Zenpower terms & conditions

These Terms and Conditions serve as a non-transferable contract (also referred to below as an “Agreement”) between you “the Client” (the person viewing the website and application and using any of its content/Image(s) and the Provider. Terms and Conditions are superseding any other general Terms and Conditions used previously printed and/or provided to any Client. The Terms and Conditions also prevail over any written terms and conditions of the Client.

These Terms and Conditions, the Privacy Policy, the Disclaimer and all other additional terms and information that may be provided within the Service (collectively the ‘Terms’) govern your use of the Zenpower service, site, content and software (collectively the ‘Service’). By registering for or using the Service or any portion of it you accept the Terms.

The Terms constitute an agreement between you and the Provider (the ‘Provider’, including references such as ‘we’, ‘us’, ‘our’ etc.), defining your and the Provider’s rights and responsibilities with respect to the Service.

We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting the Provider, technology, payment methods, relevant laws and regulatory requirements and/or the systems capabilities. You will be subject to the Terms and Conditions in force at the time of using the Service, unless any change is required by law or regulatory authority (in which case, it will apply to all usage of the application either currently or in the past).

  1. Service Acceptance

1.1. To register and pay for the Service you must be at least sixteen (16) years of age, and be the account holder or  have the authorisation of  the credit/debit card. 1.2 The age of the user is not restricted, however if under the age of 12, the user should be supervised by an adult.

1.3. You agree to use the Service only for your personal, non-commercial purposes

 

  1. Service Eligibility

2.1. Anyone completing the registration must be legally competent – WHAT DOES THIS MEAN?

 

  1. Service Registration and Termination

3.1. To use the Service you will need to register, create an account with a username and a password and if a personal user, pay a fee

3.2. For the sake of clarity, simple use of the Service (such as accession to the same and browsing the same) does not require any registration, creating an account with a username and password or payment of any fee. It is, however, necessary to register in order to be able to use the Zenpower application

3.3. You need to provide us with certain personal and other information and to choose a user name and password, which has to be secret and must not be shared with others

3.4. The Provider will verify your email address before the account can be used – WE NEED TO CONFIRM IF THIS IS THE CASE AND WE CAN DO THIS

3.5. You agree to provide truthful and complete information when you register for the Service and to keep that information updated

3.6. You must not use any third party personal data in order to create an account and you are not allowed to access accounts of other users. The Provider reserves the right to block any user account if it reasonably determines that the account was created with false or any third party personal data or that it is in violation of these Terms in any other manner

3.7. You must take due care to protect your username and password against misuse by others and promptly notify the Provider about any misuse. You are personally responsible for any use of the Service

3.8. You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. The Provider may terminate your registration or restrict your access to certain parts of the Service if the Provider reasonably believes that you have breached the Terms. In case of termination of any kind or nature, you will not be entitled to any refund whatsoever

 

  1. Use of the Service

4.1. You agree to use the Service solely and exclusively under the following terms and conditions:

4.1.1. To comply with all applicable laws, these Terms and good manners and ethics

4.1.2. To use the Service only for your personal, non-commercial purposes

4.1.3. To respect the privacy of others

4.1.4. Not to use any technologies or initiate other activities that may interrupt the functionality of the Service or harm the Service in any other way or damage the interests or property of the Provider or the Service’s users or any third parties, or unreasonably affect others’ enjoyment of the Service

4.1.5. Not to use any automated systems or means to access, acquire, copy or monitor any part of the Service

4.1.6. Not to disassemble, reverse engineer or tamper with the Service registered with our IP for Psy-TaP registered with the UK IP office. 

Trade Mark No: UK00003069688

 

4.1.7. Not to collect information of other users

4.2. Any use of the Service or any part thereof, which is in violation of these Terms is prohibited and may result in criminal prosecution and/or civil liability

4.3. The Provider expressly disclaims, to the largest extent permissible by the applicable law, any liability for:

4.3.1. Any emotional stress or other psychological effect that the use of the service could cause to the Recipients

 

  1. Notices

5.1. The Provider may post notices within the Service

5.2. The Provider may also send to you notices about products and services to the email address you have provided to us

5.3. You are deemed to have received such notices at the latest within seven (7) days after the Provider’s sending or posting such notices

5.4. Your continued use of the Service constitutes your receipt of all the notices regardless of the delivery method

 

  1. Service Fees

6.1. Your use of the Service will be subject to fees. The level of fees charged by the Provider will be announced separately in connection with the Service

6.2. Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include any service provision charges by your network service provider

6.3. The Provider assumes no responsibility for the payment of any charges of your service providers.

 

  1. Package and Payment Terms

7.1. To place an order for a package within the Service, you must be at least sixteen (16) years of age and be legally competent according to the applicable legislation

7.2. You agree that all orders placed shall be legally valid and binding.

7.3. You will not be able to cancel your order for a package once it has been processed, or entitled to any refund on the basis of the respective cancellation

7.4. Please note that the Provider may not be able to process any customer support request if you are unable to provide your transaction ID, which is provided to you by the Provider following your package order has been completed

7.5. The Provider will charge your credit/debit card or Paypal account within a reasonable time after you have made your package order request. All payments are subject to validation checks and authorisation by the card issuer/provider

7.6. You agree to use the Service solely as permitted in these Terms and in any additional terms that you may be presented with in the future

7.7. Prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated

7.8. There may be instances where you will incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed

7.9. The Provider assumes no responsibility for the payment of bank or any other third party service fees or charges

7.10. You will be required to renew your subscription annually

7.11. The annual subscription fee for the Service will be due twelve (12) months after the creation of the first personal message, and annually thereafter

7.12. Renewal payment must be received by the due date or thereafter your service will be suspended. If the renewal payment is not received within thirty (30) days after the renewal date the Provider reserves the right to delete any content and close the account.

 

  1. Feedback to the Provider

8.1. By submitting any ideas, feedback and/or proposals (the “Feedback”) to the Provider through the Service or other means, you acknowledge and agree that:

8.1.1. The Provider may have similar development ideas to the Feedback

8.1.2. Your Feedback does not contain confidential or proprietary information of you or any third party

8.1.3. The Provider is not under any obligation of confidentiality with respect to the Feedback

8.1.4. The Provider may freely use, distribute, exploit and further develop and modify the Feedback for any purpose

8.1.5. You are not entitled to any compensation of any kind from the Provider

 

  1. Availability and Technical Requirement

9.1. The availability of the Service may vary and is subject to the Provider’s sole discretion. The Provider expressly disclaims any representation or warranty that any particular Service will be available. The Service may not be available in all countries and may be provided only in selected languages

9.2. To access the Service, you may need to download a specific piece of software

9.3. The Provider may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times

9.4. The Provider may disable any content contained in your Service account for any reason, and remove any such content in order to protect the Service and/or any its legitimate interests and/or any affected or potentially affected parties.

 

  1. Links to Third Party Sites and Content

10.1. www.zenpower.co.uk  site and applications may contain links to other sites and services which are owned or operated by third parties and which are not part of the Service. You must review and agree to the terms and conditions of these sites or services, including their privacy policies, before using these sites or services

10.2. The Provider has no control over third party content, sites or services, and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third party site does not imply that the Provider endorses the site or the products or services referenced in the site.

10.3 The Provider gives no rights or warranties with regards to the use of names, trademarks, logo types, registered or copy righted designs or works of or art depicted in an image and you must satisfy yourself that all necessary rights, model releases, permission or consents which may be required for reproduction are obtained

 

  1. Privacy Policy

11.1. The Provider is committed to protecting your privacy and to complying with the applicable Data Protection and privacy laws. Our Privacy Policy (the “Policy”) explains how we process personal data. Throughout this Policy the term “personal data” means information relating to an identified or identifiable individual (i.e. a natural person). This Policy applies to processing of your personal data where the Provider is the data controller or where we refer to the applicability of this Policy

11.2. The Provider may provide additional privacy information in connection with our products and services through service descriptions and other notices. Such information prevails over this Policy to the extent of any conflict

11.3. By using this website and/or by submitting personal data to the Provider, you agree to the processing of your personal data as explained in this Policy. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data.

11.4. We collect your personal data which you provide to us when you register with us, create a register, create a note, request information from us, participate in activities on our site or interact with us in any other available manner. Below are the categories of data we collect:

11.4.1. The information you provide to us when you register with us – name (first name and surname), occupation, e-mail address, username and password

11.4.2. The location data and viewing and technical data you provide to us when you access our site and/or use our site – satellite, Wi-Fi or other network based location data, for example your IP-address, access times, the website you linked from, pages you visit, the links you use, the content you viewed and other such information your browser provides us with

11.4.3. The information relating to your device/-s such as your unique device identifiers, subscriber identity information, network service provider specific identifiers, network settings and other such information

11.4.6. The transactional information – information you provide to us when you use our site and services and/or interact with us, such as details of the queries or requests you have made, the services provided, your consents, preferences (including but not limited to language preferences) and feedback, bank or credit card details, billing address,, records of contacts and communications (including your communication with www.zenpower.co.uk  or such other contact points), information and details relating to the content you have provided us with and other such transactional information

11.4.7. Depending on your positioning settings and your use of location services of other service providers your device may connect to other service providers’ servers, which are not controlled or operated by the Provider. We recommend you to check the privacy policies of such service providers to understand how they process your location data. You can modify the positioning settings of your device from the device settings, for example change or disable positioning methods or location servers or modify the accuracy of your location data.

11.5. The Provider may process your personal data for the following purposes. Please note that one or more purposes may apply simultaneously:

11.5.1. We may use your personal data to provide you with our products and services, to process your order or as otherwise may be necessary to perform the contract between you and the Provider, to ensure the functionality and security of our products and services, to identify you as well as to prevent, detect and investigate fraud, other misuses and any other activities that may violate this Policy and/or the Terms or that may be illegal in any other way

11.5.2. We may use your personal data to develop our products and services. However, for the most part we only use aggregate and statistical information for such purposes. We may combine personal data collected in connection with your use of a particular Provider’s product and/or service with other personal data we may hold about you, unless such personal data was collected for a different purpose

11.5.3. We may use your personal data to communicate with you, to send you critical alerts and other such notices relating to our products and/or services and/or features on our site, and to contact you for consumer care related purposes

11.5.4. We may use your personal data to personalise our offering and to provide you with more relevant services, for example, to make recommendations and to display customised content and advertising in our services

11.5.5. We may use your personal data for direct marketing or research purposes, for example, to conduct market research and we may, in accordance with applicable law, contact you to inform you of new products, services or promotions we may offer. We do not sell, lease, rent or otherwise disclose your personal data to third parties unless otherwise stated below

11.6. Our products and services may be provided using resources and servers located in various countries around the world. Therefore, your personal data may be transferred across international borders outside the country where you use our services, including countries which do not have laws providing specific protection for personal data or which have different legal rules on data protection. In such cases we take steps to ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organisational information security measures

11.7. We may be obligated by the applicable law to disclose your personal data to certain authorities or other third parties, for example to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with the applicable law to defend our legitimate interests, for example, in civil or criminal legal proceedings, whenever we believe in good faith that a disclosure is required by the law

11.8. If we decide to sell, buy, merge or otherwise re-organise our businesses in certain countries, this may involve our disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers

11.9. We take reasonable steps to keep the personal data we possess accurate and to delete incorrect or unnecessary personal data. Since confidentiality and security of your personal data is very important to us, we have implemented relevant security measures in order to protect your personal data from unauthorised access, disclosure, use or modification. Nevertheless, please take into consideration that, despite our best efforts, no security measures are perfect or impenetrable

11.10. We allow you to manage your profile, and encourage you to access your personal data from time to time to ensure that they are correct. Please remember that in case of any changes it is your responsibility to update the personal data you have provided us with

11.11. We limit the access to our database(s) containing personal data to authorised persons having a justified need to access such information. These persons are obliged to preserve confidentiality of the respective data

11.12. We collect information about your activity on our site and applications (“Tracking data”) through tracking technologies, such as cookies or Flash cookies. Tracking data can be used for various purposes (such as, for example, to provide you with relevant content based on your preferences or monitor and evaluate the use and operation of our site and applications) and we may associate it with your registration account in which case it will be treated as personal data. Cookies are small text files that are sent to your computer by a web server when you visit a website. We use cookies to provide benefits to you such as to simplify your experience when you return to our site and applications. Session cookies remember the previous activity performed by you. Persistent cookies are used to save your preferences over multiple sessions. Cookies may be used to display targeted ads and recommendations. Cookies are also used to determine the effectiveness of our promotions and advertising campaigns and to improve our products and services. We may also utilise so-called locally stored objects, such as Flash local shared objects (“Flash cookies”) or HTML5 Web Storage. Locally stored objects are used for similar purposes as cookies but typically may contain a greater amount and different types of data compared to browser cookies. We may also use third party advertising technologies, to serve ads.  to collect information about your visits to the Provider’s website and third party websites. This information will be used to serve ads on the Provider’s and third party websites. The collected information will not be directly personally identifiable nor will we share the information with third parties. Most browsers allow you to either disable or allow the use of cookies, and you may also turn off cookies on your computer if your browser so permits. You can do this through your browser settings. If you disable cookies, you may not be able to use certain parts of our services, i.e. to access certain features of the same

11.13. You have the right to know what personal data we hold about you. You have the right to have incomplete, incorrect, unnecessary or outdated personal data deleted or updated. You have the right to unsubscribe from marketing messages and to request that we stop processing your personal data for direct marketing or market research purposes. However, if you opt out from marketing and other communications from the Provider, we may still send you critical alerts pertaining to our products and services or contact you for these purposes unless prohibited under applicable law. You may exercise your rights by contacting us through info@zenpower.co.uk To unsubscribe from marketing messages, you may contact us at info@zenpower.co.uk

11.14. In some cases, especially if you wish us to delete or otherwise stop processing your personal data, this may mean that we may not be able to continue providing the services to you or taking account of your interests and preferences

11.15. Please note that the Provider may need to identify you and to ask for additional information in order to be able to fulfil your request

11.16. Please also note that the applicable law may contain restrictions and other provisions that relate to your rights

11.17. The Provider may from time to time change this Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Policy is changed in a material, adverse way, the Provider will post a notice advising of such change at the beginning of this Policy and on this site’s home page for 30 days, and, if required by the applicable law, we will ask for your consent. We recommend that you review this Policy from time to time to learn of any such changes to this Policy. You are responsible for regularly reviewing the Policy. Your continued use of the Service constitutes your consent to any changes and modification of the same. If you have any comment or question about this Policy, please contact us through info@zenpower.co.uk.

 

  1. General Disclaimer

12.1. The Service is provided on “As Is” and “As Available” basis. The Provider does not warrant that the Service will meet your requirements or that its operation will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement of third party rights, merchantability, fitness for a particular purpose, satisfactory quality, accuracy, validity, availability, timeliness, legality, completeness or quiet enjoyment, is made in relation to operation or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that the entire risk as to satisfactory quality, performance and accuracy is with you

12.2. To the largest extent permissible under the applicable law, the Provider will in no case be liable, whether in contract or tort, for any direct, indirect, incidental, special, punitive, consequential or any other damages resulting from or in connection with your use or inability to use the Service, even if advised of the possibility of such damages.

 

  1. Indemnification

13.1. You agree to defend and indemnify the Provider from and against all third party claims and all liabilities, assessments, losses, costs (including legal fees) or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.

 

  1. Intellectual Property

14.1. The Service as a whole, its name and its integral parts are, to the largest extent applicable, intellectual property works owned by or duly licensed to the Provider and, as such, protected under international intellectual property conventions and agreements and intellectual property legislation of the applicable law.

14.2. Subject to the Terms and to the largest extent applicable, the Provider retains all the rights, title and interest in the Service, the site, the software and in all other content or other properties provided to you or used by you through the Service. You are not entitled to any other use of the Service (or any part thereof) apart from the use which is allowed to you under these Terms. Any unauthorised use of the Service (or any part thereof) shall constitute an infringement of the respective intellectual property right of the Provider (owned by the Provider or duly licensed to the same) and may result in criminal prosecution and/or civil liability.

 

  1. Allegations of Infringement of Intellectual Property Rights

15.1. You may notify the Provider of copyright or any other intellectual property right’s infringement on the Service by providing a written notice with “Intellectual Property Right Notification” in the subject line to info@zenpower.co.uk . Your notice must:

15.1.1. Identify the specific intellectual property right you claim is infringed

15.1.2. Identify the content on the Service that you claim is infringing the aforementioned right by providing enough detail for the Provider to locate the allegedly infringing content on the Service

15.1.3. Provide your contact information, including your full name, mailing address, telephone number, and email address, if available

15.1.4. Provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorised by the respective intellectual property right’s owner, its agent, or the law.

 

  1. Assignment

16.1. The Provider may assign its rights and obligations under these Terms to any entity or person at its sole discretion. Additionally, the Provider may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.

 

  1. Miscellaneous

17.1. The Terms are governed under UK law

17.2. The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot be waived by the law

17.3. If a provision of the Terms is found to be invalid or unenforceable, the remaining provisions will not be affected and the invalid or unenforceable provision will be replaced with a valid and enforceable provision that comes closest to the result and purpose of the Terms

17.4. In the event of one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole

17.5. The provisions of the Terms that are intended to survive termination of your registration remain valid after termination, if applicable

17.6. The Provider may from time to time change these Terms or change, modify or withdraw access to this site at any time with or without notice. However, if these Terms are changed in a material, adverse way, the Provider will post a notice advising of such change at the beginning of these Terms and on this site’s home page for 30 days, and, if required by applicable law, we will ask for your consent. We recommend that you review these Terms from time to time to learn of any such changes to the same. You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification of the same. If you have any comment or question about these Terms, please contact us through info@zenpower.co.uk

Data Protection Statement

As a customer of Zenpower Ltd, we  would like to let you know about some important details regarding your personal information. This document sets out how Zenpower will use your personal data.

We currently hold the following personal data about you:

– Name, Email Address and occupation

We will tell you if providing any of your personal data is optional and will ask for your consent to process your data where this is necessary to do so but in all other cases, we will use the data only to make contact with you, as part of the day to day running of the service that you have agreed Zenpower to provide to you.

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Using your personal data and the legal basis upon which we can use it:

In the following situations, we will process your personal data:

  1. As deemed necessary to perform the contract with you
  2. Prior to you entering into the contract
  3. To manage and perform the contract
  4. To keep your records up to date
  5. As may be deemed necessary for our own legitimate interests or those of other persons or organisations e.g:
  6. For good governance or audit purposes
  7. For accounting reasons
  8. For monitoring activity such as emails
  9. For developing statistical analysis
  10. To ensure we comply with a legal obligation e.g:
  11. When you exercise your rights under Data Protection law
  12. Disclosure for legal or regulatory requirements
  13. Establishment and defence of legal rights
  14. Prevention, detection or investigation of crime
  15. Consent
  16. We may ask you for your consent to process some or all of your personal data.

 

Sharing your data:

From time to time, it may be necessary to share your personal data. Here’s a list of occasions where this may be necessary:

  1. Sub-contractors who may help us from time to time to deliver the services as promised
  2. Government bodies
  3. Courts
  4. Payment systems

 

Retention periods:

We will retain your personal data for a period of 24 months from the time you decide to no longer do business with Zenpower Ltd..

We may hold your personal data for several reasons:

  1. In case of queries you may make
  2. In case of queries that a recipient may make if they cannot successfully access your messages for any reason.

There may be times when your personal data is kept for longer than our retention period, including:

  1. In case of legal or regulatory challenges
  2. In case of criminal proceedings
  3. In case of a claim you may make

 

What rights do you have regarding the data we hold about you:

  1. At any time you have the right to know what personal data we hold on you. This is known as ‘Right of Access’
  2. You have the right to know how we process your personal data across the business and if, for any reason, we share your personal data with another company
  3. You have the right to ask us to erase any personal data we hold on you. This would be reviewed against our retention policy prior to a decision being made and communicated to you
  4. You have the right to object about using your personal data for processing reasons
  5. You have the right to ask us to restrict how or when we use your personal data
  6. You have the right to ask us to port your personal data. We will achieve this by sending what we hold on you and allowing you to share it as you wish. We will not send personal data to another company

Additionally, you have the right to complain to the Information Commissioner’s Office: https://ico.org.uk/.

All requests need to be made in writing to the info@zenpower.co.uk and they will be replied to or where possible actioned within 28 days.

If you have any reason to complain about our processes or procedures regarding your personal data you are welcome to write to us at info@zenpower.co.uk.

 

Data anonymisation and aggregation:

On occasions, we may take your personal data and convert it into statistical analysis. When this happens, you won’t be identifiable as an individual data subject but the aggregated data may be shared and used in the ways described earlier in this Data Protection Statement.