Zinitt Commerce Website, Web App and Commerce Application (APP) Terms Of Service
For the purpose of these Terms of Services, the following definitions apply:
1. Users: Any person who has agreed to these Membership Rules and has successfully registered and accesses on Zinitt’s Commerce website and Commerce applications (APP).
2. Services: The services provided by Zinitt to Users through Zinitt’s commerce website and commerce application (APP). Services will be updated from time to time at ZINITT’s discretion.
3. Transaction: Any activity undertaken by a user through Zinitt’s commerce website and commerce application (APP) such as online shopping.
4. Merchant: Any provider of goods or services that execute Transactions, such as store operators and seller on Zinitt’s commerce website and commerce applications (APP).
You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you agree that you are at least 18 years old and that if you are below 18 years old, your legal guardian has reviewed and agreed to these Terms and is happy for you to access and use our Services If you do not qualify, please do not use our Site.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1. LICENSE AND USER ACCOUNT
1.1. Use of the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Zinitt policies, Zinitt grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own shopping purposes; if you are merchant of Zinitt commerce platform or commerce application (APP), you are granted to use the account as log in purpose to manage your store and selling. You agree not to use the Service for any other purpose. The license commences on the date that you accept these Terms and install or otherwise use our Services. The license ends on the earlier of your disposal of the Services or our termination of the license in accordance with these Terms.
The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 18; if you are under 18 years old, your legal guardian has reviewed and agreed to these Terms and is happy for you to access and use our Services.
You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; you will take all reasonable steps to protect your log in details and keep them secret. You are responsible for all activities performed using your Account whether the access is authorised by you or not. You shall not use the Service if you have previously been removed by Zinitt, or previously been banned from using any Zinitt commerce application (APP), e-commerce website, mobile commerce website or application (APP).
You shall use your Account only for shopping purposes. If you are the merchant who has paid for fees to Zinitt for open shop in the commerce platform, website or application, you shall use your Account for selling purpose. For shopping Account Users, you shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.
During the Account creation process, you will be required to select a username (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Zinitt and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. Zinitt reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
• Violate the laws, rules and regulations, including but not limited to these Terms & Conditions;
• Act in a way that is detrimental to the rights, interests or reputation of Zinitt, Merchant, or relevant third parties;
• Engage in activities that can lead to mental or physical disorders in children, or violate public order and morals;
• Engage in activities that may cause interference or hurt the feelings of other Users or third parties;
• Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Zinitt commerce website, or commerce application (APP)
• Provide false information;
• Lend or give the user ID and password to a third party or use it together with a third party.
Zinitt reserves the right to suspend or terminate the Service to any Users who breaches or is reasonably suspected to be in breach of the above prohibitions
• Engage in any act that Zinitt deems to be in conflict with the spirit or intent of the Service or make improper use of Zinitt’s support services.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Zinitt service environment.
• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Zinitt, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
• Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Zinitt employees, including Zinitt’s customer service representatives.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Zinitt employee.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Zinitt commerce website, mobile commerce and commerce applications, or to obtain any information from the Service or any Zinitt commerce website, mobile commerce and commerce applications using any method not expressly permitted by Zinitt.
• Solicit or attempt to solicit personal information from other Users of the Service or any Zinitt commerce website, mobile commerce and commerce applications or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Zinitt reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Zinitt reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
1.2. Suspension and Termination of Account and Service
Without limiting any other remedies, Zinitt may limit, suspend, terminate, modify, or delete accounts or access to Zinitt services or portions thereof if you are, or Zinitt suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you. You can lose your user name and persona as a result of account termination or limitation, as well as any benefits, privileges, earned point associated with your use of the service, and Zinitt is under no obligation to compensate you for any such losses or results.
Without limiting our other remedies, we may limit, suspend or terminate the service and user accounts or portions thereof, prohibit access to our commerce site and commerce application, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent Users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of Users who may be repeat infringers of third party intellectual property rights.
ZINITT may suspend or terminate the provision of services, in whole or in part, or take the necessary measures without prior notification the Users in order to maintain the quality of services with regards to the following:
Performing routine system maintenance or emergency system maintenance;
or in case of an overload; When Zinitt detects a likely risk of interruption of services; to ensure the safety of Users; or when deemed necessary. Zinitt will not be responsible for any losses or User’s termination of the services due to suspension.
ZINITT ENTERPRISE RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Zinitt reserves the right to stop offering and/or supporting the Service or a particular website, applications or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Zinitt shall not be required to provide refunds, benefits or other compensation to Users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by following the process described on our support page located at https://www.zinitt.com/support informing Zinitt that you wish to terminate your Account.
All rights, title and interest in and to the Service (including without limitation any commerce website, commerce application, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, using a Zinitt commerce website and commerce applications client, and the Zinitt commerce website and commerce applications clients and server software) are owned by Zinitt. Zinitt reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its commerce website, commerce application (APP) and the Service.
2.4. User Submission
Anything that you submit to Zinitt Commerce website, mobile commerce Application (APP) and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
3. USER CONTENT
3.1. Content Screening
Zinitt Enterprise assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Zinitt chooses, in its sole discretion, to monitor the Service, Zinitt nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Zinitt cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Zinitt shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Zinitt may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Zinitt violates these Terms of Service.
You hereby grant to Zinitt an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Zinitt the right to authorize others to exercise any of the rights granted to Zinitt under these Terms of Service. You further hereby grant to Zinitt the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and inconnection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Zinitt does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Zinitt has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.4. User Interactions
You are solely responsible for your interactions with other Users of the Service and any other parties with whom you interact through the Service and/or Zinitt commerce website or commerce applications. Zinitt reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Zinitt to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Zinitt access to any password-protected portions of your Account.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. COMMERCE WEBSITE AND COMMERCE APPLICATION (APP) TRANSACTION
Transactions made by Users with the Merchants via the Commerce Website and Commerce Application (APP) is a direct transaction between Users and Merchants. Zinitt will not be involved and does not assume any responsibility for such a transaction, including cancellations, unless Zinitt is providing such transaction. Zinitt will not be held responsible for the merchant's liability arising in connection with the exchange, return, refund and loss. Zinitt will not be held responsible for compensation for defects caused by merchants' or manufacturers' fault. Any problems arising from a Transaction must be resolved between the Merchant and the Users.
5. MERCHANT'S SERVICE FEES
Zinitt App Open Shop Merchant does charged a monthly service fees for having APP or mobile web app and web app or both. Merchant can choose to made the payment with half year basis or a full year basis. Besides, merchant does charged a set up fees for one time only when merchant sign up for the open shop plan. The service fees and setup fees will not be return or refund. All service fees are subject Goods and Service Tax (“GST”) and other taxes under all applicable laws and regulations, and Zinitt may charge merchant such GST and other taxes additionally.
6. MERCHANT'S OBLIGATION
Merchant should manage their product properly and ensure that the relevant information such as the price and the details of products, inventory amount, shipping cost and also terms and conditions for sales is updated and should not post inaccurate information. The price of products for sale will be determined by Merchant at their own discretion. The price of a product and shipping cost shall include the entire amount to be charged to buyers such as sales tax, GST, tariffs, etc., if any. Merchant should issue receipts or tax invoices to buyers on request, if such issuance is required under the laws of Malaysia. Besides, Merchant should make sure that all contents including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by merchant in APP, mobile site,mobile web app, web app, website and Zinitt shopping platform do not infringe or violate trade mark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and / or circuit layout rights and all various other intellectual property rights subsisting in any part of the world belonging to third parties. Merchant should also ensure that the use of such intellectual property rights is with the prior,approval or consent of Intellectual Property Rights owner. If there be any complaints or alleged claims of infringement or violation of intellectual property rights made by any Third Party against the Merchant’ use of Intellectual Property Rights on the Web Site, Zinitt may at its sole discretion without notice to the merchant take down the listing, information, specification and photograph complained of and suspend sales of the merchant’s corresponding product until Zinitt at its sole discretion deems that the evidence provided is sufficient to prove that the complaints or claims are invalid.
6.1 MERCHANT'S PROHIBITED PRODUCTS
The sale of illegal products, or other products described in our Prohibited Products Policy, is strictly prohibited, and it is each merchant’s responsibility to carefully review our policies before listing a product. Merchant must also understand that they are responsible for ensuring that their products comply with all applicable federal and state laws, even if the product is not specifically described in our policies. Laws change frequently, so merchant should monitor regulatory changes regularly and take appropriate action. Merchants who violate our policies or applicable law may be subject to enforcement action, which can vary depending on the type of offense such as immediate removal of listing, no fees refund without prior notice.
7. DISCLAIMER OF WARRANTIES
Without limiting Zinitt’s liability under section 6 below, the service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Zinitt does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the commerce website/web app and commerce application (APP) or the service are free of viruses or other harmful components. Zinitt makes no warranties regarding the authenticity, accuracy, novelty, use, reliability, legality or non-violation of the rights of third parties in connection with Merchants or their websites. Zinitt will not be liable for damage caused by interruptions to the system, delay, suspension, or loss of data due to connection or computer failure, unauthorized access to data, or other damages suffered by Users in connection with use of services provided by Zinitt. Zinitt does not warrant that the contents of electronic mail from the commerce website, commerce application, the zinitt server, or domain groups are free of computer viruses or elements other damaging. Zinitt will not be responsible for the consequences of information or any suggestions that may be given to Users by Zinitt or Merchants. Zinitt will not be liable for losses caused by violation of these Terms and Conditions by the Users.
8. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
Zinitt shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these terms of service or the service itself, whether based on contract, tort or any other Legal theory and whether or not Zinitt has been advised of the possibility of such damages. Zinitt shall not be liable to you for more than the amount you have paid to Zinitt in accordance with these terms of service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Zinitt during such time period, your sole remedy (and Zinitt’s exclusive liability) for any dispute with Zinitt is to stop using the service and to cancel your account.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Zinitt may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Zinitt’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Zinitt harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
9. DISPUTE RESOLUTION AND LAW
11. GENERAL PROVISIONS
11.2. Supplemental Policies
Zinitt may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
11.3. Entire Agreement
11.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Zinitt shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Zinitt.
We may notify you via postings on www.zinitt.com, and via e-mail or any other communications means to contact information you provide to us. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
11.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Zinitt are of a unique and irreplaceable nature, the loss of which shall irreparably harm Zinitt and which cannot be replaced by monetary damages alone so that Zinitt shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Zinitt commerce website and commerce application (APP), exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 6(if any).
11.7. Force Majeure
Zinitt shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Zinitt, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Zinitt’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor and materials or any other force majeure event.
12. ORDERS LIMITATION/ LIMITED QUANTITIES
We reserve the right to reject any product(s) order you have placed with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order or message.
Zinitt may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Zinitt also reserves the right to reject any order you place with us. These restrictions includes all and any product(s) orders placed by the same Zinitt commerce website and commerce application account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.
Zinitt reserves the right to limit or prohibit sales to dealers or re-sellers.
13. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Zinitt may require that you accept updates to the Service and to Zinitt’s commerce website and commerce application (APP) you have installed on your computer, laptop, mobile devices such as smartphone and tablet. You acknowledge and agree that Zinitt may update the Service and Zinitt’s commerce website and commerce applications (APP), with or without notifying you. You may need to update third party software from time to time in order to receive the Service and use Zinitt’s commerce website and commerce applications (APP).
Effective Date: March 9, 2015
Last Updated : May 11, 2016