Terms and Conditions
TERMS AND CONDITIONS
If you accept or agree to these Terms on behalf of an individual, company or other legal entity, you represent and warrant that you have the authority to bind that legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that legal entity.
If you are not agreeable to all the Terms in their entirety, you must not use this Site/ Application and should exit/logout immediately. Your use of the Site/ Application shall be deemed to be an acceptance of the Terms in their entirety. You agree, acknowledge and recognize that the contract of sale is made in Singapore, is governed exclusively by the laws of Singapore, and is subject to the exclusive jurisdiction of the courts in Singapore to the exclusion of all other courts.
“Accommodation” means such room, area, space or location as is available for rent via the Site, Application, and Services.
“Guest” means someone who is seeking to rent or made a reservation of an Accommodation via the Site, Application, and Services.
“Member” means any individual who has a member account with the Site or Application.
“ZEN ROOMS Franchise Partner” or “Partner” means an entity providing Accommodation available for rent via the Site, Application, and Services.
“Listing” means an Accommodation at a Partner that is available for rental via the Site, Application, and Services.
“User” means a person who uses ZEN ROOMS’ Site, Application or Services.
“ZEN ROOMS Content” means all Content which ZEN ROOMS makes available through the Site, Application, or Services, including any Content licensed from a third party.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Guest Content” means all content which a Guest transmits through the Site, Application or Services.
“Collective Content” means all ZEN ROOMS Content.
“Tax” or “Taxes” mean any form of tax, levy, impost, duty, contribution, liability and charge in the nature of taxation and all related withholdings or deductions of any kind, including sales taxes, value added taxes (VAT), goods and Services taxes (GST) and other similar municipal, state and national indirect or other withholding and personal or corporate income taxes wherever and whenever payable as a consequence of any claim, direction, order or determination of any taxation authority.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
Access to the Site
The accessibility and operation of the Site rely on technologies outside our control. We do not guarantee continuous accessibility or uninterrupted operation of the Website.
I. ZEN ROOMS reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to cease using the Site, Application and Services.
How the Services, Site, and Application Work
I. ZEN ROOMS operates a branded accommodation network, with temporary Accommodation available to rent at its Partners (and at no other location than its Partners).
II. Through the Site and Application, ZEN ROOMS provides an online facility through which Guests can make room reservations.
III. ZEN ROOMS reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Site/ Application or the information, Listings and Services described on the Site/ Application at any time without prior notice to Users. Such modifications or changes shall be effective immediately when they are made.
IV. You agree and acknowledge that in the Site/ Application, all Services are offered only at the sole discretion of ZEN ROOMS. ZEN ROOMS reserves the right to refuse or cancel orders at any time. ZEN ROOMS reserves the right to amend the conditions of its Rewards (or any other program), as well as the right to cancel any Member Account and revoke any or all unredeemed Points.
V. Warranty and Liability Disclaimer: Except where prohibited by law, this Site, Application, Services and the Content are provided "AS IS" without any warranty, representation, condition, undertaking, guarantee or term of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose, or that Listings will meet your requirements or be available on an uninterrupted, secure, or error-free basis. While ZEN ROOMS conducts regular quality checks and attempts to provide accurate information, ZEN ROOMS does not warrant the accuracy or completeness of the information, text, graphics, links or other items of this Site, Services or its Content. ZEN ROOMS may make changes to the Content, or the programs, policies or other information described in the Content, at any time without notice. ZEN ROOMS makes no commitment to update the Content. If you choose to use the Site, Application, Services you do so at your sole risk. Neither ZEN ROOMS nor any other party involved in creating, producing, or delivering the Site, Application, Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages or loss. However, in the event that ZEN ROOMS is found liable on any basis whatsoever or if we are found to have been at fault in relation to the Service, ZEN ROOMS’ liability shall be limited to twice the cost of the booking in question. The User/Member shall defend, indemnify, and hold ZEN ROOMS free and harmless, from any claims, actions, demands arising from or in relation to the Terms which are attributable to its own fault, negligence, act or omission, or the fault, negligence, act or omission of its agents.
VI. The Site, Application and Services may contain links to third-party websites or resources which are not under the control of ZEN ROOMS. You acknowledge and agree that ZEN ROOMS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ZEN ROOMS of such websites or resources or the content, products, or Services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Services on or available from such websites or resources.
VII. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by these Terms. While individuals under the age of 18 may utilize/browse the Site/ Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.
VIII. ZEN ROOMS has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.
Bookings and Financial Terms for Guests
I. Guests agree, acknowledge and confirm that before placing any order, Guests shall check the Service description and price carefully and by placing an order for a Service, the Guest agrees to be bound by these Terms and any such conditions of sale as may be imposed by ZEN ROOMS.
II. Guests agree to pay ZEN ROOMS for the Total Fees for any booking requested, including any Tax and payment processing charges. Furthermore, Guests understand and agree that ZEN ROOMS reserves the right, in its sole discretion, to (i) obtain a pre-authorization via the provided credit or debit card for the Total Fees or (ii) charge your credit or debit card a nominal amount, not to exceed SGD1.00 or a similar sum in the currency in which you are transacting (e.g. One euro or one British pound) to verify your credit or debit card. Please note that ZEN ROOMS cannot control any fees that may be charged to a Guest by his or her bank or any third party related to ZEN ROOMS’s collection or refund of the Total Fees, or the cancellation of any booking, and ZEN ROOMS disclaims all liability in this regard.
III. Listings for Accommodations will specify the Total Fees. If a requested booking is cancelled, any amounts collected by ZEN ROOMS will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit or debit card will be released, if applicable. The rates quoted are inclusive of utility charges, subject to the prevailing goods and services tax, and may be changed without notice. A security deposit and advance payment may also apply upon booking.
IV. Room rates are subject to change as a result of changes in your arrival and/or departure dates. In the event you complete a booking based on a rate that has been incorrectly posted, ZEN ROOMS reserves the right to correct the rate or cancel the reservation at its discretion.
VIII. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this Site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.
IX. The Guest does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to ZEN ROOMS:
(a) The Guest is not under any legal or other deficiency which prevents/may prevent the Guest from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to ZEN ROOMS for bookings or Services ordered by the Guest.
(b) In a credit card transaction, Guest must use his own credit or debit card for which Guest has full right & authority to validly use for the purposes of making payment to ZEN ROOMS. ZEN ROOMS shall not be liable for loss suffered by any Guest as a result of any credit card fraud. ZEN ROOMS shall not be liable for the dishonest or fraudulent use of any credit or debit card, and the onus of proving that there has not been any fraudulent use shall lie on the Guest.
(c) While using the Site/ Application, Guest shall at all times strictly comply with the payment procedure and the Terms in their entirety.
(d) Your use of the Services shall be deemed to mean that you are fully satisfied with the description, look and design of the accommodation and usage fee of the Accommodation as displayed on ZEN ROOMS' Site/ Application.
X. ZEN ROOMS provides Services on the Site/Application subject to complete adherence to the Terms by the User. By accessing, viewing, or using this Site/ Application, you acknowledge, declare, confirm and represent & warrant to ZEN ROOMS that you have read and understood the Terms and accept them as a binding legal contract equivalent to a duly signed contract binding on you. This agreement is effective immediately upon your accessing, viewing, or using this Site/ Application. You are advised to regularly check for any amendments or updates to the Terms mentioned herein from time to time. ZEN ROOMS may add to or change, update these Terms from time to time entirely at its sole discretion. Your use of the Site/ Application shall constitute your acceptance to be bound by these Terms and any amendments or revisions thereto. Site/ Application shall not be obliged to notify you, irrespective of the fact that you are registered or not, of any modifications made to the Terms. Your accessing the Site/ Application for purchasing the Services or for mere browsing is subject to the most current version of the Terms appearing on the Site/Application at the time of such use.
XI. Changes or Cancellations by the Guest: Cancellation terms depend on the type of rate chosen at check-out, which may be refundable, non-refundable, or such other term as may be imposed by ZEN ROOMS.
(a) Refundable rate: If, as a Guest, you wish to cancel or amend a confirmed booking made via the Site, Application and Services, the ZEN ROOMS cancellation policy is as follows unless otherwise stated in writing: full refund if cancellation and/or amendment is made up to 2 days (48 hours) before first check-in day; 1 night per room booked charged thereafter (including any optional(s)). Also, the refund will be made to the Guest or Member’s account if ZEN ROOMS cancels a confirmed booking made via the Site, Services, and Application, and such cancellation was not due to any fault of the Guest or Member. ZEN ROOMS will refund the Total Fees for such booking to the applicable Guest or Member within a commercially reasonable time of the cancellation.
(b) Non-refundable rate: In case you opted for a non-refundable rate, no changes or cancellation will be allowed.
XII. Changes or Cancellations by ZEN ROOMS: ZEN ROOMS may, if needed and at its discretion, choose to relocate guests to other ZEN ROOMS listings or choose to refund the Guest. In case of severe issues at a Partner location, guests may be eligible for a full or partial refund from ZEN ROOMS (capped at total order value). In order to be eligible, any Guest complaint(s) must be made within 24 hours of Guest check-in, via phone numbers provided on the Site and Application or by sending an email to [email protected]. Full and/or partial refunds are in no way guaranteed, are at the discretion of ZEN ROOMS, and are subject to verification by ZEN ROOMS staff.
XIII. Damage to Accommodations: As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that a Partner claims any loss or damage and provides evidence of such loss or damage, including but not limited to, photographs or other documentary evidence, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit or debit card on file. ZEN ROOMS also reserves the right to charge the credit or debit card on file, or otherwise collect payment from you and pursue any avenues available to ZEN ROOMS regarding situations in which you have been determined, in ZEN ROOMS’s sole discretion, to have caused any loss or damage to any Accommodation or property situated on or in such Accommodation. If ZEN ROOMS is unable to charge the credit or debit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation. Guests agree to cooperate with and assist ZEN ROOMS in good faith, and to provide ZEN ROOMS with such information and take such actions as may be reasonably requested by ZEN ROOMS, in connection with any complaints or claims made by Guests or Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by ZEN ROOMS or a representative of ZEN ROOMS regarding use or abuse of the Site, Application or the Services.
XIV. The Guests or Member will defend, hold harmless, and indemnify ZEN ROOMS, its employees and agents, at all times from and against any liabilities, losses, damages, costs, and expenses, including but not limited to reasonable attorneys' fees, which ZEN ROOMS, or its employees and agents, may suffer or incur as the result of or in connection with unlawful use of the Services, or any violation of governmental law, regulation, or orders, due to, in whole or in part: (a) the Guest or Member’s breach of any of these Terms; (b) any negligent or wilful acts, errors or omissions by the Guests or Members, its employees, officers, agents, representatives or contractors in the use of the Services.
Terms for Partners and/or Potential Partners
I. ZEN ROOMS Partners are bound by the terms of the individual agreements entered into between ZEN ROOMS and them.
II. No service provider of any kind may associate itself with ZEN ROOMS (as its Partner or otherwise) without ZEN ROOMS’ explicit, written consent.
Other General Terms
I. Proprietary Rights Notices: All trademarks, service marks, logos, trade names and any other proprietary designations (“Marks”) of ZEN ROOMS used herein are trademarks or registered trademarks or property of ZEN ROOMS. Any other Marks not related to ZEN ROOMS are the trademarks or registered trademarks or property of other relevant parties.
II. Copyright Policy: As a pre-condition of use of this Site/ Application, Member or User warrants to ZEN ROOMS that it shall not use this Site/ Application for any purpose that is unlawful, unauthorized, or inconsistent with the Terms, and the User agrees that this license to use ZEN ROOMS’ Site/ Application will terminate immediately upon Member’s/User's violation of this warranty. ZEN ROOMS reserves the right, at its sole discretion, to block/terminate User's access to this Site/ Application and its content at any time, with or without notice. All Content on this Site/ Application, including text, graphics, images, and logos, is the property of ZEN ROOMS or its Content suppliers and is protected by domestic and international copyright laws and regulations. ZEN ROOMS reserves the right to protect its intellectual property rights to the fullest extent under the applicable law.
Unless with the prior written consent of ZEN ROOMS or where allowed under this agreement, nothing herein shall be deemed to grant any ownership rights, or a license to use or otherwise deal with any intellectual property of ZEN ROOMS.
III. Assignment: You may not assign or transfer these Terms without ZEN ROOMS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ZEN ROOMS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms shall be binding on the parties, their nominees, successors and permitted assigns.
IV. Notices: All notices and other communications permitted or required by the provisions of these Terms may be given by electronic mail, post mail or, if by ZEN ROOMS, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or post mail, or immediately upon posting to this Site.
V. Feedback: We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at [email protected] or by calling phone numbers provided on www.zenooms.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of ZEN ROOMS, and you hereby irrevocably assign to ZEN ROOMS all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At ZEN ROOMS’s request and expense, you agree to execute documents and take such further acts as ZEN ROOMS may reasonably request to assist ZEN ROOMS to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You consent to the collection, storage and publication on the Site, Application or otherwise, of any Feedback provided to ZEN ROOMS.
Arbitration Rules and Governing Law
I. These Terms will be interpreted in accordance with the laws of the jurisdiction of Singapore. The parties agree to submit to the jurisdiction of the courts of Singapore for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
II. Dispute Resolution: The parties shall attempt to resolve any dispute arising out of or relating to this agreement through negotiations and discussions in good faith. If the matter is not resolved through such within 30 days from receipt of a written “invitation to negotiate and discuss”, the parties shall attempt to resolve the dispute as follows.
You and ZEN ROOMS agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services or the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and ZEN ROOMS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and ZEN ROOMS otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
I. Waiver: The failure of ZEN ROOMS to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ZEN ROOMS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
II. Severability: If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid, unenforceable or illegal, all other provisions of these Terms will remain in full force and effect. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
III. Confidentiality: The parties agree that they shall keep confidential all confidential information they may herein acquire in relation to the business or affairs of the other party. Neither party shall use the other party’s confidential information for any other purpose other than for its performance of its obligations under the Terms. This clause shall survive the termination of the Terms.
IV. Force Majeure: Neither party shall be liable for any delay or default in performing its obligations under the Terms if such delay or default is caused by conditions beyond their control, including but not limited to, natural disasters, extreme weather conditions, government actions or restrictions, strikes, lock-outs or industrial action, civil commotion, riot, invasion, coup d’état, martial law, state of emergency, wars, terrorism, insurrections, pandemics, epidemics, nuclear incidents, and/or any other cause beyond the control of the party whose performance is affected; provided, however, that adverse economic conditions or general financial or operational constraints are not deemed to be a force majeure event.
Contacting ZEN ROOMS
If you have any questions about these Terms, please contact ZEN ROOMS on [email protected]