Entry into force: 4 June 2018
Last updated: 3 June 2020
Accessing, browsing, registering and/or using the Zen to Go services indicates your voluntary acceptance of all the terms and conditions in this document, so please read this agreement carefully before your registration, browsing and use of the Zen to Go Platform.
These terms and conditions are intended to regulate the access, use, advertising and ecommerce on the website of the company called Plataformas Zen Mexico, Sociedad Anónima de Capital Variable, residing at Av. CTM Manzana 164 Lote 001, Local 07, Zazil-Ha, Playa del Carmen, Quintana Roo, CP 77710, Mexico and with Federal Register of Taxpayers (RFC) PZM170127Q15.
Plataformas Zen México, S.A. de C.V. is a company legally constituted by the mercantile laws of the United Mexican States and has all the necessary permits for the provision of services it performs and declares itself to be the legitimate owner of the Zen to Go trademark, according to the registration of the trademark 2045039 before the Mexican Institute of Industrial Property (IMPI). For the purposes of this document, Plataformas Zen México, S.A. de C.V. will also be referred to as Zen to Go.
These terms are based on the provisions of Articles 76 bis and 76 bis 1 of the Federal Consumer Protection Law and observing the recommendations of the Mexican Standard NMX-COE-001-SCFI-2018, published in the Official Gazette of the Federation on April 30, 2019, which establish the provisions to which all persons defined by that Mexican standard as Customers shall be subject when entering the site www.zentogo.com.mx, seeking at all times, to guarantee, transparency, information and proper guidance on the navigation and conduct of any type of transaction through the website.
Regarding the therapeutic services offered by Zen to Go, there is a basis according to the Mexican Official Standard NOM-017-SSA3-2012 Regulation of health services. For the practice of human acupuncture and related methods
With regard to the protection of personal data is based according to the Federal Law on Protection of Personal Data in Possession of Individuals in Articles 16, 18, 19, 22, 24, 25, 26 and other relevant; ensuring users at all times, the principles of legality, consent, quality, purpose, loyalty, proportionality and responsibility on the right to protection of personal data; as well as internationally with the principles of protection of the privacy of personal data conceived in the General Regulation of Protection of Data, with reference to Chapter V called Transfers of personal data to third countries or international organizations and in accordance with the right that the holder of personal data has, to request access, rectification, cancellation or opposition on the treatment of his data (ARCO Law).
Customers may make a formal complaint, when Zen To Go harm or not respect these terms and conditions of technology service of Zen To Go, through the provisions of the Federal Consumer Protection Act, for more information enter the following link: https://www.gob.mx/profeco/articulos/proceso-y-requisitos-de-quejas-y-denuncias?idiom=es
Zen to Go reserves the right to modify at any time these Terms and Conditions, as well as any other general or particular conditions resulting from the use and development of the Website itself. Also, the right to suspend, interrupt or cease operating the Website at any time for sufficient reason.
Zen to Go provides its Users with free access without discrimination to any public as described in the Federal Law to Prevent and Eliminate Discrimination, provided that the provisions of this document and the registration processes are complied with.
These Terms and Conditions are intended to regulate access to content and use of the Digital Platform called Zen to Go and also to present the user the scope, rights, responsibilities and all conditions of service delivery offered by Zen to Go.
Zen to Go may hold legal acts with companies, individuals National and International with the aim of improving the digital platform. It may also accredit its processes and quality of services by means of the certifications it considers relevant.
For the purposes of this document:
Zen to Go: Commercial name of Plataformas Zen México S.A. de C.V.
Platform: Web site and/or application managed by Plataformas Zen México S.A. de C.V., which serves as a digital platform and intermediary between Clients and Therapists with the objective of facilitating services of in-home massages.
Customer: All those people who use the Platform with reasons for booking professional massage provided by our team of certified therapists.
Therapists: All those professionals registered in Zen to Go, and eligible to provide their services autonomously, through the Platform.
Users: Clients and/or Therapists with an account on the Platform
Services: Professional massage at home (home, hotel, office, or other place of service)
Reservation: Service in-home massagerequested by the Customer through the Platform, for a specific time, duration, type of massage and place. A reservation may contain one or more massages.
Zen to Go, Clients and Therapists hereby acknowledge and agree to the Terms and Conditions described herein.
On the services that Zen to Go makes available to its users through its digital platform, determines that are for legal purposes, therapeutic, professional and high quality in the field of personal care, health and beauty, having all the contents of the digital platform which owns the market in general.
This digital platform is protected by intellectual property rules, including the protection of software, trademarks, photographs, content, development, web design, images, videos and logos, without this description implies any limitation of nature.
The Services described in the following paragraphs may be used by national and/or foreign individuals over 18 years of age and/or national and/or foreign companies that massively contract the services offered by Zen to Go.
Zen to Go provides its Users with free and non-discriminatory access to its Platform to the general public as described in the previous paragraph.
The Users recognize in this act that it is their will to navigate and register in Zen to Go and it is presumed that they act in good faith, in the use of this Platform, avoiding fraud and error and complying with the requirements of the Law and those necessary to form part of the Users registered in its Platform.
Zen to Go offers its users a complete and developed digital platform, which serves as an intermediary in the recruitment of professional massage services at home between the client and the therapist, so Zen to Go disclaims any responsibility or obligation with respect to the service, therapists and customers themselves, and that the platform has no control over the conduct of customers or therapists.
In other words, Zen to Go is a digital medium, where Clients who want Professional Massage Services at home coincide with Therapists who are willing to provide such Services.
All services offered by Zen to Go are and will be the property of Zen to Go and will be aimed at promoting muscle relaxation, mental and personal well-being.
To use the Zen to Go Services, both Clients and Therapists must create an account on the Platform, which is free to open.
Users are solely responsible for providing and keeping up to date all information provided to the Platform, as well as any action taken under their account on the Platform.
The User understands that, when creating his/her account on the Platform, he/she will be subject to the Platform's privacy policies.
The User profile registration process must be carried out according to the requirements requested by Zen to Go in order for the account to be generated successfully. As a minimum, the account creation will require the following information according to the User:
The User's account in Zen to Go will be used to access at any time the registered profile, contract and provide the Services described above for both Clients and Therapists and make the best use of the Platform.
The profile of the User's account may be edited and modified with respect to their data as often as necessary, so that such data are always updated and in force and so that at the time of access there is no impediment or error of false information or benefits not found.
In the event that the information for registration is false, inconsistent or lacking in legality, act with malice aforethought and/or error either with the Users, the Services and false data and/or with the Platform itself. Zen to Go shall have the free right to immediately suspend or cancel the User's account, without prior notice, and shall be liable at all times for any damages caused.
Zen to Go states that for the provision and booking of the Services set out in these Terms and Conditions, the User must keep the User account active so that it can carry out the communication and assignment of the Service in accordance with what you request and know your procedural status with the Service you require. In the event of a computer conflict of the account must be communicated immediately to the contact email email@example.com of Zen to Go, and this in turn will guide the user.
The types of massages that are offered are:
Massages can be requested in the following modalities or sessions:
All Services must be performed at the address established by the Customer and the colony of this can not be changed once the reservation is confirmed.
The above numerals may be modified at any time by Zen to Go, adding, limiting and/or modifying the types of Services offered.
Prices for Services provided through the Platform are subject to change without notice. All prices include Value Added Tax (V.A.T.) and are charged per time period.
Zen to Go offers three methods of payment when booking:
* In the case of payments in stores or via banks, Users will have twelve (12) hours to make the payment and it is required that the reservation be generated at least twenty-four (24) hours before the start of the same.
The card data entered will be processed with SSL encryption. To make payments by credit or debit card, you must enter the CVV (Card Verification Value) code, which is a code recorded on the card that works as a security measure in e-commerce transactions. Credit cards will be subject to authorization and verification by their issuers; if those issuers do not authorize payment, Zen to Go will not be responsible for delays or missed deliveries. The following are reasons why your card may be declined
The payment methods of the Services may be modified at any time by Zen to Go and its mention in the Platform does not limit to modify or include other methods in the future.
All charges made through the Platform, including debit and credit card charges, at OXXO stores or banks, are processed by a payment processor. The payment processor at this time is www.conekta.com. The Platform reserves the right to change the payment processor without prior notice when necessary. The commission costs originated by the payment processor for each reservation are covered by the Platform. However, the Platform is not responsible for the following transaction costs that may arise with each booking:
The Client agrees that the Services are provided by independent Professional Therapists and are for relaxing use only and are fully professional.
The Client accepts that the Service is performed at his/her own risk and under no condition will sexual conduct, aggression and/or violence be allowed between the parties; if there is omission and/or violation of this paragraph may incur legal action of the offended party (victim). The parties hereby accept the demarcation of Zen to Go, as the Platform, owned by the company, only acts as an intermediary between the Client and the Therapist.
The Client agrees that the Service is performed at his/her own risk so that Clients who are medicated, suffer from muscle or bone disease, or are in their first trimester of pregnancy, should not request a massage.
The Client should consult his/her physician if he/she has any doubts before requesting a massage. If the massage is requested by the Client for a third person, the Client must recommend the same to that person.
The Client must comply with the sanitary protocol related to the COVID-19 that is communicated here.
The Client must guarantee the Therapist's access to the home and at the start time indicated in the reservation. The Client will do everything necessary to ensure that the home has a sufficiently large and safe space for the Therapist to provide the Services indicated in the reservation. In the event that the Therapist cannot access the Client's home for reasons not attributable to the Therapist, the reservation will be cancelled by the Platform without the possibility of claiming or reimbursing the Client.
The Customer undertakes to be available at the address and at the starting time indicated in the reservation. The Therapist will remain at the home and give up to 20 minutes of tolerance to the Client after the start time indicated in the reservation. In the event that the Client is not available after the 20 minutes of tolerance, the Therapist may leave the home. The minutes the Therapist waits will not be compensated in the Service nor will they imply any discount or refund to the Client.
Zen to Go acts as an intermediary between the Therapist and the Client, excluding itself from any obligation regarding the commercial act outside of what is stipulated in this document.
The Services indicated in the booking will be provided solely and exclusively by the Therapist who requests the booking and is confirmed by the Platform. The Therapist will provide only the Services indicated by the Client in the Booking, in the place and within the time established therein indicated.
Under no condition shall sexual conduct, assault and/or violence be permitted between the parties; if there is omission and/or violation of this paragraph may incur legal action by the offended party (victim). The parties hereby accept the demarcation of Zen to Go, as the Platform, owned by the company, only acts as an intermediary between the Client and the Therapist.
The therapist must comply with the health protocol related to COVID-19 that is communicated here.
The therapist recognizes that the service provided to clients will comply with all the provisions of the Mexican Official Standard NOM-035-STPS-2018, published on the website of Zen To Go and that for any specific situation of the policy will follow the established protocols.
The Therapist expressly authorizes the Platform to fix the prices of the Services offered on the Platform according to numeral V of these Terms and Conditions.
The Therapist authorizes the Platform to charge and retain a commission for the Services provided by the Therapist through the Platform. This commission is set by the Platform and may vary, at the discretion of the Platform, depending on local market conditions, among other factors.
The Platform will inform the Therapist in advance of any change in the calculation of the commission. The continued use of the Platform and acceptance of new reservations by the Therapist constitutes acceptance of that change.
Impunctuality directly and negatively impacts the Customer Service and therefore the Therapist must "check in" with Zen to Go as soon as he arrives at the Customer's home. The "check in" will serve as a record of any possible complaint of the Client about the punctuality of the therapist, as well as security for the Therapist. The "check in" must be carried out through the Platform so that the location and time of arrival are saved in the digital records of the Platform.
Zen to Go acts as an intermediary between the Therapist and the Client, excluding any obligation with respect to the commercial act or service outside the stipulations of this document.
The Specific Conditions for Professional Therapists sets forth the conditions that Therapists must meet above these Terms and Conditions.
a. Booking one or two massages
No modifications to an existing reservation are accepted except for: 1) complete or partial cancellations; 2) changes to the massage technique; 3) who the massage is for; and/or, 4) specific indications for the therapist. Partial cancellations can be made on reservations that have two massages. All cancellations initiated by the Client, complete or partial, carry the following penalties for the Client:
All cancellations must be made through the Platform.
The penalty percentages are applied to the net cost plus VAT of the cancelled massage(s). In no case or circumstance will refunds or refunds be made in cash. However, the Platform may grant balances in favour of the Client for use in future reservations in accordance with clause IX(c) of these Terms and Conditions.
b. Booking three or more massages and corporate bookings
The cancellation policy for these reservations depends on each case and is determined by Zen to Go and communicated in advance to the customer.
c. Cancellations related to COVID-19 or infectious diseases
The Customer or Therapist must contact Zen to Go at least four hours prior to the start of the service to cancel their reservation if they have symptoms of COVID-19 or infectious diseases, or have been in contact with someone who has such symptoms or has been diagnosed with an infectious disease. Similarly, Zen to Go reserves the right to cancel the service if it concludes that the health of either party is at risk or if local authority regulations restrict the service without notice. There will be no penalty for either party in these cases.
Any promotion, promotional code, advertising campaign, benefits, will have sufficient policies to be part of the content that Zen to Go offers to its Users.
Promotions are not retroactive and can only be applied at the time of booking. Promotions may contain additional restrictions on use and such other restrictions as the Platform deems appropriate, including but not limited to validity dates, quantity, Service eligibility and geographic location. The Platform reserves the right to reduce or eliminate the benefit of a promotion either because the Platform considers that the benefit was granted to the User in error, for fraudulent or illegal reasons, or in violation of these Terms and Conditions and the specific restrictions that the promotion may have. These promotions can be offered as promotional coupons or as reference programs, as well as any other type of modality that the Platform chooses:
a. Promotional coupons. These are unique alphanumeric discount codes to be charged by the Customer at the time of a reservation and which discount the total cost of such reservation according to the specific restrictions and conditions of such coupon.
b. Reference programs. When creating a Client account, and after completing and paying for their first booking, the Platform assigns a unique alphanumeric code to the Client. In the reference program called "Zen Key", for example, if a third party uses the Customer's code in their first booking, and upon successful completion of that booking, the Customer may receive discount credits against future Services. In addition, the third party can receive an immediate discount on their first booking. The Customer's "Zen Key" is attributed by the third party at the time of his first booking. Any credit or balance granted to the User through these promotions is subject to the conditions of clause IX(c) of these Terms and Conditions.
c. Zen balance. The Platform, in its sole discretion, may grant balances to Customer's account at any time and for any reason deemed appropriate and necessary by the Platform. The balances, called "Zen Balance" as a whole, are automatically applied against the cost of future reserves as a discount and cannot be used retroactively. With exceptions expressly granted to certain Clients, balances granted to the Client are not transferable or exchangeable for cash and cease to be valid if the Platform ceases its operations. Favorable balances may contain any restrictions on use that the Platform deems appropriate, including validity dates, quantity, eligibility for Service and geographic location, among others. The Platform reserves the right to reduce or eliminate balances granted to Customers either because the Platform considers that the balance was granted in error, for fraudulent or illegal reasons, or in violation of these Terms and Conditions and any specific restrictions that the granted balance may have.
Zen to Go Services will be available in Playa del Carmen, Cancun and Mexico City, and may be expanded to other cities in the world by updating the Platform.
The User should verify that the Zen to Go Services are available according to their location.
All Services are subject to the availability and acceptance of registered therapists.
The contents shown in the Zen to Go Digital Platform may use images, sounds, photographs, designs and any form of marketing of its own and third parties respecting the copyright and intellectual property contained therein and may be modified, suspended or removed at any time by Zen to Go.
Furthermore, the User acknowledges that the use of the Platform may generate additional costs for the use of mobile data or internet provided by the telephone company or internet with which the User has contracted such Services, so Zen to Go will not be responsible for such costs, nor the Service provided by such company in favor of the User.
The passwords created to the profiles must be saved by the Users who use them. Zen to Go disclaims any misuse or third party access to the User's profile.
Any violation of the Platform's security system or network may result in the cancellation of the User's account, as well as the initiation of any civil or criminal liability proceedings against the User.
The User acknowledges that there may be interruptions in the provision of the Services or Updates, or even other events occurring for reasons beyond the control of Zen to Go, and therefore cannot be held responsible for any data lost during the transmission of information via the Internet.
Zen to Go is exempt from any liability that occurs for interruptions or suspensions of Internet access service caused by the failure of the telecommunications system, the supply of electricity, acts of God or force majeure or an action by third parties that may disable the equipment providing access to the network.
Therefore, Zen to Go is not responsible for any damage or loss to the User caused by failures in the system, the server or the Internet. Zen to Go shall also not be liable for any viruses that may infect the User's computer as a result of access, use or examination of the Platform or as a result of any transfer of data, files, images, text, or audio contained therein.
The Users will not be able to impute any responsibility neither to demand payment of damages or damages, by virtue of technical difficulties or failures in the systems or in Internet. Zen to Go does not guarantee continued or uninterrupted access and use of the Services.
The software, trademarks and other related to the Digital Platform and all content available therein, including links, both those that are in the process of registration and completion of the same are the exclusive property of Zen to Go and are protected by laws and international treaties on copyright, trademarks, patents, models, and industrial designs applicable in Mexico and if applicable internationally.
It is strictly forbidden to copy, distribute, transmit, publish, connect, reverse engineer or otherwise modify the Platform or the Content without the express prior permission of Zen to Go, or where applicable, the owner of the corresponding property rights. The User may not sublicense, sell, resell, transfer, assign or in any way exploit the use of Zen to Go to any third party.
Any violation of the provisions of this paragraph shall constitute an infringement of intellectual property rights and shall subject the User to the applicable administrative, civil and criminal penalties.
The use of Zen to Go does not confer ownership rights on the User, but simply a license to use.
User understands and agrees that access to and use of Zen to Go is at User's sole discretion and responsibility and that User shall be solely responsible for any damage caused to computer system or mobile device. Under no circumstances shall Zen to Go, its employees, contractors, directors, agents, developers, be liable for any direct or indirect damages resulting from the use or misuse of Zen to Go as its Services are exclusive and at the User's own risk.
These Zen to Go Terms and Conditions become effective upon the User's use of the Platform and acceptance of the Terms and Conditions.
For its part, Zen to Go reserves the right to terminate this document and to cease providing the Services at any time without prior notice.
Modifications to these Terms and Conditions may be modified at any time by Zen to Go, without prejudice to the Platform itself or Users.
For everything related to the fulfillment and the interpretation of the present Terms and Conditions, the parts submit themselves to the applicable legislation, as well as to the jurisdiction of the competent courts renouncing in this act to any jurisdiction that by reason of their present or future domicile could correspond to them.
The present or future Services will be endorsed and based on these Terms and Conditions, which set forth the Services corresponding to Zen to Go, but are not limited to the same.
Any doubt, suggestion or complaint, Zen to Go puts at your service its Help Center at the address firstname.lastname@example.org.