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1. Important things You need to know when using ZEZOOM

1.1 Jurisdiction Restrictions: If the laws of Your country prohibits You from using the services ZEZOOM offers because said services are not allowed in Your country, please don’t use them.

1.2 This Agreement: These Terms of Service together with all updates and any Additional Terms applicable to Your use of the ZEZOOM Websites and Products, collectively constitute the legal agreement between You and ZEZOOM GLOBAL AG. By using ZEZOOM services, You agree to these Terms of Service. If You do not agree to these Terms of Service, do not use the Products and Services. Please make sure You have read and agreed to the Privacy Policy and any other Additional Terms which apply to Your use of the ZEZOOM Websites and Products and Services. In some countries, our local partner may provide the Products. If so, You will be asked to accept the partner’s own terms of services, which will supersede these Terms of Service in case of conflict. You should print off or save a copy of these Terms or Service for Your records.

2. Definitions

Capitalized terms and expressions shall have the following meanings:

2.1 Product(s): the internet services provided by ZEZOOM GLOBAL AG in accordance with these Terms of Service (including, without limitation, property address, agent contact information, online numbers, Subscriptions) and all Subscriptions levels of ZEZOOM, and any and all upgrades.

2.2 Terms of Service: these terms of service as may be renewed and/or amended from time to time.

3. What You should and should not expect from us

These should be Your expectations when You use ZEZOOM:

3.1 Quality: ZEZOOM will try to provide the Products with minimum disruptions. However please understand that ZEZOOM cannot guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products may be transmitted through public Internet lines, there may be power outages or Internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality and speed of Your communication.

3.2 Technical improvement and maintenance: ZEZOOM may change technical features in order to keep pace with the latest demands and technological developments or to comply with any and all regulations. ZEZOOM may also have to repair, improve, and/or upgrade the Products and this may require us to restrict, limit, suspend, interfere and/or interrupt the Products and/or Service.

3.3 Content: ZEZOOM does not control, nor edit before uploading any content. The content is entirely the responsibility of the person, persons or agents from whom such content originated. You, therefore, may be exposed to content that is objectionable to You. ZEZOOM will in no case be held responsible for said content.

4. What we expect from You

4.1 Information: You will be required to provide ZEZOOM in good time with any data or information necessary for a proper provision of the Products.

4.2 No reselling: You agree not to resell the Products to any third party, without the written consent of ZEZOOM.

4.3 Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ZEZOOM AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE ZEZOOM GLOBAL AG PRODUCTS.

5. Payment

5.1 ZEZOOM Subscriptions: For You to use certain Products and or Services. You must have a current and active subscription, which is purchased by You (or an Administrator of Your account) from ZEZOOM and allocated to Your User Account. You must pay sufficient funds as part of the subscription through Your PayPal account or debit/credit card, PayPal, promotional voucher, or other means, which may be made available by ZEZOOM. ZEZOOM reserves the right to stop accepting debit or credit cards from one or more issuers.

5.2 Restrictions: ZEZOOM does not guarantee that You will be able to use Your ZEZOOM balance to purchase all the payable Products and/or services. Certain Products may have to be paid for separately.

5.3 Subscriptions: Your ZEZOOM Subscription will automatically renew unless You cancel Your Subscription through Your PayPal account of debit/credit card  and/or contact us to cancel 10 days before the renewal.

5.4 Refund Policy: You can request a refund in case of technical issue which prevent You from using Your ZEZOOM Subscription. ZEZOOM handles each refund request on a case by case basis and may decide at its sole discretion whether or not to pay a refund.

Upon a duly submitted refund request, ZEZOOM may refund You the amount (partially or entirely). Upon a duly submitted refund request, ZEZOOM will refund You on a pro rata basis for the unused period of a Product. This does not apply to subscriptions where upon termination by You.

ZEZOOM reserves the right to deny repetitive refund requests (more than once for any given type of payable Products).

ZEZOOM may refund You in the event You terminate Your subscription as permitted under these Terms of Service or in the event that ZEZOOM terminates these Terms of Service without serious cause.

All refunds shall be paid to the person who initially purchased the ZEZOOM Product, either through the original payment method used, or any other reasonable payment method to be determined by ZEZOOM in its sole discretion.

ZEZOOM reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by You of these terms relating to refunds.

5.5 Payments:

5.5.1 Charges and rates

5.5.1.1 Products: You shall pay ZEZOOM any applicable charges and rates as stated on the ZEZOOM Website in connection with Your purchase and use of the Products. You will be able to pay with all payment method available.

5.5.1.2 Subscriptions: The charges payable for subscriptions determined on the ZEZOOM website.

5.5.2 Change of charges and tariffs: ZEZOOM may change the rates at any time by giving a thirty (30) day notice of such change on the ZEZOOM Website at https://zezoomglobal.com

If You do not wish to accept such adjustment of rates, You may ask for a refund of Your Subscription. The new rate will apply to Your next purchase after the adjustments have been published on the ZEZOOM Website. You agree that by continuing to purchase and/or use the Products following the adjustments of the rates, You accept the new rates.

ZEZOOM may change the charges payable for the purchase of Products at any time without any notice to You. You can choose whether or not to accept the new charges prior to completing Your next purchase of the applicable Product. 

5.5.3 Tax: VAT generally applies and local taxes may apply in certain countries.

5.5.4 Free and reduced price promotions: For a limited period of time, ZEZOOM may offer free and reduced price promotions. In return for offering this, ZEZOOM asks that You use the Product sensibly and don’t abuse the offer. ZEZOOM reminds You that it does not allow You to resell any ZEZOOM product or service, it reserves the right to terminate Your access to Your User Account immediately. Your use of any service, proxy or other devices preventing us from locating You (for example by allocating You an anonymous IP address), ZEZOOM reserves the right to charge Your account, regardless of Your real location.

5.5.5 Charged in error. In the event You believe that ZEZOOM has charged You in error, You must contact ZEZOOM’s customer services at [email protected] within 45 days after such charge. No refunds will be given for any charges which are more than 45 days old.

6. ZEZOOM’s liability to You

6.1 Limitation of Liability: IN NO EVENT SHALL ZEZOOM GLOBAL AG, ITS AFFILIATES, ITS LICENSORS OR THE ZEZOOM STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND

ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).

6.2 THE LIMITATIONS ON ZEZOOM’S LIABILITY TO YOU IN PARAGRAPH 6.1 ABOVE SHALL APPLY WHETHER OR NOT ZEZOOM, ITS AFFILIATES OR THE ZEZOOM STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

6.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF ZEZOOM FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ZEZOOM, THE ZEZOOM STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

6.4 ZEZOOM’S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS (WHERE RELEVANT) IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF 5,000 USD IN ALL CASES IRRESPECTIVE OF WHETHER YOU HAVE PAID FOR THE PRODUCTS (UNLESS THE LOSS IS DUE TO ZEZOOM’S WILLFUL DEFAULT OR GROSS NEGLIGENCE).

6.5 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT: ZEZOOM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES REFERRED TO IN PARAGRAPH 11 BELOW. NEITHER ZEZOOM NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.

6.6 Jurisdiction’s Limitations: As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.

6.7 Force Majeure: You acknowledge and understand that if ZEZOOM is unable to provide the Products as a result of a force majeure event ZEZOOM will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of ZEZOOM. In the event ZEZOOM is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. ZEZOOM SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

7. How long does Your agreement with ZEZOOM last for?

7.1 Duration: The agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by ZEZOOM, or the date of Your first use of any of the Products, whichever occurs earlier, and will remain effective until terminated by either ZEZOOM or You as set out below.

7.2 Termination: You may terminate Your agreement with us at any time. Without limiting other remedies, ZEZOOM or its Affiliates may terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the Products, prohibit access to ZEZOOM’s website, remove hosted content, and take technical and legal steps to keep You off the ZEZOOM Website if we think that You are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, if You purchased ZEZOOM Product from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. ZEZOOM shall effect such termination by preventing Your access to Your User Account and to the Products and ZEZOOM Software. If You provided a valid email address, ZEZOOM may provide notice to You by email.

7.3 Update: ZEZOOM reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless You expressly accept the revised Terms of Service earlier by clicking on the accept button. Your continued use of the Products after expiry of the 30-day period shall constitute Your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If You do not wish to accept these revised Terms of Service, You are entitled to terminate Your User Account by contacting our customer support team, with effect from the date on which the revised Terms of Service would become effective.

8. Third parties’ products and services

8.1: If You encounter any problems upon payment, download or installation, please contact [email protected]

8.2: The third party products or services referred to in paragraph 8.1 above may be subject to the third party provider’s own license agreement and privacy policy that You may have to accept upon download or installation.

8.3: You may also upload or make available various content that You purchased or got for free from third parties. Before posting any content, You should check the conditions imposed by the content providers (if any) and make sure that Your use of this content complies with such conditions. In any event You must have permission from the rightful owner to post the material.

8.4: ZEZOOM reserves the right to remove without notice any content that infringes or may infringe a third party’s right and/or is unlawful, obscene, pornographic, defamatory, libelous, threatening, hateful, racially or ethnically offensive or otherwise inappropriate.

9. Additional terms for Subscriptions

9.1 Subscriptions are for single use only: Each subscription is to be used by one person and or agency only and is not to be shared with any other user. Unusual patterns may be considered indicative of such use and may result in us terminating Your subscription and blocking Your User Account.

9.2: ZEZOOM reserves the right to withdraw or change the subscriptions at any time. If ZEZOOM changes the Products included in Your subscription, ZEZOOM will send a notification by email, stating the changes and their effective date. If You do not wish to accept these changes, You are entitled to terminate Your subscription by email by contacting our Customer Support Team with effect from the date on which the changes are due to take effect.

9.3: In the event that there is, or ZEZOOM suspects that there is, any fraudulent activity or misuse of Your subscription, ZEZOOM reserves the right to terminate Your subscription with immediate effect and without a refund.

9.4: You may terminate Your subscription at any time. If You choose to pay for Your subscription monthly, quarterly or annually (as applicable), You acknowledge and agree that this is a recurring payment and payments shall be made to ZEZOOM by the method You have chosen at the recurring intervals chosen by You, until the subscription is terminated by You or by ZEZOOM.

10. Guidelines for Postings

10.1: You understand and agree You will be solely responsible for the content that You post. Please check the information You submit to make sure it is correct and accurate. Don’t knowingly submit false information;

When posting a listing, You may include truthful comments that reflect Your opinion about the listing. Please don’t make libelous, aggressive or exaggerated comments.

When entering keywords, You should only include keywords that are relevant, objective and pertinent in describing the listing;

You should not submit comments or keywords or any information that is unlawful, offensive, abusive, indecent, obscene, racist, discriminatory or menacing or which does, or is intended to, cause annoyance, inconvenience or worry, or which is fraudulent or defamatory.

10.2: You understand that ZEZOOM has no control over the content made available in Listings and that it is not able to and does not monitor such content. ZEZOOM can therefore not guarantee the accuracy, veracity, integrity or quality of the content made available. Consequently, ZEZOOM disclaims any and all responsibility or liability in relation to the content made available. If You believe a listing violates one or more of these guidelines, please contact ZEZOOM at [email protected]

10.3: ZEZOOM reserves the right to ban temporarily or permanently users who breach these guidelines. ZEZOOM may determine, at its sole discretion, to remove any listing at any time.

11. Additional terms for Recurring Payment

11.1: The Recurring Payment feature will be automatically enabled when You buy a ZEZOOM subscription. You will be recharged with the same amount and by the same payment method chosen when You first sign up, unless You subsequently change the amount by accessing Your User Account. In future the same amount will be charged to Your credit card/PayPal account every time.

11.2: I/We hereby authorize ZEZOOM to charge this credit card and/or PayPal account on a monthly, quarterly or annually basis (as applicable) for the amount due under my/our agreement with ZEZOOM as indicated in the term and conditions, as such amount due under such agreement may change from time to time. If the monthly, quarterly or annually (as applicable) amount initially charged under such agreement changes, ZEZOOM will provide notification of the new amount prior to the first scheduled transaction date for that new amount. If necessary, ZEZOOM may initiate credit adjustments for any charges made in error.

This Recurring Payment is to remain in full force and effect until ZEZOOM has received notification from me of termination of this service in such time and in such manner as to afford ZEZOOM and other applicable third parties a reasonable opportunity to act upon it. Notice may be provided to the email address [email protected]

If You think Your monthly, quarterly or annually (as applicable) statement is incorrect or if You need more information concerning a transaction on Your statement, please email us at [email protected]

Please provide Your name, telephone number and a brief explanation of the problem. We will make any necessary adjustments to Your account within 30 days. After 45 days all charges will be assumed correct.

12. Miscellaneous

12.1 Entire Agreement: The terms and conditions of these Terms of Service and any applicable Additional Terms constitute the entire agreement between You and ZEZOOM with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or ZEZOOM arising out of fraud or fraudulent misrepresentation.

12.2 Partial Invalidity: If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.

12.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If ZEZOOM waives a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

12.4 Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. ZEZOOM is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.

12.5 Applicable Law and Competent Court: The Terms of Service shall be governed by and interpreted in accordance with the laws of Zurich, Switzerland and shall be subject to the jurisdiction of the courts of the district of Zurich, Switzerland.

12.6 Language: The original English version of the Terms of Service may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

12.7 Survival: The terms of paragraphs 4.3, 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE PRODUCTS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO ZEZOOM THE RIGHTS SET FORTH HEREIN.

© ZEZOOM GLOBAL A.G.  – Last revised: January 2017