Zygä (Zone) is a wheel registry and sharing platform, aimed to increase the use of the already existing resources, such as bicycles, encouraging their repair.
It is the sincere wish of Zygä that the platform would also encourage responsible behaviour for the material we own or share with others. Please be respectful of other people's property, be safe, and most importantly, have fun!
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.
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
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.
4.1 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 firstname.lastname@example.org.
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.
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 email@example.com. 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.
14.1 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.
15.1 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.
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 firstname.lastname@example.org.
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.
Zygä Zone Ltd welcomes Members to provide feedback, comments and suggestions to improve Zygä (“Feedback“). You may submit Feedback by sending email to email@example.com. 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 firstname.lastname@example.org.