Terms and Conditions

1. Introduction

Welcome to ZenGenUSA.com ("Website", "Site"), operated by ZenGen USA, located at 95-1107 Koolani Drive #226, Mililani, HI, 96789, United States. This Site offers visitors an e-commerce platform to purchase handmade soaps, scented candles, and other related products.

By accessing and using this Site, you agree to comply with and be bound by these Terms and Conditions ("Terms", "Agreement"). Please read these Terms carefully. If you do not agree to these Terms, you must not use the Site.

For any questions or concerns related to these Terms or our services, you may contact us at zengen@zengenusa.com.

These Terms apply to all users of the Site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or content contributors.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Hereby, it is affirmed and represented that all policies promulgated and implemented on our website are in compliance with, and not in contravention of, the merchandise guidelines as set forth by Google Merchandise, Shopify, Meta, Pinterest, and all other predominant online shopping platforms. All necessary measures have been undertaken to ensure the full adherence to these guidelines and to mitigate any potential non-conformities or discrepancies.

 

2. User Registration and Account

2.1. Eligibility: To utilize certain features on ZenGenUSA.com and participate in purchasing products, the user may be required to create an account ("Account"). You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is older, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

2.2. Registration Process: To create an Account, users must provide accurate, current, and complete information as prompted by the registration process, including a valid email address. You are responsible for updating and maintaining the accuracy of this information at all times.

2.3. Account Security: You are solely responsible for safeguarding your ZenGenUSA.com login credentials, including the confidentiality of your password. You accept responsibility for any and all activities or actions that occur under your Account, whether your password is with our Service or a third-party service. Promptly notify ZenGenUSA.com of any unauthorized use of your Account or any other breach of security.

2.4. Account Restrictions: Your Account on ZenGenUSA.com is personal to you, and you may not transfer, assign, or sublicense it to anyone else. Any such transfer, assignment, or sublicense is null and void.

2.5. Multiple Accounts: Users are generally discouraged from creating multiple Accounts on ZengenUSA.com. In instances where such actions are detected, ZenGenUSA.com reserves the right, in its sole discretion, to suspend or terminate any duplicate Accounts.

2.6. Account Termination by ZengenUSA.com: We reserve the right, in our sole discretion, to refuse service, suspend or terminate accounts, or remove or edit content if we believe, in our sole judgment, that user conduct violates applicable law or is harmful to the interests of ZenGenUSA.com or its users.

2.7. Account Cancellation by User: Users may choose to terminate or cancel their Account at any time. Upon cancellation, the user acknowledges that ZenGenUSA.com may retain some information for record-keeping purposes, in accordance with our Privacy and Data Protection policy.

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3. PRODUCTS AND SERVICES

3.1. Product Descriptions: ZenGenUSA.com strives to ensure that the product descriptions, images, and pricing are as accurate and complete as possible. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product offered by ZenGenUSA.com is not as described, your sole remedy is to return it in unused condition as detailed in our Returns and Refunds section.

3.2. Product Availability: All products listed on ZenGenUSA.com are subject to stock availability. We strive to maintain accurate stock counts on our website. However, there may occasionally be discrepancies, in which case we reserve the right to not supply a particular item. In such cases, we will notify you and provide options for an alternative product or a refund.

3.3. Quality Assurance: Each product offered on ZenGenUSA.com is handmade and may have natural variances in appearance and scent. These differences do not indicate a defect but rather are a testament to the uniqueness of each product.

3.4. Services: Any additional services provided by ZengenUSA.com, including but not limited to, custom orders, bespoke products, or gift-wrapping, will be described and priced accordingly on the Site.

3.5. Pinterest Compatibility: Our product listings and services have been tailored to comply with the Pinterest Merchandise Account Guidelines. When sharing our product listings on Pinterest, users are responsible for ensuring that their posts do not infringe any of Pinterest's terms and conditions.

3.6. Safety & Allergies: All ingredients used in the products are listed on the Site. Users with allergies or skin sensitivities are advised to read the ingredient list carefully and conduct a patch test prior to using any product. ZenGenUSA.com shall not be liable for any allergic reactions or skin sensitivities as a result of using the products.

3.7. Use of Products: Products sold by ZenGenUSA.com are for personal use only and are not intended for resale. Any resale of our products without the express written consent of ZenGenUSA.com is strictly prohibited.

3.8. Changes & Discontinuation: ZenGenUSA.com reserves the right, at its sole discretion, to modify, discontinue, or terminate any product or service offered on the Site at any time without prior notice.

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4. ORDERING PROCESS

4.1. Browsing Products: Users can freely browse and select from the assortment of products available on ZengenUSA.com. Detailed information regarding each product, including descriptions, pricing, and availability, is provided on the respective product pages.

4.2. Cart and Checkout: Once a user has selected products for purchase, they can review these products in their shopping cart. The user can modify quantities, remove items, or proceed to checkout from this cart. During the checkout process, users will be prompted to provide shipping details, select a payment method, and review their order before finalizing the purchase.

4.3. Order Confirmation: Upon successful order placement, users will receive an email confirmation containing the order details, including items purchased, total amount charged, shipping details, and an order number for reference.

4.4. Order Modifications and Cancellations: Users are advised to carefully review their orders before confirmation. Once an order is placed, any modifications or cancellations are subject to ZengenUSA.com's discretion and may incur restocking or processing fees. Users wishing to modify or cancel their orders should contact ZenGenUSA.com immediately, referencing their order number.

4.5. Payment Verification: ZenGenUSA.com reserves the right to verify the payment details provided by the user. This may involve holding the order until the payment method is verified. In cases where verification is unsuccessful or deemed fraudulent, ZenGenUSA.com reserves the right to cancel the order and notify the user accordingly.

4.6. Pinterest Merchandise Account Guidelines Compliance: Users linking their orders or sharing their purchase experiences on Pinterest must ensure that such actions comply with Pinterest's terms of service and the Pinterest Merchandise Account Guidelines.

4.7. Order Limitations: ZenGenUSA.com reserves the right to reject or limit the quantity of any order, for any reason, including and not limited to, bulk orders that appear to be placed by dealers, resellers, or distributors.

4.8. Backorders: In the event that a product is unavailable at the time of purchase but expected to be in stock at a later date, the user may have the option to place a backorder. Users will be notified of the expected restock date, and the product will be shipped as soon as it becomes available.

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5. PRICES AND PAYMENT

5.1. Product Pricing: All prices displayed on ZenGenUSA.com are quoted in United States Dollars (USD). While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. ZenGenUSA.com reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

5.2. Taxes: Applicable sales tax will be added to all purchases as deemed required by ZengenUSA.com. The user is responsible for all taxes applicable to the products purchased through the Site.

5.3. Payment Methods: ZenGenUSA.com accepts various methods of payment, including credit and debit cards, and other online payment methods as indicated at checkout. By submitting an order, you authorize ZenGenUSA.com or its designated payment processor to charge the provided account for the total amount of your order, including any applicable taxes and other charges.

5.4. Payment Security: All payment-related transactions on ZenGenUSA.com are encrypted using industry-standard SSL technology to ensure the security of user information. We do not store complete credit card information on our servers; instead, we rely on trusted third-party payment processors.

5.5. Promotions and Discounts: Occasionally, ZenGenUSA.com may offer promotional prices or discounts. All promotions and discounts will be applied subject to the terms and conditions specified at the time of the promotion.

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6. SHIPPING AND DELIVERY

6.1. Shipping Methods: ZenGenUSA.com offers various shipping methods, with costs and delivery times varying based on the chosen method and destination. Available shipping options will be presented during the checkout process.

6.2. Processing Time: Most orders are processed within 2-5 business days. Custom or large orders may require additional processing time. Users will be informed of any significant delays in processing.

6.3. Delivery Estimates: The estimated delivery date will be provided during the checkout process and in the order confirmation email. While we aim to ensure timely delivery, actual delivery times may vary due to factors beyond our control.

6.4. Shipping Restrictions: ZenGenUSA.com reserves the right to restrict or refuse shipping to any location due to logistical issues or concerns about fraud. In such cases, affected users will be informed, and alternate shipping addresses may be requested.

6.5. Order Tracking: Where available, users will be provided with tracking numbers to monitor their order’s delivery progress.

6.6. Shipping Liability: Upon dispatch from our facility, the risk of loss or damage to products in transit passes to the user. ZenGenUSA.com is not responsible for delays, lost packages, or damage caused by the shipping carrier.

6.7. International Shipping: For orders shipped outside the United States, the recipient is the importer of record and is responsible for any import taxes, customs duties, and fees levied by the destination country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be.

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7. RETURNS AND REFUNDS

7.1. Return Eligibility: Products purchased from ZenGenUSA.com may be returned within 30 days of receipt, provided they are in new, unused, and original condition, including all original packaging. Any items that show signs of use or are not in the original condition will not be accepted for return.

7.2. Initiating a Return: To begin the return process, users must contact ZenGenUSA.com at zengen@zengenusa.com with their order number, reason for return, and any relevant photos if the return is due to a product defect or shipping damage.

7.3. Return Shipping: The user is responsible for return shipping costs unless the return is due to a product defect or an error on ZengenUSA.com's part. In such cases, ZenGenUSA.com will provide a pre-paid return shipping label.

7.4. Refund Processing: Upon receipt and inspection of the returned item(s), a refund will be processed to the original payment method. Refunds typically appear on financial statements within 5-10 business days, depending on the user's financial institution.

7.5. Exchanges: If users wish to exchange a product, they should initiate a return and place a new order for the desired item. Exchanges are subject to product availability.

7.6. Non-refundable Items: Certain items, such as custom or personalized products, clearance items, and gift cards, are non-refundable unless defective upon receipt.

7.7. Returns and Pinterest: If any product was promoted or shared on Pinterest in association with a user’s purchase, users should ensure that any return or refund actions remain consistent with Pinterest Merchandise Account Guidelines.

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8. INTELLECTUAL PROPERTY RIGHTS

8.1. Ownership: All content present on ZengenUSA.com, including but not limited to text, graphics, logos, images, videos, and software, is the property of ZenGenUSA.com or its content suppliers and is protected by United States and international copyright laws.

8.2. License: ZenGenUSA.com grants users a limited, non-exclusive, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include any rights to reproduce, duplicate, copy, sell, or otherwise exploit the Site or its content for commercial purposes without express written consent from ZengenUSA.com.

8.3. Prohibited Uses: Users are prohibited from modifying, distributing, transmitting, displaying, publishing, selling, licensing, or creating derivative works from any content available on ZengenUSA.com.

8.4. Trademarks: The ZenGenUSA.com logo, and any other product or service names, logos, or slogans used on the Site, are trademarks of ZenGenUSA.com and may not be copied, imitated, or used, in whole or in part, without prior written permission.

8.5. Protection of Rights: ZenGenUSA.com will enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution where applicable.

8.6. Reporting Infringements: If any user believes their intellectual property rights are being infringed upon by content on ZengenUSA.com, they should contact us promptly with detailed information so the matter can be addressed.

8.7. Pinterest and Intellectual Property: All users sharing ZenGenUSA.com content or products on Pinterest must ensure they adhere to Pinterest's terms of service and give proper attribution to ZengenUSA.com, respecting all intellectual property rights and the Pinterest Merchandise Account Guidelines.

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9. PRIVACY AND DATA PROTECTION

9.1. Commitment to Privacy: ZenGenUSA.com is committed to protecting the privacy and confidentiality of our users. All personal information provided to us is treated with utmost care and in accordance with our Privacy Policy.

9.2. Data Collection: When users visit or make a purchase from ZengenUSA.com, we may collect personal information such as name, email address, shipping address, payment details, and other relevant data required to process orders or provide user support.

9.3. Data Usage: The collected data is used to fulfill orders, communicate with users regarding their orders or any potential issues, respond to inquiries, process returns or exchanges, and send updates about our products and services.

9.4. Data Protection: ZenGenUSA.com implements a variety of security measures, including SSL encryption, to ensure the safety of users' personal data. Payment details are processed by trusted third-party providers and are not stored on our servers.

9.5. Third-party Sharing: ZenGenUSA.com does not sell, trade, or transfer users' personally identifiable information to external parties without user consent, except as required to fulfill services (e.g., shipping or payment processing) or comply with the law.

9.6. Cookies and Tracking: We use cookies and similar technologies to enhance the user experience, analyze site traffic, and for marketing purposes. Users can control cookies through their browser settings.

9.7. User Rights: Users have the right to access, modify, or delete their personal data stored by ZengenUSA.com. Requests related to data rights should be directed to zengen@zengenusa.com.

9.8. Pinterest Integration: Users who interact with ZenGenUSA.com through Pinterest or share our content/products on Pinterest should be aware of Pinterest's privacy policy and data handling practices.

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10. DISPUTE RESOLUTION

10.1. Good Faith Negotiations: Any disputes arising out of or relating to the Terms and Conditions, use of ZengenUSA.com, or any products or services offered must first be addressed through good faith negotiations between the disputing parties.

10.2. Binding Arbitration: If such negotiations do not lead to a mutual resolution, then the dispute shall be resolved by binding arbitration in Mililani, Hawaii, in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association.

10.3. Class Action Waiver: Both users and ZenGenUSA.com agree to waive any rights to initiate or participate in any class action or representative action regarding disputes and agree to pursue individual claims through the methods outlined herein.

10.4. Governing Law: These Terms and Conditions shall be governed by and construed under the laws of the State of Hawaii without regard to its conflict of law rules.

10.5. Exceptions to Arbitration: Notwithstanding the above, both parties retain the right to bring an individual action in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

10.6. Pinterest and Disputes: Disputes arising from or related to content, products, or actions on Pinterest are subject to Pinterest's terms and dispute resolution procedures. Users must ensure any claims or disputes remain consistent with Pinterest Merchandise Account Guidelines.

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11. TERMINATION OF ACCOUNTS OR SERVICES

11.1. User Initiated Termination: Users may choose to terminate their account with ZenGenUSA.com at any time. To initiate this process, users must send a termination request to zengen@zengenusa.com. Following the termination, the user's account and personal data will be deleted, though some information may be retained for legal, security, or business reasons.

11.2. ZenGenUSA.com Initiated Termination: ZenGenUSA.com reserves the right to suspend or terminate a user's account or access to services without prior notice under certain conditions, including but not limited to suspected fraudulent activity, breach of these Terms and Conditions, or non-payment of owed amounts.

11.3. Effects of Termination: Upon account termination, the user will lose access to any information, content, or data associated with their account. Any outstanding obligations, including payments, shall remain due and enforceable.

11.4. Survival: Provisions of these Terms and Conditions that, by their nature, should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

11.5. Pinterest Impact: Users who have linked or promoted their ZenGenUSA.com accounts or products on Pinterest are responsible for managing and, if necessary, terminating such connections on Pinterest in accordance with Pinterest's guidelines.

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12. ELECTRONIC COMMUNICATIONS

12.1. Consent to Electronic Communications: When users visit ZenGenUSA.com or send emails to zengen@zengenusa.com, they are communicating with ZenGenUSA.com electronically. Users thereby consent to receive communications from ZenGenUSA.com electronically. ZenGenUSA.com will communicate with users by email or by posting notices on the site.

12.2. Legal Equivalency: Users acknowledge and agree that all agreements, notices, disclosures, and other communications that ZenGenUSA.com provides to them electronically satisfy any legal requirement that such communications be in writing.

12.3. Opt-out Option: Users who no longer wish to receive electronic communications may opt out by following the unsubscribe instructions provided in the communication or by reaching out to zengen@zengenusa.com.

12.4. Security of Electronic Communications: While ZenGenUSA.com employs measures to protect the security of its electronic communications, users acknowledge that no electronic transmission is entirely secure. Users send electronic communications to ZenGenUSA.com at their own risk.

12.5. Pinterest Messaging: If users choose to communicate with ZenGenUSA.com or promote its products through Pinterest's messaging or notification systems, they should be familiar with and adhere to Pinterest's terms and guidelines related to electronic communications.

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13. LICENSE AND SITE ACCESS

13.1. Grant of License: ZenGenUSA.com grants users a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the website. This license does not include any rights to resell or commercially use the website, its content, or its products; any collection and use of product listings, descriptions, or prices; or any derivative use of the website or its content.

13.2. Restrictions: Users may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the website for any commercial purpose without the express written consent of ZengenUSA.com. They are also prohibited from utilizing framing techniques to enclose any trademark, logo, or other proprietary information without ZengenUSA.com's express written consent.

13.3. Termination of License: If users violate any of these Terms and Conditions, their permission to use and access ZenGenUSA.com may be terminated or revoked by ZenGenUSA.com at its discretion, without prior notice.

13.4. Software: Any software that may be available on or through the website is the copyrighted work of ZenGenUSA.com or its suppliers. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software.

13.5. Pinterest Integration: Any integration, use, or promotion of ZenGenUSA.com on Pinterest must comply with both ZengenUSA.com's and Pinterest's terms and guidelines. Any breaches of Pinterest's terms that relate to our products or site may result in actions described in the "Termination of Accounts or Services" section.

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14. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

14.1. User-Generated Content: Users may post reviews, comments, photos, and other content, submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, or commercial solicitation.

14.2. Grant of Rights: By submitting content, unless ZenGenUSA.com indicates otherwise, users grant ZenGenUSA.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Users also grant ZenGenUSA.com the right to use the name that they submit in connection with such content.

14.3. Truthful Representation: Users represent and warrant that they own or control all of the rights to the content that they post; that the content is accurate; that use of the content they supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that they will indemnify ZenGenUSA.com for all claims resulting from content they supply.

14.4. Content Removal: ZenGenUSA.com has the right, but not the obligation, to monitor, edit, or remove any activity or content. ZenGenUSA.com takes no responsibility and assumes no liability for any content posted by users or any third party.

14.5. Pinterest Guidelines: Users who share, review, or comment on ZenGenUSA.com products via Pinterest must adhere to Pinterest's guidelines for user-generated content and ensure their actions are in line with Pinterest Merchandise Account Guidelines.

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15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

15.1. No Warranties: The ZenGenUSA.com website, its content, and all products and services offered are provided on an "as is" and "as available" basis. ZenGenUSA.com makes no representations or warranties of any kind, express or implied, as to the operation of the website, the information, content, materials, or products included on the website. Users expressly agree that their use of the website is at their sole risk.

15.2. Disclaimer: To the fullest extent permissible by applicable law, ZenGenUSA.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. ZenGenUSA.com does not warrant that the website, its servers, or email sent from ZenGenUSA.com are free from viruses or other harmful components. ZenGenUSA.com will not be liable for any damages of any kind arising from the use of the website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

15.3. Limitation of Liability: Under no circumstances, including negligence, shall ZengenUSA.com, its affiliates, or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or the inability to use, this website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ZenGenUSA.com has been advised of the possibility of such damage.

15.4. Applicable Law: Some jurisdictions do not allow exclusions of implied warranties or limitations on liability for incidental or consequential damages, so the above limitations or exclusions may not apply to some users. In such jurisdictions, ZengenUSA.com's liability shall be limited to the greatest extent permitted by law.

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16. CHANGES TO TERMS AND CONDITIONS

16.1. Right to Modify: ZenGenUSA.com reserves the right to make changes to the website, its policies, and these Terms and Conditions at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

16.2. User's Responsibility: It is the responsibility of the user to review these Terms and Conditions periodically to be aware of any changes. Continuing to use ZenGenUSA.com after such changes have been made will signify the user's assent to and acceptance of the revised terms.

16.3. Notification: Although ZenGenUSA.com may, from time to time, notify users of changes to these Terms and Conditions, it is not under any obligation to do so. Any changes will be effective immediately upon posting to the website.

16.4. Pinterest Alignment: Should Pinterest's Merchandise Account Guidelines or general terms and conditions undergo significant changes, ZenGenUSA.com reserves the right to adjust these Terms and Conditions accordingly to maintain alignment and compliance.

 

17. MISCELLANEOUS

17.1. Governing Law: These Terms and Conditions and the relationship between users and ZenGenUSA.com shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law provisions. Users agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Hawaii for any disputes arising out of or related to the website or these Terms and Conditions.

17.2. Severability: If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms and Conditions remain in full force and effect.

17.3. Waiver: No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision, and ZengenUSA.com's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

17.4. Assignment: Users may not assign or transfer their rights or obligations under these Terms and Conditions without the prior written consent of ZengenUSA.com. ZenGenUSA.com may assign its rights and duties under these Terms and Conditions without such consent or notice.

17.5. Entire Agreement: These Terms and Conditions, along with ZengenUSA.com's Privacy Policy and any other legal notices published on the website, shall constitute the entire agreement between users and ZenGenUSA.com concerning the use of the website.

17.6. Force Majeure: Neither ZenGenUSA.com nor users shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond their reasonable control.

17.7. Headings: The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. They are not to be used in interpreting or construing these Terms and Conditions.

17.8. Contact: Questions or concerns related to these Terms and Conditions should be directed to: zengen@ZenGenUSA.com or by mail to 95-1107 Koolani Drive #226, Mililani, HI, 96789, United States.