Zangze Group AG (“ZANGZE”), provides offered services under this Agreement (“Agreement”) on the basis of the following Terms and Conditions (“T&C”) which shall be automatically applied to all users.
ZANGZE provides user access to a great number of on-line resources, the scope of which and/or volume is always published on the ZANGZE home page. If provided, user may also use benefits and discounts of ZANGZE partner companies. Unless differently stated, all offers that present current services, extensions, or improvements, including new service provisions, are subject to the provisions of these T & C. The services are provided in the form that ZANGZE considers good and it reserves its rights to availability. ZANGZE shall not be liable for any possible violation, deletion, incorrect transfer, or memory disorder during communication between users or anyone regarding personally formed fields. In order to use services, user must provide relevant access to World Wide Web by themselves, as well as for all technical devices necessary for access, and must bear all costs related to this.
In order to use services, users represent that they are willing to provide true, correct, and complete personal data in accordance with application form requirements, as well as to update these registration data to remain true, correct, actual, and complete. If any required data are not true, incorrect, expired, or incomplete, or if ZANGZE shall have reason to assume that such information is untrue, incorrect, expired, or incomplete, ZANGZE shall have the right to delete user account temporarily or permanently, and to cancel it regarding the use of any and all services immediately or in the future, without any liability of charge payment, even if this anticipation of ZANGZE is not true. Users further represent to ZANGZE that all content provided for ZANGZE services is solely owned by and provided by each user personally (or with the express authority of the company a user represents), and does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights), and is not defamatory, libellous, unlawful or otherwise unacceptable. Users shall not provide, promote, distribute, place or otherwise publish any content, or user-website that includes content, which is libellous, defamatory, abusive, fraudulent or violates any law. Since ZANGZE may not review all information provided by any user, all users shall remain solely responsible for their content and website.
The ZANGZE Website is an Internet Portal that provides the possibility for users, at their sole discretion, to (amongst other things) sell and purchase products [collectively, “The Service(s)”], provided that The Service is not against any known existing written law or any other of the T&C stated herein. ZANGZE ONLY provides the operation of the Internet Portal (including the dissemination and awareness of the Portal through advertising and other appropriate measures), and ZANGZE’s obligations are strictly limited to the contractual obligations stated in the T&C herein between individual users and ZANGZE. ZANGZE RESERVES THE RIGHT, AT THEIR SOLE DISCRETION, TO DEEM ANY ZANGZE USER WEBSITE INAPPROPRIATE AND TERMINATE THE SITE ACCORDINGLY. If a user is terminated from the The Service, ZANGZE has the right to withhold any monies such user has earned within The Service, or monies that a user may owe to ZANGZE as a result of The Service, and such terminated user will not be allowed to re-join ZANGZE without settlement of all outstanding issues to ZANGZE’s satisfaction.
After full registration is completed, each user receives a password and user name. User shall insure that their password and user name are not available to any third party. Each user shall be responsible for maintaining the confidentiality of their username and password and is responsible for all usage and activity on their account, including any use of the account by any third party they choose, at their sole discretion, to authorize to use said account. Any fraudulent, abusive or otherwise illegal activity regarding any user account by any party (including, but not limited to, the user) may be grounds for immediate termination by ZANGZE and referral by ZANGZE to appropriate and applicable law enforcement agencies.
User explicitly recognizes that they, as a holder of their particular user name, shall be fully responsible for all activities performed through their user name, and they hereby agree and acknowledge that they are fully responsible for all such activities.
The responsibility for all information, data, texts, software, music, sounds, photographs, graphics, video recordings, notices, or material “contents”, publicly presented or privately transmitted, is exclusively born by the person from whom such contents has originated. This means that user, and NOT ZANGZE, shall bear full responsibility for ALL contents entered, published, sent by e-mail, or sent to-or-within The Services in any other way. In principle, ZANGZE shall NOT control the contents forwarded through The Services, and therefore it shall NOT assume any responsibility for the correctness, appropriateness, and quality of such contents. ZANGZE shall NOT be held responsible for the contents, but this shall be the responsibility of user, especially regarding mistakes, incorrectness, or incompleteness regarding the contents, or losses and damages that occur during contents use, which has been published, sent by e-mail, or sent to-or-within The Services in any other way. The user shall NOT be allowed ANY of the following:
a) to publish data, texts, pictures, databases, connections, software, or other contents that are illegal, harmful, threatening, subject to fraud, burdening, calumnious, vulgar, obscene, promoting hatred, or which may be otherwise racist in any other way;
b) to, in any way, be harmful for under-aged persons;
c) to be presented as some other person within The Services (i.e., as a ZANGZE agent or other ZANGZE responsible person in any capacity, or, to state a non-existing relationship with any such person);
d) to forge headers or to manipulate, in any other way, trade marks or any other data which hides/distorts the true origin of any contents transmitted to-or-within The Services;
e) to enter, publish, send by e-mail, or transmit in any other way, contents for reproduction of which user is not authorised (i.e., on the basis of secrecy, etc.);
f) to enter, publish, send by e-mail, or transmit in any other way, contents violating the rights of third parties, especially patents, trade marks, copy rights, business secrets, or other property rights;
g) to harvest or otherwise collect information about other users, including email addresses, without their consent, or to use transaction data (in particular received e-mails) outside of the transaction for advertising, solicitation, etc. Furthermore, each user hereby represents warrants and agrees to provide ZANGZE with true, accurate, current and complete information that they desire to be displayed on The Service and maintain and promptly amend all information to keep it true, accurate, current and complete. Each user hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to ZANGZE to display and use all information provided by such user in accordance with the purposes set forth in these T&C. Users are solely responsible for all of the terms and conditions of product sales transactions conducted on, through, or as a result of use of The Service, including without limitation, product sales terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. The user agrees and acknowledges that the stated price of any product listed for sale by a user is understood to be the product-end-price, and that if appropriate, the user is SOLELY RESPONSIBLE for stating (and insuring) a separate listing-and-definition of any applicable VAT and/or shipping and transportation costs regarding the product. The user is further obligated to ensure that all products and promotions must be fully compliant with their respective country's laws and with Swiss federal laws.
User acknowledges that ZANGZE and all employees or other business partners of ZANGZE, shall be released and protected from any claim or requirement set by any third parties because of or-due-to the contents entered, published, or transmitted by user within The Services, or resulting from a violation by the user of these T&C. This includes the reasonable direct time charges and direct and indirect out-of-pocket costs of ZANGZE’s attorneys (and any other possibly damaged parties) in response to such claim or requirement set by any third parties.
User may NOT copy, duplicate, imitate, sell, resell, or use for commercial purposes any portions of The Services or their parts, their use, or access to The Service, unless they are explicitly permitted in-writing by ZANGZE to do so. NO verbal promises whatsoever from ZANGZE to any user in this regard are either given, or, may be construed or interpreted.
User agrees and acknowledges that ZANGZE has the right, at its’ sole discretion, to determine all general terms and limitations relating to the T&C for The Services, and especially in regard to (a) the maximum number of days during which messages sent by e-mail may be retained within The Services, as well as information on notice boards, or other entered contents, (b) the maximum number of sent and received e-mail messages through any application within The Services, (c) the maximum sizes of a message within e-mail that may be sent or received through any application, (d) the maximum sizes of space on hard disk provided to user within ZANGZE servers, (e) the maximum number of visits within The Services during any particular time period (and maximum visit duration), and (f) the maximum number of SMSs per day and/or month. User acknowledges that they agree that ZANGZE shall not bear any responsibility or material liability for data deletion or retention regarding information, any communication, or other contents entered or transmitted within The Services. User acknowledges and agrees that ZANGZE shall reserve its’ right to delete applications not used during any time period that ZANGZE chooses, and further acknowledges and agrees that ZANGZE reserves its’ right to modify such terms and conditions and limitations at its sole discretion at any moment, with or without any notice whatsoever to the user.
ZANGZE reserves the right, at any moment at its’ sole discretion, to modify all or any individual aspect of The Services temporarily or permanently, with or without any notice for user thereof, or to terminate or cancel them. User acknowledges and agrees that ZANGZE shall not bear any material liability, obligation, or penalty to any user or third party because of modifications, interruptions, or terminations of any or all of The Services.
In case of application termination, ZANGZE may delete memorized data. This is also valid in case a user has not used The Services for any period of time that ZANGZE so chooses, or if ZANGZE assumes that user has violated these T&C or has not observed important basic T&C ideas, even if this assumption has wrongly been made by ZANGZE. User agrees that any termination of their access to The Services may be made according to the provisions of these T&C without previous notice thereof, and that ZANGZE may, without any delay, block or delete, and/or prevent user from any further access to such databases or services, any application and information therein. In addition, user agrees that ZANGZE may not be held materially liable in relation to user or any third party due to termination of The Services.
Communication or business relations with commercial providers or other third parties that are introduced through The Service or that mediate through The Service, and especially payment for goods or service delivery, as well as all regulations, guarantees, or warranties regarding such activities are exclusively the responsibility of users and any such third party. ZANGZE is not responsible or materially liable for damages or losses arising as a result of any such activities.
ZANGZE or third parties may establish links with other external Websites or web pages or sources (collectively, “Locations”). Since ZANGZE has NO possibility of control regarding such Locations, ZANGZE shall not bear any responsibility or material liability regarding the availability of such Locations, and it expressly waives any responsibility for the contents accessible on or through such Locations, and it excludes any material liability regarding the same. ZANGZE is NOT responsible, directly or indirectly, for damages and losses that occur or that may occur regarding the use of some such contents or because of confidence in some such contents, or on the basis of the goods or services used through such Locations.
User acknowledges that The Services as well as any necessary software used regarding The Services (“Software”), are subject to the exclusive reserved rights of ZANGZE, and contain confidential information of ZANGZE protected by legal regulations, especially those regarding intellectual property protection.
ZANGZE shall not bear any material liability or responsibility for user or other third parties’ behaviour or for the statements given by users or other third parties within The Services. ZANGZE shall not bear any material liability for the damages that occur during use or the lack of The Service use. Especially, ZANGZE shall not be held materially liable for the costs of replacement or the costs incurred regarding possibly procured goods or services, obtained information, or other transactions, or because of service access or the change of input or data otherwise originated regarding The Services. ZANGZE shall not be held materially liable either by user or other third parties for damages that occur due to interruption, temporary interruption, or service termination. ZANGZE explicitly indicates that The Services, under particular circumstances NOT under its’ control, may contain content that is or may be harmful for children and/or youth, for which ZANGZE shall be not held responsible. Also, ZANGZE shall not bear any material liability for the damages that occur through access to such or other contents. Material liability of ZANGZE, if it exists regardless of above provisions under any legal basis, shall be limited, in any case, to the damages caused by proved intended premeditated behaviour by ZANGZE. For all other damages, material liability is in every case excluded, especially for indirect and/or direct damages and typical and untypical resulting damages.
Notices shall be sent by ZANGZE by e-mail or by publishing appropriate and relevant notices or links within The Services.
a) The application for ZANGZE, the purchase of goods in the online marketplace, or the purchase of products and services is basically free.
b) Upon the final purchase or service contract is at no sales charge for the seller and buyer.
c) ZANGZE obliged to send an invoice for the seller to the buyer in the online marketplace, according to an order. The Buyer waives a written statement and clearly gave his consent for the shipment or delivery via e-mail or PDF file. Furthermore, the account balance can be viewed online. Any reminders are carried out by the seller in its own interest.
The supply, sale or purchase of any of the following products or services (“Services”) are strictly prohibited in the ZANGZE Marketplace, and these include :
a) The supply, distribution, advertising or other placing on the market of Services that violate Trademark rights, Copyrights, Performance right, and/or Commercial rights (Brands, Patents, Usage and Design) ;
b) Services, which are in contradiction to any democratic constitution or applicable law ;
c) Pornographic or Paedophile Services ;
d) Arms and ammunition ;
e) Tobacco or other taxable goods, where a law or other governmental control requires the sale at a certain price or under certain other restrictions ;
f) Radioactive or biological poisons, explosives, or other health-endangering chemicals.
g) Services involving live animals, or products, preparations, or plants that are protected species by law ;
h) Human organs, limbs, or other human parts, or Services pertaining thereto ;
i) The sales of Stock shares or other securities, Money-Market and Finance instruments, Loans or other financing Services ;
j) Judicial or extrajudicial titles, demands, or accrued benefits ;
k) Free of charge coupons, samples or similar ;
l) Narcotics ;
m) Services in the medical field ;
n) Land and property rights ;
o) ZANGZE is authorized, at its’ sole discretion, to fully or partly delete sales offers for any product(s) or Services that it reasonably suspects are in violation of any Law or any other provision of the T & C.
Registered users will be rewarded by their ZANGZE activities in the form of points. The exact score for each activity can be found on the website of the users' Plan & Prices ". At the end of each calendar year are 20.00% of net profits Zangze Group AG through all points awarded during the past calendar year, divided pro-rata basis and credited on the user ZANGZE account.
An evaluation portal will facilitate the assessment of a buyer. Each user is prompted after completing an online market place order; submit a review, to allow the community to assess the reliability of a seller. ZANGZE assumes no responsibility for the accuracy of reviews. ZANGZE does not guarantee the accuracy of cast votes. Provisions for ratings are as follows:
a) For the supply of reviews, each Buyer is morally obligated to make ratings which are based on truth and objectivity and does not threaten the rights of other Buyers and/or Sellers.
b) It is prohibited to take any action that may undermine the feedback or ratings systems on ZANGZE, such as:
- Rating your own Person or product ;
- Political, social or other statements which are not in the context of the transaction or trade partners,
- Advertisement in your own or third party matter,
c) In violation of the listed Principles in this section, ZANGZE is entitled to delete such rating wholly or partly.
d) In recognition of certain Rating status, ZANGZE may grant various awards or public notice in order to identify reliability status qualification. ZANGZE does not take responsibility, liability, or claims for such ratings. There is also no claim to the grant of awards.
e) Using or posting of ratings, guarantees or other symbols of third parties on one’s personal Websites within ZANGZE, which can be deceptive to other users, is prohibited without the express written permission of ZANGZE.
This Agreement is temporary and can be changed by ZANGZE at any time.
A user may cancel their membership with ZANGZE at any time by simply sending an E-mail notification to ZANGZE.
ZANGZE observes third party intellectual property and requires all users to do the same.
The protection of user personal data is of the highest importance to ZANGZE. ZANGZE has made its own data protection statement, which presents in detail how, why, and when user data are used, registered, transferred, and/or further used, and how user may prevent this besides using ZANGZE´s offer. User acknowledges that they have read and understand this data protection statement.
ZANGZE shall ensure to protect data from unauthorised access, loss, misuse, or destruction. With this aim, all data on user´s computer should be protected by user’s password. In some specifically sensitive fields, ZANGZE uses SSL coding techniques regarding data transfer. As to data protection, temporary backup of taken data is always made to avoid computer malfunctioning or service error.
ZANGZE shall reserve right to amend or supplement the T&C in the future. As to possible amendments and supplements to these T&C, notice shall always be given by ZANGZE accordingly. Amended or supplemented T&C shall be applied with immediate effect.
ZANGZE´s failure to use or effect any right or any T&C provisions is not, and shall not be interpreted as, a waiver of any nature whatsoever of any ZANGZE right or T&C provision.
The T&C and The Services offered by ZANGZE are governed by Swiss legislation and Swiss law, and any disputes whatsoever regarding them shall be resolved in accordance with the jurisdiction of applicable courts in Switzerland.
Zangze Community