Terms of Service

 

Last updated: 16th March 2021

Last edited: 21st September 2021

 

 

INTRODUCTION

 

Welcome to Zwigi (“Company,” “we,” “our,” or “us”)! These Terms of Service (“Terms,” or “Terms of Service”) govern your use of our web pages located at https://www.zwigi.com/ (hereinafter the “Website” or “Site”) and our mobile application ZwigiApp (hereinafter the “App”) owned and operated by Noobie LLC.

 

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://editor.wix.com/html/editor/web/renderer/edit/3026b297-3119-4b65-98f2-8bf0ad241b1d?metaSiteId=02bff520-84fe-4e34-8b97-56b83566591b

 

The Company provides the Services through our App. By accessing the Services through the App, immediately and from your very first access of the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations; further, you agree that you are responsible for this compliance. Your agreement with us includes these Terms and our Privacy Policy (the “Agreement”). You acknowledge that you have read and understood Agreements and agree to be bound by them.

 

You shall not access our Website or use our Services if you do not agree to be bound by these Terms and Conditions. Please read these Terms and Conditions before you use the Website and the Services.

 

The Company reserves the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.

 

Thank you for being responsible!

 

  1. ABOUT US

    1. Zwigi is owned and operated by Noobie LLC, registered in the state of Ohio, registered office at 3079 Charlotte Dr, Columbus, OH 43224.

    2. Zwigi is an online marketplace for Buyers/Renters, and Sellers/Lenders (“Buyers,” “Renters,” “Sellers,” “Lenders,” or collectively “Users” or “Parties”) to buy, sell, and rent (“Transaction”) general merchandise (the “Item”) to and from each other using our App.

    3. We allow Seller/Lender to use the Service on Zwigi to list Items for sale or rent (“Listing”) to other Users.

    4. We only operate as an intermediary once there has been a transaction entered into between Seller/Lender and Buyer/Renter.

    5. Any form of agreement between the two Parties to sell/rent any Item is solely between the relevant Seller/Lender and Buyer/Renter.

    6. We have no control over the quality, safety, morality, or legality of any aspect of the Items listed, the truth or accuracy of the listings, or the ability of customers to pay for Items.

    7. We attempt to provide the Service to ensure it is beneficial for both the Seller/Lender and Buyer/Renter, but we cannot be held liable for the conduct of Users.

    8. We reserve the right to remove or request the withdrawal of any Item listed by a Seller/Lender, any Request to buy made by a User, or any transaction made between the two Parties.

    9. If we reasonably believe any Listing, request, or Transaction does not comply with these Terms, written notice of the removal or request to withdraw will be provided to the Parties involved.

    10. We do not pre-screen Users or the content or information provided by Users.

    11. We cannot ensure that a Seller/Lender or Buyer/Renter will complete a Transaction.

    12. We do not transfer legal ownership of Items from the Seller/Lender to the Buyer/Renter.

    13. We cannot guarantee the identity, age, nationality, or sense of humor of a User.

  2. USE OF WEBSITE

    1. You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) is defamatory, obscene, threatening, abusive, or hateful.

    2. When accessing the Website, you shall be prohibited from:

      1. Using any robot, spider, other automatic devices, or manual processes to monitor or copy any part of the Website.

      2. Using any device, software, or the like to interfere or attempt to interfere with the proper functioning of the Website.

      3. Taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure.

      4. Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without the Company’s prior written consent.

      5. Reverse assembling, reverse engineering, or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and

      6. Attempting to access any area of the Website to which access is not authorized.

 

  1. USE OF APP

    1. You may access Zwigi and the Services via our App.

    2. In order to use the App, you shall (i) download and install the App on a mobile device which is compatible with the App, as well as (ii) have an internet connection.

    3. You agree that you are solely responsible for meeting the aforementioned requirements, which may also (i) bear additional charges and fees, and/or (ii) require you to perform software updates and/or to comply with the terms and conditions of your agreement(s) with your mobile device and telecommunications provider.

 

  1. ELIGIBILITY

    1. You are at least eighteen 18 years of age.

    2. You use the Website, App, and Services according to these Terms and all applicable laws and regulations determined by the country, region, state, and county of your residence.

    3. You provide complete and accurate registration information and maintain accurate registration information on the Website and App.

    4. You agree and understand that Zwigi may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these Terms.

 

  1. GENERAL UNDERTAKING

    1. When you use our Service, you warrant that you will not:

      1. Breach any applicable laws or regulations that apply;

      2. Breach any of the Terms;

      3. Post or make any threatening, abusive, defamatory, obscene, inappropriate action, indecent material, or material or action that is invasive of another’s privacy (including but not limited to names or other identifying information about other Users and our employees);

      4. Share or otherwise upload or communicate any misleading or false information or such messages of any kind;

      5. Use our Service to deceive other Users intentionally;

      6. Use our Service to stalk or otherwise harass another User,

      7. Use our Service if we have suspended or banned you from using it;

      8. Infringe the Intellectual Property Rights of any third-party;

      9. Distribute any viruses or any other technologies that may harm our Service or its Users;

      10. Interfere with the proper working of our Service;

      11. Copy, modify or distribute any other person’s Content without their consent, use any robot, spider, scraper, or other automated means to access our Service and/or collect Content or data for any purpose;

      12. Collect information about other Users, including email addresses, postal addresses, phone numbers, credit card or banking information, or similar information without their explicit consent,

      13. Copy, modify or distribute rights or Content, or collect data from our Service, applications, or tools or otherwise infringe Zwigi or Seller’s/Lender’s Intellectual Property Rights;

      14. Bypass, disable, or attempt to disable any security measures used in connection with our Service;

      15. Collect any data (including personal data) from our Service other than in accordance with these Terms and applicable laws;

      16. Sell any counterfeit Items or otherwise infringe the copyright, trademark, or other rights of any third-parties;

      17. Write and post reviews that are anything other than true and accurate to the best of your knowledge; and/or

      18. Impersonate any person or misrepresent your affiliation with a person or entity.

    2. You acknowledge and agree that Company’s commission is 12% from the Sale or Rental of your Item.

 

  1. USE OF THE SERVICE

    1. Use of our Service is intended solely for registered Users.

      1. We are under no obligation to accept any individual as a User, and we may accept or reject any membership at our sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if it is determined that User has violated these Terms.

      2. You are permitted to register only one (1) account on our platform.

    2. When you use Service as a Seller:

      1. When selling an Item to a Buyer as a Seller, you acknowledge that you are part of a separate contract with the Buyer, that contract is a binding agreement, and that you will abide by those Terms.

      2. You are also aware that neither the Buyer nor the Seller is acting on behalf of Zwigi.

      3. Any agreement that forms through Selling the Item to the Buyer is between the Seller and Buyer only.

      4. Zwigi is not held liable for any loss or liability suffered by you as a Seller due to the acts or omissions of the Buyer.

      5. You accept that you are wholly and exclusively responsible for complying with those Terms.

      6. You also acknowledge that you are responsible for any compensation due to the Buyer for any non-compliance on your behalf, including but not limited to making sure that the Item which has been listed matches the description provided.

      7. You also agree that Zwigi is not liable for any non-compliance on your part, and we will not be liable to compensate the Buyer for any breach in the agreement between you and the Buyer.

    3. When you use Service as a Buyer:

      1. When buying an Item from a Seller as a Buyer, you understand that you are part of a separate contract with the Seller, that contract is a binding agreement, and that you will abide by those Terms.

      2. You are also aware that neither the Buyer nor the Seller is acting on behalf of Zwigi.

      3. Any agreement that forms through Buying the Item from the Seller is between the Seller and Buyer only.

      4. Zwigi is not held liable for any loss or liability suffered by you as a Buyer due to the acts or omissions of the Seller.

      5. You accept that you are wholly and exclusively responsible for complying with those Terms.

      6. You also acknowledge that you are responsible for any compensation due to the Seller for any non-compliance on your behalf, including but not limited to making sure that the Item which has been listed matches the description provided.

      7. You also agree that Zwigi is not liable for any non-compliance on your part, and we will not be liable to compensate the Seller for any breach in the agreement between you and the Seller.

    4. When you use Service as a Lender:

      1. When lending an Item to a Renter as a Lender, you acknowledge that you are part of a separate contract with the Renter, that contract is a binding agreement, and that you will abide by those Terms.

      2. You are also aware that neither the Lender nor the Renter is not acting on behalf of Zwigi.

      3. Any agreement that forms through Lending an Item to a Renter is between the Renter and Lender only.

      4. Zwigi is not held liable for any loss or liability suffered by you as a Lender due to the acts or omissions of the Renter.

      5. You accept that you are wholly and exclusively responsible for complying with those Terms.

      6. You also acknowledge that you are responsible for any compensation due to the Renter for any non-compliance on your behalf, including but not limited to making sure that the Item which has been listed matches the description provided.

      7. You also agree that Zwigi is not liable for any non-compliance on your part, and we will not be liable to compensate the Renter for any breach in the agreement between you and the Renter.

    5. When you use Service as a Renter:

      1. When Renting an Item from a Lender as a Renter, you understand that you are part of a separate contract with the Lender, that contract is a binding agreement, and that you will abide by those Terms.

      2. You are also aware that neither the Lender nor the Renter is not acting on behalf of Zwigi.

      3. Any agreement that forms through Renting an Item from a Lender is between the Renter and Lender only.

      4. Zwigi is not held liable for any loss or liability suffered by you as a Renter due to the acts or omissions of the Lender.

      5. You accept that you are wholly and exclusively responsible for complying with those Terms.

      6. You also acknowledge that you are responsible for any compensation due to the Lender for any non-compliance on your behalf, including but not limited to making sure that the Item which has been listed matches the description provided.

      7. You also agree that Zwigi is not liable for any non-compliance on your part, and we will not be liable to compensate the Lender for any breach in the agreement between you and the Lender.

 

  1. ACCESS AND USE

    1. You must only use the Site in accordance with these Terms and any applicable law.

    2. You must not (or attempt to):

      1. Interfere with or disrupt the Site, the server, or networks that host the Site.

      2. Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

      3. Interfere with security-related or other features of the Site.

    3. We do not warrant that the Site will be available at all times without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

    4. You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

      1. In a way to suggest or imply that you have a formal association or affiliation with us, or approval and endorsement from us when there is none; or

      2. In a way that is illegal or unfair.

 

  1. COMMUNICATIONS

    1. By creating an Account on our Service, you agree to subscribe to newsletters, marketing, and promotional materials, plus other information we may send.

You may opt-out of receiving any or all of these communications from us by following the unsubscribe link or emailing us at [email protected] .

 

  1. PURCHASES

    1. If you wish to purchase any product [or service, when allowed] made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

    2. By entering your payment information when requested, you authorize Zwigi and its payment processors to charge and process the fees and charges assessed in connection with your Purchase.

    3. We will not be liable for any fees or charges placed by third parties or any errors in the processing of payments, including errors arising out of such third party’s negligence, improper transmission of payment details, or an error by the end of a User.

    4. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

    5. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

    6. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

    7. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

    8. In the event of changes to your Rental, you understand that you will be responsible for notifying the Item Owner in a timely manner.

    9. You also understand that making a Rental arrangement on our App is not a guarantee that the Item Owner will honor your Rental.

    10. We do not make any guarantee regarding the quality of the Items Rented or Sold to you.

 

  1. LISTING AND RENTING

    1. If you wish to list or rent any product through Service, you may be asked to supply certain information, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete. 

  1. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases.

  2. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

  3. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

  4. We reserve the right to refuse or cancel your order if fraud or an unauthorized or an illegal transaction is suspected.

 

  1. RENTAL TRANSACTION

    1. Zwigi is a trust-based community platform.

    2. Users are allowed to make transactions only if they read other’s profiles and ratings (if applicable) and only if they feel they can trust each other.

    3. You understand that in accepting a Rental Request, the Lender grants to you a limited license to use the Item(s) for the duration of the Rental Agreement in accordance with these Terms and your agreement with the Lender.

    4. By submitting a Rental Request, you consent and warrant that:

      1. You have read and accepted the Item description and these Terms before making the request to Rent an Item.

      2. Your profile information will be up to date.

      3. You are able to cover payment for the Rental, including our Service Fee, for any loss of or damage to the Item.

      4. You guarantee the availability of the funds payable to Zwigi.

      5. You will not engage in Fee avoidance.

      6. Users are obliged to agree before the Transaction who is responsible for cleaning an Item.

      7. If an Item has some defects, it should be acknowledged before the Transaction.

      8. Lenders and Renters are obliged to act in good faith and disclose all correct information about an Item to reduce any future misunderstandings or disputes.

      9. You always shall check the condition of an Item before the Transaction.

    5.  When Renting an Item, you acknowledge the Item must be returned at the scheduled time on the scheduled return date.

    6. If you would like to extend the Rental period of an Item, you may submit a request to the Lender through our Service to extend the Rental Period.

    7. You expressly acknowledge that the Lender (and not Zwigi) is responsible for ensuring that Items conform to any descriptions provided. Zwigi is not responsible for any items you rent through our Service.

 

  1. REFUND

    1. Refunds are by-request-only right now. If there is an issue with a Transaction, the user may explain their case via email and request a refund.

    2. The details will be assessed, and then we will reach out to the user with an approval or denial.

 

CANCELATION POLICY

  1. Canceling as a Buyer/Renter:

As a Buyer/Renter, if you decide that you no longer want to Buy/Rent, then subject to Sections 13.1.2 and 13.1.3. below, you can cancel your Buy/Rental Request by emailing us at [email protected] with full details on the Buy/Rental you wish to cancel.

  1. If you cancel after more than 24 hours, you will receive a refund, minus the platform commission and payment gateway charges, to cover Zwigi's administrative costs.

  2. For cancellations made before 24 hours have elapsed, you will receive 50% refund minus the platform commission and payment gateway charges to cover Zwigi’s administrative costs.

  1. Canceling as a Seller/Lender:

A Seller/Lender may cancel, without charge, within 24 hours of the Sell/Rental Request being made. To cancel the Sell/Rental Request by sending us an email to [email protected] with full details on the Sell/Rental Request you wish to cancel.

  1. A Seller/Lender that cancels a confirmed Sell/Rental will receive a 50% refund minus the platform commission and payment gateway charges to cover Zwigi’s administrative costs.

 

  1. INSPECTION

    1. Lender acknowledges that Buyer/Renter has had the opportunity to thoroughly inspect the Item and found the Item suitable for the purpose required.

    2. Lender further acknowledges and agrees that the Buyer/Renter understands the proper use of the Item. The Buyer/Renter will notify the Seller/Lender immediately in case the Item becomes unsuitable or unsafe for use. In such instances, Buyer/Renter will immediately discontinue use of the Item, and Seller/Lender will replace the Item if possible. However, in no circumstance is Seller/Lender responsible for any damage, delay, or incidental, or consequential damages caused by any form of interruption of use for the Item.

    3. Both Parties acknowledge that Zwigi is in no way liable for any misrepresentations by the Parties or for any incidental or consequential damages caused by the use, misuse, or abuse of the Item.

 

  1. CONTENT

    1. Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

    2. By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

    3. You retain any and all of your rights to any Content you submit, post, or display on or through Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service. However, by posting Content using Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

    4. The Company has the right, but not the obligation, to monitor and edit all Content provided by users.

    5. In addition, Content found on or through this Service is the property of the Company or used with permission.

    6. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from Zwigi.

 

  1. PROHIBITED USES

    1. You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

      1. In any way that violates any applicable national or international law or regulation.

      2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

      3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

      4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

      5. In any manner that infringes upon the rights of others or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

      6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.

    2. Additionally, you agree not to:

      1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.

      2. Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

      3. Use any manual process to monitor or copy any material on Service or for any other unauthorized purpose without our prior written consent.

      4. Use any device, software, or routine that interferes with the proper working of Service.

      5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

      6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

      7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

      8. Take any action that may damage or falsify the Company rating.

      9. Otherwise attempt to interfere with the proper working of Service.

 

  1. NO USE BY MINORS

    1. Service is intended only for access and use by individuals at least eighteen (18) years old.

    2. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the Terms and Conditions and other policies referenced herein.

    3. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

 

  1. ACCOUNTS

    1. To use this service as a User, you will be required to create an account on our App.

    2. When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

    3. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

    4. You may not use as a username that is the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

    5. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

    6. You understand that you will be responsible for any authorized or unauthorized use of your account.

    7. You are advised to keep your login credentials secure at all times.

    8. We are not responsible for any loss or damages done to your account through unauthorized entities.

Notwithstanding the method used to access your account, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Services. You agree not to reverse or dispute any such charges in a manner that causes a chargeback to Company.

  1. Should you notice any unauthorized use of your account, please contact us as soon as possible.

 

  1. LINKING YOUR ACCOUNT

As part of your use of Services, you may link your Account with third-party payment processors and financial institutions to make and receive payments for the Items provided or used by you through Zwigi. You represent that you are entitled to disclose your third-party account login information to Zwigi and/or grant Zwigi access to your third-party account, including, but not limited to, for use for the purposes described herein without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating Zwigi to pay any fees or making Zwigi subject to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

 

  1. REGISTRATION, LOGIN CREDENTIALS, AND SECURITY

    1. In order to be able to make use of and access the Services and App, you shall register an Account (“Account”) on the App by providing the Company with all required information which includes but is not limited to your full name, business name, address, and contact information (“Profile”).

    2. You agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete.

    3. Each Zwigi Account can be accessed by the Account holder via the App.

    4. If you provide any information to the Company that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete; we may terminate your Account with us and refuse current or future use of any or all of the Services and Zwigi.

    5. When registering an Account with the Company as a customer, you may provide the Company with your choice of Account password and username (“Login Credentials”), subject to other sections of these Terms.

    6. When registering an Account with the Company as a merchant, Login Credentials shall be provided to you by the Company.

    7. You hereby:

      1. Acknowledge and agree that you are solely responsible for maintaining the security and confidentiality of your Login Credentials and for any and all activities that occur under your account.

      2. Agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss that you may incur as a result of any third-party using your Login Credentials or Account, either with or without your knowledge. However, you may be held liable for losses incurred by the Company as a result of such third-party use of your Account or Login Credentials.

      3. Acknowledge and agree that you may not use anyone else's Account at any time without the express permission of such account holder.

 

  1. ITEM OWNER

    1. As an Item Owner (“Owner”), you understand that you will be able to list and describe your Items or Products on your Profile.

    2. When you list your Items or Products on your Profile for Rent or Sale, you represent and warrant that you can safely provide the Item on display.

    3. You also agree to use non-infringing relevant images.

    4. When a User requests to Rent your Item, you will be able to chat independently with such User and shall Rent or Sell the Item based on the advertised Rental/Sales price, and will set a Rental duration for the Rented Item.

    5. Once the Renter has paid for the Rental, you agree to provide the Rented Item in a due and timely manner and the Renter shall use the Item for the agreed duration and return the Item to you.

    6. You will be responsible for confirming the return of your Item on your account. The condition of the Item must be confirmed at the time of return while both parties are present.

 

  1. PROHIBITED ITEMS

    1. On the Zwigi App, our business is to assist our Users with a Platform to make exchanges while Buying, Selling and Renting a wide range of Goods/Items.

    2. However, some Items are prohibited from being Posted, Rented, or Sold on our Platform because of existing legal restriction, or they may be considered as a threat to health and security.

    3. Furthermore, on the Zwigi App, Users are not allowed to list stolen Items or Items for which they do not have proof of ownership and forged or counterfeit Products.

    4. We appeal to our Users to also refrain from listing inappropriate Items that could be considered unsuitable or offensive as we do not want your listings to offend other Users.

    5. At this time, we do not permit the Sale or Rental of services on Zwigi.

    6. Here are the categories or list of Items not allowed to be listed (not a complete list):

      1. Weapons and Hazardous Materials. All Items that have strict regulations and could pose a threat to security or health are illegal or can be used to perpetrate criminal activities are not allowed to be listed on the Zwigi app. Items listed below are prohibited so as to avert legal issues, especially as laws and regulations vary in the various locations where the Users reside. These Items include but are not limited to:

        1. Any and all firearms, including handguns, sidearms, rifles, shotguns, and the functional parts such as ammunition, bullets, magazines, holsters, or other related items;

        2. Knives used as weapons, not including culinary, kitchen, or utility knives;

        3. Any other equipment that could be used as weapons such as bows, arrows, crossbows, and bolts;

        4. Equipment that could be used to subdue humans or animals such as tasers, mace, pepper spray, batons, handcuffs, etc.;

        5. Protective vests such as; body armor, bulletproof vests, not including protective clothing used for recreational team sporting activities;

        6. All explosive devices such as bombs, fireworks, dynamite, grenades, etc.; and

        7. All hazardous chemicals designed for offensive or defensive use such as tear gas, mustard gas, etc.

      2. Illegal, Illicit, and Regulated Substances. All illicit substances, prescription drugs, or controlled substances that are subject to any regulations and are illegal are not to be listed on Zwigi. These items include but are not limited to:

        1. Controlled substances like opioids and all other prescription medications, and their analogs,

        2. Marijuana, its derivatives, and other narcotics,

        3. Stimulants and enhancement drugs like steroids,

        4. Hallucinogens,

        5. Tobacco and its related merchandise such as vaporizers, e-cigarettes, pipes, and hookahs,

        6. Alcohol,

        7. Prescription and over-the-counter (OTC) drugs, and

        8. All drug delivery devices or mechanisms such as hypodermics, syringes, bongs, pipes, and anything considered as paraphernalia.

      3. Foods. Health departments regulate the sale of certain foods, especially homemade foods. Due to these regulations, and because we can not enforce them, we have prohibited the listing of the following food item:

        1. Homemade confectionaries, snacks, and other types of baked goods;

        2. Perishable food items such as dairy, meat, seafood, poultry, and poultry products, fish, raw fruits, and vegetables, etc.;

        3. Homemade shelf products, like jam, ranch dressing, jelly, butter, cheese, etc.; or

        4. Packaged commercial food that has been approved by a food regulation agency, that has not expired, and which the packaging has not been tampered with or broken are allowed to be Listed.

      4. Forged and Counterfeit Products/Items. At Zwigi, our policy supports and protects the exclusivity of intellectual properties, and so, we prohibit the Listing, Sale, or Rental of:

        1. Counterfeit and fake brand Items produced without the express knowledge or approval from the owner(s),

        2. Bootlegs, or

        3. Pirated copies of any copyrighted Item such as; books, magazines, movies, or music albums.

      5. Explicit Sexual Content. We do not allow the Sale or Listing of contents, Items, or materials that could be considered sexually explicit or adult contents. These Items include:

        1. Sex toys and other related equipment,

        2. Pornographic content, and

        3. Items depicting graphic nudity.

      6. Discriminatory Contents or Items. Our Platform welcomes Users with different beliefs, creeds, religions, backgrounds, races, sexual orientations, ideologies, and socio-economic backgrounds. Because of this, we implore our Users to be sensitive to other App Users by refraining from the use, Posting, Listing of materials, and Items that could be disrespectful to others. These include, but are not limited to:

        1. Racially motivated messages or racial slurs,

        2. Items that encourage any type of violence against any race, religion, nationality, ethnicity, gender, sexual orientation, political beliefs, and against all animals,

        3. Discriminatory Posts or Messages of any kind, and

        4. Items that advertise or promote hate groups, discriminatory groups, such as Neo-Nazi, KKK, terrorist organizations, and groups formed for the purpose of causing hate and discontent.

      7. Services. At this moment, Zwigi is a Platform for the Listing of Items for Sale, Purchase, or Rent. We do not allow Listings that offer services, including, but not limited to:

        1. Laundry,

        2. Baby and pet sitting,

        3. IT support,

        4. Solicitations, dates, personal meetings, or hookups,

        5. Yard, garage, or other sales venues,

        6. Job postings, or

        7. Tutoring.

      8. Illegal Items. The Zwigi App platform does not allow the Listing or Sale of illegal Items or those Items meant for the exclusive use of security personnel or law enforcement and any Item that could encourage criminal activities such as:

        1. Stolen items,

        2. Forged documents, including fake IDs, licenses, or any other official, legal or government-issued documents,

        3. Exclusive law enforcement related items like uniforms and badges,

        4. License plate or car tags, or

        5. Vehicles unable to be registered by the User.

      9. Animals, Wildlife, and Wildlife Products. Our protective policy not only seeks to protect people but animals as well. In our effort to maintain best practices, we have tailored our Policy to protect animal rights and encourage the protection of endangered wildlife. The following are prohibited for Sale, Rent, or Lending on our Platform:

        1. Live farm animals and livestock,

        2. Pets including dogs, cats, birds, reptiles, fish, or coral,

        3. Insects, and

        4. Parts of wildlife and endangered wildlife such as ivory, animal hides, furs, feathers, feet, and other related products.

        5. We allow for the listing and sale of animal products and foods approved by the appropriate authorities, subject to the Terms and Conditions set elsewhere in this document.

      10. Medical Items. Certain medical items have strict regulations and are not allowed to be Listed on Zwigi:

        1. Contact lenses and other prescribed vision aids,

        2. Drugs, and substances that require a prescription from qualified medical personnel,

        3. Syringes and needles,

        4. Tattoo equipment, or

        5. Enhancement drugs, supplements, and vitamins.

    7. Be Watchful. Because safety and security are issues that matter to our community, we encourage our Users to keep an eye out for any of the above-listed Items and any other Items that could be considered inappropriate, dangerous, or fake. If you encounter any listings that contravene these guidelines, you can report them by opening the Listing and tapping on the Report option.

    8. Non-Compliance. Zwigi reserves the exclusive right to remove or take down any listing deemed to be in violation of our guidelines. Note that Company can take other actions it deems appropriate to protect Company's business, its Users, or others, and to address repeat offenders or severe offenses.

 

INTELLECTUAL PROPERTY

  1. Service and its original content (excluding Content provided by users), features, and functionality are, and will remain, the exclusive property of the Company and its licensors.

  2. Service is protected by copyright, trademark, and other laws of the United States. 

  3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

  4. All content, trademarks, data, information, or information contained in any materials, or documents used in relation to Zwigi and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Content”), are the exclusive property of or are licensed to Company. You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without Company’s prior written permission.

  5. Any and all intellectual property rights in the Content, Services and Zwigi app or otherwise developed by or on behalf of Company, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content, Services and Zwigi app or otherwise developed by or on behalf of Company, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in Company, its licensors or suppliers, as the case may be, and all rights not expressly granted by the Company to you are reserved by Company.

  6. Save as expressly set out herein and in the Contracts, you shall not acquire any right, title or interest in Company’s Intellectual Property. You may not use the Company’s Intellectual Property in a manner which may (i) place Company’s Intellectual Property at risk of losing value, and (ii) cause reputational damage to the Company.

  7. In order to operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to Zwigi, or making available for inclusion in publicly accessible areas of the Zwigi app, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, "Content"), you represent that you have full authorization to do so.

  8. You also hereby grant Zwigi a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future.

  9. This license exists only for as long as you elect to continue to include such Content on Zwigi and will terminate at the time such Content is hidden or removed from the Services by you or by Zwigi; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent, Zwigi needs to use such Content in connection with any investigation or compliance with any laws.

  10. You agree to not post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. Zwigi reserves the right to remove or hide or change any images without notice.

 

  1. ERROR REPORTING AND FEEDBACK 

    1. You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).

    2. You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback.

    3. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

 

  1. LINKS TO OTHER WEB SITES

    1. Our Service may contain links to third party web sites or services that are not owned or controlled by the Company.

    2. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

    3. In order to use the payment functionality of our application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. Zwigi will provide customer support for your Dwolla account activity, and can be reached at [email protected]  YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

    4. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

 

  1. DISCLAIMER OF WARRANTY

    1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER USERS AND IN THE PROVISION OR RECEIPT OF RENTAL SERVICES. ZWIGI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. ZWIGI IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS.

    2. IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR SERVICE, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER ZWIGI’S CONTROL (SUCH AS THIRD-PARTY SERVERS). ZWIGI MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.

    3. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZWIGI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNER, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    4. ZWIGI MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    5. ZWIGI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF THE SERVICES AND/OR ITEMS OFFERED OR PROVIDED BY ITEM OWNERS OR REQUESTED BY USERS THROUGH USE OF THE SERVICES.

    6. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    7. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZWIGI OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

 

  1. LIMITATION OF LIABILITY

    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZWIGI OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) SERVICE FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.

 

  1. TERMINATION

    1. We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

    2. If you wish to terminate your account, you may simply discontinue using Service.

    3. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    4. At our sole discretion, we may choose not to process a payment you submit if we believe such payment is in violation of this Terms of Service, is fraudulent, or is unverifiable. Should we suspect that your activities are questionable or inconsistent with the approved use of this Website and Mobile App, we may terminate your account.

Notwithstanding, you grant us the rights to provide your information to law enforcement agencies or any government bodies upon request.

 

  1. GOVERNING LAW

    1. These Terms shall be governed and construed in accordance with the laws of the State of Ohio without regard to its conflict of law provisions.

    2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

    3. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

    4. Each party irrevocably agrees that the courts of the State of Ohio shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

    5. Notwithstanding the specified agreement on jurisdiction, you and the Company shall, if any dispute arises, attempt to settle it by mutual negotiations.

    6. You agree that for the purposes of the settlement of disputes between you and the Company, an e-mail correspondence with the authorized persons of the Company at: [email protected] shall be the effective and binding method of communication.

    7. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the Zwigi resolution team before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by a neutral sole arbitrator, rates will vary case by case.

 

ZWIGI’S MEDIATION

  1. Zwigi as an application can act as a  simple mediator between the Seller/Lender and Buyer/Renter.

  2. Zwigi is not the owner of any of the Items on sale, rent or sold, rent on their platform; it takes no part in buying and selling transactions carried out exclusively by the Buyer/Renter and Seller/Lender.

  3. Zwigi does not moderate nor validate the items offered by the user via the Zwigi App service and does not take any responsibility; directly, indirectly or subsequently for damages of any kind derived from the use or employment of its contents.

  4. Zwigi takes no responsibility for the activities of the user and or third parties of the service.

  5. Zwigi is equally not responsible for the legality, reliability, utility, veracity, accuracy, exhaustiveness and relevance of any transaction.

  6. Generally, the Items acquired via the Zwigi app application cannot be returned except in cases where it has been agreed between the Seller/Lender and the Buyer/Lender.

  7. Similarly, the right to cancel the transactions does not belong to Zwigi. Except in the case of it being expressly acknowledged in the law, whereby, these rights may only be applied directly by the Buyer/Renter before the Seller/Lender.

  8. Zwigi will not take responsibility for any instance of noncompliance on the part of the Seller/Lender.

  9. Nonetheless, Zwigi offers out Customer Service who will act as an intermediary between the Seller/Lender and the Buyer/Renter in cases where the Item the Buyer/Renter has received is broken, faulty, not working or does not fit the initial description. In order to use this service, the buyer should contact Zwigi, in a period of no more than 24 hours after receipt of the item, at [email protected] zwigi will not acknowledge any claims made outside of this period.

  10. Once the claim has been made, it will be assessed internally by Zwigi, and where applicable, Zwigi will act as a mediator to help solve any issue that may arise between Seller/Lender and Buyer/Renter but not limited to return of the Item and the reimbursement of the cost and/or replace on the new Item.

  11. Parties agree for the purposes of the settlement of disputes between Lender and Renter, an e-mail correspondence, phone call or video conference with the authorized persons of the Zwigi app shall be the effective and binding method of communication.

  12. A Zwigi authorized person will provide mediation service to reach a resolution.

  13. Zwigi’s Mediation will not last more than 7 days, and if Seller/Lender and Buyer/Renter are unable to reach an agreement the final option is to proceed to arbitration or binding mediation.

 

  1. CHANGES TO SERVICE

    1. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.

    2. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period.

    3. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

    4. We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason.

    5. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Zwigi shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. 

    6. Zwigi has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.

    7. We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.

    8. As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services.

    9. We do our best to keep the Zwigi app safe and spam free but can't guarantee it. In order to help us do so, you agree not to:

      1. send or otherwise post unauthorized commercial communications (such as spam) on the Services.

      2. collect Users' content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

      3. engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services.

      4. upload viruses or other malicious code.

      5. solicit login information or Account IDs or access an account belonging to someone else.

      6. bully, intimidate or harass any User.

      7. post content that is hateful, threatening, pornographic or that contains nudity or graphic or gratuitous violence.

      8. develop, advertise or otherwise market alcohol-related or other mature content.

      9. use the Zwigi app to do anything unlawful, misleading, malicious, or discriminatory.

      10. do anything that could disable, overburden, or impair the proper working of the Zwigi app or the Services, such as a denial of service attack.

      11. facilitate or encourage any violations of these Terms of Service.

 

  1. AMENDMENTS TO TERMS

    1. We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

    2. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

    3. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

    4. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

    5. If you do not agree to the new terms, you are no longer authorized to use Service.

 

  1. INDEMNITY

    1. You agree to indemnify, defend and hold harmless us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims demands (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or your breach of any law or the right of third party.

 

  1. WAIVER AND SEVERABILITY

    1. No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

    2. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

 

  1. ACKNOWLEDGEMENT

    1. BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

  1. CONTACT US

    1. For more information about our Terms and Conditions, if you have questions or would like to make a complaint, please send your feedback, comments, requests for technical support: by email:[email protected]