees to submit to the personal and exclusive jurisdiction of the courts in Surat, Gujarat and waives any objection to such jurisdiction, including objections based on forum non convenient.

17. DISPUTE RESOLUTION

17.1 In the event of any dispute, controversy, claim, or disagreement (“Dispute”) arising out of or in connection with these Terms, the Website, the Services, or any Products offered by the Firm, the Parties shall seek to resolve the Dispute in the following tiered manner:

(A) Mediation:

17.2 The Parties shall first attempt to resolve the Dispute through good-faith negotiations and mediation. Either party may submit a written notice to the other requesting formal mediation.

17.3 The mediation shall be:

  • (a) facilitated by a neutral and qualified mediator mutually agreed upon by both Parties within 10 (ten) days of the request;
  • (b) conducted at a mutually agreed location in Surat, Gujarat or virtually;
  • (c) completed within 20 (twenty) days of the appointment of the mediator, unless extended by mutual consent.

17.4 If the mediation is unsuccessful in resolving the Dispute, either party may escalate the matter to arbitration.

(B) Arbitration:

17.5 If the Dispute remains unresolved after mediation, it shall be finally resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 and any amendments thereto.

17.6 The arbitration shall be:

  • (a) conducted by a sole arbitrator mutually appointed by the Parties, or, failing agreement, appointed in accordance with Section 11 of the Arbitration and Conciliation Act, 1996;
  • (b) held in Surat, Gujarat;
  • (c) conducted in the English language;
  • (d) confidential, and the decision of the arbitrator shall be final and binding on the Parties.

(C) Conciliation (If Arbitration is Inconclusive):

17.7 If arbitration fails to result in a binding or enforceable award due to procedural, legal, or jurisdictional defects, the Parties agree to resort to conciliation under the provisions of Part III of the Arbitration and Conciliation Act, 1996.

17.8 The conciliator shall be appointed in a manner similar to that of the mediator or arbitrator, and all efforts shall be made to resolve the matter within 15 (fifteen) days of commencement of conciliation proceedings.

17.9 No part of the mediation, arbitration, or conciliation proceedings shall preclude either party from seeking interim relief from the courts at Surat, Gujarat, including injunctive or equitable relief, where deemed necessary to protect rights or prevent irreparable harm.

18. MODIFICATIONS TO THE TERMS

18.1 The Firm reserves the unconditional and exclusive right to amend, revise, update, or modify these Terms at any time and from time to time, without prior notice, to reflect changes in the law, changes to the Website, improvements in services, or for any other reason deemed necessary by the Firm.

18.2 Any such modifications or changes shall become effective immediately upon posting on the Website, unless stated otherwise. The “Last Updated” date at the top of this document shall indicate the date of the latest revision.

18.3 The User acknowledges and agrees that it is the User’s responsibility to review these Terms periodically to remain informed of any changes. Continued access or use of the Website by the User following the posting of any amendments shall constitute acceptance of those changes.

18.4 In the event of material changes, the Firm may notify Users through:

  • (a) prominent notice on the Website (such as a banner or pop-up),
  • (b) email notification (where such contact information has been voluntarily provided by the User), or
  • (c) an in-app notification, if applicable.

18.5 If the User does not agree to the modified Terms, the User must discontinue use of the Website immediately. The Firm shall not be liable for any losses arising due to the User’s failure to acquaint themselves with the revised Terms.

19. CONTACT INFORMATION

19.1 General Inquiries and Support:

Email: zensage.help@gmail.com

19.2 Legal Notices and Communications:
All legal notices, formal communications, or claims concerning these Terms, the Firm, or any legal matter must be submitted in writing and addressed to:

Email: zensageap@gmail.com

Legal Department – The Zensage,
L2, Shiv Shakti Shopping Complex,
Ghod Dod Road, near Shri Mahakal Bhairav Temple,
Ram Chowk, Athwa, Surat, Gujarat – 395001

19.3 All electronic communications shall be deemed received within 3 (three) business day of transmission. Physical notices shall be deemed received upon delivery at the registered address above.

20. LIMITATION OF LIABILITY ON PURCHASE OF PRODUCTS

20.1 To the maximum extent permitted by Applicable Law, The Zensage (the “Firm”), its partners, officers, employees, agents, licensors, affiliates, and service providers shall not be liable to any User or third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

  • (a) loss of profit, business, revenue, goodwill, anticipated savings, or data;
  • (b) personal injury, bodily harm, allergic reactions, or health consequences arising out of use of the Products;
  • (c) delay or failure to perform, resulting from any Force Majeure Event;
  • (d) technical or security breaches caused by cyber-attacks, unauthorized access, or transmission of viruses.

20.2 The Firm makes no warranties or representations, express or implied, as to the quality, merchantability, fitness for a particular purpose, durability, or suitability of the Products beyond those expressly stated at the point of sale.

20.3 Notwithstanding anything contained in these Terms or elsewhere on the Website, in no event shall the Firm’s aggregate liability, whether in contract, tort (including negligence), strict liability, warranty, or otherwise, for any damages arising out of or related to a single Product exceed 2 (two) times the total purchase price paid for such Product by the User.

20.4 This limitation of liability shall survive the expiration or termination of these Terms and shall apply to all causes of action in the aggregate.

21. DISCONTINUATION OF USAGE DUE TO ALLERGIC REACTIONS OR SENSITIVITIES

21.1 The Products offered by The Zensage are made using premium fabric blends including, but not limited to, terry-cotton, which may not be suitable for all skin types. While the Firm endeavours to ensure the safety, softness, and comfort of all materials used, certain individuals may experience allergic reactions, irritation, or other dermatological issues depending on their specific sensitivities or medical conditions.

21.2 The Firm strongly advises all Users to:

  • (a) read all product labels, fabric descriptions, and care instructions carefully before purchase and use;
  • (b) consult a medical professional or dermatologist if they have a history of skin allergies or reactions to similar fabrics;
  • (c) discontinue use immediately in case of discomfort, rash, irritation, inflammation, or any other adverse skin condition; and
  • (d) seek medical attention without delay in case of any reaction believed to be caused by use of the Products.

21.3 The Firm shall not be held responsible or liable for any harm, injury, health complications, or medical expenses incurred by the User resulting from allergic reactions or sensitivities triggered by the materials used in the Products.

21.4 This disclaimer shall survive all purchases and remain in effect regardless of product returns, cancellations, or user discontinuation of use.

21.5 By continuing to use the Website and purchasing Products, the User expressly acknowledges and accepts the risks associated with potential skin sensitivities or allergic reactions and agrees to use the Products entirely at their own discretion and responsibility.