Terms and Conditions
Terms & Conditions for Brands & Retailers
These Brand/Retailer Terms & Conditions ("T's & C's") govern your access to and use of the ZigAZigApp.com ("ZigAZigApp") platform and services for commercial purposes.
Please read these T's & C's carefully. By creating a Brand/Retailer Account, you agree to be bound by these T's & C's as well as our standard Terms & Conditions, Data Use Policy and Standards of Behaviour.
For purposes of this Agreement, the following terms have the following meanings:
'Customer' means a user of the ZigAZigApp Website that is referred to a Merchant via ZigAZigApp and/or interacts with Merchants by purchasing goods and/or services.
'Merchant' means a party that supplies goods and/or service to Customers and which has an affiliate program or other means of communicating to VigLink the associated Commissions.
'VigLink Software' means the VigLink software that facilitates the automated and online referral by you of a Customer to a Merchant via ZigAZigApp, and records the sales activity between such referral and Merchant.
The above language is intended for illustration purposes and should not be interpreted to restrict the scope of destinations that VigLink and ZigAZigApp deem monetizeable (e.g. Merchants) nor the forms of monetizing (e.g. Commissions for sales by Customers).
- Using ZigAZigApp
- You may use our ZigAZigApp Brand/Retailer tools only if you can form a binding contract with ZigAZigApp and only in compliance with these T's & C's and all applicable laws.
When you create your ZigAZigApp Brand/Retailer account, you must provide us with accurate and complete information.
Any use or access of ZigAZigApp's Brand/Retailer tools by anyone under the age of 14 is prohibited.
If you open an account on behalf of a company, organisation or other entity, (a) "you" includes you and that entity and (b) you represent and warrant that you are authorised to grant all permissions and licences provided in these T's & C's and bind the entity to these T's & C's, and that you agree to these T's & C's on the entity's behalf.
Some of our Products may be software that is downloaded to your computer, phone, tablet or other device. You agree that we may automatically upgrade those Products and these T's & C's will apply to such upgrades.
- Our licence to you.
Subject to these T's & C's and our general terms & conditions and policies, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Brand/Retailer Products.
- You may use our ZigAZigApp Brand/Retailer tools only if you can form a binding contract with ZigAZigApp and only in compliance with these T's & C's and all applicable laws.
- Your Content
- Posting content.
ZigAZigApp allows you to post content, including photos, comments, links and other materials. Anything that you post or otherwise make available on our Platform is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you post on ZigAZigApp.
- How ZigAZigApp and other users can use your content.
You grant ZigAZigApp and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, store, display, reproduce, modify, create derivative works, perform and distribute your User Content on ZigAZigApp solely for the purposes of operating, developing, providing and using the Platform. Nothing in these T's & C's shall restrict other legal rights ZigAZigApp may have to User Content, for example under other licences.
We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these T's & C's or any of our policies.
- How long we keep your content.
Following termination or deactivation of your account, or if you remove any User Content from ZigAZigApp, we may retain your User Content for a commercially reasonable period of time for backup, archiving or audit purposes. Furthermore, ZigAZigApp and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform and distribute any of your User Content that other users have stored or shared through ZigAZigApp.
- Your responsibility for your content:
To ZigAZigApp and our community.
ZigAZigApp provides a creative and positive place for you and other users to share stuff you really want. To keep it that way, you must abide by our Platform etiquette and comply with our policies, including our Data Use Policy and Standards of behaviour and general terms & conditions.
- You shall not post User Content that violates or encourages any conduct that violates laws or regulations, including but not limited to laws or regulations applicable to your line of business and laws or regulations applicable to advertising.
- You are responsible for User Content and any third-party content posted on your blogposts, and you represent and warrant that User Content and any third-party content posted on your blogposts comply with all applicable laws and regulations.
- Except as expressly provided in these T's & C's, you agree not to use, modify, reproduce, distribute, sell, license or otherwise use our Products without our permission.
ZigAZigApp respects the rights of third-party creators and content owners and expects you to do the same. You therefore agree that any User Content that you post to ZigAZigApp does not and will not violate any law or infringe the rights of any third party.
- Feedback you provide.
We value hearing from our users and are always interested in learning about ways we can make ZigAZigApp more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, ZigAZigApp does not waive any rights to use similar or related feedback previously known to ZigAZigApp, or developed by its employees, or obtained from sources other than you.
- Posting content.
- Tools for Site Owners
- Site features.
We offer products that websites and developers can use to offer ZigAZigApp features and functionality to their users (e.g. the "Zig Stuff", "Add to my stuff", "I like it" and "Follow" buttons) ("Site Features"). You agree to use Site Features only as documented by ZigAZigApp and in compliance with our policies and branding guidelines. You may not place Site Features on a site or service with content that would violate these T's & C's if displayed on our Platform. You also agree that the ZigAZigApp features and functionality provided by our Site Features will be provided solely by our Site Features, except as otherwise authorised by ZigAZigApp.
By incorporating Site Features into your site or service, you agree that ZigAZigApp may collect and use information from you and your users as described in our Data Use Policy. You also agree that ZigAZigApp may use automated methods to analyse your site or service where Site Features have been incorporated.
Some Site Features allow you or your users to post or otherwise make available content in our Products. By using these Site Features, you give ZigAZigApp, and its users, permission to such content. Nothing in this Section shall restrict other legal rights ZigAZigApp may have to the content.
- Site features.
- Third-party Links, Sites and Services
The Brand/Retailer acknowledges and agrees that
- ZigAZigApp provides affiliate marketing links to Merchants via VigLink
- VigLink uses its sole discretion in determining which Merchants ZigAZigApp will be affiliated with, as well as the number of Merchants (if any) the ZigAZigApp will be affiliated with
- Merchants may at any time send VigLink notice requesting that ZigAZigApp remove links or references to Merchants' brands, products, services or trademarks and ZigAZigApp will comply with such request without notification to the Brand/Retailer
- Not all Merchants are affiliated through VigLink. For a comprehensive up to date list of Merchants currently affiliated through VigLink please follow this link https://www.viglink.com/merchants
- Limitation of Liability
- Governing Law and Jurisdiction
- Notification Procedures and changes to these T's & C's.
- Entire Agreement/Severability.
These T's & C's, together with the ZigAZigApp's other policies and any amendments and any additional agreements you may enter into with ZigAZigApp in connection with the Products, shall constitute the entire agreement between you and ZigAZigApp concerning the Products and supersede any prior T's & C's you have with ZigAZigApp regarding the Products. If any provision of these T's & C's is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these T's & C's will remain in full force and effect.
- No Waiver.
We care about the security of our users. Whilst we work to protect the security of your content and account, ZigAZigApp cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account. For accounts created on behalf of a company, organisation or other entity, you are responsible for ensuring that only authorised individuals have access to the account.
Our Platform may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by ZigAZigApp. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party website, service or content from ZigAZigApp, you do so at your own risk and you agree that ZigAZigApp will have no liability arising from your use of or access to any third-party website, service or content.
ZigAZigApp may terminate or suspend this licence at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these T's & C's.
You agree to indemnify and hold harmless ZigAZigApp and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content or (c) your breach of any of these T's & C's.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
ZIGAZIGAPP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
ZigAZigApp takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, and inappropriate for children or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIGAZIGAPP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL ZIGAZIGAPP'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PRODUCTS EXCEED THE GREATER OF FIFTY POUNDS STERLING (£50.00) OR THE AMOUNTS PAID BY YOU TO ZIGAZIGAPP FOR THE PAST THREE MONTHS FOR THE PRODUCTS.
These T's & C's shall be governed by the laws of the United Kingdom.
ZigAZigApp reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these T's & C's from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised T's & C's. If you do not agree to the new T's & C's, please stop using the Products.
These T's & C's, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by ZigAZigApp without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these T's & C's shall be deemed a further or continuing waiver of such term or any other term, and ZigAZigApp's failure to assert any right or provision under these T's & C's shall not constitute a waiver of such right or provision.
General Terms & Conditions
- Sharing your Content and Information
- You will not post unauthorised commercial communications (such as spam) on ZigAZigApp.
- You will not collect users' content or information, or otherwise access ZigAZigApp, using automated means (such as harvesting bots, robots, spiders or scrapers.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on ZigAZigApp.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not post content that: is hate speech, threatening or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use ZigAZigApp to do anything unlawful, misleading, malicious or discriminatory.
- You will not do anything that could disable, overburden or impair the proper working or appearance of ZigAZigApp, such as a denial of service attack or interference with page rendering or other ZigAZigApp functionality.
- You will not facilitate or encourage any violations of this Statement or our policies
- Profile information
- You will not provide any false personal information on ZigAZigApp or create an account for anyone other than yourself without their permission.
- You will not create more than one ZigAZigApp account.
- You will not use ZigAZigApp if you are a convicted sex offender.
- You will keep your contact information accurate and up to date.
- You will not share your password, allow anyone else access your account or do anything else that might jeopardise the security of your account.
- You will not transfer your account to anyone else.
- If you select a username or similar identifier for your account or Profile, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name)
- Protecting other People's Rights
- You will not post content or take any action on ZigAZigApp that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on ZigAZigApp if we believe that it violates this Statement or our policies
- If you repeatedly infringe other people's intellectual property rights, we will disable your account at our discretion.
- You will not use our copyrights or trademarks (including ZigAZigApp, the ZigAZigApp app or logos), or any confusingly similar marks, except as expressly permitted with our prior written permission.
- Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your operator's normal rates and fees, such as text messaging and data charges, will still apply.
- In the event that you change or deactivate your mobile telephone number, you will update your account information on ZigAZigApp within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an app) their devices with any information that is visible to them on ZigAZigApp
- Special Provisions Applicable to Social Plugins
If you include our Social Plugins, such as “Add to my stuff”, “I like it” and others, on your profile pages and lists:
- We give you permission to use ZigAZigApp's Social Plugins so that users can post links or content from your profile pages on ZigAZigApp.
- You give us permission to use and allow others to use such links and content in ZigAZigApp.
- You will not place a Social Plugin on any page containing content that would violate this Statement if posted on ZigAZigApp.
- If you download or use our software, such as a stand-alone software product, an app or a browser Plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
- You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open-source licence, or we give you express written permission
- By "ZigAZigApp" we mean the features and services we make available, including through (a) our website ZigAZigApp.com and any other ZigAZigApp branded or co-branded websites (including sub-domains, international versions, widgets and mobile versions); (b) our Platform; (c) social Plugins such as the “Add to my stuff” button, the “I like it” button and other similar offerings and (d) other media, software (such as a toolbar), devices or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from ZigAZigApp or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with ZigAZigApp.
- By "content" we mean anything you or other users post on ZigAZigApp that would not be included in the definition of information.
- By "data", "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from ZigAZigApp or provide to ZigAZigApp through Platform.
- By "post" we mean post on ZigAZigApp or otherwise make available by using ZigAZigApp.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate and create derivative works of.
- By "application" we mean any application or website that uses or accesses ZigAZigApp, as well as anything else that receives or has received data from us. If you no longer access ZigAZigApp but have not deleted all data from us, the term application will apply until you delete the data.
- These terms and Conditions make up the entire agreement between the parties regarding ZigAZigApp, and supercede any prior agreements.
- If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Terms and Conditions, it will not be considered a waiver.
- Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent.
- All of our rights and obligations under this Terms and Conditions are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms and Conditions shall prevent us from complying with the law.
- These Terms and Conditions do not confer any third-party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing ZigAZigApp.
- The Law applicable to these Terms and Conditions is UK Law
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms and Conditions or ZigAZigApp exclusively in the UK courts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the United Kingdom will govern these Terms and Conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on ZigAZigApp, you will indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on ZigAZigApp and are not responsible for the content or information users transmit or share on ZigAZigApp. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on ZigAZigApp. We are not responsible for the conduct, whether online or offline, or any user of ZigAZigApp.
- YOU USE ZigAZigApp AT YOUR OWN RISK. WE ARE PROVIDING ZIGAZIGAPP AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE DO NOT GUARANTEE THAT ZIGAZIGAPP WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE, OR THAT ZIGAZIGAPP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
- ZigAZigApp IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Your privacy is very important to us- please read our Data Use Policy.
You own the content and information you put in your profile and list pages in ZigAZigApp, and you can control how it is shared through your Privacy Settings.
For content that is covered by intellectual property rights, such as photos you add to your profile and lists, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any content that you post on or in connection with ZigAZigApp (Licence). This Licence does not cease when you delete your content or your profile or lists, as the content may have been shared with others.
When you post content or information using the Public setting, it means that you are allowing everyone, including people not on ZigAZigApp, to access and use that information, and to associate it with you (i.e. your name and profile picture).