Terms & Conditions for Listing

BACKGROUND:

 

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which event/activity Organisers & Organisations may use this website, www.zzjimi.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

 

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

1.  Definitions and Interpretations

1.1       In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User/Organiser 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 any 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 any activity or event posted on Our Site by an Organiser/Organisation. Listings provide details of the event/activity being promoted by the Organiser/Organisation.

“Third Party Advertiser” means a party responsible for Third Party Advertising displayed on Our Site;

“Third Party Advertising” means advertising banners displayed on Our Site, provided by third parties, as detailed in Clause 10;

“User” means anyone who makes use of Our Site; and

“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.  Information About Us and How To Contact Us

2.1       Our Site, www.zzjimi.com is owned and operated by Zzjimi Limited.

2.2       You can contact us by:

  • Writing to us at:
Zzjimi Limited
24 Wandsworth Road
London,
SW8  2JW
England 

2.3       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”), and
  • All of the services available on or through our Site or otherwise provided by us (including programming interfaces of our application), and
  • Any of our free mobile applications (currently in existence or in future operation), including without limitation, the Zzjimi App;

 

3.  Access to Our Site

3.1       Access to Our Site is free of charge for the placing of Standard Listings. More details on Premium Listings can be found in Clause 16. If you require a Premium (paid) Listing, then please contact us at: admin@zzjimi.com

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

3.3       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.  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.  

4.  Accounts 

4.1       Certain parts of Our Site (including the ability to post Listings) will require an Account in order to access them.

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

4.3       When creating an Orgainser 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.

4.4       We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe. You should not share your Account details with anyone else.  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.

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

4.6       Any 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.

4.7       If you wish to delete your Organiser Account, you may do so at any time.  Deleting your Orgainser Account will result in the removal of your information. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.  To delete your account, go to your My Account menu > My Profile > and click on the Delete button at the bottom of the page. Deleting your account will also delete all listings you have uploaded to the site or stored in your Dashboard/My Listings page.

4.8       If you delete your Organisation account, any Listings you have posted to Our Site will also be deleted and the licence granted to Us under sub-Clause 6.4 will be terminated.

4.9       It will be your sole responsibility to self-manage your Organisation account and your Listings however, we will, at all times, have administration access to your Account and can, at our absolute discretion, refuse or remove any Listings and/or close your Account and/or refuse a request for an Account.

 

5.  Intellectual Property Rights and Our Site

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

5.2       Subject to the licence granted to Us under sub-Clause 6.4, Organisers retain the ownership of copyright and other intellectual property rights subsisting in their Listings (unless any part of a Listing is owned by a third party who has given their express permission for their material to be used in the Listing).

5.3       You may:

a)         access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

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

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

d)         download, copy, clip, print, or otherwise save extracts from pages on Our Site; and

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

5.4       You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.

5.5       Subject to sub-Clauses 5.3 and 5.7 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so.  For further information, please contact Us at admin@zzjimi.com.

5.6       Our status as the owner and author of the Content on Our Site (or that of identified licensors or Organisers/Organisations, as appropriate) must always be acknowledged.

5.7       Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, 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.  Listings

6.1       An Organiser account is required if you wish to post a Listing (either a Standard or a Premium Listing).  Please refer to Clause 4 for more information.

6.2       You agree that you will be solely responsible for your Listings.  We accept no responsibility for the content of Listings. Specifically, you agree, represent and warrant that:

  • You have the right to submit the Listing(s), and

 

  • You have the license rights (as necessary) for any images/multimedia or logos used and

 

  • All information in the Listings is accurate and truthful, and

 

  • All such information will be kept accurate and up-to-date, and

 

  • No personal data will be included that you do not have the right to include, and

 

  • That all such Listings will comply with Our Acceptable Usage Policy, detailed below in Clause 7.

 

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 your licensors, as appropriate) retain ownership of the content of your Listings and all intellectual property rights subsisting therein.  By submitting a Listing, 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 that Listing for the purposes of operating and promoting Our Site.

6.5       If you wish to remove a Listing, you may do so by:

Going to the My Account menu > My Listings > choosing the Listing you wish to delete  > clicking on the bin icon for that listing. 

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

6.7       We may reject, reclassify, edit, or remove any Listing from Our Site where, in Our sole opinion, it is not relevant to our Site or it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Listing in question should be removed as a result.

6.8       Listings are placed on the Site in no specific order of preference unless you have requested a Premium Listing, in which case please see Clause 16. Users can however, filter listings acording to their own preferences.

 

7.  Acceptable Usage Policy

7.1       You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 7.  Specifically:

a)         you must ensure that you comply fully with any and all applicable local, national, and 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.

7.2       When posting a Listing (or communicating in any other way using Our Site), you must not post, communicate or otherwise do anything that:

a)         is sexually explicit;

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

c)         promotes violence;

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

e)         discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, 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 otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the subject matter of the Listing or any other Listing or Organiser/Organisation or Third Party Advertiser on Our Site);

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 7.2);

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, patents, trade marks 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.

7.3       Only Listings that are relevant to our Site may be posted.

7.4       We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

a)         suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

b)         remove any Listing posted by you, which violates this Acceptable Usage Policy;

c)         issue you with a written warning;

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

e)         take further legal action against you as appropriate;

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

any other actions which We deem reasonably appropriate (and lawful).

7.5       We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

8.  Links to Our Site

8.1       You may link to Our Site provided that:

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

b)         you do not do so in a manner 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 calculated to damage Our reputation or to take unfair advantage of it.

8.2       You may link to any page of Our Site.

8.3       Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at admin@zzjimi.com  for further information.

8.4       You may not link to Our Site from any other site the content of which 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, sex, 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;

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 8.4);

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, patents, trade marks 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.

8.5       The content restrictions in sub-Clause 8.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 8.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

9.  Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites 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.

 

10.  Third Party Advertising

10.1     We may feature Third Party Advertising (in addition to Listings) on Our Site and We reserve the right to display Third Party Advertising on the same page as any Listing.

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

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

 

11.  Disclaimers and Legal Rights

11.1     Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  In Particular, We make no representation or warranty that any part of Our Site (including Listings) is suitable for use in business or that any part of it constitutes accurate data and/or advice on which business decisions can be based.

11.2     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.

11.3     If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us (that is not Content uploaded by an Organiser) 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.

11.4     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 such Content is complete, accurate, or up-to-date.

11.5     We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Listings.  Any such opinions, views, or values are those of the relevant User / Organisation and do not reflect Our opinions, views, or values in any way.  We have no control over, nor any involvement in, any Listings, and We accept no responsibility for any actions taken, or for any products or services advertised in, any Listing.  

 

12.  Our Liability

12.1     To the fullest extent permissible by law, We accept no liability to any User/Organisation 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 use of or reliance upon any Content (whether it is provided by Us or whether it is a Listing) included on Our Site.

12.2     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 any Content (including Listings) included on Our Site.

12.3     If you are a business user, 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 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.

12.4     We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 11.3, 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 (including the downloading of any Content from it) or any other site referred to on Our Site.

12.5     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.

12.6     Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12.7     Nothing in these Terms seeks to limit consumers’ legal rights.  If you are a consumer, more information about your legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

 

13.  Viruses, Malware and Security

13.1     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 the Content uploaded by Organisers for viruses and malware as it is uploaded.  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 12.4.

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

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

13.4     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.

13.5     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.

13.6     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.

13.7     By breaching the provisions of sub-Clauses 13.3 to 13.5 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.

 

14.  Privacy and Cookies

Use of Our Site is also governed by our Privacy and Cookies Policies.  These policies are incorporated into these Terms and Conditions by this reference.

 

15.  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 and Cookies Policies  

 

16.  Premium Listings

16.1     This Clause will only apply where you wish to place a Premium Listing on Our Site.

16.2     A “Premium Listing” means a premium listing posted on Our Site by an Organiser, in exchange for a fee.

16.3     If you are a business customer, these Terms constitute the entire agreement between Us and you with respect to your purchase of Premium Listings from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

16.4     The amount payable for the Premium Listing, the payment terms and the length of time it will remain on our Site will be as agreed in writing with you.

16.5     Your order to purchase a Premium Listing constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you written confirmation by e-mail and only at that point will there be a legally binding Contract between Us and you.

16.6     In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you using the same payment method that you used when purchasing your Premium Listing.

16.7     Payment for Premium Listings must always be made in advance and must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

16.8     If you do not make any payment due to Us on time, We will not make your Premium Listing available on Our Site or, in the case of a renewal, will suspend its availability on Our Site.  If you do not make payment within 5 days of Our reminder, We may cancel the Contract, and will inform you of the cancellation in writing.

16.9     In some limited circumstances, We may need to suspend the availability of Premium Listings for reasons including, but not limited to, fixing technical problems on Our Site.  If your Premium Listing is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. The availability of your Premium Listing will be extended by a period equivalent to the length of the suspension.  If the suspension lasts (or We tell you that it is going to last) for more than 15 working days, you may end the Contract.

16.10   If you remove your Premium Listing you will not be due any refund from us and you will not be able to reactivate the Premium Listing.

16.11   Please note that consumers will not be eligible for a 14-day cancellation or “cooling-off” period as Our service (i.e. the hosting of your Premium Listing) begins immediately upon the formation of the Contract.

16.12   You may end the Contract at any time if We have informed you of a forthcoming change to Our services, or to these Terms that you do not agree to.  If the change is set to take effect or apply to you before the expiry or renewal date of your Premium Listing, We will issue you with a pro-rata refund equal to the time remaining on your Premium Listing.  If the change will not take effect or apply to you until the expiry or renewal date of your Premium Listing, the Contract will end on the expiry or renewal date and no refund will be due.

16.13   If We have suspended availability of your Premium Listing for more than 15 working days, or We have informed you that We are going to suspend availability for more than 15 working days, you may end the Contract immediately and We will issue you with a pro-rata refund.

16.14   If an event outside of Our reasonable control occurs and continues for more than 15 working days, you may end the Contract immediately and We will issue you with a pro-rata refund.

 

17.  Changes to these Terms and Conditions

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

17.2     If you have a Premium Listing (see Clause 16) We will notify you of any changes that will materially affect these Terms, your use of our Site or the Premium Listing.

17.3     In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

18.  Communications From Us

18.1     If you have an Account, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.

18.2     We will never send you marketing emails of any kind without your express consent.  If you do give such consent, 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 at any time, it may take up to 10 working days for your new preferences to take effect.

18.3     For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at admin@zzjimi.com.

 

19.  Law and Jurisdiction

19.1     These Terms and Conditions, 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 and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.