Terms of Use

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.zzjimi.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to Organisers wishing to place Listings on Our Site. Please refer to Our ‘Terms & Conditions for Listing’ for more information.

All users of Our site are advised to read the following documents:

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User to access and / or use certain areas of Our Site, as detailed in Clause 4;

“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Event or Activity” means the event or activity within a Listing. The terms “event” or “activity” may be interchangeable

“Organiser” or “Organisation” means a User that posts a Listing on Our Site. The terms “Organiser” or “Organisation” may be interchangeable

“Listing” means an event or activity posted on Our Site by an Organiser or Organisation. Listings provide details of an event/activity being promoted by the Organiser/Organisation.

“Platform” means Our operating system for all Users on Our Site;

“Third Party Advertiser” means a provider displaying their own (Third Party) Advertising banners displayed on Our Site;

“Third Party Advertising” means advertising banners displayed on Our Site, provided by third parties;

“User” means any person, Organiser or Organisation who utilises Our Site;

“User Content” means any Content added to Our Site by a User;

“We/Us/Our” means Zzjimi Limited, a company registered in England No.11177571 whose registered address is:

Zzjimi Limited
24 Wandsworth Road
London,
SW8 2JW
UK

2. Access to Our Site

2.1 Access to Our Site is free of charge, as is the placing of Standard Listings. If you wish to place a Listing using our Premium Listing option then please contact us at admin@zzjimi.com

2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use and our Terms & Conditions, we will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

2.4 Zzjimi Ltd offers, maintains and provides the websites and domains, which include:

www.zzjimi.com all the web pages, sub-domains, any variations within country level domains and any subsidiary parts of those websites (collectively known as Our “Site”;

all of the services available on or through our Site or otherwise provided by us (including programming interfaces of our application);

any of our free mobile applications (currently in existence or in future operation), including without limitation, the Zzjimi App.

3. Our Platform

3.1 Our Platform is provided solely as an online venue database and source for event and/or activity organisers, Charities, fundraisers and any other Organisations to place Listings detailing their events, services or other information. It enables Users to have access to the Listings, or to request an Account so that we may supply information to them based on individual preferences provided to us.

3.2 We do not organise any activities or events, nor do we sell any tickets or any other items – these can only be purchased directly from the Organisers or the ticket selling sites that they are using. At no time do we enter into a contract with a User who requests information from and/or tickets or services from an Organiser or Organisation.

3.3 We will not be a party to any dispute between Users.

3.4 We do not pre-screen or vet any Organisers or any Listing. We are not, therefore, in any way responsible for any Listings or for the content of any Listings and we do not recommend or endorse any Listing or Organiser on our Site. We do not verify the accuracy or truth or completeness of, and shall not be liable for and accept no responsibility for any information presented by Organisers. However, Users are advised to refer to the Terms and Conditions for Listing to ascertain what is permissible for listing on our site and for listing etiquette.

3.5 Where we have links to an Organisation’s websites, these websites are owned and operated by those Organisations over whom we do not have control. We do not endorse, recommend or accept responsibility for any Organisation, or their events or services, their websites or for any information, opinions or views given or advice provided by Organisers (whether on their websites or otherwise).

3.6 Where you request an Account as a User (not as an Organiser) we will ask you for particular information that will allow us to match your preferences with specific Listings. These will include (but are not exclusively), your interests, location & your preferred dates for events / participating. Although we will use our best endeavours to match your requests as closely as possible, you may also receive information about other events or Organisers that were not listed within your preferences.

4. Accounts

4.1 Certain parts of Our Site (including the ability to place Listings and to receive a more personalised response to your search request through the Platform) require an Account in order to use them. The ‘Pot Luck” and ‘Quick Search’ features can be accessed without the need for a User Account, although the results obtained may not be as closely matched as those obtained with a registered account and device location being enabled.

4.2 You may not create an Account in order to post Listings if you are under 18 years of age.

4.3 If you are under 18 years of age but over 13 years of age, your parent or guardian should create an Account to enable you to search for activities or events of interest to you. You must only use the Account with their supervision.

4.4 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.5 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.

4.6 It is your responsibility to keep your password safe. You should not share your Account details with anyone else.

4.7 If you believe your Account is being used without your permission, please contact Us immediately at support@zzjimi.com. We will not be liable for any unauthorised use of your Account.

4.8 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.9 All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.

4.10 If you wish to delete your Account, you may do so at any time. To delete your account, go to the My Account > My Profile > Delete.

4.11 If you delete your Account, We will remove your information from Our systems and will remove your User Content from Our Site (where applicable). Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.

4.12 You can also update your preferences for receiving communication from Zzjimi and your acceptance of Cookies by going to My Account > My Profile and selecting your preferences accordingly.

5. Intellectual Property Rights and Use of Our Site

5.1 With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and International intellectual property laws and treaties.

5.2 Subject to sub-Clauses 5.3 and 5.6, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.

5.3 You may:

a) access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);

b) download Our Site (or any part of it) for caching;

c) print one copy of any pages from Our Site;

d) download extracts from pages on Our Site; and

e) save pages from Our Site for later and/or offline viewing.

5.4 The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.

5.5 You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.

5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody, or pastiche; and the incidental inclusion of copyright material.

6. User Content

6.1 User Content on Our Site includes (but is not limited to) Listings, reviews, bulletin boards, feedback and forums.

6.2 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy (see Clause 13).

6.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4 You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating [and promoting] Our Site.

6.5 If you are an Organiser who wishes to remove Listings that are part of your content, you may do so in the following way: Log into your Organiser account, go to My Account > My Listing > choose the listing you wish to delete > click on the bin icon for that listing.

6.6 We will use reasonable efforts to remove the User Content from Our Site. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7 We may reject, reclassify, or remove any User Content from Our Site where it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.

7. Links to Our Site

7.1 You may link to Our Site provided that:

a) you do so in a fair and legal way;

b) you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;

c) you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

d) you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.

7.2 You may not link to any page other than the homepage of Our Site. Linking to other pages (known as “deep linking”) requires Our express written permission. Please contact Us at admin@zzjimi.com for further information.

7.3 Framing or embedding of Our Site on other websites requires Our express written permission.

7.4 You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:

a) is sexually explicit;

b) is obscene, deliberately offensive, hateful, or otherwise inflammatory;

c) promotes violence;

d) promotes or assists in any form of unlawful activity;

e) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

f) is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

g) is calculated or is otherwise likely to deceive another person;

h) is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

i) misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

j) implies any form of affiliation with Us where none exists;

k) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

l) is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites (including those of Organisers) are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Third Party Advertising

9.1 We may feature Third Party Advertising on Our Site.

9.2 You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.

9.3 We are not responsible for any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

10. Disclaimers and Legal Rights

10.1 Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

10.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

10.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

10.4 We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

11. Our Liability

11.1 Please note that the provisions of this Clause 11 are subject to Our Terms & Conditions for Listing.

11.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.

11.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or to any Content (including User Content) included on Our Site.

11.4 If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage and, if you have a Premium Listing (see T&Cs for Listings, Clause 16) Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the cost paid by you for the Premium Listing.

11.5 We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to Clause 10 and 11.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.

11.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

11.7 Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers’ legal rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

12. Viruses, Malware, and Security

12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not scan User Content uploaded by Users for viruses and malware as it is uploaded directly by them. We do not guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5, subject to sub-Clause 10.2.

12.2 We use the Amazon Cognito system and SSL encryption to secure our user data.

12.3 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

12.4 You must not deliberately introduce viruses or other malware, or any other material, which is malicious or technologically harmful either to or via Our Site.

12.5 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

12.6 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

12.7 By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

13. Acceptable Usage Policy

13.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:

a) you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;

b) you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

c) you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

d) you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

13.2 When using Our Site, you must not communicate or otherwise do anything that:

a) is sexually explicit;

b) is obscene, deliberately offensive, hateful, or otherwise inflammatory;

c) promotes violence;

d) promotes or assists in any form of unlawful activity;

e) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

f) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

g) is calculated or is otherwise likely to deceive;

h) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

i) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);

j) implies any form of affiliation with Us where none exists;

k) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

l) is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

13.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use. Further actions We may take, include, but are not limited to:

a) removing your User Content from Our Site;

b) issuing you with a written warning;

c) legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

d) further legal action against you as appropriate;

e) disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

f) any other actions which We deem reasonably necessary, appropriate, and lawful.

13.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use.

14. Privacy and Cookies

Use of Our Site is also governed by Our Privacy Policy and our Cookies Policy.

15. How We Use Your Personal Information (Data Protection)

15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and our Cookies Policy.

16. Communications from Us

16.1 If We have your contact details, We may send you important notices by e-mail. Such notices will only relate to important matters including, but not limited to, service changes; changes to these Terms of Use; Our Terms & Conditions for Listing, Privacy Policy and Cookies Policy and changes to your Account.

16.2 If you have set e-mail notification options within your Zzjimi Wish List you will receive e-mails which match your preference criteria as you have specified.

16.3 We will never send you marketing e-mails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us, it may take up to 10 working days for Us to comply with your request. During that time, you may continue to receive emails from Us.

17. Contacting Us

You can contact us by:

Writing to us at:

Zzjimi Limited
24 Wandsworth Road
London,
SW8 2JW
UK.

E-mailing us at: admin@zzjimi.com

18. Changes to these Terms of Use

18.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.

18.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

19. Law and Jurisdiction

19.1 These Terms of Use, the Terms & Conditions For Listing and the Privacy & Cookies policies, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

19.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Use, any of our Policies, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.