Terms Of Service

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING WWW.ZERAPOSTPARTUM.COM (THE “SITE”) OR ANY SERVICE OFFERED BY PERSONALIZED BEAUTY DISCOVERY, INC. (“ZERA,” “WE,” OR “US”). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY ZERA SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY ZERA SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

This Agreement applies to all Site visitors and users of the Site or ZERA Services. If you don’t agree with any term or condition in this Agreement, please don’t use the Site or any ZERA Service. If you have any questions, please refer to the Site’s FAQs.

    1. WELCOME TO ZERA!
      ZERA operates an online community for mothers on the Site and on social networking platforms controlled by ZERA such as the ZERA Postpartum Facebook ® page, Instagram ® page. If you take the quiz on our Site and register on zerapostpartum.com you become a “ZÉRA Mom”. There is no payment required to become a ZÉRA Mom.

      You are not required to use social media at all to become a ZÉRA Mom. We hope you share your unique motherhood journey with other ZÉRA Mom in the ZÉRAMom Online Community, but you are not required to do so. ZERA offers its community members subscription service, ZÉRA Petit. By subscribing, you become an ZERA Member.
    2. Subscription Services
      • ZÉRA Petit
        ZÉRA Mom residing in Malaysia may subscribe to receive monthly pouches containing sample-size maternity and baby products (“ZÉRA Petit”). ZÉRA offers different recurring payment options to subscribe to ZÉRA Petit Memberships: (1) an automatically billed monthly subscription (“Monthly Membership”); (2) an automatically billed annual subscription (“Annual Membership”). You can subscribe here: https://setcode-consultancy.com/zera-v2/. There may be a waitlist to receive your first ZÉRA Petit. You will not be billed until you are taken off the waitlist and a ZÉRA Petit is being prepared for you. Once billed, you can expect to receive your ZÉRA Petit the following calendar month. You can read more about the waitlist below.

        ZÉRA Petit typically contain 5 maternity or baby items. The contents of each of the ZÉRA Petit will vary from month to month. We attempt to customize your ZÉRA Petit based on your ZÉRA profile, your product reviews and other feedback you choose to provide to us from time to time, but we make no guarantees that you will receive a particular product.
        Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.
        AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe and are off the waitlist, ZERA will automatically process your Monthly Subscription fee in the next billing cycle. ZERA will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section “Cancellation Policy”.
        Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service (after you are off the waitlist). After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

        AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.
        For example, let’s say you purchased an Annual Subscription beginning in May 2021 and ending in April 2022. We will bill you for the second year (May 2022 to April 2023) in May 2022, unless you cancel your Annual Subscription before May 2022. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, ZERA will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. We explain how to cancel your Annual Subscription below at the Section “Cancellation Policy”.
        Waitlist: Our ZÉRA Petit are in high demand so you may be placed on a waitlist when you first subscribe to the program. We try to convert members from the waitlist into active members as quickly as possible, but the timing depends on a number of important factors including our ability to find and source the best and highest-quality brands and products that successfully meet the personal interests and needs identified in each new subscriber’s beauty profile. We never want to compromise the caliber or experience of the ZÉRA Petit program.

        Skip the Waitlist: At different points each month, we communicate through email and social media channels, such as the ZERA Facebook page or Instagram, special promotions to skip the waitlist. These promotions are intended to reward our biggest fans for helping to spread the word about ZERA through social media. Skipping the waitlist is optional and is at each IPSTER’s discretion.
        Cancellation Policy: You may cancel your Monthly Subscription at any time by logging into your account and following the cancellation procedures described there. If you need help, feel free to contact us using this link: https://setcode-consultancy.com/zera-v2/contact/. If you are on the waitlist you cannot cancel by logging into your account, so please email us using the same link to cancel your waitlist position for the Monthly Subscription. If you cancel your Monthly Subscription, the cancellation will take effect for your next ZÉRA Petit monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.
        Cancellation Policy for Annual Subscription Renewals Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year, by logging into your account, and following the cancellation procedures or by contacting us using this link: https://setcode-consultancy.com/zera-v2/contact/
        If you cancel your ZÉRA Petit Subscription you can re-subscribe any time, subject to the waitlist.
        No Returns: You may not return any ZÉRA Petit you receive. If you have concerns about the ZÉRA Petit you have received or any of the products in it, please contact us by visiting: https://setcode-consultancy.com/zera-v2/contact/ We will work with you to address your concerns.
    3. PRODUCT MANUFACTURE AND INGREDIENTS
      All ZÉRA Petit items and products distributed through Offers and Points are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. We review the ingredients in each beauty product we distribute to confirm the ingredients comply with industry standards. It is your responsibility to review the ingredients as well, to avoid allergic reactions or other side effects personal to you.
    4. ELIGIBILITY TO USE THE SITE AND ZERA SERVICES
      General You may access the Site from anywhere in the world without incurring any fees or becoming an ZERA. However, you will be required to join ZERA and must be a legal resident of Malaysia to use certain Site features and ZERA Services.

      Residency The Site is available to anyone in the world, but the ZERA Services are limited to legal residents of Malaysia. The ZÉRA Petit service is available to ZÉRA Mom residing in the Malaysia.
      Fees It’s free to use the Site and earn Points, but the ZÉRA Petit Memberships, require that you pay a fee or make a purchase.
      Age You are not authorized to access or use the Site or any ZERA Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and ZERA Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or ZÉRA Petit Member, if applicable) and will be responsible for any and all use of the Site and ZERA Services by the individual under 18
      Compliance To be eligible to use the Site and ZERA Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use, the ZERA policy documents listed below (if applicable to your use of the Site or ZERA Services), and all other operating rules, policies, and procedures that ZERA may publish from time to time on the Site, each of which is incorporated herein by reference and each of which ZERA may update from time to time without notice to you: ZERA Privacy Policy

      Certain ZERA Services may be subject to additional terms and conditions that ZERA may post on the Site from time to time. To be eligible for such services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement.

      ZERA’s Right to Revoke, Suspend, or Restrict Eligibility: ZERA reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. ZERA may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any ZERA Service. If ZERA bans you from the Site or any ZERA Service, you may not return to the Site or use that ZERA Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the ZERA Service after you’ve been banned, you will be deemed to have breached this Agreement, and ZERA reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

    5. GENERAL TERMS OF USE FOR OUR SITE AND ALL THE ZERA SERVICES
      Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify ZERA of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. ZERA will not be liable for any loss or damage arising from your failure to comply with this Section.

      Account Information: In the course of your use of the Site or ZERA Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, “Account Information”). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. ZERA’s  Privacy Policy , which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.
      Account Transfer Prohibited: You may not transfer or sell your ZERA account or username to any other party. You are fully responsible for all activity of your ZERA account and username.
      General Practices Regarding Site Use and Storage: You acknowledge that ZERA may establish general practices and limits concerning Site use and storage. You agree that ZERA has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that ZERA may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
      Site Content: Other than content submitted to the ZERA Online Community by users (“User Content”), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, “Site Content”), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don’t own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without ZERA’s prior written permission.
      You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.
      User Content: You must own all User Content you submit to any ZERA Online Community or you must have the copyright owner’s written permission to use it. You alone are responsible for the content and consequences of each of your activities in the ZERA Online Community and you submit User Content at your own risk.
      ZERA does not claim ownership rights in your User Content. When you submit User Content to any ZERA Online Community you grant us a license to use such content, but you retain ownership.
      By uploading User Content on the Site, you agree to the ZERA User Generated Content Terms of Use and hereby grant ZERA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow ZERA to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way ZERA chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our  Privacy Policy.
      Re-Posting User Content:  It’s possible for an outside website or third party to re-post your User Content. You agree to hold ZERA harmless for any dispute concerning such re-posting. ZERA assumes no responsibility for any third party’s intellectual property infringement of User Content.

      Prohibited User Conduct:  You agree that while using the Site and ZERA Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from ZERA, its affiliates, or another ZÉRA Mom; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the ZERA Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or ZERA Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.
      Information on the ZERA Online Community:  We control and operate the Site from the United States. ZERA does not control User Content postings to the remainder of the ZERA Online Community. The views expressed in the ZERA Online Community do not necessarily reflect or represent the views of ZERA, its staff or stylists.
      ZERA reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the ZERA Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. ZERA also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.
      You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact ZERA at https://setcode-consultancy.com/zera-v2/. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact ZERA at https://setcode-consultancy.com/zera-v2/. We will remove your User Content as soon as reasonably possible.
      Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is “framed,” surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.
      Fees and Billing: Prices are quoted in Malaysian Ringgit. You agree to pay in full the price for each ZERA Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to ZERA as each payment, if any, is due. You agree to pay all applicable taxes, if any. If ZERA does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
      AUTOMATIC RENEWAL TERMS: For ZERA Services subject to automatic renewal, you agree that ZERA may submit periodic charges (monthly or yearly) until you provide notice that you wish to terminate the authorization or change your payment method. You agree that such notice will not affect charges submitted before ZERA could reasonably act.
      Our total price for any ZERA Service involving your purchase of a product will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with ZERA and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. Further, Points redeemable for Rewards may be taxable, depending on the value of the item and any tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.
      Unless otherwise indicated, our total price for any ZERA Service involving your purchase of a product will include shipping and handling fees. ZÉRA Petit shipments to East Malaysia are subject to a shipping fee.
      Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
      Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.
      Warranty Disclaimer: ZERA AND ZERA’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND ZERA SERVICES “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ZERA AND ZERA’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM ZERA TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
      YOU AGREE THAT YOUR USE OF THE SITE, THE ZERA ONLINE COMMUNITY, AND THE ZERA SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT ZERA HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
      Liability Limit:  IN NO EVENT SHALL ZERA OR ZERA’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR ZERA SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
      THE LIABILITY OF ZERA AND ZERA’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO ZERA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) MYR100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
      Indemnity: YOU AGREE TO INDEMNIFY AND HOLD ZERA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. ZERA RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH ZERA’S DEFENSE OF SUCH CLAIM.
      LEGAL DISPUTES
      PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ZERA HAVE AGAINST EACH OTHER ARE RESOLVED.

      If a dispute arises between you and ZERA we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team at https://setcode-consultancy.com/zera-v2/. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
      If you are a resident of Malaysia, and you have availed yourself of our customer service department without satisfaction, you and ZERA all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using ZERA Shopper, are no longer an ZÉRA Petit Subscriber, and/or have deleted your ZERA account.
      An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and ZERA each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either ZERA or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
      If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
      Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
      YOU AND ZERA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ZERA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

      If a dispute arises between you and ZERA, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team by sending us an email at https://setcode-consultancy.com/zera-v2/contact/ Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
      If you are a resident of Malaysia  and you have availed yourself of our customer service department without satisfaction, you and ZERA all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using ZERA Shopper, are no longer an ZÉRA Petit Subscriber, and/or have deleted your ZERA account.
      An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and ZERA each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either ZERA or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
      If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
      Exceptions to Agreement to Arbitrate.
      We all agree that we will go to court to resolve disputes relating to:
      • Your or ZERA’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
      • Any claim made in small claims court if it qualifies to be brought in that court.

No Class Actions.
We all agree that we can only bring a claim against each other on an individual basis.

That means:

    • Neither you nor ZERA can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
    • The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
    • The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.

The Arbitration Process:
The Malaysian Institute of Arbitration (MIArb) will manage the arbitration between you and ZERA,  and MIArb’s rules and procedures will be used. If something in these Terms is different than MIArb’s rules and procedures, then we will follow these Terms instead.

If your claim is for less than RM10,000, you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than RM10,000, we will look to and follow the MIArb for guidance.
While most arbitrators render a verbal decision, both you and ZERA have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, ZERA and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.
Arbitration Costs.
If your claim is for RM10,000 or less, ZERA is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the MIArb. You must tell the MIArb at the time you begin the arbitration proceeding. ZERA will be notified of your request.

If your claim is for more than RM10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, ZERA will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.
We won’t try to have you pay us back for covering your fees and we won’t try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.
Applicable Law.
Any dispute or claim arising from or relating to the Agreement or the ZERA Shopper is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms of Use.
Choice of Law: This Agreement shall in all respects be governed by Malaysia Law, without regard to choice of law provisions.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and ZERA’s failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement: These Terms of Use, together with our Privacy Policy, Copyright and Intellectual Property Policy and all other operating rules, policies, procedures, and additional terms that ZERA may publish from time to time on the Site, constitutes the entire agreement between you and ZERA concerning your use of the Site and ZERA Services. ZERA reserves all rights not granted under this Agreement.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency: You and ZERA are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

6. EXPORT RESTRICTIONS
You agree to comply with all relevant import, export, and reexport control laws and regulations. Specifically, you agree not to, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise make available product purchased from ZERA or product from a retail partner in contravention of Malaysia law or to any destination, entity, or person or for any use prohibited by the laws or regulations of the Malaysia or applicable international authority, without obtaining an export license or other governmental approval as required by those laws and regulations.

Currently, ZERA only ships products to addresses in Malaysia. Glam Bags only may be shipped into Canada.

7. MODIFICATIONS TO TERMS OF USE
We may change the Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If ZERA makes a material change, ZERA will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. ZERA may determine, in its sole discretion, in good faith, what constitutes a “material change” using common sense and reasonable judgment. Your use of the Site or any of the ZERA Services after we have modified this posting will constitute your acceptance of any changes.

Effective Date: 18 August 2021