FR

Terms of Service

 

These terms of service (the "Agreement" or the "Terms") are a legally binding agreement between you ("you," "your") and Zweet, a division of Tuango Inc. ("Zweet," "we", "our" or "us" ) regarding the use of Zweet’s web-site, mobile services and applications ("Apps"), networks and other services and features (collectively, the "Services"). Zweet provides the Services to you subject to these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED INTO THIS AGREEMENT AND ANY AMENDMENTS TO ANY OF THE FOREGOING WHICH WE MAY POST FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT USE THE SERVICES. THE SERVICES ARE FOR YOUR OWN USE ONLY. YOU MAY NOT PROVIDE THEM IN ANY OTHER WAY TO ANYONE ELSE.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our affiliates for products, services or otherwise.

 

Accounts and Registration.

In order to access the majority of Zweet’s features and services, you will be asked to register for an account. Zweet has a limit of one account per person, with each unique mobile device associated with no more than two (2) user accounts. Minors under the age of 16 may not use our Apps. To register for a Zweet account, you must complete the registration process at www.zweet.com or through the Apps by providing Zweet with current, complete and accurate information about yourself. Upon registration, you will be asked to provide Zweet with your email password and user name. You understand and agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Account Information"). You further agree that you are not registered under two accounts. We are not responsible for any loss you suffer as a result of not keeping your Account Information current. You understand and agree that you are solely responsible for maintaining the confidentiality of your password and user name and that you shall be solely and fully responsible for all activities that take place under your account. Zweet shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password or user name. If you become aware of any unauthorized use of your password or of your account or have motive to believe that your account is no longer secure for any reason, then you accept to notify us immediately by sending us an email at support@zweet.com.

 

Privacy Policy.

Please read the Zweet Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. The Zweet Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

 

How Zweet Works.

Every week, Zweet will present you via email or push notifications with one or several varied products and services on which you can obtain a discount within a certain time period (the "Offer"). You simply make a purchase of one or more of those items (the "Featured Product") at all accepted retailers that can provide a printed receipt, printed invoice or packing slip as proof of the purchase, take a picture of the printed receipt, printed invoice or packing slip on your smart phone device and using the Services, send us the picture. The discount will be credited to your account (the "Credit"), so long as we are satisfied, in our sole and absolute discretion, as provided below, that the correct product has been purchased during the appropriate time period and that the receipt photographed has been issued by a real retail store. Seeing as the Services are provided solely by Zweet, by accepting these Terms, you agree not to make any claims for credit against third-party providers, merchants or manufacturers of products and services. Products that are purchased and claimed for a credit from Zweet cannot be returned to the store. Note that you're responsible for all taxes, if any, associated with the credits issued by Zweet.

Photos submitted through the Apps must be of the original paper receipt, which cannot have been altered in any way, issued by a retailer and for a purchase that you paid for personally. Our determination of whether a product or service promoted has been purchased by you and properly submitted in accordance with these Terms shall be the definitive determination, and shall be final and not subject to appeal.

Transfer of the credits- Once you have accumulated at least $20.00 of credits in your account, you can request a check totalling the balance of your account for an equivalent amount of money. Credits are non-transferable and have no cash or monetary value prior to reaching a $20 balance in your account. There is no interest paid on credit balances. Your cheque will be sent by mail to the address provided at the moment of your request. Please note that we have no responsibility and assume no liability for any loss or delay of funds mailed to you that is caused by any postal service or any other party. If no choice is communicated to us, the credit will remain in your account without interest. The funds we use to pay the Credit amounts are provided to us by the brands that make the applicable Offer possible. In the unlikely event we do not receive funds for an Offer from the applicable brand, we will not pay you the applicable Credit amount.

Termination of Account- If you cancel your account with us, if we terminate your account or if we cease providing the Services generally, and you have a credit of $20.00 or more in your account, you will be expected to withdraw all credits at the time the account is cancelled or terminated or the Services discontinued. If you fail to properly withdraw your credits, we will mail you a check for any balance over $20 remaining in the account in accordance with these Terms. If we are not in possession of your mailing address, we will have the right to communicate with you by email to request your mailing address and if, within a period of thirty (30) days from the date we sent the email, you did not provide a mailing address, you will forfeit the credits that remain in your account. We have no responsibility and assume no liability for any loss or delay of funds mailed to you that is caused by any postal service or any other party.

Although you have a right to the credits accumulated in your account through various transactions made on Zweet’s website, you will not have acquired a property interest in such credits if and until you withdraw the credits from your account, in accordance with these Terms.

 

Inactive Accounts.

For your account to remain active, you must use the Zweet Services at least once per calendar year. If you fail to successfully claim a Featured Product for twelve (12) consecutive months, your account will be considered "inactive". Once your account is inactive and if your balance is less than $20, we reserve the right, to the extent allowed by applicable law, to close your account which will result in the total loss of all your credits and points. Once your account is inactive and if your balance is $20 or greater, we reserve the right, to the extent allowed by applicable law, to deduct a $2 monthly fee (« Inactivity Fee ») until the balance is less than $20 and then proceed to the closing of your account which will result in the total loss of all your credits and points. Depending on applicable federal, state, provincial and local tax laws, your withdrawal of credits may be subject to taxes. You will be solely responsible for any and all tax liability arising out of such withdrawal.

 

Mobile Services.

The Apps are a fast and easy way for you to access and use the Services. If you download and access the Services through the Apps, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. By using the Apps, you agree that we may communicate with you regarding the Services by text message or other electronic means to your mobile device, in accordance with our Privacy Policy.

 

Limited License to the Content.

For purposes of these Terms, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, layout, design, formatting, software, scripts, graphics, written posts and comments, and interactive features generated, provided, or otherwise made accessible on or through the Services. Subject to the Terms, Zweet grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and access the Services and the Content. Any unauthorized use of the Services or Content, as established herein, without Zweet’s prior written permission is strictly prohibited and will terminate the limited license granted herein and may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. You further acknowledge that we have the right to terminate and revoke the limited license granted herein at any time and for any reason, at our sole discretion.

 

Hyperlinks and Third Party Services.

The Services may permit you to link to other websites, apps, services or resources on the Internet, including through use of an API or by linking your account on Zweet with an account on the third party service, such as social networks, or also through an application purchasing platform (“Third-Party Sites”) and to access third-party content (“Third-Party Content”). You acknowledge that, by using these tools, you authorize us to transfer such Account Information and other information to the applicable third party service. Furthermore, you acknowledge that when you access Third-Party Sites and Third-Party Content, you do so at your own risk: we provide these links only as a convenience and have no control over these other resources. We do not publish or disseminate the material contained in these other sites or applications. The inclusion of any link to a Third-Party Site or Third-Party Content does not imply our endorsement or any association between us and their operators. You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Sites or Third-Party Content, nor for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Sites or Third-Party Content.



Advertisements and Promotions.

We reserve the right to run advertisements and promotions from third parties on the Services, the whole at our discretion. When you communicate or make a transaction with a third-party or participate in promotions from a third-party, any terms, conditions, warranties or representations associated with such transactions are only enforceable by and between you and the third-party in question. You acknowledge that we are not responsible or liable for any damage or loss of any sort caused or alleged to be caused by or in connection with communications or transactions made with a third-party advertiser on the Services.

 

Zweet Points.

Zweet may provide incentives in the form of Zweet Points to its users. Each user can earn Points by performing on the Apps certain activities determined by Zweet from time to time, such as, for instance, purchasing a Featured Product, scanning a receipt, purchasing certain brands or products, reaching a certain level of activity, posting information or comments on the Apps, sharing deals with their personal contacts and inviting them to try out Zweet, and so on and so forth. Users will be able to exchange Points against rewards in the upcoming Zweet’s Rewards Store. Zweet Points will expire after twelve (12) consecutive months of inactivity from their date of issuance by Zweet in the user’s account. In the case of Zweet Points, your account will be considered “inactive” if you fail to purchase a Featured Product and deliver a photo of the paper receipt and if no points are debited or credited from/to your account for twelve (12) consecutive months. Zweet Points earned by a user may be subject to taxes under any local, state, provincial, national tax laws, and if so, the payment of such taxes shall be the user’s sole responsibility.

 

Referral Incentives.

Zweet may introduce, occasionally, referral incentives for its users, by which you may qualify for special bonuses or other incentives if you refer potential new users to Zweet, according to the terms and conditions determined for each individual referral activity. Users shall not be eligible to qualify for these referral incentives if they behave in any way that is prohibited under these Terms. Any referral incentive earned by a user may be subject to taxes under any local, state, provincial, national tax laws, and if so, the payment of such taxes shall be the user’s sole responsibility.

 

Termination / Modification of License and Site Offerings.

Subject to these Terms, we reserve the right, in our sole discretion, to terminate your license to use the Services and your access to all or any part of the Services at any time, with or without case, with or without notice, effective immediately. We reserve the right, in our sole discretion, to modify or replace any of these Terms, or any policy or guideline relating to the Services, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Apps, or by sending you a notification at the email address you provided in your Account Information, or by a pop-up window or other notification to you through the Services when you log in through the Services, via e-mail or by another appropriate means of electronic communication, at our sole discretion. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability, including notably, terminating an Offer prior to its previously indicated end date and time and cancelling the resulting payments. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes or modifications.

If you do not agree with the changes or modifications to the Terms, you must stop using the Services. You can cancel your account with us without further obligation, and any credits of $20 or more remaining to your credit will be sent to you by check as described below. If you have any questions about the Terms, please communicate with us at support@zweet.com.

 

User Communications.

Zweet may in some instances allow you and other users to use the Services to submit unsolicited ideas or suggestions of any kind, or post reviews, opinions, advice, ratings, discussions, comments, messages, and other communications, as well as files, images, photographs, video and other materials and content through social networks, forums, bulletin boards, reviews, surveys, discussion groups, chat rooms, blogs, or other communication facilities that may be offered on or through the Apps from time to time. We are under no obligation to keep such communications or the content you send us confidential and may use, reproduce, publish or redistribute it for any purpose, without restriction and without having to compensate you.

 

Prohibited Conduct.

All interactions on this Site must be lawful and must comply with these Terms. When using the Services, you recognize that you are forbidden from engaging in any of the following activities that are prohibited by Zweet and constitute express violations of this Agreement (the “Prohibited Conduct”), and thus agree not to:

  • Submit any purposely inaccurate information, commit fraud or falsify information in connection with your Zweet account or in order to create multiple Zweet accounts;
  • Submit to Zweet false copies of receipts or do any other attempt to obtain a Credit for products that have not actually been purchased, or for products that have been purchased but returned to a store, following purchase;
  • Upload receipts that have already been uploaded by you or another user, for the purpose of earning Credit from Zweet;
  • Upload receipts to Zweet that reflect purchases that took place more than one (1) week prior to the date on which the receipt is uploaded;
  • Attempt to obscure the date of a receipt, such as by purposefully uploading a receipt without any date shown or without any clearly legible date shown;
  • Exploit or attempt to exploit Zweet’s Points system or Referral incentives program by inviting yourself to join Zweet using another account or invite others who share the same mobile device, in an effort to earn referral bonuses or credit(s);
  • Assume or act the character of any person or entity, or to claim an affiliation with any person or entity, or to use or access the user account of another person without her permission, forge another person’s digital signature, or perform any other similar fraudulent activity;
  • Use, view, copy, print, modify, distribute, or store portions of the Content for any purpose other than using the Services, including notably for commercial use or in any way that violates any third party right, without prior written permission from Zweet;
  • Proceed to any and all transfers of the licenses granted herein;
  • Make false or misleading claims about Zweet, the Content, the Apps and/or the Services.
  • Make statements or post, upload or distribute on the Apps and/or the Services any information or material that is, or that a reasonable personable could deem to be, unlawful, harmful, objectionable, profane, offensive, hateful, threatening, indecent, abusive, embarrassing, harassing, hateful, racially or ethnically offensive, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, or otherwise inappropriate, invasive of the privacy of another person, or violating any third party rights;
  • Use the Services to make unsolicited offers to Zweet’s users or send them any promotional material whatsoever;
  • Infringe the copyright or any other proprietary rights on the Services or the Content;
  • Use the Services in violation of any local, state, provincial, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • Defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent;
  • Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, including service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site or putting a disproportionately large load on our infrastructure;
  • Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
  • Attempt to or access, monitor or copy any Content or information from the Apps using any data mining, “robot,” “spider,” “scraper” or similar data gathering or extraction methods or other automated means or any manual process for any purpose without our express written permission;
  • Upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  • Using frames, framing techniques or framing technology to enclose any content included on the Apps without our express written permission;
  • Using any Content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Apps or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • Modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law;

 

Disclaimers.

ZWEET MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT AND THE SERVICES AND PROVIDE IT ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE TO USE THE CONTENT AND THE SERVICES AT YOUR OWN RISK. WE DO NOT WARRANT THAT USE OF THE CONTENT AND THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR THAT THE CONTENT AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; NOR DO WE MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO (i) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT AND THE SERVICES, (ii) COMPLETE AND GUARANTEED PROTECTION OF INFORMATION, INCLUDING PERSONAL INFORMATION, THAT YOU PROVIDE TO US, (iii) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, (iv) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE, (v) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE CONTENT AND THE SERVICES, INCLUDING FOR DEFECTIVE PRODUCTS AND (vi) ANY WARRANTIES THAT THE APPS, THE SERVICES, ITS SERVERS, OR EMAILS SENT FROM US ARE FREE FROM HARMFUL COMPONENTS, SUCH AS VIRUSES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability.

IN NO EVENT SHALL ZWEET, ITS SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (THE “ZWEET ENTITIES”), WHETHER OR NOT THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, STATUTE, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF OR RELATED TO YOUR USE OF THE APPS, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE APPS, THE SERVICES OR THESE TERMS AND, WITH RESPECT TO THE SERVICES FOR: (i) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (ii) ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED ON THE APPS OR THE SERVICES, (iii) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, (iv) ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES, (v) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE ZWEET SERVICES, INCLUDING THE AVAILABILITY OF A COUPON, (vi) ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES, (vii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (viii) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (a)THE AMOUNTS, IF ANY, YOU HAVE PAID TO ZWEET FOR ACCESS TO AND USE OF THE SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (b) $10.00. YOU SPECIFICALLY ACKNOWLEDGE THAT THE ZWEET ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZWEET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnity.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ZWEET, ITS SUBSIDIARIES, AFFILIATES AND ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, "ZWEET INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS, MADE BY ANY THIRD PARTY ARISING FROM OR RELATED TO (i) YOUR (OR ANY USERS OF YOUR ACCOUNT) ACCESS TO, USE OR ALLEGED USE OR MISUSE OF THE APPS, THE CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS' ACCESS TO CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE APPS OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (ii) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT; (iii) YOUR VIOLATION, OR ANY PARTY USING YOUR ACCOUNT, OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT OR (iv) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD PARTY. THE ZWEET INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE THROUGH COUNSEL OF THEIR CHOICE OF ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE ZWEET INDEMNIFIED PARTIES (i.e. "INDEMNIFIED CLAIM'). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED ZWEET INDEMNIFIED PARTIES. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

 

Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.

Zweet complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). Zweet reserves the right to terminate the right to use the Services by a user who infringes the copyrights of a third-party. If you believe that your work or the work of a third-party has been copied in a way that constitutes copyright infringement, and you would like to bring this material to Zweet's attention, please provide us with the written information specified below: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of the material that you claim is infringing and where it is located on the Services; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The email contact information for Zweet’s DMCA Agent for notice of claims of copyright infringement is: administrator@zweet.com. Please note that this procedure is exclusively for notifying us that copyrighted material has been infringed.

 

Dispute Resolution and Arbitration.

General considerations - Zweet will make every reasonable effort to resolve any disagreements or disputes that you have with us rapidly and in a cost effective manner. By using the Services, you agree that any claim, dispute, or controversy you may have against Zweet arising out of, relating to, or connected in any way with these Terms, the Services and the Apps shall be resolved exclusively by final and binding arbitration. By agreeing to these Terms, you understand and agree to waive any right you may have to a trial by jury or any right to participate in any class proceedings against Zweet. The arbitration shall be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable rules and procedures established by AAA. The AAA rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879, or by contacting Zweet. Process - In order to begin the arbitration process, the party who intends to seek arbitration must first send a written notice of the dispute to the other, which shall (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 120 days after the Notice is received, you or Zweet may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Zweet shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Zweet shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Zweet in settlement of the dispute prior to the arbitrator's award. You may send Zweet a notice by certified mail or by Federal Express at the address set forth at the end of these Terms. If we must send you a notice, in the event we do not have a physical address on file for you, we may send notice to you by electronic mail. Fees - The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. No class actions – Zweet and yourself agree that each party may bring claims the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Modifications - Any modifications and changes made by Zweet to this arbitration provision, with the exception of a change made to Zweet’s address, could be subject to rejection from you by sending us a written notice within 30 days of the change, in which case we will immediately terminate your account with us and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive. Enforceability - If any provision of this Section is held to be invalid, then the entirety of this Arbitration Provision shall be null and void. Such invalidity shall not affect the enforceability of any other provisions found in this Agreement and, in such case, the parties agree that the exclusive jurisdiction and venue described in this Agreement shall govern any action arising out of or related to these Terms. Exceptions - Notwithstanding the foregoing, the parties agree that nothing in this Agreement shall be deemed to waive, preclude, or otherwise limit Zweet’s right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims. Governing Law; Venue - This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Quebec, Canada and shall be deemed to be entered into and fully performed in the Province of Quebec, Canada. The parties irrevocably consent to the exclusive jurisdiction of the courts of Quebec with respect to any legal action brought by any party under this Agreement. We operate the Service from our offices in the Province of Quebec, Canada, and we make no representations that the Content and the Services are appropriate or available for use in other locations. Access to the Services from any territory where the content is illegal is prohibited.

 

Miscellaneous.

The Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, are the entire agreement between you and us with respect to your use and access to the Services, including use of the Apps, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure to exercise in any respect any right provided for herein shall not affect Zweet’s right to require performance at any time thereafter, nor be deemed a waiver of any further rights hereunder. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

 

Questions and Comments.

If you have any questions regarding these Terms or your use of the Services, please submit a support request or contact us by email at support@zweet.com.

 


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