Thank you for choosing Zygä (Zygä)!
Please
read these Terms of Service carefully as they contain important
information about your legal rights, remedies and obligations. By
accessing or using Zygä you agree to comply with and be bound by these
Terms of Service.
These Terms
of Service constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and Zygä Ltd
(Zygä Oy, “Zygä”, we,” “us” or “our”), concerning your access to and use
of the Zygä web service as well as any other media form, media
channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively known as “Zygä ”). You hereby
agree that by using Zygä, you have read, understood, and agree to be
bound by all of these Terms. If you do not agree with all of these
Terms, then you are expressly prohibited from using the site and you
must discontinue its use immediately.
Supplemental
Terms or documents that may be posted in Zygä from time to time are
hereby expressly incorporated herein by reference. We reserve the right,
in our sole discretion, to make changes or modifications to these Terms
at any time and for any reason. We shall alert you about any changes by
updating the “Last updated” date of these Terms and you waive any right
to receive a specific notice of each such Terms change. It is your
responsibility to periodically review these Terms to stay informed of
updates. You shall be subject to, and shall be deemed to have been made
aware of and to have accepted, the changes in any revised Terms by your
continued use of Zygä after the date such revised Terms are posted.
The
information provided in Zygä is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access
Zygä from other locations do so on their own initiative and are then
solely responsible for compliance with local laws to the extent local
laws are applicable. Our
collection and use of personal information in connection with your
access to and use of Zygä is described in our Privacy Policy.
Lenders
are solely responsible for understanding and complying with all laws,
rules and regulations that apply to the Vehicles and Lending Services,
similarly for Borrowers for Borrowing Services.
Table of Contents
- Zygä Web Service
- Modification of these Terms
- Account Registration
- Content
- Intellectual Property Rights
- Service Fees
- Terms specific to Lenders
- Terms specific to Borrowers
- Reservation Modifications and Cancellations and Refunds
- Ratings and Reviews
- Damage to Vehicles, Disputes between Members
- Prohibited Activities
- Term and Termination, Suspension, other Measures
- Disclaimers
- Liability
- Indemnification
- Dispute Resolution and Arbitration Agreement
- Feedback
- Applicable Law and Jurisdiction
- General Provisions
1. Zygä Web Service
1.1
Zygä is an online peer-to-peer sharing platform operating also as a
Vehicle, mainly bicycle, identity database enabling registered users
(“Members”) and certain third parties who offer services (Members and
third parties who offer services are “Lenders” and the services they
offer are “Lending Services”) to publish such Lending Services on the
Zygä (“Listings”) and to communicate and transact with Members that are
seeking to reserve such Vehicle Sharing (Members using Lending Services
are “Borrowers”).
1.2 As the
provider of Zygä, Zygä Ltd does not itself own, create, sell,
resell, provide, control, manage, offer, deliver, or supply any Vehicles
or Lending Services. Lenders alone are responsible for their Vehicle
Listings and content shared by them. When Members make or accept a
reservation, they are then entering into a contract directly with each
other, not with Zygä Ltd. This means that Zygä Ltd is not a
party to or other participant in any contractual relationship between
Members nor it acts as a broker or an agent for any Members.
1.3
While Zygä may help to facilitate the resolution of disputes, it would
then do so at its own discretion, and Zygä Ltd has no control over
any disputers and does not guarantee the existence, quality, safety,
suitability, or legality of any Listings, the truth or accuracy of any
Listing descriptions, Ratings, Reviews, or other Member Content. Any
references to a Member being "verified" only indicate that the Member
has completed the verification or identification processes offered with
the service. Any such description does not mean that Zygä Ltd would
guarantee that it is trustworthy. It remains the Members’ own
responsibility to exercise careful due diligence when deciding whether
to reserve a Vehicle from a Lender, accept a reservation request from a
Borrower, or communicate with other Members in any form.
1.4
If a Member chooses to use Zygä as a Lender, the Member’s relationship
with Zygä Ltd is limited to being an independent, third-party
contractor, and not an employee, agent, joint venture or partner of Zygä Ltd and the Member acts exclusively on their own behalf and not on behalf nor for the benefit of Zygä Ltd.
1.5
Zygä may contain links to other websites ("Third-Party Websites") as
well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content or
items belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by Zygä, and Zygä Ltd is not responsible for any
Third-Party Websites accessed through Zygä or any Third-Party Content
posted on, or available through, Zygä, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. Members should review the
applicable terms and policies, including privacy and data gathering
practices, of any website to which the Member navigate from Zygä. Any
purchases made by Members through Third-Party Websites shall be through
other websites and from other companies, and Zygä Zone Ltd takes no
responsibility whatsoever in relation to such purchases which are
exclusively between the Member and the applicable third party. Members
agree and acknowledge that Zygä does not endorse the products or
services offered on Third-Party Websites and Members shall hold Zygä
Zone Ltd harmless from any harm caused by the Members’ purchase of such
products or services. Additionally, Members shall hold Zygä Ltd
harmless from any losses sustained by any Member or harm caused to you
relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites.
1.6
Zygä cannot guarantee continuous and uninterrupted availability of
service. Zygä Ltd always reserves the right to restrict the
availability of Zygä or certain areas or features during a maintenance
or improvement work. Zygä Ltd may ameliorate and modify the Zygä
service and introduce new features from time without any Member consent.
1.7 Zygä is intended to be
used by adult people over 18 years old, or any other age threshold that
designates adult in legal terms. By using the service as a Borrower or
Lender, Members represent and warrant that they are at least 18 years
old and have the legal capacity and authority to enter into a contact
with other Members.
1.8 Zygä
Zone Ltd may at its own discretion make the access and use of the
service, or areas or features of the Zygä, subject to specific terms
and conditions, by for example requiring a completed verification
process to be done in advance of using any of its services.
1.9
Zygä Ltd does not assume any responsibility for the confirmation
of any Member identity. Notwithstanding the above, for transparency and
fraud prevention purposes we may ask Members to provide a form of
identification or other information or undertake additional checks
designed to help verify the identities or backgrounds of Members, screen
Member against third party databases or other sources any request
reports from service providers.
1.10
The access or use of certain areas and features of Zygä may be subject
to separate policies, standards or guidelines, or may require that
Members accept additional terms. If there is a conflict between these
Terms applicable to a specific area or feature of Zygä, the latter
terms and conditions take precedence with respect to your access to or
use of that area or feature.
2. Modification of these Terms
Zygä
Zone Ltd reserves the right to modify these Terms at any time in
accordance with this provision. If you disagree with the revised Terms,
you may terminate this Agreement immediately by deleting your account.
3. Account Registration
3.1
You must register an account (“Zygä Account") to access and use
certain features of Zygä, such as publishing or reserving a Listing. If
you are registering a Zygä Account for a company or other legal
entity, you represent and warrant that you have the authority to legally
bind that entity. You must as well grant us all permissions and
licenses provided in these Terms.
3.2
You can register a Zygä Account using an email address and creating a
password, or through your account with certain third-party social
networking services, such as Facebook ("SNS Account"). You have the
ability to disable the connection between your Zygä Account and your
SNS Account at any time.
3.3 You must provide accurate and complete information during
the registration process and keep your Zygä Account and public Zygä Account profile page information up-to-date at all times.
3.4 You may not register more than one (1) Zygä Account unless Zygä Ltd authorizes you to do so.
3.5
You agree to keep your password confidential and shall be responsible
for all use of your account and password. We reserve the right to
remove, reclaim, or change a user name you select if we determine, in
our sole discretion, that such user name is inappropriate, obscene, or
otherwise objectionable. You are not allowed to sell or otherwise
transfer your Zygä Account to others.
3.6
Zygä Ltd may enable features that allow you to authorize other
Members or certain third parties to take certain actions that affect
your Zygä Account. For example, we may allow Members associated with an
Enterprise to reserve for other Members, or we may allow Lenders to add
other Members to help manage their Listings.
3.7
CERTAIN INFORMATION, SUCH AS USER NAME, MAY BE RECORDED USING
DISTRIBUTED LEDGER TECHNOLOGY (DLT), AND THUS WE RECOMMEND USERS CHOOSE A
USER NAME NOT DIRECTLY REFLECTING THEIR FULL NAME. BY REGISTERING A
ZYGÄ ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU HAVE UNDERSTOOD THAT
CERTAIN INFORMATION MAY BE RECORDED USING DLT APPROACH AND THUS CANNOT
BE DELETED FROM THEREAFTER. ZYGÄ LTD USES THEIR BEST JUDGMENT TO
ENCRYPT DATA THAT MAY BE CONSIDERED OF HIGHLY PRIVATE NATURE.
4. Content
4.1
Zygä Ltd can enable, at its sole discretion, Members to create,
upload, post, send, receive and store content, such as text, photos,
video, or other materials and information on or through Zygä ("Member
Content”).
4.2 Zygä may
invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with
the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or in
Zygä, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other Member Content. Member Content may be viewable by other Members
of Zygä and through third-party websites. As such, any Member Content
you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Member Content, you thereby
represent and warrant that Member Content:
– is not in any manner contemplated by Zygä and these Terms of Service.
– is not false, inaccurate, or misleading.
– is not unsolicited or unauthorized pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
–
is not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
– does not ridicule, mock, disparage, intimidate, or abuse anyone.
– does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
– does not violate any applicable law, regulation, or rule.
– does not violate the privacy or publicity rights of any third party.
–
does not contain any material that solicits personal information from
anyone under the age of 18 or exploits people under the age of 18 in a
sexual or violent manner.
–
does not violate any federal or state law concerning child pornography,
or otherwise intended to protect the health or well-being of minors.
–
does not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
–
does not otherwise violate, or link to material that violates, any
provision of these Terms of Service, or any applicable law or
regulation.
– The creation,
distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Member Content do not and
shall not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret, or moral rights of any
third party.
4.3 Any use of
Zygä in violation of the foregoing violates these Terms of Service and
may result in, among other things, termination or suspension of your
rights to use Zygä.
4.4 Zygä
Zone Ltd respects copyright law and expects its Members to do the same.
If you believe that any content on the Zygä infringes copyrights you
own, please notify us at help@zyga.zone.
5. Intellectual Property Rights
Unless
otherwise indicated, Zygä is proprietary property of Zygä Ltd and
all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics in Zygä and the
trademarks, service marks, and logos contained therein are owned or
controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of Finland foreign jurisdictions, and international
conventions. The content and the Marks are provided in Zygä “AS IS” for
your information and personal use only. Except as expressly provided in
these Terms of Service, no part of Zygä and no Member Content may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever,
without our prior written permission.
6. Service Fees
6.1
Zygä Ltd may charge fees to Lenders (“Lending Fees") and/or
Borrowers (“Borrowing Fees") (collectively known as "Service Fees") in
consideration for the use of Zygä.
6.2
Any applicable Service Fees (including any applicable Taxes) shall be
displayed to a Borrower or Lender prior to publishing or reservation a
Listing. Zygä Ltd reserves the right to change the Service Fees at
any time, and we shall provide Members a notice of any fee changes
before they become effective.
6.3
Members are responsible for paying any Service Fees that they owe to
Zygä Ltd. The applicable Service Fees are due and payable and
collected by Zygä Ltd.
7. Terms specific for Lenders
–
When adding or sharing a Vehicle through Zygä you must provide
up-to-date information about your Listings, disclose any deficiencies,
restrictions and requirements that apply.
– You are required to keep your Listing information up-to-date at all times.
–
You are responsible for setting a price (including any Taxes if
applicable) for your Listing (“Listing Fee”). Once a Borrower requests a
reservation of your Listing, you may not request a higher price.
– Any terms and conditions included in your Listing must not conflict with these Terms.
–
Pictures used in your Listings must accurately reflect the quality and
condition of your Vehicles and you must own the rights.
–
When you accept a reservation request by a Borrower, you are entering
into a binding agreement with the Borrower and are required to provide
your Vehicle(s) to the Borrower as described in your Listing when the
reservation request is made.
– Zygä Ltd recommends that Lenders obtain appropriate insurance for their Vehicles.
– You may list various vehicles per account.
–
If you require a security deposit for your Vehicle, you must inform
about this in your Listing ("Security Deposit"). Lenders are not allowed
to ask for a Security Deposit after a reservation has been requested.
–
You represent and warrant that any Listing you post shall not breach
any agreements you have entered into with any third parties, and comply
with all applicable laws. As a Lender, you are responsible for your own
acts and omissions.
– To be
considered for publishing Listing(s) in Zygä, the Vehicles must be
always in a good condition and meet Borrow demand. Zygä Ltd
reserves the right to decide, in its sole discretion, if a submitted
Vehicle can remain published in Zygä.
–
You represent and warrant that you understand and comply with all laws
that may apply to your Lending Services, and shall obtain any required
licenses, permits, or registrations prior to providing your Vehicle(s).
8. Terms specific for Borrowers
–
Verified Members can reserve a Vehicle available on Zygä by following
the reservation process. All possible applicable fees shall be presented
to you prior to reserving a Vehicle. You agree to pay the Total Fees
for any reservation requested in Zygä.
–
If you reserve a Vehicle on behalf of someone else, you are required to
ensure that they meet any requirements set by the Lender, and is made
aware of and agrees to these Terms and any terms and conditions set by
the Lender. If you are reserving for an additional user who is under 18
years old, you warrant that you are legally authorized to act on behalf
of the person. Under 18 years old may only participate in borrowing a
Vehicle if accompanied by an adult.
–
You understand that a confirmed reservation of a Vehicle is a limited
license granted to you by the Lender to use the Vehicle for the duration
of your reservation.
– You
agree to bring back the Vehicle no later than the reservation ends as
mutually agreed upon between you and the Lender. If you keep the Vehicle
past the agreed ending time without the Lender’s consent, you no longer
have a license to borrow the Vehicle and the Lender is entitled to make
you give back the Vehicle in a manner consistent with applicable law.
–
Borrower must meet any minimum age, proficiency, fitness or other
requirements, which the Lender has specified in their Listing. You are
required to inform the Lender of any medical or physical conditions, or
other circumstances that may impact your and any additional user’s
ability to safely borrow a Vehicle. You are responsible for identifying,
understanding, and complying with all laws, rules and regulations that
apply to your reservation of a Vehicle borrowing.
– Zygä Ltd recommends that Borrowers obtain appropriate insurance in the case of personal accidents.
– Before and during a Lending Service you must adhere to the Lender’s instructions.
– You may not give the borrowed Vehicle to anyone else unless the Lender has given a written consent in Zygä or by email.
9. Reservation Modifications and Cancellations and Refunds
9.1 Lenders and Borrowers are responsible for any modifications to a reservation that they make through Zygä.
9.2
Lenders can cancel a confirmed reservation at any time subject to the
Listing’s cancellation policy (standardly 24 hours before the start of
the reservation time).
9.3
Borrowers can cancel a confirmed reservation at any time subject to the
Listing’s cancellation policy (standardly 24 hours before the start of
the reservation time).
9.4 If
inclement weather creates an unsafe or uncomfortable scenario for
Borrowers, Lenders may modify or cancel a Vehicle reservation.
9.5
In certain circumstances, Zygä Ltd may decide, in its sole
discretion, that it is necessary to cancel a confirmed reservation and
make appropriate refund and payout decisions. Zygä Ltd shall do
this by taking the legitimate interests of both parties into account to
avoid significant harm to Zygä Ltd, other Members, third parties or
property, or for any of the reasons set out in these Terms.
10. Ratings and Reviews
10.1
Members may be able to leave reviews or ratings of Vehicles or other
Members. When posting a review, you must comply with the following
criteria:
– You should have firsthand experience with the Vehicle or person/entity being reviewed.
– Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
–
Your reviews should not contain discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual
orientation, or disability.
– Your reviews should not contain references to illegal activity.
– You should not be affiliated with competitors if posting negative reviews.
– You should not make any conclusions as to the legality of conduct.
– You may not post any false or misleading statements.
– You may not organize a campaign encouraging others to post reviews, whether positive or negative.
10.2
Zygä Ltd may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not represent our
opinions or the views of any of our affiliates or partners. We do not
assume liability for any review or for any claims, liabilities, or
losses resulting from any review. By posting a review, you hereby grant
to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sub-licensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
11. Damage to Vehicles, Disputes between Members
11.1
As a Borrower, you are responsible for bringing back the Vehicle to a
place mutually agreed and in the condition it was in when you received
it. You are responsible for your own acts and omissions and are also
responsible for the acts and omissions of any individuals whom you give
the Vehicle to, excluding the Lender.
11.2
ZYGÄ LTD ENCOURAGES LENDERS TO OBTAIN A SUFFICIENT INSURANCE FOR
THEIR VEHICLE(S), AND SIMILARLY TO BORROWERS. IN CASE OF DAMAGE OR
THEFT, ANY DISPUTES SHOULD BE SETTLED BETWEEN THE LENDER AND BORROWER.
ZYGÄ LTD MAY CHOOSE, IN OUR SOLE DISCRETION, NOT TO ACT AS AN
INTERMEDIATOR IN ANY DISPUTES. ZYGÄ LTD IS NOT LIABLE OF ANY DAMAGE
OR THEFT CAUSED BY ANYBODY.
12. Prohibited Activities
12.1
You are solely responsible for compliance with any and all laws, rules,
regulations, and Tax obligations that may apply to your use of Zygä.
12.2
You may not access or use Zygä for any purpose other than that for
which we make Zygä available. Zygä may not be used in connection with
any commercial endeavours except those that are specifically endorsed or
approved by us.
- As
a Member of Zygä, you agree not to: (1) Systematically retrieve data
or other content from Zygä to create or compile, directly or
indirectly, a collection, compilation, database, or directory without
written permission from us. (2) Trick,
defraud, or mislead us and other Members, especially in any attempt to
learn sensitive account information such as user passwords. (3) Make improper use of our support services or submit false reports of abuse or misconduct. (4) Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools. (5) Interfere
with, disrupt, or create an undue burden on Zygä or the networks or
services connected to Zygä. (6) Attempt to impersonate another user or
person or use the user name of another Member. (7) Sell
or otherwise transfer your profile. (8) Use any information obtained
from Zygä in order to harass, abuse, or harm another person. (9)
Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of Zygä. (10)
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of Zygä to you. (11) Delete the
copyright or other proprietary rights notice from any Content. (12) Copy
or adapt Zygä software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code. (13) Interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred
to as “spyware” or “passive collection mechanisms” or “pcms”). (14)
Disparage, tarnish, or otherwise harm, in our opinion, Zygä Ltd
and/or Zygä. (15) Breach or circumvent any applicable laws or
regulations, agreements with third-parties, third-party rights, or our
Terms. (16) Use Zygä or its content for any commercial or other
purposes that are not expressly permitted by these Terms. (17) Use Zygä
in connection with the distribution of unsolicited commercial messages
("spam”). (18) Offer, as a Lender, any Vehicle that you do not yourself
own or have permission to make available as a Listing through the Zygä.
(19) Contact another Member for any purpose other than asking a
question related to a your own reservation, Listing, or the Member's use
of Zygä, including, but not limited to, recruiting or otherwise
soliciting any Member to join third-party services, applications or
websites, without our prior written approval. (20) Use Zygä to request,
make or accept a reservation independent of Zygä, to circumvent any
Service Fees or for any other reason. (21) Use, display, mirror or frame
the Zygä or Collective Content, or any individual element within
Zygä, Zygä Ltd, any Zygä Ltd trademark, logo or other
proprietary information, or the layout and design of any page or form
contained on a page in Zygä, without written consent from Zygä
Ltd. (22) Use any robots, spider, crawler, scraper or other automated
means or processes to access, collect data or other content from or
otherwise interact with Zygä for any purpose. (23) Attempt to decipher,
decompile, disassemble or reverse engineer any of the software used to
provide Zygä. (24) Export, re-export, import, or transfer Zygä except
as authorized by Finland law, the export control laws of your
jurisdiction, and any other applicable laws. (25) Violate or infringe
any one else’s rights or otherwise cause harm to anyone.
12.4 You acknowledge that Zygä Ltd has no obligation to monitor the use of
Zygä by any Member or to review, disable access to, or edit any Member
Content, but has the right to do so to operate, secure and ameliorate
Zygä.
12.5 If you feel that
any Member you interact with, whether online or in person, is acting or
has acted inappropriately, you should immediately report such person to
the appropriate authorities and then to Zygä Ltd by contacting us
with your police station and report number (if available); provided that
your report shall not obligate us to take any action beyond that
required by law (if any) or cause us to incur any liability to you.
13. Term and Termination, Suspension and other Measures
13.1
You may terminate this Agreement at any time through the "Delete
Account" feature on Zygä or by sending an email to help@zyga.zone. If
you cancel your Zygä Account as a Lender, any confirmed reservation(s)
shall be automatically cancelled. If you cancel your Zygä Account as a
Borrower, any confirmed reservation(s) shall be automatically cancelled.
13.2 Zygä Ltd may
terminate this Agreement or deactivate your User account immediately if
you have materially breached your obligations under these Terms or you
have violated applicable laws, regulations, or third party rights.
13.3
For all other breaches of this Agreement, you shall be provided notice
and an opportunity to cure the breach. If the breach is cured in a
timely manner and to Zygä Ltd’s satisfaction, this Agreement shall
not be permanently terminated.
14. Disclaimers
14.1
You agree that you have had an opportunity to examine Zygä, laws,
rules, or regulations that may be applicable to your Listings and/or
Lending Services you are receiving.
14.2 If we need to conduct background checks on any Member,
to
the extent permitted by applicable law, we disclaim warranties of any
kind, that such checks shall identify prior misconduct by a Member or
guarantee that a Member shall not engage in misconduct in the future.
14.3
You agree that some Vehicles lending may carry inherent risk and you
freely and willfully assume those risks by choosing to reserve a
Vehicle. If you are bringing a person who is under 18 years as an
additional guest, you are solely responsible for the supervision of that
person throughout the duration of your Lending Service and to the
maximum extent permitted by law, you agree to release and hold harmless
Zygä Ltd from all liabilities and claims that arise in any way from
any injury, death, loss or harm that occurs to that person during the
Lending Service or in any way related to your Lending Service.
14.4
ZYGÄ IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF ZYGÄ SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH ZYGÄ AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE SHALL ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/ OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
ZYGÄ, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ZYGÄ. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ZYGÄ, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE SHALL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14.5 The foregoing disclaimers apply to the maximum extent permitted by law.
15. Liability
15.1
You acknowledge and agree that, to the maximum extent permitted by law,
the entire risk arising out of your access to and use of Zygä, your
listing or reservation of any Vehicle through Zygä, any interaction you
have with other Members whether in person or online remains with you.
Neither Zygä Ltd nor any other party involved in Zygä or Member
Content shall be liable for any incidental, special, exemplary or
consequential damages, including lost profits, loss of data or loss of
goodwill, service interruption, computer damage or system failure or the
cost of substitute products or services, or for any damages for
personal or bodily injury or emotional distress arising out of or in
connection with these Terms, using Zygä, form interaction with other
Members or using Lending Services. The limitations of damages set forth
above are fundamental elements of the basis of the bargain between Zygä
Zone Ltd and you.
15.2 CERTAIN
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
16. Indemnification
You
agree to defend, indemnify, and hold Zygä Ltd harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) Vehicle
lending and/or borrowing (2) use of Zygä ; (3) breach of these Terms;
(4) any breach of your representations and warranties set forth in these
Terms; (5) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (6) any overt harmful
act toward any other user of Zygä with whom you connected through
Zygä. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We shall use reasonable
efforts to notify you of any such claim, action, or of proceeding which
is subject to this indemnification upon becoming aware of it.
17. Dispute Resolution and Arbitration Agreement
17.1
This Dispute Resolution and Arbitration Agreement shall apply if you
reside in Finland; or do not reside in Finland, but bring any claim
against Zygä Ltd in Finland.
17.2
Prior to initiating any arbitration, you and Zygä Ltd each agree
to notify the other party of the dispute and attempt to negotiate an
informal resolution to it first. We shall contact you at the email
address you have provided to us; you can contact Zygä Ltd’s
customer service team by emailing help@zyga.zone.
17.3
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) shall be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT.
17.4
You and Zygä Ltd mutually agree that any dispute, claim or
controversy arising out of or relating to these Terms or the breach,
termination, enforcement or interpretation thereof, or to the use of
Zygä, the Lending Services, or the Collective Content (collectively,
“Disputes”) shall be settled by binding arbitration.
17.5
You and Zygä Ltd each agree that the following claims are
exceptions to the Arbitration and shall be brought in a judicial
proceeding in a court of competent jurisdiction: (1) Any claim related
to infringement, misappropriation or violation of a party’s copyrights,
trademarks, trade secrets, patents, or other intellectual property
rights; (2) Any claim seeking emergency injunctive relief based on
exigent circumstances.
17.6
You and Zygä Ltd acknowledge and agree that we are each waiving
the right to a trial by jury as to all arbitrable Disputes.
17.7
YOU UNDERSTAND AND AGREE THAT YOU AND ZYGÄ LTD MAY EACH BRING
CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY
AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. YOU
UNDERSTAND AND AGREE THAT YOU AND ZYGÄ LTD BOTH ARE WAIVING THE
RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
17.8
If Zygä Ltd changes this Section (“16. Dispute Resolution and
Arbitration Agreement”) after the date you last accepted these Terms (or
accepted any subsequent changes to these Terms), you may reject any
such change by sending us written notice (including by email) within
thirty (30) days of the date such change became effective, as indicated
in the “Last Updated” date above or in the date of Zygä Ltd’s email
to you notifying you of such change. By rejecting any change, you are
agreeing that you shall arbitrate any Dispute between you and Zygä
Ltd in accordance with the provisions of the “Dispute Resolution and
Arbitration Agreement” section as of the date you last accepted these
Terms (or accepted any subsequent changes to these Terms).
17.9 This agreement to arbitrate survives after the Agreement terminates or your relationship with Zygä Ltd ends.
18. Feedback
Zygä
Zone Ltd welcomes Members to provide feedback, comments and suggestions
to improve Zygä (“Feedback“). You may submit Feedback by sending email
to help@zyga.zone. Any Feedback you submit shall be considered
non-confidential and non-proprietary to you. By submitting Feedback, you
grant us a license to use and publish those ideas and materials for any
purpose, without any compensation to you.
19. Applicable Law and Jurisdiction
These
Terms shall be interpreted in accordance with Finnish law. The choice
of law does not impact your rights as a consumer according to the
consumer protection regulations of your country of residence. If you are
acting as a consumer, you agree to submit to the non-exclusive
jurisdiction of the Finnish courts. Judicial proceedings that you are
able to bring against us arising from or in connection with these Terms
may only be brought in a court located in Finland or a court with
jurisdiction in your place of residence. If Zygä Ltd wishes to
enforce any of its rights against you as a consumer, we may do so only
in the courts of the jurisdiction in which you are a resident. If you
are acting as a business, you agree to submit to the exclusive
jurisdiction of the Finnish courts.
20. General Provisions
20.1
Except as they may be supplemented by additional terms and conditions,
policies, guidelines or standards, these Terms constitute the entire
Agreement between the Member and Zygä Ltd pertaining to the subject
matter hereof, and supersede any and all prior oral or written
understandings or agreements between Zygä Ltd and the Member in
relation to the access to and use of Zygä.
20.2
No joint venture, partnership, employment, or agency relationship
exists between the Members and Zygä Ltd as a result of this
Agreement or your use of Zygä.
20.3
Members may not assign, transfer or delegate this Agreement and rights
and obligations hereunder without Zygä Ltd’s prior written consent.
Zygä Ltd may without restriction assign, transfer or delegate this
Agreement and any rights and obligations hereunder, at its sole
discretion, with 30 days prior notice. Members’ right to terminate this
Agreement at any time remains unaffected.
20.4
Unless otherwise specified, any notices or other communications to
Members permitted or required under this Agreement, shall be in writing
by Zygä Ltd via email or notification.
20.5
If you reside in the EU you can access the European Commission’s online
dispute resolution platform here: http://ec.europa.eu/consumers/odr.
Please note that Zygä Ltd is not committed nor obliged to use an
alternative dispute resolution entity to resolve disputes with
consumers.
20.6 If you have any questions about these Terms of Service please send an email to help@zyga.zone.
