ZEEW is a technology company whose main activity is the development and management of a technology platform through which certain local stores in a number of territories can offer or include their products and/or services by means of a mobile or web application on the platform (hereinafter, the “APP”) and, in an ancillary manner, where applicable and if so requested through the APP by users of the APP and consumers of the said local stores, act as an intermediary in the immediate delivery of the products. Zeew has thus developed a Platform through which a variety of merchants, with which Zeew may have in place a commercial agreement for the use of the platform, offer and/or may include a selection of products and services. Customers can request the purchase and/or collection of products and services from such merchants in person by means of a mandate given by them to a third party when placing an order through the Platform. In such cases, Zeew acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.
3.2. Credit Card Theft or Removal
Since Zeew cannot guarantee the identity of registered Users, Users are under an obligation to inform Zeew if they have evidence that the credit card associated with their Zeew profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Zeew and its payment platform are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform Zeew of the missing card, Zeew will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account. Zeew suggests that Users report any theft, robbery, or suspected misuse of their credit card to the police. If necessary, Zeew undertakes to cooperate with the User and the competent authorities to provide reliable evidence of the wrongly applied charge. In the event of fraud, Zeew reserves the right to take any action that may be necessary if it has been detrimentally affected by the misuse of the site.
4. Operation of the Service. Terms of the Mandate
When a user who is registered as a Customer needs help with an errand, he/she must go to the online platform or the relevant Zeew application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the Customer, provided that they are within the territory in which Zeew operates. Customers are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they, therefore, release Zeew from any liability for negligence or error in the collection or delivery of the order as a result of the supply of incorrect addresses for collection and delivery. As a result of the foregoing, the Customer shall bear the cost arising from the provision of an incorrect address for collection and delivery on the Platform. The Customer releases Zeew from any negligence or error in the indications given by the Customer for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result of this, the Customer shall bear the cost resulting from the provision on the Platform of incorrect indications regarding the products (such as an incorrect address or product). At that moment, the User, who is the recipient of the service identified by the user in the order, or any third party authorized by him/her, must ratify the mandate given by signing on the device. Zeew is unable to verify the authenticity of the User’s signature. If the User receives confirmation that the order has been carried out without having ratified the mandate either personally or through a recipient authorized by him/her, he/she must inform Zeew immediately so that appropriate steps can be taken by the Platform. Zeew reserves the right to check any communications of this nature made by the User for corroboration and monitoring purposes.
5. Prices of the Services and Billing
Zeew offers the following packages which are payable monthly:- Starting $59 for Single store. Marketplace starting $76 for (Web Ordering), $228 for (Web+Client apps) and $456 for (All Apps). In accordance with these terms, the Customer will be entitled to know the approximate fee for the service before contracting it and formalizing payment. Zeew reserves the right to change its prices at any time. Such changes shall take effect immediately after publication. The User expressly authorizes Zeew to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted, and/or the bills generated. If an invoice is required, the user must enter the relevant tax data on the platform before placing the order.
6. Price of the Products and/or Services Appearing on the Platform
All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates. However, the prices of the products sold in restaurants and/or stores shown on the Zeew Platform may be indicative only. The User assumes that, in any case, the price of some products may change in real time based on the establishment that sells them and on the available stock. The User may contact Zeew for any information about the order placed.
7. Right of Withdrawal and Cancellation of Orders
In accordance with the nature of the service offered by Zeew, the User is aware that, once he/she has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge. The user will be informed of the restaurant’s/store’s acceptance through the Platform and/or by e-mail at the e-mail address registered by the user.
Zeew may collect, use, and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorized by the User. The said location data may be collected and used by Zeew to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geo-location data being shared with other Users and Suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on their devices. Users shall be responsible for entering the correct addresses for collection and delivery. In this regard, Zeew will accept no liability for errors or omissions in the provision of such addresses by the User.
9. The User’s Obligations
10. Responsibility for Content
11. No Warranty in Assignments or Payments
13. Intellectual Property
Zeew is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, browsing structure, information, and contents included therein, are the property of Zeew, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication, and transformation, in accordance with the Spanish legislation on intellectual and industrial property rights. In spite of the foregoing, Zeew may not be the owner or license holder of content such as names or images, among others, of companies with which Zeew does not have a business relationship. In such cases, Zeew acquires the content from publicly available sources, and Zeew shall in no event be deemed to be related to any right belonging to Zeew. Authorizing a User to access the Platform does not imply the waiver, transfer, licensing, or full or partial assignment by Zeew of any intellectual or industrial property rights. Deleting, bypassing, or in any way tampering with the contents of the Zeew Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publishing, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Zeew Platform for public or commercial purposes are also prohibited, save with Zeew’s express written authorization or, where applicable, that of the owner of the rights concerned. Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing Zeew from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to Zeew, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.
If any of the clauses of these General Terms is found to be void by operation of law or voidable, it shall be deemed not to have been included. Such declaration of nullity will not cause the rest of the Agreement to be void, and the said Agreement shall remain valid and effective between the Parties.
15. Applicable Law
The relationship between ZEEW and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Estonian law; and any disputes shall be submitted to the Courts of Estonia unless the User requests that they be submitted to the courts applicable to his or her home address.