Terms and Conditions
Zen eServices Pte Ltd (ZEN ROOMS), a company incorporated under the laws of Singapore having its
registered place of business at 70 Anson Road, Singapore 079905, operates a
branded temporary accommodation network (the “Services”), which Services are
accessible at www.zenrooms.com and
any other websites through which ZEN ROOMS makes the Services available
(collectively, the “Site”) and via Application for mobile devices (the “Application”).
By using the Site and Application, you agree to comply with and be legally
bound by the terms and conditions of these Terms of Service and the Privacy
Policy and Cancellation Policy referred to below (“Terms”), whether or not you
become a registered user of the Services. These Terms govern your access to and
use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal
agreement between you and ZEN ROOMS.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other 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 implies that you agree with 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.
1) Key Terms
Guest means someone who is seeking to rent or made a reservation of an Accommodation via the Site, Application, and Services.
ZEN ROOMS Franchise Partner (or ‘Partner’) means a precise location where accommodation is 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.
ZEN ROOMS Content (or ‘Content’) means all content which ZEN ROOMS makes available through the Site, Application, or Services, including any Content licensed from a third party.
Guest Content means all content which a Guest transmits through the Site, Application or Services.
Collective Content means all Content.
Content means text, graphics, images, music, software, audio, video, information or other materials.
Tax or “Taxes” mean any 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.
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.
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.
3) 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. 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 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, Collective Content will be liable for any incidental, special, exemplary or consequential damages. 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 any service we provide, ZEN ROOMS’ financial responsibility is 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 hereof which are attributable to its own fault, negligence, act or omission, or its agents’.
VI. The Site, Application and Services may contain links to third-party websites or resources. 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. Furthermore 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.
4) 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 the Terms and conditions of sale.
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 related to ZEN ROOMS’s collection of the Total Fees, 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.
V. When the Guest uses the Site/ Application, the Guest agrees and understands that the Guest is communicating with ZEN ROOMS through electronic records and consents to receive communications via electronic records from ZEN ROOMS periodically and as and when required. ZEN ROOMS may communicate by email or by such other mode of communication, electronic or otherwise. Any such electronic communication may be deemed as a binding agreement between the parties, where applicable. The Guest specifically agrees that ZEN ROOMS shall not be responsible for unauthorized access to, alteration or transmission of, any material or data sent or received or not sent or received. Further, ZEN ROOMS will make best efforts to safeguard the confidentiality of the Guest’s personally identifiable information available to it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Site/ Application, the Guest agrees that ZEN ROOMS shall not be liable for disclosure of the Guest’s information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing, the Guest agrees that ZEN ROOMS shall not be held liable or responsible for 'phishing attacks' on the Guest. Guest agrees that Guest shall not use/access this Site/ Application from unsecure computers, communication links, and mobile phones. It is the Guest’s responsibility to set his browser to alert him to accept or to reject cookies.
VI. The Guest agrees, acknowledges, confirms and undertakes that the information/data provided or uploaded onto the Site/ Application by the Guest: (a) shall not be false, inaccurate, misleading or incomplete; or (b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or (c) shall not create liability for ZEN ROOMS or cause ZEN ROOMS to lose (in whole or in part) the Services of ZEN ROOMS’ ISPs or other Service providers/suppliers. If the Guest contravenes the foregoing or ZEN ROOMS has reasonable grounds to suspect that the Guest has contravened the foregoing, ZEN ROOMS has the right to indefinitely deny or terminate Guest's access to the Site/ Application and to refuse to honour the Guest's request(s). The Guest further provides ZEN ROOMS all necessary consents under all applicable laws for the collection, use, and disclosure of its information for the purpose of performing the obligations of the parties under the Terms.
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 Services ordered by the Guest.
(b) In a credit card transaction, Guest must use his own credit card for which Guest has full right & authority to validly use such for making payment to ZEN ROOMS. ZEN ROOMS shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the Guest and the onus to 'prove otherwise' shall be exclusively on 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 your being fully satisfied with the description, look and design of the accommodation and usage fee of the Accommodation as has been 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 a rate chosen at the check-out, which can be refundable or non-refundable
(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 mentioned otherwise 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 customer’s account if ZEN ROOMS cancels a confirmed booking made via the Site, Services, and Application. ZEN ROOMS will refund the Total Fees for such booking to the applicable Guest 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@example.com. 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 damage and provides evidence of such damage, including but not limited to, photographs, 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 damaged any Accommodation. If we are 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 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.
5) 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.
6) 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, by operation of law or otherwise, 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 will bind and inure to the benefit of the parties, their 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 firstname.lastname@example.org 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 will 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.
7) Arbitration Rules and Governing Law
I. These Terms will be interpreted in accordance with the laws of the jurisdiction of Singapore where the registered office of ZEN ROOMS is present, without regard to its conflict-of-law provisions. The parties agree to submit to the personal jurisdiction of a court located in 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: 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.
8) Miscellaneous Provisions
I. Waiver: The failure of ZEN ROOMS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement 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 or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
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, 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.
8) Contacting ZEN ROOMS
If you have any questions about these Terms, please contact ZEN ROOMS on email@example.com