Terms and conditions Zappiii
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING ON THE MOBILE APPLICATION AND / OR WEBSITE.
- Acceptance of the Terms.
Access to the Mobile Application and / or Website owned by Zappiii (hereinafter, “the software and / or the application”) and the acquisition of services by Users and / or Partners, will be governed by the following Terms and Conditions.
By accessing and registering in the application and / or website provided by Zappiii and the download, installation or use of any associated software it provides, the general objective of which is to allow people who are looking for certain services to be channeled with third parties who are willing to provide such services (“Users – partners”), the status of “User” is attributed and implies full and unreserved acceptance of all the terms and conditions that are in force at the same time you access the Mobile Application and / or Website; you agree that you are legally bound by the contract as if you had signed it.
Thus, these terms and conditions constitute a legal agreement between you (User and / or partner) and Zappiii (“the application”) expressly replacing the agreements or commitments previously entered into with any user. You acknowledge that the services may be made available to all Zappiii users.
You agree that it will be your responsibility to review the terms regularly. In addition, these terms will apply in any country in which you benefit from the application; therefore, using it continuously after said changes, whether you review them or not, represents the consent and acceptance thereof.
Also, additional terms may apply to certain services, which will be disclosed to you in connection with any additional services. These Supplemental Terms are in addition to this agreement and are considered an integral part of the terms and, if the Supplemental Terms differ in the following terms, the Supplemental Terms will prevail.
The Zappiii application is owned, operated and provided by Tiny Ship, S.A., identified with the R.U.C. 155698441-2-2020 DV 33, for professional use only, in accordance with the terms and conditions established in this document.
Each service that a user-partner provides to a user will constitute an independent agreement between said persons. Zappiii is a technological communication platform that does not provide services directly, likewise Zappiii is not a service provider and is not responsible for the relationship between Users and Partners. All interactions are organized and executed between its users, so it will depend on the Users-service provider partners, (who pay a membership to receive the interaction), to offer these services and it will be up to you, the user, to accept said services; therefore, Zappiii is not responsible or liable for the acts and / or omissions carried out by any User-partner in the provision of the service provided to you as a user; nor of any iteration between users.
- Proof of Legal Age and Responsibility for the Information.
By accessing and using the mobile application and / or website provided by Zappiii, being directed exclusively to people who are of legal age, you declare that you are over eighteen (18) years of age and have the necessary legal capacity to accept and be bound by these terms and conditions. The Service is not available to persons under the age of eighteen (18). You confirm that all the information you provide is true and accurate.
- Access and Navigation in the Application.
Zappiii is not responsible for losses or damages of any kind that arise from the sole access, use or inappropriate use of the Application, nor for delays, failures in deliveries and any problem derived from the use of the internet and digital communications. You agree to comply with all applicable laws, whether in your home country or the country, state and city in which you are located while using the Zappiii application.
User and / or partner may only have access to the service from the means authorized by Zappiii. User is responsible for reviewing and ensuring that has downloaded the correct software for his / her device. Zappiii will not be liable if you do not have a compatible device or if you have downloaded an incorrect version of the software on your device. Zappiii reserves the right not to allow you to use the service in the event that you use the application and / or the software with a device that is not compatible, that is not authorized or that has purposes other than those provided for in the software and / or the application.
In the event that you file a claim against Zappiii, it will be limited, in any case, to obtaining the sum of the amount that you actually paid and / or owe to Zappiii for using the service that originated said claim. In no case and under no circumstances, Zappiii and / or its licensees will be liable to you or to any person for damages or losses of any type or class.
Zappiii may immediately terminate these Conditions, the application, website or your account within Zappiii, in general, Zappiii may stop offering or deny access to the services or any part of them, at any time for any reason.
- Services within Zappiii.
Zappiii is a communication platform that allows “User-partners” who pay a membership to receive the interaction, to get in touch and interact with “users” who register to request a service. Thus, all interactions are organized and executed between themselves; therefore, under no circumstances is Zappiii responsible for contracts or services between users. You hereby acknowledge that Zappiii does not provide services and that the services exposed in the Zappiii application are provided by independent partner users, who are not employed by Zappiii or any of its affiliates.
- 5. User and / or Partner Restrictions.
At the time of registering and accepting the terms, you obtain a limited, non-transferable, revocable, non-sublicensable permission to access and use the Zappiii application, as well as any content that may be made available to you through it, which in any case only it will be for personal and non-commercial use. Likewise, you are not authorized by Zappiii and you will not be able to:
- Authorize a third party to use the application on your behalf or use your identity or user status, or transfer your user account to another person or entity.
- Remove any copyright, trademark, or any other proprietary notices from the application.
- Reproduce, modify, prepare derivative works of the application, distribute, license, lease, sell, resell, transfer, publicly display, publicly present, transmit, retransmit or otherwise exploit the application, except with the express written consent of Zappiii;
- Create a product using ideas, characteristics, functions or graphics that are similar to those of the application, or copy any of the ideas, characteristics, functions or graphics thereof.
- Decompile, do reverse engineering, or disassemble the services, or attempt to discover or change the source code.
- Link, mirror or frame any part of the services.
- Cause or launch any program or script for the purpose of extracting, indexing, analyzing or otherwise prospecting for data from any part of the application, or unduly overloading or blocking the operation and / or functionality of any aspect of the application.
- Attempt to obtain unauthorized access or damage any aspect of the application, its related systems or networks.
- Send spam, repetitive, unsolicited messages, material that violates the law, obscene, threatening, defamatory, or that is in any way illegal or improper, including, but not limited to, materials that are harmful to children or violate privacy rights of third parties.
- Submit materials that contain software viruses, worms, Trojans, or other harmful computer code, files, scripts, agents, or programs.
- Impersonate any person or entity, or falsify in any way your affiliation with a person or entity.
- Privacy and Data Protection Policy.
In accordance with the provisions of the Personal Data Protection Law, Zappiii undertakes to adopt the necessary measures that are within its reach to ensure the privacy of the personal data collected in a way that guarantees its security, avoids its alteration, loss or unauthorized treatment.
In addition, in order to comply with the provisions of the Personal Data Protection Law, all personal data that is collected through the application will be treated in accordance with the principles of loyalty, purpose, proportionality, data security, transparency, confidentiality, legality, portability, truthfulness and accuracy. All processing of personal data will be subject to the consent of the owner. In any case, the use of financial or patrimonial data will require the express authorization of their owners; however, this may be given through the application using the mechanisms enabled for this purpose, and in any case the greatest diligence and care will be given to this type of data. You voluntarily accept and give your consent to Zappiii to use and process all the personal information provided such as your full name, gender, personal identification document, date of birth, email, telephone number, data from your debit and / or credit card and other information that may be stored and used occasionally by Zappiii.
At all times, it will be ensured that the personal data contained in the databases or files that are used, if applicable, are relevant, correct and updated for the purposes for which they were collected.
The application may include hyperlinks or links that may access web pages of third parties other than Zappiii. The owners of these websites will have their own privacy and data protection policies, for which Zappiii does not assume any type of responsibility for the data that is provided by the user through any website other than Zappiii.
This type of information will be used to improve the application, detect errors, and possible needs that user may have, in order to offer better quality services and content to users. In any case, the information collected will be anonymous and individual users will not be identified.
It is possible that in the future these policies regarding cookies will change or be updated; for this reason, it is advisable to review the updates that are made to these terms and conditions, in order to be adequately informed about how and why we use the cookies that are generated when entering or using Zappiii.
- Intellectual Property.
Tiny Ship, S.A. is the owner of all the intellectual and industrial property rights of the software and / or the Zappiii application, understanding by this the source code that makes its operation possible, as well as the images, audio or video files, logos, brands, texts, databases, processes, computer codes, color combinations, structures, designs and other elements that distinguish it. They will, therefore, be protected by Panamanian legislation on copyright, trademarks, patents, trade secrets and everything related to intellectual and industrial property, as well as by applicable international treaties. Consequently, is expressly prohibited the reproduction, distribution, or dissemination of the contents of the software and / or the application, for commercial purposes, on any support and by any technological means, without the authorization of Zappiii or its licensors.
User agrees to respect intellectual and industrial property rights of Zappiii. However, in addition to being able to view the elements of the software and / or the Zappiii application, user may print, copy or store them, as long as it is exclusively for his / her strictly personal use.
On the other hand, user will refrain from deleting, altering, or manipulating any element, file, or content, of the software and / or application, and for no reason will carry out acts tending to violate the security, files or databases that are protected, either through restricted access by means of a username and password, or because does not have permissions to view, edit or manipulate them.
In the event that user or any third party considers that any of the content of the software and / or the application constitutes a violation of the rights of protection of industrial or intellectual property, they must immediately notify the designated agent of Zappiii. Visit the Zappiii website in the support section and submit your claim.
- Third Party Content and Services.
Services may be made available or accessible in connection with third-party content and services (including advertising) that Zappiii does not control. You acknowledge and agree that different privacy policies and conditions may apply to your use of such third-party content and services. Zappiii does not endorse such third-party services and content and in no case will it be responsible for any product or service of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation and / or their corresponding international subsidiaries or affiliates will be third party beneficiaries in this contract if you access the services using applications developed for mobile devices with iOS, Android, Microsoft Windows systems, respectively. These third-party beneficiaries are not party to this contract and are not responsible for the provision or support of the services in any way.
Your access to Services using these devices is subject to the conditions established in the applicable third-party beneficiary conditions of service.
- The services and all rights relating thereto are and will remain property of Zappiii or its licensors. Neither of these conditions nor your use of the services transfer or grant you any rights:
- About or concerning the services, except for the limited license granted above;
- To use or mention in any way the company names, logos, product and service names, trademarks or service marks of Zappiii or its licensors.
- Your Use of the Services.
Within the Zappiii application there are two types of users:
- Members: Those who for a single monthly amount paid to Zappiii (registration), will have the right to provide their services within the application.
- Users: will be the people who request the services of our partners and pay them the amount they agree to.
- User Account.
In order to use most aspects of the services, you must register and maintain an active personal user or partner account. To obtain an account you must be at least 18 years old, the account registration requires you to communicate certain personal information to Zappiii, such as your name, address, mobile phone number, license, ID among other personal information, to validate your information. You agree to keep the information in your account accurate, complete and up-to-date. Failure to keep your account information accurate, complete and up-to-date may result in your inability to access and use the services or in Zappiii’s termination of the conditions hereby entered into. You are responsible for all activity that occurs on your account and you agree to keep your account username and password secure and secret at all times. Unless Zappiii allows otherwise in writing, you can only have one account.
- User Requirements and Behavior.
By using the application, you will not cause nuisance, inconvenience, discomfort or damage to property, either to the third-party provider or to any other party. You may be required to provide an identity document or other identity verification element to access or use the services, and you hereby agree that may be denied access or use of the services if you refuse to provide the identity document or the identity verification element.
- Text Messages or Calls.
By creating an account, you agree that users can send you text messages or calls as part of the normal business of their use of the application.
- Promotional Codes.
Zappiii may, at its sole discretion, create promotional codes that can be exchanged for account credit or other elements or benefits related to the services and / or services of a third-party provider, subject to any additional conditions that Zappiii establishes on the basis of each promotional code. You agree that the Promotional Codes:
- Must be used for their intended purpose, and lawfully.
- May not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), unless it is authorized by Zappiii.
- May be invalidated by Zappiii at any time and for any reason, without liability to Zappiii or its licensors.
- May be used only in accordance with the specific conditions that Zappiii establishes for said promotional code.
- Are not valid as cash.
- May expire before you use them.
Zappiii reserves the right to withhold or deduct the credit or other elements or benefits obtained through the use of promotional codes by you or any other user in the event that Zappiii determines or believes that the use or exchange of the promotional codes was wrong, fraudulent, illegal or in violation of the conditions of the promotional code or these conditions.
- Content Provided by User.
Zappiii has a space for you to post or otherwise make available to Zappiii through the application text content and information, audio and / or visual, including comments and opinions regarding services, initiation of support requests, as well as presentation of admissions for competitions and promotions. All user content provided by you will remain your property. However, by providing user content to Zappiii, you grant a worldwide, perpetual, irrevocable, transferable, royalty-free license with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly present or otherwise exploit in any way said user content in all formats and distribution channels, now known or devised in the future (including in relation to Zappiii’s services and business and on third-party sites and services), without further notice or consent from you and without requiring payment from you or any other person or entity.
You Represent and Warrant that:
- You are the sole and exclusive owner of all User Content or you have all the rights, licenses, consents and permissions necessary to grant Zappiii the license to User Content as stated above.
- Neither user content nor its presentation, uploading, publication or otherwise making available such user content, nor the use by Zappiii of user content as permitted herein, will infringe, misappropriate or violate intellectual property or property rights of a third party or rights of publicity or privacy or will result in the violation of any applicable law or regulation.
You agree not to provide user content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal, or otherwise offensive, as determined by Zappiii, in its sole discretion, whether or not such material may be protected by law. Zappiii may, at its sole discretion and at any time and for any reason, without prior notice, review, control or delete user content, but without being obliged to do so.
- Access to Network and Devices.
You are responsible for obtaining the necessary data network access to use the services. Your mobile network messaging and data rates and fees may apply if you access or use the services from a wireless device, and you will be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and any updates to these. Zappiii does not guarantee that the services, or any part of them, will work on any particular hardware or device. In addition, the services may be subject to dysfunctions or delays inherent in the use of Internet and electronic communications.
- Payment Methods from Users to Partners.
User will be able to suggest the price of a service, and the service request is only confirmed if the member accepts this rate. As a user, you agree that, if your offer is accepted, Zappiii will confirm the reservation and inform the member of the total amount of the service, not including taxes and charges that may apply.
You understand that by being a user, the use of the services may derive charges for the services you receive from a “partner” user of Zappiii. After you have received the services or obtained the goods through the use of the services, YOU WILL BE IN CHARGE OF MAKING THE CORRESPONDING PAYMENT to the user “partner” of Zappiii; Zappiii will in no way be responsible for payments. Payment of charges in this manner will be treated as payment made directly by you. Charges will include applicable taxes when required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Zappiii. You keep the right to request lower charges from a member for the services you request. Partners may include other applicable fees and / or surcharges, including application fees, municipal, state, or national / federal fees or charges, late fees, airport surcharges, or installment payment processing fees, among others that are applicable, but all this will be a negotiation only between user and partner, Zappiii or any of its licensors, under no circumstances is responsible for said payments.
Zappiii at any time and in its sole discretion, reserves the right to establish, eliminate and / or revise or increase the charges for “partner” users. Zappiii will use reasonable efforts to inform you of the charges that may apply, as long as you are responsible for the charges incurred on your account, regardless of whether you are aware of such charges or the amounts thereof. Zappiii may, when it deems appropriate, provide certain users with promotional offers and discounts that may result in the charging of different amounts for these or similar services or goods obtained through the use of the Services, and you agree that said promotional offers and discounts, unless they are also made available to you, will not be taken into account in your use of the services or the charges applied to you. You may choose to cancel your request for services to a user at any time.
You understand and agree that you are free to provide additional payment as a bonus to any partner who provides services to you through the application, but you are under no obligation to do so. Gratuities are voluntary. After you have received the services obtained through the application, you will have the opportunity to rate your experience and leave additional comments about the partner, and as well as the partner you will be able to comment, rate and others about the users.
- Resignations; Limitation of Liability, Indemnity.
Services are provided “as is” and “as available”. Zappiii disclaims all representations and warranties, express, implicit, not expressly set forth in these conditions, including the implied warranties of merchantability, fitness for a particular purpose, and non-violation. In addition, Zappiii does not make a statement or provide any guarantee regarding the reliability, punctuality, quality, suitability or availability of the services or any of the services or goods requested through the use of the application, or that the services will not be interrupted or will be error free. Zappiii does not guarantee the quality, suitability, safety or ability of the partners. YOU AGREE THAT ALL RISK ARISING FROM YOUR USE OF THE SERVICES AND ANY SERVICES OR GOODS REQUESTED IN CONNECTION THEREOF WILL BE SOLELY YOURS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND ZAPPIII NOR ITS LICENSORS WILL BE LIABLE.
- Limitation of Liability.
Zappiii nor its licensors will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, data loss, personal injury, or property damage, nor for damages related to, or in connection with, or otherwise derived from any use of the services, even if Zappiii has been advised of the possibility of such damages. Zappiii nor its licensors will be responsible for any damage, liability or loss arising from:
- Your use of or dependence on the services or your inability to access or use the services.
- Any transaction or relationship between users, even if Zappiii had been warned of the possibility of such damages.
- The delay or lack of execution resulting from causes that go beyond the reasonable control of Zappiii.
You may use Zappiii’s services to request and plan transportation services, education, classes, arrangements, etc., with the partners, but you agree that Zappiii has no responsibility to you or to any third party, in relation to any service provided to you by the partners, other than as expressly established in these conditions. You agree to hold harmless and to respond to Zappiii and its board members, directors, employees and agents for any claim, lawsuit, loss, liability and expense (including attorneys’ fees) arising from:
- Your use of the Services obtained through your use of the application.
- Your breach or violation of any of these Conditions.
- Zappiii’s use of your User Content.
- Your infringement of the rights of any third party, including partners.
- Applicable Law.
Unless otherwise specified herein, these Conditions shall be governed and interpreted exclusively by virtue of the Panamanian legislation.
Zappiii may notify you by means of a general notification in the application, by means of an email sent to your electronic address in your account or by written communication sent to your address, as provided in your account. You may notify Zappiii by written communication to Zappiii’s address or by email or by accessing our website in the support section.
- General Provisions.
You may not assign or transfer these conditions, in whole or in part, without Zappiii’s prior written consent. You give Zappiii your approval to assign or transfer these conditions, in whole or in part, including to:
- a subsidiary or an affiliate;
- an acquirer of the capital, business or assets of Zappiii;
- a successor by merger. There is no joint venture or partner relationship, employment or agency between you, Zappiii or another user as a result of the contract between you and Zappiii or the use of the services.
If any provision of these conditions is considered illegal, null or unenforceable, either in whole or in part, in accordance with any legislation, said provision or part of it will be considered not part of these conditions, although the legality, validity and enforceability of the rest of the provisions of these conditions will not be affected. In that case, the parties must replace said illegal, null or unenforceable provision, in whole or in part, with a legal, valid and enforceable provision that has, as far as possible, an effect similar to that of the illegal, null or unenforceable provision, given the contents and purpose of these conditions. These conditions constitute the entire contract and the understanding between the parties in relation to the object and supersede and replace all previous or contemporary contracts or agreements in relation to said object. In these conditions, the words “included” (male / female) and “include” (singular / plural) mean “included, merely for illustrative purposes”.
- Waiver of Collective Claims.
By voluntarily accepting this agreement, you agree that, in its entirety, pursuant to applicable law, the lawsuit or arbitration proceedings related to this agreement are carried out exclusively on an individual basis, and that class action claims or claims on behalf of third parties will not be considered.
Disputes cannot be integrated without the written consent of all parties. No decision or determination of the tribunal or arbitrator shall have prejudicial force on the issues or claims in any dispute with persons other than the parties declared in such arbitration proceedings.
This means the following:
- You agree that you may not file a claim as a plaintiff or participant in a class action lawsuit, integrated lawsuit, or representative lawsuit.
- The parties agree that the arbitrator or tribunal cannot integrate the claims of more than one person into a single claim, nor can it carry out arbitration or claim procedures of an integrated, collective or representative nature (unless all the parties agree to change this).
- The parties agree that the decision or determination of an arbitrator or tribunal in the case of a claim by one person applies only to the person who filed this claim, but not to other people, and cannot be used to resolve other disputes with other plaintiffs.
Once you visit our website and download and use our application, you agree that the laws of your country of residence, without violating the principles of conflict of laws, are legally binding with respect to these terms and any dispute of any kind that may arise between us.
If you have any doubts, queries or questions about these terms and conditions please feel free to write to us at: email@example.com (business hours subject to office hours, Monday through Thursday from 8:30 am to 5:30 pm).