ZEEK SHOP TERMS AND CONDITIONS

Zeek Mobile Ltd (Company No. 514952530), with its registered offices at 55 Hamasger  Street, Tel Aviv, Israel  (“Zeek”, “we”, “our” or the “Company”) welcomes you (the “User”, or “you”) to our mobile application (the “App”) and our website (available at  www.zeekshop.com) (the “Site”) (collectively, the “Service” as further detailed below).

ACCEPTANCE OF THE TERMS

By entering, connecting to, accessing, or using the Service, you acknowledge that you have read and understood the following terms of use, and the terms of our privacy policy found in the following link: Privacy Policy (“Privacy Policy”) (collectively, the “Zeek Shop Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding the Service and you acknowledge that these Zeek Shop Terms constitute a legally binding and enforceable agreement between Zeek and you.

IF YOU DO NOT AGREE TO THESE ZEEK SHOP TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICE IN ANY MANNER. 

By acceptance of the Zeek Shop Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited. The Service is available only to individuals who are at least eighteen (18) years old (as described in detail below).

SERVICE

The Service provides you with a platform to buy gift cards offered by various third party brands and businesses (“Sellers”) for your personal non-commercial use or as a gift for others (collectively, the “Gift Cards”). The Gift Cards will be provided with respect to the Seller’s applicable branch/store/location in the UK. You must open a User account (“Account”) either via your Facebook Account, your Google Plus Account or by registering through our Service directly. You may delete your Account at any time by sending an email to the Zeek support team at  SUPPORT@ZEEKSHOP.COM.

PLEASE NOTE: YOU ACKNOWLEDGE AND AGREE THAT AS A RESULT OF SPECIFIC USER TRANSACTIONAL BEHAVIOR VIA THE SERVICE, YOU MAY BE SUBJECT TO ADDITIONAL SECURITY MEASURES REQUIRING A BACKGROUND VERIFICATION. YOU SHALL BE CONTACTED BY ZEEK IF THE AFOREMENTIONED APPLIES TO YOU AND YOU MUST PROVIDE ZEEK WITH ALL REQUESTED INFORMATION IN ORDER TO CONTINUE WITH SUCH TRANSACTION(S) VIA THE SERVICE.

Users may purchase a Gift Card for others and have it sent directly to the desired recipient with an option to include a greeting.

PLEASE NOTE: YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE TO OBTAIN, MAINTAIN AND HAVE RECEIVED INFORMED CONSENT FROM ANY OF YOUR DESIRED RECIPIENTS OF A GIFT CARD SUCH THAT YOU CAN SUPPLY ZEEK WITH IDENTIFYING INFORMATION OF THE DESIRED RECIPIENT FOR PURPOSES OF DELIVERING THE GIFT CARD. USER SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR THE MAINTENANCE OF SUCH CONSENT.

PRICE AND PAYMENT

The price for each Gift Card (including VAT, if any) will be indicated on the Service. Zeek may charges each User a service fee for their use of the Service to complete their transaction, which shall be advised to the User at the time of the transaction via the Service (“Service Fee”). The Service Fee may be changed from time to time, at Zeek’s sole discretion, upon prior notice to the Users.

PLEASE NOTE: THE GIFT CARDS ARE REDEEMABLE AT THIRD PARTY SERVICE PROVIDERS. ZEEK IS NOT RESPONSIBLE FOR THE QUALITY OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTY SERVICE PROVIDERS, WHICH MAY BE AVAILABLE THROUGH THE GIFT CARDS. ZEEK DOES NOT IN ANY WAY ENDORSE ANY THIRD PARTY SERVICE PROVIDERS THAT MAY BE FEATURED THROUGH THE SERVICE AND IS NOT AFFILIATED WITH THESE THIRD PARTY SERVICE PROVIDERS IN ANY WAY.

PURCHASE

Zeek will process your order and your payment by credit card on behalf of the applicable Seller and subject to successful processing of your payment, we will email you to confirm the successful purchase of a Gift Cards. We will in the future accept payments via Pay Pal as well and we will notify you on our Site when can do so. We must receive the payment in full for the Gift Card before we will dispatch the Gift Card to you. Any cost of delivery will be displayed to you on the Service. You may also be charged a service fee for your purchase to be processed.

Physical Gift Cards will be delivered to you within 7 business days of a completed order, please note that any delivery date advised to you is merely an estimate. You shall be solely responsible for the physical Gift Cards when we deliver the Gift Card to the address you provided. After this time, neither we nor the Seller will be responsible if any Gift Card is lost, stolen, destroyed or used without your permission. Electronic Gift Cards will be available for your use within 24 hours of your completed order, provided that all security and background checks were cleared.

If the supply of products is delayed by an event outside our control or the Seller’s control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, neither we nor the Seller will be liable for delays caused by the event, but if there is a risk of substantial delay (i.e. 10 days or more) you may contact us to end the contract with the Seller and receive a refund for any products you have paid for but not received.

Zeek purchases are non-refundable unless covered under our 60 day money back guarantee or as otherwise described below. If you receive a Gift Card, either physical or electronic, that is damaged or does not work please inform us at SUPPORT@ZEEKSHOP.COM as soon as possible and in any event within 48 hours of discovering such problem.

PLEASE NOTE: YOU ACKNOWLEDGE AND AGREE THAT ZEEK ACTS ONLY AS A PLATFORM CONNECTING SELLERS AND USERS. ZEEK IS NOT RESPONSIBLE OR LIABLE FOR ANY REFUND, DAMAGES, LOSSES, AND/OR INACCURACIES REGARDING THE GIFT CARDS PROVIDED BY SELLERS VIA THE SERVICE. ZEEK SHALL REFUND A USER, PURSUANT TO THE ZEEK 60 DAY MONEY BACK GUARANTEE, IF ANY OF THE FOLLOWING EVENTS OCCUR: (I) A GIFT CARD IS INACTIVE; (II) A GIFT CARD IS FOR A DIFFERENT BRAND THAN ADVERTISED BY THE SELLER; AND (III) A USER DID NOT RECEIVE THE GIFT CARD WITHIN THIRTY (30) DAYS FROM THE DATE OF PURCHASE.

Where you are entitled to a refund, the Seller will arrange for us to refund you the price you paid for the Gift Card, including our standard delivery costs in the case of physical goods, by the method you used for payment. The Seller may reduce your refund of the price (excluding delivery costs) to reflect: (i) any amount of credit on a Gift Card that has been used since it was delivered to you (which may be the full value of the Gift Card if it may not now be re-used); (ii) any reduction in the value of the Gift Card, if this has been caused by your handling it in a way which would not be permitted in a store. The maximum refund for delivery costs will be the cost of delivery by the least expensive delivery method we offer. If you are eligible for refund for an electronic Gift Card you shall receive a refund as soon as possible but no later than 14 days after we have confirmed your eligibility for refund. If you are eligible for refund for a physical Gift Card your refund will be made within 14 days from the day on which we receive the physical Gift Card back from you and we have confirmed your eligibility for refund.

The Seller is under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: up to 30 days: if your goods are faulty, then you can get an immediate refund.

Up to 6 months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

The Seller does not exclude or limit in any way its liability to youas an individual User, where it would be unlawful to do so. This includes liability for death or personal injury caused by our or the Seller’s negligence or the negligence of our or the Seller’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarized herein; and for defective products under the Consumer Protection Act 1987.

If the Seller  fails to comply with these terms, it is responsible for loss or damage you, as an individual User, suffer that is a foreseeable result of its breaking this contract or failing to use its reasonable care and skill in providing the services, but neither Zeek nor the Seller is responsible for any loss or damage that it did not reasonably anticipate.

If you use the Service for any commercial, business or re-sale purpose rather than as an individual:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) our liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited per claim to the value of payments Zeek has received from you for the relevant Gift Cards (or, if no Gift Cards have been ordered, limited to the sum of £500).

Except to the extent expressly stated otherwise in these Terms, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded for Buyers that are businesses rather than individuals.

PLEASE NOTE: YOU ACKNOWLEDGE AND AGREE THAT ZEEK ACTS ONLY AS A PLATFORM CONNECTING SELLERS AND USERS. ZEEK IS NOT RESPONSIBLE OR LIABLE FOR ANY REFUND, DAMAGES, LOSSES, AND/OR INACCURACIES REGARDING THE GIFT CARDS PROVIDED BY SELLERS VIA THE SERVICE.

3 MONTHS TO REDEEM GIFT CARD

Zeek Choice Credit

Please note that in the event that the person you bought the Gift Card for (the “Gift Card Recipient“), did not redeem the Gift Card within 3 months from the date of the purchase of the Gift Card, then Zeek will provide the applicable Gift Card Recipient with Zeek Choice Credit equal to the amount such Gift Card was purchased, but the Gift Card Recipient will no longer be entitled to use such Gift Card. In such an event, the Gift Card Recipient will be entitled to purchase other Gift Cards offered in the Service. For the avoidance of doubt, the Zeek Choice Credit will only entitle the Gift Card Recipient with a right to purchase Gift Cards offered in the Service.

USER REPRESENTATIONS AND UNDERTAKINGS:

Your use of the Service (or any part thereof) is dependent on the fact that you hereby represent and warrant that (i) you possess the knowledge and judgment necessary to decide whether to use the Service or otherwise rely on any information available therein; (ii) you acknowledge that there is no professional relationship between you and Zeek, and that you may not solely rely on any content or any features you find on or through the Service; (iii) you acknowledge that there are risks in using the Service, and that Zeek cannot and does not guarantee any specific outcomes from such use, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use; (iv) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder; (v) if you connect to, access or use the Service on behalf of any third party, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or dependent in connection with these Terms and to commit it to be bound by these Zeek Shop Terms, and hereby make all representations and warranties herein on both your and its behalf; (vi) you possess any and all consents required under any applicable laws, regarding the posting of any personal information of others to the Service, and shall adhere to any applicable laws regarding such information; (vii) the execution of the Zeek Shop Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; (viii) you acknowledge that you are solely responsible for complying with applicable laws regarding your use of the Service; and (ix) you will not infringe or violate any of the Zeek Shop Terms.

USE RESTRICTIONS:

There are certain behaviours that are strictly prohibited within the framework of Service. Please read carefully the restrictions listed below. Failure by you to follow the provisions that are listed below may (at the sole discretion of the Company) result in termination of your access to the Service and may also expose you to civil and/or criminal liability.

YOU MAY NOT (EITHER BY YOURSELF OR BY ANYONE ON YOUR BEHALF): (i) Sell or distribute any Gift Card; (ii) copy, modify, adapt, translate, reverse engineer, reverse-compile, disassemble, publicly display or distribute in any way, the content of our Service, including any information, material or data available on the Service (collectively, the “Content”) and/or the Service (or any part thereof); (iii) make any use of Content on any other website or networked computer environment for any purpose, or replicate or copy Content without Zeek’s prior written authorization, including each transaction and/or commitments outside of the Service relating to transfer of Gift Cards offered for sale via the Service; (iv) create a browser environment or other demarcation of the information around Zeek’s Content (no frames or inline linking); (v) infringe or violate the rights of privacy or any other rights of another User or gather personally identifiable information about Users without their explicit consent, including – Using the “Robot”, ”spider” editing application, or other manual or automatic device or process to retrieve, index, or data-mine; (vi) exceed the limited number of purchases per day, which may change from time to time, at Zeek’s sole discretion; (vii) defame, slander, abuse, stalk, harass, threaten, or otherwise harm the lawful legal rights of others; (viii) transfer or create any other way in connection with the Service, any computer virus, ”worm”, ”Trojan horse”, bug, spyware, malware, or any other computer code, file or programs that may damage, or are intended to damage the activity of any hardware, software or telecommunications equipment or component or code, damaging, have the potential to cause damage, interfering or intrusive; (ix) damage the operation of the application and site or disturb them, or impair or interfere with the servers or networks that host the application or allow the availability, or disobey any requirements, procedures, policies or regulations of these servers or networks; (x) sell, license, or exploit for any commercial purpose any use of or access to the Service (or any content therein) without Zeek’s express consent; (xi) assign (frame) or copy (mirror) any part of the Service without Zeek’s prior express written consent; (xii) create a database – by systematically downloading and storing all or any part of the Content from the Service; (xiii) transfer or assign your user Account password, even temporarily, to a third party; (xiv) use the Service for any purpose that is unlawful, immoral or unauthorized, (xv) use the Service and/or the Content for commercial or non-private purpose without Zeek’s express written consent; (xvi) install and/or use the App on a simulator or an emulator.

In consideration of you agreeing to abide by these Zeek Shop Terms, we grant you a non-transferable, revocable, non-exclusive licence to use the App on your own personal devices, subject to these Zeek Shop Terms. We reserve all other rights.

INTELLECTUAL PROPERTY RIGHTS

The Service, the Content, the design, logos, graphics, images, as well as the selection, assembly and arrangement thereof, including Zeek’s proprietary software, algorithms and all intellectual property rights pertaining thereto, including inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, photographs, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, processes, algorithms, data, technical information, technology, interactive features, source code and objects, files, interfaces, interface graphics and trade secrets, whether or not registered or registrable (collectively, “Intellectual Property”), are owned by and/or licensed to Zeek and are protected by copyright and other applicable intellectual property rights. Unless expressly permitted in these Terms or in local law, you may not copy, distribute, display, publicly perform, make available to the public, disassemble, separate, modify, sublicense to, commercial use, sell, rent, lend, process, connect, perform “reverse-engineer”, combine with other software, translate, modify, or create derivative works of any material that is subject to Zeek’s proprietary rights, including Zeek’s intellectual property, either by yourself or by someone acting on your behalf, in any way or by an means.

No right, licence or interest to Zeek’s Intellectual Property, or the Intellectual Property of any third party, is granted hereunder and you agree that no such right, licence or interest shall be asserted by you with respect to such Intellectual Property, unless expressly permitted herein.

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Zeek and/or its licensors, including copyright mark [©] or trade mark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or tarnishing any name, mark or logo that is identical, or confusingly similar, to any of Zeek’s marks and logos, whether registered or not.

MINORS

You may use the Service if you are at least eighteen (18) years old. You represent that you are at least eighteen (18) years of age and if you are under the age of eighteen (18), you may only use the Service under the supervision of a parent or legal guardian who has agreed to any agreement related to the Service, including these Terms. We reserve the right to require you at any stage to provide proof of age and, if applicable, approval of your use of the Service by your parent or legal guardian.

THIRD PARTY SERVICES

The Service may be linked to through certain third party websites and other third party services (collectively, “Third Party Services”). Similarly, the Service may include links to Third Party Services. Such Third Party Services are independent from the Service. You hereby acknowledge that Zeek has no control over such Third Party Services, and further acknowledge and agree that Zeek is not responsible for the availability of Third Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products or any materials available on and/or through such Third Party Services.

You further acknowledge and agree that Zeek shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third Party Services. Most Third Party Services provide legal documents, including terms of use and privacy policy, governing the use of each such Third Party Services, their contents and services. We encourage you to read these legal documents carefully before using any such Third Party Services.

THIRD PARTY COMPONENTS

The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Zeek Shop Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Zeek Shop Terms do not apply to any Third Party Components accompanying or contained in the Service and Zeek disclaims all liability related thereto. You acknowledge that Zeek is not the author, owner or licensor of any Third Party Components, and that Zeek makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

USAGE RULES

Since you may download the App from a third party platform, service provider or distributor (e.g. App Store or Google Play Store), (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Please note that in such case, Usage Rules may apply and it is your responsibility to determine what other Usage Rules are applicable to your use of the App. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App.

You acknowledge and agree that Platform Provider has no responsibility for the App or content thereof, nor does it have any obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of an App downloaded from a Platform Provider to conform to any applicable warranty, you should notify the relevant Platform Provider; Zeek is not responsible for any failure downloads. You acknowledge and agree that, if you downloaded the App from a Platform Provider, such Platform Provider and its subsidiaries are third party beneficiaries of these Terms and will have the right to enforce these Terms against you as a third party beneficiary thereof.

AVAILABILITY

The Service availability and functionality depends on various factors, such as communication networks software, hardware, and Zeek’s service providers and contractors. Zeek does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access, error-free.

You remain responsible for ensuring a connection to the internet in order to use the Service.

CHANGES TO THE SERVICE

Zeek reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Zeek shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services or the Content included in the Service.

DISCLAIMER AND WARRANTIES

  1. ZEEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE APPLICABLE SELLER’S PRODUCTS OR SERVICES.
  2. ZEEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SERVICE. THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ZEEK AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “ZEEK AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICE. ZEEK DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. ZEEK MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
  3. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICE IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

ZEEK DOES NOT EXCLUDE OR LIMIT IN ANY WAY ITS LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. SUBJECT TO THE FOREGOING AND EXCEPT AS OTHERWISE STATED HEREIN, IN NO EVENT SHALL ZEEK AND/OR ANY OF THE ZEEK AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.

SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ZEEK AND/OR ANY ZEEK AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. SAVE AS EXPRESSLY STATED OTHERWISE IN THESE TERMS, IN NO EVENT SHALL ZEEK’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO ZEEK FOR USE OF THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION

We reserve the right to seek compensation from you for any claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) we incur and cannot reasonably avoid as a result of: (i) breach of any of these Zeek Shop Terms by you; (ii) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Service; and (iii) your violation of any applicable law or regulation.

AMENDMENT TO THE ZEEK SHOP TERMS

Zeek may change the Zeek Shop Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy. Substantial changes of these Zeek Shop Terms will be first notified on the Service and/or by sending you an e-mail regarding such changes to the email address that is registered under your account. Such substantial changes will take effect seven (7) days after such notice was provided on any of the abovementioned methods. Otherwise, all other changes to these Zeek Shop Terms are effective as of the stated “Last Revised” date and your continued use of the Service after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

Please note that in the event that the Zeek Shop Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.

TERMINATION OF SERVICE

At any time, Zeek may temporarily or permanently limit, suspend or terminate your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to Zeek under any applicable law.

You agree and acknowledge that Zeek does not assume any responsibility with respect to, or in connection with, the termination of our Service’s operation and loss of any data. The provisions of User Representations and Undertakings; Use Restrictions, Privacy Policy; Intellectual Property Right; Minors; Third Party Services; Third Party Components; Usage Rules; Disclaimer and Warranties; Limitation of Liability; Indemnification; and General will survive the termination or expiration of the Terms.

MISCONDUCT AND COPYRIGHT AGENT

We care for your safety and well-being. If you believe a user, including Third Party Providers, acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behaviour or content, please report immediately such person to the appropriate authorities and to us.

Zeek respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s copyright agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit the Company to locate the material (including URL address or screen capture of such infringing activity); (iv) information so that the Company can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s copyright agent can be reached at: support@zeekshop.com.

GENERAL

These Zeek Shop Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.

Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with the English law. Any dispute arising out of or related to your use of this Site and/or the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of England or Wales. If you are a consumer and you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish, English or Welsh courts. If you are a consumer and you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish, English or Welsh courts.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If, as a consumer who is a Buyer, you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage) .

If any provision of these Zeek Shop Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Zeek Shop Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Zeek Shop Terms without Zeek’s prior express written consent. Zeek may freely assign, sublicense or otherwise transfer any or all of its rights or obligations under these Zeek shop Terms. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Zeek Shop Terms are the entire terms and conditions between you and Zeek relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Zeek.

Notices to you may be made via email or regular mail. Our Service may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices.

To the extent permitted by law, you agree that a printed version of these Zeek shop Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Zeek Shop Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CONTACT

If you have any questions (or comments) concerning the Zeek Shop Terms or the Service, you are welcome to write to us at: support@zeekshop.com or 81 Rivington Street, London, UK EC2A 3AY, and we will make an effort to reply within a reasonable timeframe.

By contacting us, you represent that you are free to do so and that you will not knowingly provide Zeek with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Zeek, and Zeek may use or refrain from using any such information at its sole discretion.

We may contact you either by the telephone number or by writing to the email address or postal address you provide Zeek in your order or via your Account.