Zendy Terms of Use

Zendy provides a subscription service that allows our users to access research literature and other, primarily non-fiction content in the form of text, images and other media (“Content”).

These Terms of Use (the “Terms”) govern your use of our service. “Zendy service”, “our service” or “the service” means the service provided by Zendy for discovering and accessing Content, including all features and functionalities, recommendations and comments, the website, and user interfaces, as well as all content and software associated with our service.

1. Membership

1.1. Your access to Zendy will continue month-to-month until terminated in accordance with these Terms. To use the Zendy service you must have Internet access and an internet-connected device.

1.2. We we may offer a number of free and paid-for membership plans, including special promotional plans or memberships, giving different levels of access to services and products offered by third parties. Some membership plans may have differing conditions and limitations, which will be provided to you at your sign-up or in other communications made available to you. For any paid-for membership, you need to provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your paid-for membership before your billing date, you authorise us to charge the corresponding subscription fee for the next subscription period to your Payment Method (see “Cancellation” below).

2. Free Trials

2.1. We may offer you a free trial to different membership plans. The free trial period lasts for two days, or as otherwise specified during sign-up.

2.2. Free trial eligibility is determined by Zendy at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Users with a recently-expired paid-for membership may be denied a free trial.  We may use information such as device ID, Payment Method, or an account email address used with an existing or recent paid membership to determine eligibility. For combinations with other offers, restrictions may apply.

2.3. We will charge your Payment Method for your subscription fee at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. When applicable, to view the subscription price and end date of your free trial period, visit your account on our website.

3. Billing and Cancellation

3.1. Billing Cycle. The subscription fee paid-for membership plans and any other charges you may incur in connection with your use of the Zendy service, such as taxes and transaction fees, will be charged on a monthly or other basis depending on your membership plan. The fee will be charged to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your paid membership. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid-for membership began on a day not contained in a given month.

3.2. Payment Methods. To subscribe to a paid-for membership plan you must provide one or more Payment Methods. For recurring membership plans, you can update your Payment Methods by going to your account on our website. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s). You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer is available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

3.3. Cancellation. You can cancel your paid-for recurring membership plans at any time, and you will continue to have access to the corresponding Zendy services until the end of the then-current billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unused Zendy content. To cancel, go to your account on our website and follow the instructions for cancellation. If you cancel your paid-for membership, you will automatically be denied access to the corresponding services at the end of your current billing period. To see when your paid membership will expire, go to your account on our website.

3.4. Changes to the Price and Membership Plans. We may change our membership plans and the price of our service from time to time; however, any price changes or changes to our membership plans will apply to you no earlier than 30 days following notice to you.

4. Zendy Service

4.1. You must be at least 16 years of age, or the age of majority if required in your province, territory or country, to become a member of the Zendy service. If you do not fulfil this age requirement, you may only use the service under the supervision of an adult.

4.2. The Zendy service and any content accessed through the service are for your personal and internal business use only and may not be shared with any third party or re-sold for access by third parties in any way. Content accessed through our service may be subject to additional limitations or restrictions presented to you, and you must comply with those.  During your Zendy membership we grant you a limited, non-exclusive, non-transferable right to access the Zendy service and Zendy content. Except for the foregoing, no right, title or interest shall be transferred to you.

4.3. You may access the Zendy content based on your country of residence. The content that is available may vary by geographic location and will change from time to time. We make no guarantee, warranty or assurance that any specific Content is available, or will be available, at any given time.

4.4 We accept no liability and make no guarantee, warranty or assurance in relation to the legality, completeness, accuracy or validity of any Content, or as to infringement of any third party right. No reliance should be placed on any Content obtained through the Zendy service.  If you have any questions about the Content, you should contact the original publisher of the article in question.

4.5 We work hard to ensure that the Zendy service is available as much as possible.  You acknowledge that we may have to take the service offline from to time to carry out updates and maintenance, and we provide no uptime guarantee or commitment.

4.6. The Zendy service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Zendy content. This may impact the service availability from time to time.

4.7. Some Content may be available for download and offline access on certain supported devices. Limitations may apply, including restrictions on how long such offline Content will remain accessible.

4.8. You agree to use the Zendy service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms) Content and information contained on or obtained from or through the Zendy service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Zendy service; use any robot, spider, scraper or other automated means to access the Zendy service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Zendy service; insert any code or product or manipulate the content of the Zendy service in any way; use automated means to extract substantial amounts of content from the Zendy service; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Zendy service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms or are engaged in excessive, illegal or fraudulent use of the service.  If we terminate or suspend your access to the Zendy service under this clause 4.8, we will not be liable for any refunds of any fees already paid to us.

4.9. The quality of the Zendy service and Zendy content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and/or speed of your Internet connection. Not all content is available in all formats, such as PDF, XML and HTML. The minimum connection speed is 0.5 Mbps; however, we recommend a faster connection for improved performance of the service. A download speed of at least 5.0 Mbps is recommended. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to access or download Content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Zendy ready device.

4.10. Zendy software is developed by, or for, Zendy and is designed to enable accessing Content through a wide range of devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the Zendy service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of Zendy and related third-party software.  If your device prevents such automatic updates required for ongoing use of the Zendy service, your ability to use the service may be affected, and you acknowledge that you must accept any updates in order to continue use of the Zendy service.

5. Passwords and Account Access

The member who created the Zendy account and whose Payment Method is charged (the “Account Owner”) has access and control over the Zendy account and the Zendy ready devices that are used to access our service and is responsible for any activity that occurs through the Zendy account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Zendy, or our partners from identity theft or other fraudulent activity.

6. Miscellaneous

6.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

6.2. Unsolicited Materials. Zendy does not accept unsolicited materials or ideas for Zendy content or Zendy services, and is not responsible for the similarity of any of its content or services with other content and services in any other media, or similarity of any materials or ideas transmitted to Zendy.

6.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the Contact us section on our website. In certain instances, Customer Support may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.

6.4. Survival. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

6.5. Changes to Terms. Zendy may, from time to time, change these Terms. We will notify you at least 30 days before such changes apply to you.

6.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

6.7 Our liability.  Our maximum liability to you under these Terms or in relation to any losses or damages arising in relation to use of the Zendy service or access to the Content shall be limited to the amount of fees paid to us by you in the 12 months preceding any claim.  In no event shall we be liable to you for any indirect losses, costs, expenses or damages, or any loss of profits or earnings.  Any warranties or indemnities are expressly excluded except as set out in these Terms.

 

Last updated: 3 February 2020