Terms and Conditions

Accessing, browsing, registering, and/or using the services of Zen to Go indicates your voluntary acceptance of all the clauses and conditions in this document. Therefore, it is recommended to read this agreement carefully before your registration, browsing, and use on the Zen to Go Platform.

The present terms and conditions aim to regulate access, use, advertising, and e-commerce on the website of the company called Plataformas Zen México, Sociedad Anónima de Capital Variable, with an address located at Calle 38 Entre Av. 10 y 10 BIS, Local 12, Zazil-Ha, Playa del Carmen, Quintana Roo, CP 77720, Mexico, and with Federal Taxpayer Registry (RFC) PZM170127Q15.

Plataformas Zen México, S.A. de C.V. is a company legally constituted under the commercial laws of the United Mexican States and has all the necessary permits for the provision of services it performs. It declares itself to be the legitimate owner of the Zen to Go trademark, according to trademark registration 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 by its brand Zen to Go.

The present terms are based on the provisions of Articles 76 bis and 76 bis 1 of the Federal Consumer Protection Law, observing the recommendations of 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 those individuals defined by said Mexican standard as Clients will be subject when entering the site www.zentogo.com.mx, seeking at all times to guarantee, clarify, inform, and properly guide on navigation and the execution of any type of transaction through the website.

Regarding the therapeutic services offered by Zen to Go, they are based on the Official Mexican Standard NOM-017-SSA3-2012 Regulation of health services, for the practice of human acupuncture and related methods.

Regarding the protection of personal data, it is based on the Federal Law on the Protection of Personal Data Held by Private Parties in its Articles 16, 18, 19, 22, 24, 25, 26 and other relevant provisions; guaranteeing users at all times the principles of legality, consent, quality, purpose, loyalty, proportionality, and responsibility regarding the right to protect personal data; as well as internationally with the principles of protecting the privacy of personal data conceived in the General Data Protection Regulation, concerning Chapter V entitled Transfers of personal data to third countries or international organizations, and according to the right that the holder of personal data has to request access, rectification, cancellation, or opposition to the processing of their data (ARCO Rights).

Clients may make a formal complaint when Zen to Go harms or does not respect the present terms and conditions of Zen To Go's technological service, through what is established in the Federal Law on Consumer Protection. For more information, visit 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 these Terms and Conditions at any time, as well as any other general or particular conditions that arise from the use and development of the website itself. Likewise, the right to suspend, interrupt, or cease operation of the website at any time for sufficient reason.

Zen to Go provides its Users with free and unrestricted access to the public in accordance with the provisions of the Federal Law to Prevent and Eliminate Discrimination, as long as the stipulations in this document and registration processes are adhered to.

The present Terms and Conditions aim to regulate access to content and use of the Digital Platform called Zen to Go and also to present to the User the scope, rights, responsibilities, and all conditions of the service provided by Zen to Go.

Zen to Go may enter into legal agreements with national and international companies or individuals with the goal of improving the digital Platform. It may also certify its processes and service quality through the certifications it deems appropriate.

DEFINITIONS

For the purposes of this document, the following definitions are understood:

Zen to Go: Commercial name of Plataformas Zen México S.A. de C.V.

Platform: Website 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 to facilitate home massage services.

Client: All persons who use the Platform for the purpose of reserving professional massages provided by our team of certified Therapists.

Therapists: All those professionals registered with 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 home massages (house, hotel, office, or other service locations).

Reservation: Home massage service requested by the Client through the Platform for a specific time, duration, type of massage, and location. A reservation may include one or more massages.

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I. GENERAL CONDITIONS

In this act, Zen to Go, the Clients, and the Therapists acknowledge and accept the Terms and Conditions described herein.

It should be noted that the information provided by the parties is safeguarded and protected by the Privacy Policy (see Privacy Policy).

Regarding the Services that Zen to Go makes available to its Users, through its digital Platform, it is determined that they are for lawful, therapeutic, professional, and high-quality purposes in personal care, health, and beauty; providing all the content of the digital Platform which it owns to the general market.

This digital Platform is protected by intellectual property laws, including the protection of software, trademarks, photographs, content, development, web design, images, videos, and logos, without this description implying any limitation of any nature.

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II. OUR SERVICES

The Services described in the following paragraphs may be used by individuals, both national and foreign, over 18 years of age and/or national and/or foreign companies that, in bulk, hire the services offered by Zen to Go.

Zen to Go provides its Users with unrestricted access to its Platform, to the public as described in the previous paragraph.

The Users acknowledge in this act that they voluntarily navigate and register on Zen to Go and are presumed to act in good faith, using this Platform, avoiding deceit and error and complying with the legal requirements necessary to become registered Users on its Platform.

Zen to Go offers its Users a complete and developed digital Platform, which acts as an intermediary in the contracting of professional home massage Services between the Client and the Therapist. Therefore, Zen to Go disclaims any responsibility or obligation regarding the Service, the Therapists, and the Clients themselves, as the Platform has no control over the behavior of the Clients or Therapists.

In other words, Zen to Go is a digital medium where Clients seeking professional home massage Services connect with Therapists willing to provide such Services.

All Services offered by Zen to Go are and will be owned by it and will aim to promote muscle, mental relaxation, and personal well-being.

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III. USERS

To use the Services of Zen to Go, both Clients and Therapists must create an account on the Platform, the opening of which is free.

The Users are solely responsible for providing and keeping updated all information provided to the Platform, as well as any actions taken under their account on the Platform.

The User understands that by creating their account on the Platform, they will be subject to the Platform's privacy policies.

The user profile registration process must be carried out in accordance with the requirements requested by Zen to Go for the account to be successfully generated. At a minimum, account creation will require the following information according to the User:

Therapists:

• First and last name;

• Current tax ID;

• Curriculum Vitae;

• Date of birth;

• Address;

• Gender;

• Mobile phone;

• Email;

• Official ID with photo;

• Criminal background check letter;

• National bank account;

• Sign the Specific Conditions contract for Professional Therapists;

• Tax Information.

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The User's account on Zen to Go will serve to access the registered profile at any time, hire and provide the Services previously described for both Clients and Therapists, and make the best use of the Platform.

Clients:

• First and last name;

• Date of birth;

• Address;

• Gender;

• Mobile phone;

• Tax Information

• Email;

• Official ID with photo; and,

• Payment method information (debit/credit cards, payment at convenience stores, or interbank transfers SPEI).

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The User's account profile can be edited and modified regarding their data as many times as necessary, to ensure that such data is always updated and valid and that there is no impediment or false information or undiscovered benefits at the time of access.

The User acknowledges that the information provided regarding the creation of the User to Zen to Go that they offer is true, correct, valid, and updated, being unaware of any possibility of deceit, bad faith, or error, and that the User voluntarily created the account for the use of the Service and accepts that their provided data will be protected by the corresponding Privacy Policy.

If the information for registration is false, inconsistent, or lacking legality, acts with deceit and/or error either with the Users, the Services, and false data and/or with the Platform itself. Zen to Go will be free to suspend or immediately cancel the User's account, without prior notice, holding the User responsible for any damages incurred at all times.

Zen to Go states that for the provision and reservation of the Services outlined in these Terms and Conditions, the User must keep their User account active so that communication and assignment of the Service can be carried out according to what they request and to know their processing status with the required Service. In the event of a computer conflict with the account, the User must immediately notify the contact email hola@zentogo.com.mx of Zen to Go, and they will guide the User.

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IV. TYPES OF SERVICE

The types of massages offered are:

• Relaxing

• Deep tissue

• Sports

• Prenatal

• Lymphatic drainage

• Reflexology

  
  

Massages may be requested in the following modalities or sessions:

• One massage - session of one massage with a Therapist

• Couple - session of two massages for two people with two Therapists

• One after the other - two massage sessions, one after the other, with the same Therapist

• Massages for groups, events, or parties

  
  

All Services must be performed at the address established by the Client, and the neighborhood cannot be modified once the reservation is confirmed.

The aforementioned items may be modified at any time by Zen to Go, adding, limiting, and/or modifying the types of Services offered.

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V. PAYMENTS

The prices for Services provided through the Platform are subject to change without prior notice and at Zen to Go's complete discretion, including surcharges for travel expenses and other concepts. All prices include Value Added Tax (VAT).

Zen to Go accepts most national and international credit cards and debit cards from national banks.

The data of the cards entered will be processed with SSL encryption. To make payments with credit or debit card, the CVV code (Card Verification Value), which is a code recorded on the card that serves as a security measure in e-commerce transactions, must be entered. Credit cards will be subject to pre-authorizations and verifications by their issuing entities; if such entities do not authorize the payment, Zen to Go will not be responsible for the service. The following are reasons why your card may be declined:

• The card may be expired. Ensure that your card has not passed its expiration date.

• The card may have reached its credit limit. Check with your bank that the card has not exceeded its credit limit.

• You entered the information incorrectly. Ensure that you have entered the correct information in all required fields.

• It is recommended that the Client ensures that there is no blockage on their card to perform online transactions before making a purchase.

  
  

The payment methods for the Services may be modified at any time by Zen to Go, and their mention on the Platform does not limit modifying or including other methods in the future.

All charges made through the Platform, including charges with debit or credit cards, are processed by a payment processor. The current payment processor is Stripe (www.stripe.com). The Platform reserves the right to change payment processors or methods without prior notice and whenever it deems necessary. The commission costs generated 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 reservation:

• If the payment is with debit or credit card, charges originated by the Client's bank, whether for interests, chargebacks, or for any other reason or circumstance.

• In the event of payment via SPEI interbank transfers, additional charges generated by the Client's bank; or,

• Tips for good service: If the Client chooses, the tip may be given directly to the Therapist in cash upon completion of the reservation.

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VI. RIGHTS AND OBLIGATIONS OF CLIENTS

The Client accepts that the Services are provided by independent professional Therapists and are for relaxing use only and completely professional.

The Client accepts that the Service is performed at their own risk and under no circumstances will sexual conduct, aggression, and/or violence be allowed between the parties; if there is an omission and/or violation of this paragraph, it may result in legal action by the aggrieved party (victim). The parties accept in this document the indemnification of Zen to Go, as the Platform, owned by the company, only provides intermediary Services between the Client and the Therapist.

The Client accepts that the Service is performed at their own risk, so Clients who are medicated, suffer from muscle or bone diseases, or are in their first trimester of pregnancy, should not request a massage.

The Client should consult with their doctor if they have doubts before requesting a massage. If the massage is requested by the Client for a third party, the Client should recommend the same to that person.

The Client must comply with the health protocol related to COVID-19, which is communicated here.

The Client must ensure 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 enough 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 canceled by the Platform with no possibility of complaint or refund for the Client.

The Client agrees to be available at the home and at the start time indicated in the reservation. The Therapist will remain at the home and give the Client up to 20 minutes of leeway after the indicated start time in the reservation. In the event that the Client is not available after 20 minutes of leeway, the Therapist may leave the premises. The minutes that the Therapist waits will not be compensated in the Service nor imply any discounts or refunds for 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.

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VII. RIGHTS AND OBLIGATIONS OF THERAPISTS

The Services indicated in the reservation will be provided solely and exclusively by the Therapist who requests the reservation and is confirmed by the Platform. The Therapist will only provide the Services indicated by the Client in the Reservation, in the place and within the time frame established therein.

Under no condition will sexual conduct, aggression, and/or violence be allowed between the parties; if there is an omission and/or violation of this paragraph, it may result in legal action by the aggrieved party (victim). The parties accept in this document the indemnification of Zen to Go, as the Platform, owned by the company, only provides Services as an intermediary between the Client and the Therapist.

The Therapist must comply with the health protocol related to COVID-19, which is communicated here.

The Therapist acknowledges that the service they provide to Clients will comply with everything stipulated in the Policies of the Official Mexican Standard NOM-035-STPS-2018, published on the Zen To Go website and that for any specific situation regarding the policy, they will follow the established protocols.

The Therapist expressly authorizes the Platform to set the prices for the Services offered on the Platform in accordance with item V of these Terms and Conditions.

The Therapist authorizes the Platform to charge and retain a commission for the Services rendered by the Therapist through the Platform. This commission is set by the Platform and may vary at the Platform's discretion 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 such change.

Being late directly and negatively impacts the Service to the Client, and therefore, the Therapist must