TERMS AND CONDITIONS
We advise that you read these terms and conditions very carefully before you access or use the Zencca website, as they govern the use of the website, and the content and services available on or through the website. The website is owned and operated by Sunvia Tech, LLC, a California-based technology business. For purposes of this document, Zencca is the DBA of Sunvia Tech, LLC.
We offer the use of the Zencca website provisional upon your acceptance of all of the terms and conditions herein contained. If you are not in total agreement with all the conditions of this agreement, please desist from using this website.
We may revise or/and add additional terms and conditions at any time without prior information to you. For ease, we will, however, indicate the last date updated at the top right of this page every time a revision or review of our terms is made, and your use of the Zencca website after any such change signifies your acceptance to be bound by the terms and conditions as altered.
To be able to use our website and/or register for our services, you must be 18 years old or older, and be able to form legally binding contracts.
You must have the authority to bind any company/business to these terms if you are using the website and our services on behalf of a business. The applicable business agrees to indemnify Sunvia Tech, LLC and its associates, agents, officers, and employees from any suit, claim, or action connected or relating to the use of the services or any breach of these terms. If you do not have the authority to bind the business, you will be held personally liable for all actions that occur under your user account.
HOW OUR WEBSITE WORKS
Sunvia Tech, LLC provides users with a database of cannabis products. We also provide information about cannabis products by specifically focusing on products, their effects, and the brands that produce them. Through ratings from other consumers, critic ratings, and focus groups, we shine the light on the true experience of the cannabis product.
You agree that the contents, information, and all other materials available on the Zencca website are provided for reasons of education and information only. Under no circumstance do we intend or encourage that they are deemed as health advice, or that they should replace qualified medical diagnosis, guidance, or treatment.
You fully agree to accept all the risks associated with the use of or dependence on any information or material that we provide through this service and to indemnify Sunvia Tech, LLC from any cause of action that may arise in relation to your dependence on content and information obtained from the website.
We do not currently sell cannabis products but might add the sales of cannabis products to our business in the future.
USER REGISTRATION AND ACCOUNTS
You will have to register as a user to be able to access and use most parts of our website and will be required to provide your email address and a password to complete the registration process. These will be used to create an individual user account for you. We may, however, reject the use of any password, username, or email address for any reason whatsoever in our sole discretion.
You hereby certify that the information you provide to us, both during the registration process and afterward, is truthful, comprehensive, and not misleading. You also agree to regularly update your account information so that it remains accurate, true, and complete. We may delete your account if the information provided is found to be false, incorrect or deliberately misleading.
You may not register a username that is already being used by someone else, or that is offensive. You are personally responsible for all activities that transpire under your account whether or not you authorized the activity, as you are solely responsible for preserving the confidentiality of your password. You must immediately bring to our knowledge any unauthorized use of your account or any other breach of security.
You may not create more than one account and must not post libelous content, create false or misleading reviews or posts, and/or sell, transfer, or assign your account.
We provide this website for personal use only, and you must use the website for no other purpose, except as stated in a prior written consent by us. For persons who have reached the legal age of 18 or are older, we grant a limited, nonexclusive, revocable, nonassignable, and nonsublicensable license to access our website in compliance with these terms and conditions.
As a registered member of Zencca, you may submit/upload comments on certain parts of our website. We allow users to leave their comments, reviews and votes on our recommended products which without limitation may include products details such as effects, efficacy etc. When you post any content, whether it be comments, reviews, votes, etc. to Zencca, you automatically grant Sunvia Tech, LLC, a royalty-free, continuous, irreversible, unlimited, universal, nonexclusive license to publicly display, publicly perform, distribute, broadcast and transmit such comment/content in any media, technology or medium, or any form or manner now known or later developed, for the purpose of promoting the Zencca website and services.
As a user, you warrant that your uploaded content does not violate any local, state, federal, or international laws; and is not illegal, indecent, disparaging, libelous, menacing, harassing, unmannerly, slanderous, vile, or humiliating to any other person or entity as determined by Sunvia Tech, LLC.
You may not submit/upload content that is false, erroneous, or misleading, and violates the rights of others, including copyrights, patents, trade secrets trademarks, publicity, or privacy rights.
You may not post content that contains viruses or other harmful computer code; or content that persecutes, degrades, hassles, or intimidates a person/group of persons because of religion, gender, sexual orientation, race, ethnicity, age or disability.
You are exclusively responsible for any content you submit and agree to indemnify Sunvia Tech, LLC and its affiliates for all and any claims ensuing from any material you submit.
We have the right but are not obligated, to monitor the content of the website to determine compliance with these terms and conditions. We may, in our sole discretion, exercise our right to review, interchange, or remove any content posted on Zencca for any reason, including violation of these terms, whether for legal or other reasons.
Zencca may sometimes provide users with the ability to login to our service via certain social networking websites such as Facebook, Instagram, and LinkedIn. You understand that we may gain access to your stored information on the social networking site should you take advantage of this opportunity.
Except explicitly stated to the contrary, all materials, including pictures, graphics, designs, icons, video clips, written materials and all other materials found on this website are copyrighted, controlled, trademarked, or licensed by Sunvia Tech, LLC or by other third parties who have licensed the materials to Sunvia Tech, LLC. All said materials are protected by the US and other international copyright laws.
Zencca, our website, our logos, page headers, button icons, scripts, and service names included in or made available through Zencca are trademarks or trade dress of Sunvia Tech, LLC in the US and other countries.
DIGITAL MILLENNIUM COPYRIGHT ACT
It is Zencca's policy, at its discretion and in appropriate circumstances, to disable or terminate access to the accounts of users who are repeatedly charged with infringing the copyrights of others.
As per the Digital Millennium Copyright Act of 1998 (“DMCA”), if you are a copyright owner, the legal representative of a copyright owner, or a representative permitted to act in respect to applicable copyright, we ask that you report any alleged copyright infringements found on the website to us. Your notice must contain:
An identification of the alleged copyrighted work;
An identification of the allegedly infringing material alongside enough information to permit us to locate the material;
Your mailing address, telephone number, and email address;
A good faith belief statement that the disputed use of the copyrighted material was not authorized by the copyright owner, its agent or the law;
A good faith statement that you are the owner, or that you are authorized to act on behalf of the owner, of the copyright that is allegedly infringed; and
Your legal name and electronic or physical signature.
THE CANNABIS PROFILE ASSESSMENT
The Zencca website provides users with a cannabis profile assessment. The Cannabis Profile Assessment closely resembles a personality assessment, and we will through it ask you a series of questions. This will allow us make suggestions about cannabis products that we think will be a good fit for you.
You however accept that this Cannabis Profile Assessment is not a professional psychology or medical assessment tool, and you are not take this as such. You also accept that the products we suggest after the assessment should NOT be taken as recommendation, prescription or medical advice. We will under no circumstances be liable for any situations, whether adverse or otherwise, that you may experience as a result of your dependence on such recommendations. We advise that you seek your doctor’s (or a licensed professional’s) advice before using the products we so suggest.
We are a responsible website, and ask that all users extend the same level of responsibility that we do in their use of our website.
To continue to gain access to our website and its services, you must not violate or attempt to disrupt the security of Zencca; utilize or attempt to use any procedure, software or device to interfere with the proper working of the website, or allocate, transfer or permit any other individual to use your account.
You must not in any way send any junk email to other users; act in any way that infringes or violates other people's rights, violates the law, or breaches any contract or legal duty you have toward a third party; or use the website to spread content that encourages racist and/or criminal offenses, or otherwise breach any applicable regulations or laws.
You may not use the website to promote or sell personal products. This includes without limitation leaving bad reviews or badmouthing other products in order to promote your own products.
We explicitly prohibit users from using our website to duplicate, store, transmit, send, distribute or disseminate materials containing spyware, computer virus, or other malicious computer software; or offering any rewards that are illegal, violate any our policies, rules, or guidelines, or violate any applicable law or regulation.
Users may not abuse the website or any information posted on the website in any way; attempt to gain unlawful access to any information available on the website or to any of the networks used in providing the service. Users may not evade, or attempt to circumvent any security measures on the website; reverse engineer any aspect of Zencca in an effort to access source codes, underlying ideas, or algorithms; or act in a manner that imposes an unreasonable load on our infrastructure, or on our third-party providers.
You must not use any kind of software or device to "crawl" or "spider" any part of the website, meddle with any other individual's use of the site, or use the website to promote other websites, services or businesses in any way.
You may not post or replicate in any way any information whose Intellectual Property Rights belong to a third party without the explicit approval of the owner of such rights; transmit, post or email to any other user any information, pictures or other material, which in the opinion of Sunvia Tech, LLC is racist, sexually explicit, threatening, abusive, libelous or obscene, sexually suggestive; and/or transmit, post or email to any other user any information, representations or other material, which in the rational opinion of Sunvia Tech, LLC is capable of offending other users’ political or religious beliefs.
If you are discovered to have violated any of the provisions of this agreement, you will be held personally and solely responsible for all legal costs and losses arising out of your breach. We may disable your access to the website and our services without any prior warning if you breach any of these terms.
CALIFORNIA LAWS ON THE SALE/USE OF CANNABIS
As a socially responsible and ethical business, we adhere strictly to California laws on the sale/use of cannabis and cannabis products. This means that:
We do not condone the sale, or sell products, to persons younger than 18;
You must have a medical use license for cannabis if you are between the ages of 18 and 21 and are using our services;
You must have an adult use license to use cannabis products if you are over the age of 21 and are using our services;
While we will do our best to direct you to the right cannabis store or service, we will not be able to direct you in some localities that have banned deliveries or retail of cannabis products altogether. We ask that you check your local cannabis laws to determine if your local jurisdictions qualify.
LINKS TO THIRD PARTY SITES
Sunvia Tech, LLC provides links on the Zencca website to third party sites. Registered users may not take the presence of such links as an endorsement of the content and procedures of that third party website. You agree that your access to and use of such third party sites is at your own risk, and we recommend that you check third-party website's terms and conditions before using them.
WARRANTIES AND DISCLAIMERS
We provide the Zencca website available for your use on an “as is” and “as available” basis only, and you use the website and its services at your own risk. Sunvia Tech, LLC fully disclaims all types of warranties, whether they are direct or indirect, which without limitation includes the indirect warranties of non-infringement, merchantability, suitability, and fitness for a particular purpose.
We give no warranties that our service will be up to your expectations or meet your requirements; that it will continue interrupted; that it will be convenient or safe for you; that it is error-free or provided in a timely manner; that any results gotten by you from using the service will be reliable or accurate; and that any mistakes found on the Zencca website will be corrected.
You understand that no advice or information, whether written or verbal, gotten by you from us through your use of the Zencca website shall create any warranty or representations that we have not specifically explained in these terms.
Specifically, the contents, information, and all other materials available on the Zencca website are provided for reasons of education and information only. Under no circumstance do we intend or encourage that they are deemed as health advice, or that they should replace qualified medical diagnosis, guidance, or treatment. You fully agree to accept all the risks associated with the use of or dependence on any information or material that we provide through this service and to indemnify Sunvia Tech, LLC from any cause of action that may arise in relation to your dependence on content and information obtained from the website.
We will not bear any responsibility to you or a third party, whether emerging out of or regarding ordered items including but not limited to phone, hardware or software, electronic, network, internet, email, or computer malfunctions, failures or difficulties of any kind; truncated, incomplete, distorted or tardy computer and/or email transmissions; or any condition/event brought about by events beyond our control that may cause services to be late, disrupted, or debased; any injuries, losses or damages of any kind arising in connection with, or as a result of, using our website. We will not have any liability to you or any other individual for any matters outside our control; or any unexpected misfortunes or harms.
Sunvia Tech, LLC will not be liable to you or any other third party for any direct, indirect, consequential, special, supplementary, or exemplary damages, including without restriction damages for loss of profits, data, use, goodwill, business or other losses from the use of or the failure to use the service, even if it has been made aware of the likelihood of such damages.
Under no circumstances will our liability to any user exceed $50 or the price of the product purchased through Zencca, whichever is greater.
In the event that certain relevant law does not allow for this disclaimer of warranties/ limitation of liability so set forth above, this disclaimer of warranties and/or limitation of liability will not be applicable to you.
You agree to indemnify and hold Sunvia Tech, LLC, its related companies, officers, directors, employees, and agents harmless from and against all liabilities, attorneys' fees, and costs, compensations, damages, costs and other expenditures in relation to any legal actions or claims brought against Sunvia Tech, LLC as a result of your breach of any of these terms; your use and reliance on the results of our Cannabis Assessment Profile; your actions/inactions arising out of the product suggestions and information that we provide; or other liabilities arising out of your use of and access to this website.
WAIVER/SEVERABILITY OF TERMS
You agree that our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such provision or right. If any provision of the agreement is established by a court of competent jurisdiction to be invalid, the precise provisions will be modified to reflect the parties' intention while all remaining provisions of this agreement shall remain in full force and effect.
These terms and conditions shall be deemed the entire agreement between you and us and shall override/ supersede all prior communications and proposals, whether these are electronic, oral, or written.
These terms and conditions are not assignable by you without our prior written consent. However, we may assign these terms and conditions at our sole discretion.
This agreement is construed under and governed by the laws of California State. Both parties consent to submit to the exclusive jurisdiction of the courts located in the state to resolve any and all disputes arising out of or related to this agreement or the violation of any provision of this contract.