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.
2. Terms of Use
By accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms of Use and Contracting and to the Privacy Policy and the Cookie Policy. 3. Access and Registration for Customers In order to be a Customer of the Platform, it is essential that you meet the following requirements: You must be at least 18 years of age. You must truthfully complete the mandatory fields of the registration form requesting personal details such as the user’s name, e-mail address, telephone number, and bank card number. You must agree to these Terms of Use and Contracting. You must accept the Privacy Policy. You must accept the Cookie Policy The User warrants that all the information regarding his/her identity and capacity provided to Zeew in the registration forms for the Platform is true, accurate, and complete. In addition, the User undertakes to keep his/her details up to date. If a User provides any false, inaccurate or incomplete information or if Zeew considers that there are well-founded reasons to doubt the truthfulness, accuracy or integrity of such information, Zeew may deny that User current or future access to, and use of, the Platform or any of its contents and/or services. When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal, and non-transferable. In order to increase the security of accounts, Zeew recommends that users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, Zeew will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile. Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password. The user will be the sole owner of the content entered by him/her on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms and Conditions, the User grants Zeew, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable license, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicize and exploit it in any way that may be deemed appropriate by Zeew, with or without any further communication to the User and without having to pay any amounts for such uses. Zeew cannot guarantee the identity of registered users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform Zeew immediately, using the communication channels made available by Zeew, if their credentials are stolen, disclosed, or lost.
3.1 Profile
In order to complete their registration on the Platform, Users must provide certain details, such as username, e-mail address, telephone number, bank card details, etc. Once they have completed the registration process, all Users can access their profile and complete or edit it, and/or deregister, as they deem appropriate. Zeew does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these Terms and Conditions and in the Privacy Policy.
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.
8. Geolocation
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
Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use. Users are responsible for correctly entering their individual usernames and passwords, which must be non-transferable and sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the platform. Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform. Zeew may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any of the opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers. Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Zeew will accept no liability for any consequences, loss, or damage that may arise from such illegal use or access by third parties. In general, Users undertake, by way of example without limitation: To refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other way tampering with its functions or services; To refrain from infringing industrial and intellectual property rights or the rules on personal data protection; To refrain from using the Platform to insult, defame, intimidate or harass other Users or attacking their image; To refrain from accessing other Users’ e-mail accounts; To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Zeew’s or third parties’ contents or systems; To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent; To refrain from advertising goods or services without Zeew’s prior consent.
10. Responsibility for Content
Zeew does not control (and is under no obligation to control) how Users use the Platform. It therefore does not guarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or prudent manner. Zeew does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness, and/or authenticity of the data supplied by them. Zeew rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, Zeew accepts no responsibility for the use of the application or for any orders that may be made by a third party from the User’s account. Notwithstanding the foregoing, Zeew reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, Zeew may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to Zeew all exploitation rights arising from the contents thus supplied.
11. No Warranty in Assignments or Payments
By becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Zeew. 12. Updates and Changes to the Platform Zeew reserves the right to amend these General Terms of Use, the Privacy Policy, and the Cookie Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the Zeew app Platform. In addition, Zeew reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation, and access conditions, without thereby accepting any liability in relation thereto. Zeew does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, Zeew shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.
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.
14. Severability
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.
