Zenstores Swift Terms of Service

1. About Zenstores and these Terms

1.1. The Zenstores platform (Service) is provided by Mechfeed Ltd (us, we) to Zenstores customers (you, your). The Service is wholly owned by Mechfeed Ltd whose registered number is 08556734 and registered address is Zenstores, Utility House, 3 York Court, Bristol, BS2 8QF. The Service can be found on [www.Zenstores.com](http://www.Zenstores.com) (Website).

1.2. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms of Service (Terms). By using this Service, you also agree that you and your end users will comply with these Terms.

1.3. We may amend these Terms from time to time, including where we introduce new products and services to you to purchase. We will use reasonable endeavours to give you notice of such amendments prior to the effective date of such amendments, but please check these Terms from time to time. Your continued use of the Service after such amendments have come into force will constitute your acceptance of the amended Terms.

2. Eligibility

2.1. You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms of Service.

2.2. The Service is intended for use by persons located within the UK only. If you attempt to access the Service outside the UK, we do not guarantee that the Service will be available nor that it will be applicable to the laws and regulations in your country.

3. Registration and access to Service

3.1. In order to create an account, each account including user accounts must be connected to an individual person. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you.

3.2. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate.

3.3. In the circumstance where you are an organisation, each account must be assigned to an individual employee at that organisation.

3.4. We cannot accept any accounts where accounts are registered or run through automated methods.

3.5. You are responsible for maintaining the security of account login information (username/email & password) as we cannot and will not be liable for any loss or damage from failure to comply with this security obligation. You must notify us immediately in the event of loss of your username/email and password so we can take appropriate action.

3.6. Please note that we never contact users requesting them to confirm their username & password or other details.

4. Carrier Services

4.1. The Service enables you to purchase carrier services (Carrier Services) provided by one of our partner carriers (Carriers). In respect of those Carrier Services:

4.1.1. Your use of the Carrier Services is governed by the terms and conditions applicable to the use of that Carrier Service, which can be found in Clause 4.2 below (Carrier Terms). Please review the Carrier Terms before you purchase the Carrier Service.

4.1.2. By purchasing Carrier Services, you accept the Carrier Terms and agree that you and your end users will comply with the relevant Carrier Terms at all times when using the Carrier Services. Any definitions of “customer” or similar in any Carrier Terms will be deemed to include you and your end users.

4.2. The Carrier Terms for the relevant Carrier Services are as follows:

- For Evri, see [https://www.evri.com/terms-and-conditions](https://www.evri.com/terms-and-conditions)

- For DPD, see [https://www.dpd.co.uk/standard_terms_and_conditions.jsp](https://www.dpd.co.uk/standard_terms_and_conditions.jsp)

- For DHL, see [https://send.dhlparcel.co.uk/parcel-delivery/terms-and-conditions](https://send.dhlparcel.co.uk/parcel-delivery/terms-and-conditions)

4.3. If we become aware of any changes to any Carrier Terms, we will notify you of such changes and your continued use of the relevant Carrier Terms shall be deemed your acceptance of them.

4.4. We reserve the right to remove any Carriers from the Service at any time without liability to you. If you have purchased from a Carrier that is being removed, we will notify you when this occurs.

5. Your use of the Service

5.1. Your use of the Service will be subject to any policies or terms included in or incorporated into the Carrier Terms. Notwithstanding such policies or terms, the following provisions in this Clause also apply to your use of the Service.

5.2. You and your end users may not:

- 5.2.1. licence, sublicense, sell, resell, rent, lease, transfer, assign, distribute or otherwise make the Service available for access or use by any person(s) other than your end users;

- 5.2.2. allow any unauthorised access to, or use of, the Service. You must notify us immediately in the event that you become aware of any such unauthorised access to, or use of, the Service;

- 5.2.3. modify, adapt, decompile, reverse engineer or disassemble the whole or any part of the Service , or create any derivative works from the Service;

- 5.2.4. use the Service in a manner that interferes or disrupts with the provision of the Service by us to third parties;

- 5.2.5. use the Service to upload, store or transmit any malicious code or other similar harmful software such as viruses, malware or trojan horses;

- 5.2.6. use the Service to make any transmission, display or publication of any material which is of a defamatory, offensive, abusive or menacing character to any other person;

- 5.2.7. use the Service for any transmission, display or publication of any material in breach of the Data Protection Act 2018 (or any amending statute) dealing with data protection or similar legislation in any other country of any material which is confidential or is a trade secret;

- 5.2.8. use your account for any illegal, fraudulent or unauthorised purpose. You must use the Service in accordance with all applicable laws and regulations;

- 5.2.9. transfer your account to any third party without our express permission.

5.3. You agree to indemnify Zenstores against all and any losses, costs and expenses Zenstores may incur as a result of any breach by you or your end users of the obligations in clause 5.2 above.

6. Storage and processing of personal data

6.1. We may process personal data on your behalf to enable various features and functionality of the Service.

6.2. If we need to share personal data with a Carrier on your behalf in order for you to use the Carrier Service, you instruct us to share personal data with that Carrier to the extent required for the use of the Carrier Service. If a Carrier processes personal data that we share with the Carrier on your behalf then by entering into the Carrier Terms, you will appoint that Carrier as a processor of personal data and the Carrier’s processing of personal data will be governed by the Carrier Terms.

6.3. For more information about how your personal data will be collected, shared, used and stored please visit our Privacy Policy here: [www.zenstores.com/privacy/](http://www.zenstores.com/privacy/).

7. Marketing information

We comply with your personal communication preferences. These can be viewed within your account and our policies are outlined in our Privacy Policy: [www.zenstores.com/privacy/](http://www.zenstores.com/privacy/)

8. Changes to the Service

8.1. We may update the Service from time to time and may change any of the content that is uploaded by us or our partners at any time. However, we are under no obligation to update the Service and we do not guarantee that the Service, or any content on it, will be free from errors or omissions.

8.2. We may modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

9. Pricing, payment and pre-payment

9.1. Depending on which plan you use, you shall be billed for the Service on either a monthly or annual basis, at the prices set out at [www.zenstores.com/pricing](http://www.zenstores.com/pricing). These prices are exclusive of the Carrier Service(s) you have selected, the prices for which are volume-based and are displayed when you select the Carrier Service. It is your responsibility to review your selected Carrier Service(s) regularly for any changes in their prices, as your continued use of the Service shall be deemed your acceptance of those prices for the Carrier Service.

9.2. You may incur additional charges applicable to your subscribed Service, including where additional charges are levied by the Carrier for the relevant Carrier Service (for example any payment for unexpected overage). If this happens, we shall notify you of these additional charges, and these shall be added to your next bill.

9.3. As part of our Service we can offer you the ability to purchase certain volumes for Carrier Services in advance (Pre-pay). In such cases, if we offer you the ability to pre-pay for certain volumes and if you choose to pre-pay for any services, such amounts are non-refundable.

9.4. We may review and change our prices for the Service from time to time. If we do, we will provide you with 30 days’ notice of any change in the prices.

10. Limitation of liability

10.1. We shall not be liable to you for any loss of profits, loss of business, loss of data or any indirect or consequential loss or damage howsoever arising, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

10.2. Our total liability in respect of all claims arising out of or in connection with the Service, whether in contract, tort (including negligence) or otherwise, shall be limited to the amount paid by you in the 12 months preceding the claim.

10.3. Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from our negligence or for any other liability that cannot be excluded or limited by law.

11. Termination

11.1. We may terminate your access to the Service at any time and for any reason. In this event, we will refund any unused amounts of Service fees that you have paid in advance.

11.2. You may terminate your use of the Service at any time by providing us with written notice of termination. Upon termination, we will refund any unused amounts of Service fees that you have paid in advance.

11.3. Termination will be effective as of the end of the current billing period.

12. Miscellaneous

12.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

12.2. These Terms are governed by and construed in accordance with the laws of England and Wales, and any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

12.3. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

12.4. Any waiver of any provision of these Terms will only be effective if in writing and signed by us.

13. Contact

13.1. If you have any questions or concerns about these Terms or the Service, please contact us at [support@zenstores.com](mailto:support@zenstores.com).

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