ZEEK TERMS AND CONDITIONS
Last Revised: December 28, 2016
Zeek Mobile Ltd (Company No. 514952530), with its registered offices at 9 HaTa’asiya Street, Tel Aviv, Israel (“Zeek”, “we”, “our” or the “Company”) welcomes you (the “User”, or “you”) to our mobile application (the “App”) and our website (available at https://www.zeek.me) (the “Site”) (collectively, the “Service” as further detailed below).
ACCEPTANCE OF THE TERMS
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICE IN ANY MANNER.
By acceptance of the Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited. The Service is available only to individuals who are at least eighteen (18) years old (as described in detail below) and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and that they comply with them.
The Service provides you with a platform to buy and sell discount coupons, credits, vouchers, gift cards for yourself or as a gift for others (collectively, the “Gift Vouchers”) and related Gift Voucher services. Gift Vouchers do not include coupons or discount vouchers, which shall not be accepted by Zeek. You must open a User account (“Account”) either via your Facebook Account, your Google Plus Account, your Twitter Account or by registering through our Service directly. You may delete your Account at any time by sending an email to the Zeek support team atHYPERLINK “mailto:email@example.com” SUPPORT@ZEEK.ME.UK.
PLEASE NOTE: YOU ACKNOWLEDGE AND AGREE THAT AS A RESULT OF SPECIFIC USER TRANSACTIONAL BEHAVIOR VIA THE SERVICE, YOU MAY BE SUBJECT TO ADDITIONAL SECURITY MEASURES REQUIRING A BACKGROUND VERIFICATION. YOU SHALL BE CONTACTED BY ZEEK IF THE AFOREMENTIONED APPLIES TO YOU AND YOU MUST PROVIDE ZEEK WITH ALL REQUESTED INFORMATION IN ORDER TO CONTINUE WITH SUCH TRANSACTION(S) VIA THE SERVICE.
Users may purchase a Gift Voucher for others and have it sent directly to the desired recipient with an option to include a greeting.
PLEASE NOTE: YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE TO OBTAIN, MAINTAIN AND HAVE RECEIVED INFORMED CONSENT FROM ANY OF YOUR DESIRED RECIPIENTS OF A GIFT VOUCHER SUCH THAT YOU CAN SUPPLY ZEEK WITH IDENTIFYING INFORMATION OF THE DESIRED RECIPIENT FOR PURPOSES OF DELIVERING THE VOUCHER AND/OR GIFT CARD. USER SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR THE MAINTENANCE OF SUCH CONSENT.
You may, if authorized, sell a Gift Voucher (the “Seller”) to other Users of the Service (the “Buyers”). The Seller can either: (1) send to our offices (at 81 Rivington Street, London, UK EC2A 3AY) the original physical Gift Voucher for the purposes of completing the transaction, such that Zeek shall transfer the original Gift Voucher to the Buyer, and/or scan the Gift Voucher via the Service; or (2) provide Zeek with the Gift Voucher’s identifying number via the Service. In some cases Zeek may be the Seller of the Gift Voucher. The other Users may, at their discretion, provide feedback regarding the reliability of each Seller and Buyer. Such feedback information shall be publicly displayed for all Users of the Service. The price for each Gift Voucher (including VAT, if any) will be indicated on the Service. Zeek charges each User, whether a Buyer or a Seller, a service fee for their use of the Service to complete their transaction, which shall be advised to the User at the time of the transaction via the Service (“Service Fee”). The Service Fee may be changed from time to time, at Zeek’s sole discretion, upon prior notice to the Users.
PLEASE NOTE: THE GIFT VOUCHERS ARE REDEEMABLE AT THIRD PARTY SERVICE PROVIDERS. ZEEK IS NOT RESPONSIBLE FOR THE QUALITY OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTY SERVICE PROVIDERS, WHICH MAY BE AVAILABLE THROUGH THE GIFT VOUCHERS. ZEEK DOES NOT IN ANY WAY ENDORSE ANY THIRD PARTY SERVICE PROVIDERS THAT MAY BE FEATURED THROUGH THE SERVICE AND IS NOT AFFILIATED WITH THESE THIRD PARTY SERVICE PROVIDERS IN ANY WAY.
Zeek, via its subsidiary Zeek Mobile UK Limited (the “Subsidiary”), provides the platform for buying and selling Gift Vouchers, however, as a Buyer, you contract directly with the relevant Seller for the purchase of any Gift Voucher. We act merely as the Seller’s agent in processing a Buyer’s order and accepting payment, provided however if you are purchasing a Gift Voucher being offered from Zeek, then Zeek will be the “Seller” in accordance with these terms.
Zeek will process your order and your payment by credit card, PayPal or Bitcoin on behalf of the Seller and subject to successful processing of your payment, we will email you to confirm the successful purchase of a Gift Voucher. We must receive the payment in full for the Gift Voucher before we will dispatch the Gift Voucher to you. Any cost of delivery will be displayed to you on the Service. You may also be charged a service fee for your purchase to be processed.The Service is solely for the promotion of products within the United Kingdom. We do not accept orders from addresses outside the United Kingdom.
Physical Gift Vouchers will be delivered to you within 7 business days of a completed order, please note that any delivery date advised to you is merely an estimate. You shall be solely responsible for the physical Gift Vouchers when we deliver the Gift Voucher to the address you provided. After this time, neither we nor the Seller will be responsible if any Gift Voucher is lost, stolen, destroyed or used without your permission. Electronic Gift Vouchers will be available for your use within 24 hours of your completed order, provided that all security and background checks were cleared.
If the supply of products is delayed by an event outside our control or the Seller’s control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.Provided we do this neither we nor the Seller will be liable for delays caused by the event, but if there is a risk of substantial delay (i.e. 10 days or more) you may contact us to end the contract with the Seller and receive a refund for any products you have paid for but not received.
Zeek purchases are non-refundable unless covered under our 60 day money back guarantee or as otherwise described below. If you receive a Gift Voucher, either physical or electronic, that is damaged or does not work please inform us atHYPERLINK “mailto:firstname.lastname@example.org” SUPPORT@ZEEK.ME.UK as soon as possible and in any event within 48 hours of discovering such problem.
PLEASE NOTE: YOU ACKNOWLEDGE AND AGREE THAT ZEEK ACTS ONLY AS A PLATFORM CONNECTING SELLERS AND BUYERS. SAVE IN CIRCUMSTANCES WHERE ZEEK ITSELF IS THE SELLER, ZEEK IS NOT RESPONSIBLE OR LIABLE FOR ANY REFUND, DAMAGES, LOSSES, AND/OR INACCURACIES REGARDING THE VOUCHERS PROVIDED BY SELLERS VIA THE SERVICE. ZEEK SHALL REFUND A BUYER, PURSUANT TO THE ZEEK 60 DAY MONEY BACK GUARANTEE, IF ANY OF THE FOLLOWING EVENTS OCCUR: (I) A VOUCHER IS INACTIVE; (II) A SELLER PROVIDED INACCURATE AMOUNT OF THE VOUCHER BALANCE; (III) A VOUCHER IS FOR A DIFFERENT BRAND THAN ADVERTISED BY THE SELLER; AND (IV) A BUYER DID NOT RECEIVE THE VOUCHER WITHIN THIRTY (30) DAYS FROM THE DATE OF PURCHASE.
Where you are entitled to a refund, the Seller will arrange for us to refund you the price you paid for the Gift Voucher, including our standard delivery costs in the case of physical goods, by the method you used for payment.The Seller may reduce your refund of the price (excluding delivery costs) to reflect: (i) any amount of credit on a Gift Voucher that has been used since it was delivered to you (which may be the full value of the Gift Voucher if it may not now be re-used); (ii) any reduction in the value of the Gift Voucher, if this has been caused by your handling it in a way which would not be permitted in a store. The maximum refund for delivery costs will be the cost of delivery by the least expensive delivery method we offer. If you are eligible for refund for an electronic Gift Voucher you shall receive a refund as soon as possible but no later than 14 days after we have confirmed your eligibility for refund. If you are eligible for refund for a physical Gift Voucher your refund will be made within 14 days from the day on which we receive the physical Gift Voucher back from you and we have confirmed your eligibility for refund.
The Seller is under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights.These rights are subject to certain exceptions.For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
The Seller does not exclude or limit in any way its liability to you, as an individual Buyer, where it would be unlawful to do so. This includes liability for death or personal injury caused by our or the Seller’s negligence or the negligence of our or the Seller’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised herein; and for defective products under the Consumer Protection Act 1987.
If the Seller (or Zeek, acting on the Seller’s behalf) fails to comply with these terms, it is responsible for loss or damage you, as an individual Buyer, suffer that is a foreseeable result of its breaking this contract or failing to use its reasonable care and skill in providing the services, but neither Zeek nor the Seller is responsible for any loss or damage that it did not reasonably anticipate.
If you use the Service for any commercial, business or re-sale purpose rather than as an individual:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited per claim to the value of payments Zeek has received from you for the relevant Gift Vouchers (or, if no Gift Vouchers have been ordered, limited to the sum of £500).
Except to the extent expressly stated otherwise in these Terms, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded for Buyers that are businesses rather than individuals.
You may list a Gift Voucher by following the instructions on the Service and create a new listing once it has been approved by Zeek. The following conditions must be met in order to receive Zeek approval: (i) Zeek must be able to verify the account balance of the Gift Voucher; (ii) the brand of the physical Gift Voucher to be listed must have at least 5 stores/branches in the UK; and (iii) the Gift Voucher must be at least £10 but no more than £500, unless otherwise agreed upon by Zeek. Sellers can set their own selling price as long as it is at least 8% less than the face value of the Gift Voucher, which may change from time to time upon prior notice to the Sellers. We reserve the right to remove listings at any time without notice. You may not use the Service to re-sell Gift Vouchers purchased via the Service.
You can view and manage any current listings via your Account.You may choose to cancel a listing at any time until a Buyer’s order for the relevant Gift Voucher is accepted but we ask Sellers to try and avoid cancelling listings where possible to minimise any inconvenience to Buyers.
Following the sale of a Gift Voucher via the Service, the Seller shall receive payment from Zeek within 14 working days after the later of: (i) Zeek confirming receipt of the original Gift Voucher; and (ii) Zeek’s receipt in cleared funds of payment in full from the Buyer. If Zeek does not receive payment in full from the Buyer within a reasonable time, the order will be rejected and we will re-list the Gift Voucher. The Service Fee shall be deducted from the total amount received from the Buyer and Zeek shall then pay the balance of the amount to either (i) the SellBuyer’s PayPal account or nominated bank account (which must be in the Buyer’s Seller’s own name); or (ii) the Seller’s Account in the form of redeemable credit for Gift Vouchers via the Service (“Zeek Credit”). The Seller may, in the Seller’s sole discretion, choose the method of payment at any point up until the payment has been made via any particular method. The Seller shall incur a lower Service Fee in the event that Seller chooses to receive applicable payment as Zeek Credit.
Zeek Credit has no monetary value and is not redeemable for cash except as otherwise provided by law. Zeek Credit can only be used on orders associated with the Seller’s original Account. This means Zeek Credit cannot be transferred to another person or Account.
Zeek Credit will expire within 2 years after receipt of such Zeek Credit. Expired Zeek Credit codes will not be accepted and will not be credited. There are no exceptions.
PLEASE NOTE: YOU ACKNOWLEDGE AND AGREE THAT ZEEK ACTS ONLY AS A PLATFORM CONNECTING SELLERS AND BUYERS. ZEEK IS NOT RESPONSIBLE OR LIABLE FOR ANY REFUND, DAMAGES, LOSSES, AND/OR INACCURACIES REGARDING THE GIFT VOUCHERS PROVIDED BY SELLERS VIA THE SERVICE. TO THE EXTENT THAT ZEEK ISSUES ANY REFUND OR COMPENSATION TO A BUYER FOR THE REASONS INDICATED IN THE TERMS APPLICABLE TO BUYERS, SELLERS HEREBY AUTHORISE ZEEK TO DEDUCT SUCH AMOUNTS FROM THE BALANCE PAYABLE TO THE SELLER AND, IF SUCH BALANCE IS INSUFFICIENT, SELLERS SHALL REIMBURSE ZEEK SUCH AMOUNTS WITHIN 7 DAYS OF ZEEK’S REQUEST TO DO SO.
Your use of the Service (or any part thereof), as a Seller, is dependent on the fact that you hereby represent and warrant that: (i) you possess all necessary ownership rights, either through yourself or through receipt of necessary consent or permission, to post a Gift Voucher through the Service; and (ii) you will transfer all rights to a self-posted Gift Voucher to a Buyer through the Service and will not infringe on such rights by redeeming the Gift Voucher yourself.
We do not exclude or limit in any way our liability to you, as an individual Seller, where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products described herein; and for defective products under the Consumer Protection Act 1987.
Zeek is responsible for loss or damage you, as an individual Seller, suffer that is a foreseeable result of its breaching these Terms or failing to use its reasonable care and skill in providing the Service, but Zeek is not responsible for any loss or damage that it did not reasonably anticipate.Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of listing, you knew it might happen (for example, if you discussed it with us during the listing process).
We are not liable for business losses. If you use the Service for any commercial, business or re-sale purpose rather than as an individual:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited per claim to the value at which the relevant Gift Voucher(s) were originally listed via the Service (or, if no Gift Vouchers were listed, limited to the sum of £500).
Except to the extent expressly stated otherwise in these Terms, all terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded for Users that are businesses rather than individuals.
USER REPRESENTATIONS AND UNDERTAKINGS:
Your use of the Service (or any part thereof) is dependent on the fact that you hereby represent and warrant that (i) you possess the knowledge and judgment necessary to decide whether to use the Service or otherwise rely on any information available therein; (ii) you acknowledge that there is no professional relationship between you and Zeek, and that you may not solely rely on any content or any features you find on or through the Service; (iii) you acknowledge that there are risks in using the Service, and that Zeek cannot and does not guarantee any specific outcomes from such use, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use; (iv) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder; (v) if you connect to, access or use the Service on behalf of any third party, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or dependent in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf; (vi) you possess any and all consents required under any applicable laws, regarding the posting of any personal information of others to the Service, and shall adhere to any applicable laws regarding such information; (vii) the execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; (viii) you acknowledge that you are solely responsible for complying with applicable laws regarding your use of the Service; and (ix) you will not infringe or violate any of the Terms.
There are certain behaviours that are strictly prohibited within the framework of Service. Please read carefully the restrictions listed below. Failure by you to follow the provisions that are listed below may (at the sole discretion of the Company) result in termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not (either by yourself or by anyone on your behalf): (i) copy, modify, adapt, translate, reverse engineer, reverse-compile, disassemble, publicly display or distribute in any way, the content of our Service, including any information, material or data available on the Service (collectively, the “Content”) and/or the Service (or any part thereof); (ii) make any use of Content on any other website or networked computer environment for any purpose, or replicate or copy Content without Zeek’s prior written authorization, including each transaction and/or commitments outside of the Service relating to transfer of Gift Vouchers offered for sale via the Service; (iii) create a browser environment or other demarcation of the information around Zeek’s Content (no frames or inline linking); (iv) infringe or violate the rights of privacy or any other rights of another User or gather personally identifiable information about Users without their explicit consent, including – Using the “Robot”, ”spider” editing application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) exceed the limited number of purchases per day, which may change from time to time, at the Company’s sole discretion; (vi) defame, slander, abuse, stalk, harass, threaten, or otherwise harm the lawful legal rights of others; (vii) transfer or create any other way in connection with the Service, any computer virus, ”worm”, ”Trojan horse”, bug, spyware, malware, or any other computer code, file or programs that may damage, or are intended to damage the activity of any hardware, software or telecommunications equipment or component or code, damaging, have the potential to cause damage, interfering or intrusive; (viii) damage the operation of the application and site or disturb them, or impair or interfere with the servers or networks that host the application or allow the availability, or disobey any requirements, procedures, policies or regulations of these servers or networks; (ix) sell, license, or exploit for any commercial purpose any use of or access to the Service (or any content therein) without Zeek’s express consent; (x) assign (frame) or copy (mirror) any part of the Service without Zeek’s prior express written consent; (xi) create a database – by systematically downloading and storing all or any part of the Content from the Service; (xii) transfer or assign your user Account password, even temporarily, to a third party; (xiii) use the Service for any purpose that is unlawful, immoral or unauthorized, (xiv) use the Service and/or the Content for commercial or non-private purpose without Zeek’s express written consent; (xv) make any false representations in relation to transactions via the Service, including the validity, value and availability of a Gift Voucher; (xvi) redeem or use a Gift Voucher which you uploaded for sale through the Service; (xvii) post via the Service, for sale or re-sale, Gift Vouchers previously purchased on Zeek using account credit; (xx) install and/or use the App on a simulator or an emulator.
In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to use the App on your own personal devices, subject to these Terms. We reserve all other rights.
INTELLECTUAL PROPERTY RIGHTS
The Service, the Content, the design, logos, graphics, images, as well as the selection, assembly and arrangement thereof, including Zeek’s proprietary software, algorithms and all intellectual property rights pertaining thereto, including inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, photographs, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, processes, algorithms, data, technical information, technology, interactive features, source code and objects, files, interfaces, interface graphics and trade secrets, whether or not registered or registrable (collectively, “Intellectual Property”), are owned by and/or licensed to Zeek and are protected by copyright and other applicable intellectual property rights. Unless expressly permitted in these Terms or in local law, you may not copy, distribute, display, publicly perform, make available to the public, disassemble, separate, modify, sublicense to, commercial use, sell, rent, lend, process, connect, perform “reverse-engineer”, combine with other software, translate, modify, or create derivative works of any material that is subject to Zeek’s proprietary rights, including Zeek’s intellectual property, either by yourself or by someone acting on your behalf, in any way or by an means.
No right, licence or interest to Zeek’s Intellectual Property, or the Intellectual Property of any third party, is granted hereunder and you agree that no such right, licence or interest shall be asserted by you with respect to such Intellectual Property, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Zeek and/or its licensors, including copyright mark [©] or trade mark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or tarnishing any name, mark or logo that is identical, or confusingly similar, to any of Zeek’s marks and logos, whether registered or not.
You may use the Service if you are at least eighteen (18) years old. You represent that you are at least eighteen (18) years of age and if you are under the age of eighteen (18), you may only use the Service under the supervision of a parent or legal guardian who has agreed to any agreement related to the Service, including these Terms. We reserve the right to require you at any stage to provide proof of age and, if applicable, approval of your use of the Service by your parent or legal guardian.
THIRD PARTY SERVICES
The Service may be linked to through certain third party websites and other third party services (collectively, “Third Party Services”). Similarly, the Service may include links to Third Party Services. Such Third Party Services are independent from the Service. You hereby acknowledge that Zeek has no control over such Third Party Services, and further acknowledge and agree that Zeek is not responsible for the availability of Third Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products or any materials available on and/or through such Third Party Services.
THIRD PARTY COMPONENTS
The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Service and Zeek disclaims all liability related thereto. You acknowledge that Zeek is not the author, owner or licensor of any Third Party Components, and that Zeek makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
Since you may download the App from a third party platform, service provider or distributor (e.g. App Store or Google Play Store), (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Please note that in such case, Usage Rules may apply and it is your responsibility to determine what other Usage Rules are applicable to your use of the App. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App.
You acknowledge and agree that Platform Provider has no responsibility for the App or content thereof, nor does it have any obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of an App downloaded from a Platform Provider to conform to any applicable warranty, you should notify the relevant Platform Provider; Zeek is not responsible for any failure downloads. You acknowledge and agree that, if you downloaded the App from a Platform Provider, such Platform Provider and its subsidiaries are third party beneficiaries of these Terms and will have the right to enforce these Terms against you as a third party beneficiary thereof.
The Service availability and functionality depends on various factors, such as communication networks software, hardware, and Zeek’s service providers and contractors. Zeek does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access, error-free.
You remain responsible for ensuring a connection to the internet in order to use the Service.
CHANGES TO THE SERVICE
Zeek reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Zeek shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services or the Content included in the Service.
DISCLAIMER AND WARRANTIES
ZEEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SERVICE.
THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
ZEEK AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “ZEEK AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICE.
ZEEK DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. ZEEK MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICE IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
ZEEK DOES NOT EXCLUDE OR LIMIT IN ANY WAY ITS LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. SUBJECT TO THE FOREGOING AND EXCEPT AS OTHERWISE STATED HEREIN, IN NO EVENT SHALL ZEEK AND/OR ANY OF THE ZEEK AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ZEEK AND/OR ANY ZEEK AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. SAVE AS EXPRESSLY STATED OTHERWISE IN THESE TERMS, IN NO EVENT SHALL ZEEK’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO ZEEK FOR USE OF THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
If you are using the Service as a business, you agree to defend, indemnify and hold harmless Zeek and any Zeek Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (i) breach of any of these Terms by you; (ii) any damage of any sort you may cause to any third party which relates to your use of (or inability to use) the Service in breach of these Terms; (iii) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Service; and (iv) your violation of any applicable law or regulation.
If you are an individual, we reserve the right to seek compensation from you for any claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) we incur and cannot reasonably avoid as a result of: (i) breach of any of these Terms by you; (ii) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Service; and (iii) your violation of any applicable law or regulation.
AMENDMENT TO TERMS
Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
TERMINATION OF SERVICE
At any time, Zeek may temporarily or permanently limit, suspend or terminate your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to Zeek under any applicable law.
MISCONDUCT AND COPYRIGHT AGENT
We care for your safety and well-being. If you believe a user, including Third Party Providers, acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behaviour ore content, please report immediately such person to the appropriate authorities and to us.
Zeek respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s copyright agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit the Company to locate the material (including URL address or screen capture of such infringing activity); (iv) information so that the Company can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s copyright agent can be reached at: email@example.com.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with the English law. Any dispute arising out of or related to your use of this Site and/or the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of England or Wales. If you are a consumer and you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish, English or Welsh courts.If you are a consumer and you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish, English or Welsh courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.If, as a consumer who is a Buyer, you are not happy with how we or the Seller have handled any complaint, please note that disputes may be submitted for online resolution to theHYPERLINK “https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN” European Commission Online Dispute Resolution platform (available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage) .
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Zeek’s prior express written consent. Zeek may freely assign, sublicense or otherwise transfer any or all of its rights or obligations under these Terms.No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Zeek relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Zeek.
Notices to you may be made via email or regular mail. Our Service may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices.
To the extent permitted by law, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions (or comments) concerning the Terms or the Service, you are welcome to write to us at: firstname.lastname@example.org or 81 Rivington Street, London, UK EC2A 3AY, and we will make an effort to reply within a reasonable timeframe.
By contacting us, you represent that you are free to do so and that you will not knowingly provide Zeek with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Zeek, and Zeek may use or refrain from using any such information at its sole discretion.
We may contact you either by the telephone number or by writing to the email address or postal address you provide Zeek in your order or via your Account.
Please note that you are not obligated to provide us with Personal Information (as defined below) by law. You agree and acknowledge that you provide us with Personal Information voluntarily, so that we may provide you with this Service. You agree that the Company may store Personal Information in a database within the terms of this policy.
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is ZEEK MOBILE LTD (Company No. 514952530), with its registered offices at 9 HaTa’asiya Street, Tel Aviv, Israel its nominated representative is ZEEK MOBILE UK LIMITED of 167-169 Great Portland Street, London W1W 5PF.
INFORMATION WE MAY COLLECT FROM YOU
The Company collects two types of information:
The first type of information the Company collects is anonymous information that does not recognize individuals or can be linked to a specific User (“Non-Personal Information”). The Company is not aware of the identity of the User from which it collected such personal information. Non-Personal Information is any public information, which is available to the Company as Users make use of the App and/or Site. Non-Personal Information collected by the Company, including technical information and information about User behaviour, and may include, among other things, the identity of the operating system, screen resolution, the type and version of the device, the User’s mobile provider, browser type, and the length of time User is on the Service and so on.
The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature such as User IP address and geographical location of the User, mainly for enhancing the User’s experience and for geo-location and security purposes as further detailed below and any independently User-provided personal details. Each User provides Zeek with the User’s mobile device number and the details of the country of residence for purposes of receiving the Service, such that the Gift Vouchers may be delivered to the Buyers (or such designated Recipients). Each User must provide Zeek certain Personal Information, including without limitation User’s valid credit card information including credit card holder location, BIN number, credit card type and brand and credit card number, in order to complete an online payment transaction for purposes of purchasing any Gift Voucher via the Service, as well as any additional requested information for purposes of identity verification, fraud detection and for the aforementioned payment purposes. Each User may choose to either register for an Account via a third party site (i.e. Facebook or Google Plus) or may choose to register via the Service directly for which the User must provide their full name and electronic mail address. In the event that User chooses to have a Gift Voucher delivered to a desired recipient they must provide the desired recipient’s full name, electronic mail address and/or delivery address (if applicable).
PLEASE NOTE: USER IS RESPONSIBLE TO OBTAIN, MAINTAIN AND HAVE RECEIVED INFORMED CONSENT FROM ANY OF USER’S DESIRED RECIPIENTS OF A GIFT VOUCHER TO SUPPLY ZEEK WITH IDENTIFYING INFORMATION OF THE DESIRED RECIPIENT FOR PURPOSES OF DELIVERING THE GIFT VOUCHER.
HOW WE COLLECT INFORMATION
We may collect and process information by the following main methods:
Information you give us (Voluntarily Provided). You may give us Personal Information about you by filling in forms on our Service or by corresponding with us by phone, e-mail or otherwise.This includes information you provide when you register or login to use our Service, search for a product, place an order, upload or view Content via the Service and when you report a problem with our Service. We may store the Personal Information and Non-Personal Information either independently or through our authorized third-party service providers as detailed below.
Information we collect about you (Use of the Service).With regard to your access and use of our Servicewe, either independently or through our authorized third-party service providers as detailed below, automatically collect and store certain Personal and Non-Personal Information, including when you make an online payment via the Service.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
Strictly necessary cookies.These are cookies that are required for the operation of our website.They include, for example, cookies that enable you to log into secure areas of our website or make use of e-billing services.
Analytical/performance cookies.They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it.This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website.This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies.These cookies record your visit to our website, the pages you have visited and the links you have followed.We will use this information to make our website and any advertising displayed on it more relevant to your interests.We may also share this information with third parties for this purpose.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.Please note that if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our
Except for essential cookies, all cookies will expire after five (5) years.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us, including without limitation enabling the Seller to supply products to the Buyer and to process payments for successful orders;
to contact you and pursue enquiries and/or complaints, including governmental agencies’ requests, in the event that you are in default of any contract you enter into directly with other users of our site;
to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about (but you may stop receiving this at any time by contacting us) and to otherwise personalize the content provided to you;
to comply with any applicable law or regulation;
to reduce the risk of fraudulent online payment transactions;
to notify you about changes to our Service;
to ensure that content from our Service is presented in the most effective manner for you and for further customization and improvement of the Service’s accuracy and interface.
to administer our Service and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to allow you to participate in interactive features of our service, when you choose to do so;
as part of our efforts to keep our Service safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
to make suggestions and recommendations to you and other Users about goods or services that may interest you or them.
DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our Users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
Credit card and payment processors in order to process your payments for receipt of the products;
Analytics and search engine providers that assist us in the improvement and optimisation of our site.
Credit reference, identify verification, fraud and security service agencies for the purpose of assessing your credit score and identity.
We may disclose your information to third parties for the following purposes:
If Zeek is undergoing a change of control, including by means of a merger, acquisition or purchase of all or substantially all of its assets, in which case personal data held by it about its Users will be one of the transferred assets and may also be shared with prospective buyers or sellers.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these Terms; or to detect, prevent or otherwise address fraud, security or technical issues; or to protect the rights, property, or safety of Zeek, our employees, customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
With your explicit approval prior to disclosure.
To cooperate with third parties for the purpose of enhancing the User’s experience.
For avoidance of doubt, Zeek may transfer and disclose or otherwise use Non-Personal Information or information which is linked to anonymous random identifiers or information that is aggregated in a non-identifiable way, at its own discretion.
WHERE WE STORE YOUR PERSONAL DATA
Zeek may process and store your data in a country outside the European Economic Area (“EEA“). Your data will also be processed by staff operating outside the EEA engaged in, among other things, the management of your online account, the processing of any payments and the provision of support services. By submitting your personal data, you agree to this use of your data.
All information you provide to us is stored on our secure servers or the secure servers of our payment processor or other third party providers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure.Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Service; any transmission is at your own risk.Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
RETENTION OF DATA
We will not keep your personal data for longer than is necessary for the purpose for which it is held or otherwise processed by us.This means that data will be destroyed or erased from our systems when it is no longer required.
You have the right to ask us not to process your personal data for marketing purposes.You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.You can also exercise the right at any time by contacting us at email@example.com.
Our Service may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you.Your right of access can be exercised in accordance with the Act.Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.