ZimiHome Global Terms of Service
These Terms of Service constitute a legally binding agreement between you and Goldstar East PTE ltd. (“ZimiHome”) governing your use of the ZimiHome Platform. ZimiHome’s website www.zimihome.com (the “Site”), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “ZimiHome Platform.”
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE ZIMIHOME PLATFORM.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE ZIMIHOME PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
Your use of the ZimiHome Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.
A few highlights of these Terms of Service include:
- You must be at least the legally required age in the jurisdiction in which you reside (18 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the ZimiHome Platform (Section 2).
- Your agreement that the technology for the ZimiHome Platform is provided “as is” and without warranty (Section 17).
- Your agreement that ZimiHome provides no warranty and has no liability regarding User action on the ZimiHome Platform or the performance of Tasks (Section 17).
- Your acknowledgment and agreement that ZimiHome does not supervise, scope, direct, control, or monitor a Service Provider’s work and the jobs performed (Section 1).
- Your acknowledgement and agreement that Clients are solely responsible for determining if the Service Provider they hire is qualified to perform the job (Sections 1 and 23).
- Your acknowledgement and agreement that Service Providers are independent contractors of Clients and not employees, independent contractors or service providers of ZimiHome (Section 1).
- Your agreement to hold harmless and indemnify ZimiHome from claims due to your use or inability to use the ZimiHome Platform or content submitted from your account to the ZimiHome Platform (Section 18).
- For U.S. Users, your agreement to arbitrate disputes with ZimiHome on an individual basis to the fullest extent permitted by applicable law, with other jurisdiction-specific means of dispute resolution set forth for Canadian, United Kingdom, and European Users, all in Section 28.
- The ZimiHome Platform Connects Service Providers and Clients
The ZimiHome Platform is a web-based communications platform which enables connections between Clients and Service Providers. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Services”) from Service Providers and are therefore clients of Service Providers, and “Service providers” are individuals or businesses seeking to perform Services for Clients. Clients and Service Providers together are hereinafter referred to as “Users.” If you agree on the terms of a Service with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF ZIMIHOME. ZIMIHOME DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, ZIMIHOME OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS WHO WISH TO PERFORM A VARIETY OF SERVICES.
USERS HEREBY ACKNOWLEDGE THAT ZIMIHOME DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the ZimiHome Platform to a Service Provider being licensed or credentialed in some manner, or “badged,” “reliable,” “reliability rate,” “elite,” “great value,” “background checked,” “vetted” (or similar language) designations indicates only that the Service Provider has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by ZimiHome of such Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they contact or interact with via the ZimiHome Platform.
The ZimiHome Platform enables connections between Users for the fulfillment of Services. ZimiHome is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. ZimiHome makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or Services provided by, or the communications of or between, Users identified through the ZimiHome Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
- User Background Checks and User Representations and Warranties
User Background Checks
Users may be subject to a review process before they can register for and during their use of the ZimiHome Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although ZimiHome may perform Background Checks, ZimiHome cannot confirm that each User is who they claim to be, and ZimiHome cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. ZimiHome will not be liable for any false or misleading statements made by Users of the ZimiHome Platform.
NEITHER ZIMIHOME, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ZIMIHOME PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE ZIMIHOME AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ZIMIHOME PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
- You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
- You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or ZimiHome in connection with the ZimiHome Platform without the prior written consent of ZimiHome and/or the relevant User, as applicable;
- You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Service Provider or Client as the case may be, and only utilize the third party payment service provider specified or approved by ZimiHome to make or receive payment for services provided through the ZimiHome Platform (the “PSP”);
- You will act professionally and responsibly in your interactions with other Users;
- You will use your real name or business name and an up-to-date photo on your profile;
- When using or accessing the ZimiHome Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
- You will not use the ZimiHome Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
- Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Other than as fully and promptly disclosed in writing to ZimiHome, you do not have any motivation, status, or interest that ZimiHome may reasonably wish to know about in connection with the ZimiHome Platform, including without limitation, if you are using or will or intend to use the ZimiHome Platform for any journalistic, academic, investigative, or unlawful purpose.
Service Providers additionally represent and warrant that:
- When using the ZimiHome Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
- You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the ZimiHome Platform, and maintain an independent clientele;
- You have the unrestricted right to work in the jurisdiction in which you will be performing Services;
- If the Service is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
- You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering Services and undertaking Services (including but not limited to a state contractor’s license pursuant to California Business and Professions Code section 7000 et seq., if such license is applicable to the Service you are performing);
- You have any and all insurance required to operate your business and provide your services;
- You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Service(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
- You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
- Contract between Clients and Service Providers
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Service. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the ZimiHome Platform, and any other contractual terms accepted by both the Service Provider and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand ZimiHome’s obligations or restrict ZimiHome’s rights under this Agreement. ZimiHome is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between ZimiHome and the Service Provider, nor will it create an employment relationship between the Client and the Service Provider. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of ZimiHome. ZimiHome’s role, beyond enabling connections between Clients and Service Providers via it’s web-based communications platform, is to act as a limited payment collection agent for the Service Provider to facilitate payment for Sevices on behalf of the Service Provider through the ZimiHome Platform using the PSP. In acting as the limited payment collection agent for Services on the ZimiHome Platform, ZimiHome disclaims any other agency or authority to act on behalf of the Service Provider, and assumes no liability or responsibility for any acts or omissions of the Service Provider, either within or outside of the ZimiHome Platform.
Where approved in advance by the Client, the Service Provider is not obligated to personally perform the Service. Service Providers may engage assistants, helpers, subcontractors or other personnel (collectively “Service Provider Assistants”). For safety reasons, such Service Provider Assistants shall have been background checked through the ZimiHome Platform. A Service Provider’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the ZimiHome Platform. The Service Provider assumes full and sole responsibility for the acts and omissions of such Service Provider Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Service Provider Assistants, if any, and for all required and applicable tax withholdings as to such Service Provider Assistants. Clients are responsible for confirming with their Service Provider that any Service Provider Assistants are registered Service Providers on the ZimiHome Platform and Clients understand that they are entering into separate Service Agreements with the Service Provider and each Service Provider Assistant.
While using the ZimiHome Platform, Clients, in their sole discretion, determine whether they will be present or not when a Service is performed. Clients who elect not to be present when a Service is performed agree that if someone other than them books the Service on their behalf or is present when the Service is performed, they are appointing that person as their agent (“Client’s Agent”) and the Service Provider may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If you are a Client’s Agent and accessing and using the ZimiHome Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.
The Client shall pay their Service Provider(s) in full for all Services via the PSP as indicated on the ZimiHome Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Service.
- Billing and Payment
Users of the ZimiHome Platform contract for Services directly with other Users. ZimiHome will not be a party to any contracts for Services. Payment for Services through the ZimiHome Platform is made directly from the Client to the Service Provider via the PSP, and not by ZimiHome. If a Client fails to make a payment, ZimiHome is not obligated to compensate Service Provider.
The Service Payment, service charge, and platform fee must be paid through the PSP. Users of the ZimiHome Platform will be required to provide their payment method details to ZimiHome and the PSP. Clients will be responsible for paying the invoice(s) for each Service, which will include (i) the pricing terms of the Service provided by the Service Provider and agreed upon by the parties (“Service Payment”), (ii) any out of pocket expenses agreed upon by the parties and submitted by the Service Provider in connection with the Service, (iii) the service charge ZimiHome assesses to the Client as payable for the use of the ZimiHome Platform, and (iv) the platform fee (sometimes referred to as Trust & Support Fee) ZimiHome assesses to the Client, which is used to offset ZimiHome’s cost of providing Users with customer support, and other various business objectives, or (vi) cancellation fees, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s) and all such tips or gratuities shall go to the Service Provider. Clients may also be charged credit card processing fees equal to 3% of the aggregate expense amount if expenses related to a Service individually, or Services in the aggregate over a 30-day period, exceed $300 / 300£ / 300€, as applicable in your country. Service Providers will be responsible for paying (i) ZimiHome fees, and (ii) cancellation fees, if applicable.
Service Providers will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, agreement with the terms of service of the PSP (the “PSP Services Agreement”), and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Service Provider agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that ZimiHome is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that ZimiHome has no obligations, responsibility or liability to any Service Provider or other party under the PSP Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, ZimiHome and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary depending on the estimated value of the Sevice and expenses.
When Client receives confirmation through the ZimiHome Platform or via email that a Service has been completed, Client automatically authorizes the PSP to process the Invoice(s). Users may be charged a one-hour cancellation fee at the Service Provider’s hourly rate through the PSP if you book (or accept) a service, but cancel it before (or fail to appear upon) the scheduled time for performance.
ZimiHome reserves the right (but not the obligation) upon request from Client or Service Provider, or upon notice of any potential fraud, unauthorized charges or other misuse of the ZimiHome Platform, to (i) place on hold any Service Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.
Users of the ZimiHome Platform will be liable for any taxes (including VAT, if applicable in the country where the Service is performed) required to be paid on the Setvices provided under the Agreement.
- Contests, Gift Cards, and Promotional Codes
ZimiHome may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of ZimiHome, and can be implemented, modified, or removed at any time by ZimiHome without advance notification. The liability of ZimiHome and Affiliates, as well as any of ZimiHome’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.
ZimiHome gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Service Payments and ZimiHome service charge and platform fee in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with a Service provided through the ZimiHome Platform.
- Public Areas; Acceptable Use
The ZimiHome Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, task postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the ZimiHome Platform, you should not share your personal contact information with other Users.
Without limitation, the ZimiHome Platform may not be used for any of the following purposes:
- To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and ZimiHome staff;
- To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or ZimiHome;
- To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage ZimiHome or its Users’ computers;
- To advertise or offer to sell any goods or services for any commercial purpose through the ZimiHome Platform which are not relevant to the Services;
- To conduct or forward surveys, contests, pyramid schemes, or chain letters;
- To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
While using the ZimiHome Platform, you may not:
- Use the ZimiHome Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Service in violation of local, state, provincial, national, or international law;
- Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- Post the same Service repeatedly (“Spamming”);
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the ZimiHome Platform;
- Restrict or inhibit any other User from using and enjoying the Public Areas;
- Imply or state that any statements you make (whether on or off the ZimiHome Platform) are endorsed by ZimiHome, without the prior written consent of ZimiHome;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the ZimiHome Platform, or the electronic addresses or personal information of others, in any manner;
- Frame or utilize framing techniques to enclose the ZimiHome Platform or any portion thereof;
- Hack or interfere with the ZimiHome Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate the ZimiHome Platform for your own personal or commercial use;
- Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by ZimiHome and Affiliates;
- Upload content to the ZimiHome Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
- Use the ZimiHome Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the ZimiHome Platform as set forth herein;
- Use the ZimiHome Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
- Use the ZimiHome Platform or Services in violation of this Agreement;
- Use the ZimiHome Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining ZimiHome’s trade secret information for public disclosure or other purposes;
- Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the ZimiHome Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
- Cause any third party to engage in the restricted activities above; or
- Use tools with the goal of masking your IP address (like the TOR network).
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. ZimiHome will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
- Mobile App Updates and Upgrades
- Deactivation and Suspension
ZimiHome may suspend your right to use the ZimiHome Platform pending its investigation of a potential breach by you of this Agreement. ZimiHome may deactivate your account or limit your use of the ZimiHome Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). ZimiHome will provide you with written notice of its determination. If you wish to appeal this determination, please contact email@example.com within 14 days of receipt of such notice with the grounds for your appeal.
If ZimiHome suspends or deactivates your account or limits your use of the ZimiHome Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the ZimiHome Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. ZimiHome reserves the right to take appropriate legal action pursuant to the Agreement.
ZimiHome reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the ZimiHome Platform at its sole discretion. ZimiHome will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, ZimiHome shall not be liable to you for any modification or discontinuance of all or any portion of the ZimiHome Platform. ZimiHome has the right to restrict anyone from completing registration as a Service Provider if such person may threaten the safety and integrity of the ZimiHome Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the ZimiHome Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the ZimiHome Platform.
- Account, Password, Security, and Telephone Communications
You must register with ZimiHome and create an account to use the ZimiHome Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by ZimiHome for accessing the ZimiHome Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. ZimiHome has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify ZimiHome immediately.
You acknowledge that telephone calls to or from ZimiHome, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to ZimiHome, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify ZimiHome before the change goes into effect. If the change regards ownership of your telephone numbers, you may notify ZimiHome by texting STOP to any text message sent to the retiring phone number.
- User Generated Content
“User Generated Content” is defined as any information and materials you provide to ZimiHome, its corporate partners, or other Users in connection with your registration for and use of the ZimiHome Platform and participation in ZimiHome promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that ZimiHome is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that ZimiHome has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to ZimiHome that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Service is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with ZimiHome or otherwise purport to act as a representative or agent of ZimiHome; and (i) will not create liability for ZimiHome or cause ZimiHome to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The ZimiHome Platform hosts User Generated Content relating to reviews and ratings of specific Service Providers (“Feedback”). Feedback is such User’s opinion and not the opinion of ZimiHome, and has not been verified or approved by ZimiHome. You agree that ZimiHome is not responsible or liable for any Feedback or other User Generated Content. ZimiHome encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. ZimiHome is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this Agreement by contacting the Support team at firstname.lastname@example.org. Each Client should undertake their own research to be satisfied that a specific Service Provider has the right qualifications for a Service.
ZimiHome respects the personal and other rights of others, and expects Users to do the same. ZimiHome is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the ZimiHome Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify ZimiHome. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify the ZimiHome at email@example.com.
- Links to Third-Party Websites
The ZimiHome Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by ZimiHome or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the ZimiHome Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. ZimiHome does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that ZimiHome is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that ZimiHome has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the ZimiHome Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. ZimiHome expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the ZimiHome Platform. You hereby agree to hold ZimiHome harmless from any liability that may result from the use of links that may appear on the ZimiHome Platform.
As part of the functionality of the ZimiHome Platform, you may link your account with online accounts you may have with third party social networking service providers (such as Facebook or Google) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the ZimiHome Platform; or (ii) allowing ZimiHome to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to ZimiHome and/or grant ZimiHome access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating ZimiHome to pay any fees or making ZimiHome subject to any usage limitations imposed by such third-party service providers. By granting ZimiHome access to any Third-Party Accounts, you understand that (i) ZimiHome may access, make available and store (if applicable) your public profile that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the ZimiHome Platform via your ZimiHome account, including without limitation any friend lists, and (ii) ZimiHome may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all SNS Content shall constitute User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or personal data that you post to your Third-Party Accounts may be available on and through your account on the ZimiHome Platform. Please note that if a Third-Party Account or associated service becomes unavailable or ZimiHome’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the ZimiHome Platform. You will have the ability to disable the connection between your account on the ZimiHome Platform and your Third-Party Accounts at any time, by revoking permissions in the account settings of your Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. ZimiHome makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and ZimiHome is not responsible for any SNS Content.
- ZimiHome Operates as an Online Marketplace
ZimiHome operates as an online marketplace that connects Clients with Service Providers who wish to perform a variety of Services. ZimiHome does not perform Services and does not employ people to perform Services. Service Providers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the ZimiHome Platform. ZimiHome does not control or direct the Service Providers’ performance of their services or set their work locations or work hours. Service Providers provide services under their own name or business name, and not under ZimiHome’s name. Service Providers provide their own tools and supplies to perform their Services; ZimiHome does not provide the tools or supplies. Service Providers are free to maintain a clientele without any restrictions from ZimiHome and are free to offer and provide their services elsewhere, including through competing platforms. ZimiHome does not set Service Providers’ hours or terms of work. Service Providers are free to accept or reject Clients and contracts. Service Providers are not penalized for rejecting Clients or contracts, though if Service Providers accept a Client or contract through the ZimiHome Platform, they are expected to fulfill their contractual obligations and if they cancel the Service they have already accepted, ZimiHome will charge them with a cancelation fee. For almost all of the services, Service Providers set their own rates for services performed in the ZimiHome general marketplace.
The ZimiHome Platform is not an employment agency service or business and ZimiHome is not an employer of any User. Service Providers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
- Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including ZimiHome designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the ZimiHome Platform is owned by ZimiHome, excluding User Generated Content, which Users hereby grant ZimiHome a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. ZimiHome owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the ZimiHome Platform without ZimiHome’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of ZimiHome, including without limitation ZimiHome, ZimiHome Service Providers, and associated logos, are service marks owned by ZimiHome. Any other trademarks, service marks, logos and/or trade names appearing via the ZimiHome Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
- Copyright Complaints and Copyright Agent
ZimiHome respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the ZimiHome Platform infringe upon your copyright or other intellectual property right, please send the following information to ZimiHome at firstname.lastname@example.org
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the ZimiHome Platform where the material you claim is infringed is visible. Include enough information to allow ZimiHome to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of ZimiHome and agree that you will not, for the lifetime of your account on ZimiHome plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the ZimiHome Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify ZimiHome in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to ZimiHome promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of ZimiHome’s trade secrets, confidential and proprietary information, and all other information and data of ZimiHome that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to ZimiHome or ZimiHome’s business, operations or properties, including information about ZimiHome’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
- Disclaimer of Warranties
Please note that for Users in France, Germany, and Spain, this Section 17 is subject to the jurisdiction-specific exemptions set forth in Section 28.
(a) Use Of The ZimiHome Platform Is Entirely At Your Own Risk
THE TECHNOLOGY OF THE ZIMIHOME PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. ZIMIHOME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE ZIMIHOME PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE ZIMIHOME PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ZIMIHOME PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
ZimiHome does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the ZimiHome Platform or any hyperlinked website or featured in any banner or other advertising, and ZimiHome will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, ZimiHome and Affiliates do not warrant that access to the ZimiHome Platform will be uninterrupted or that the ZimiHome Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the ZimiHome Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Service, information or materials provided through or in connection with the use of the ZimiHome Platform. ZimiHome and Affiliates are not responsible for the conduct, whether online or offline, of any User. ZimiHome and Affiliates do not warrant that the ZimiHome Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. ZimiHome and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature a Client may use to expedite ZimiHome selection, each Client is responsible for determining the Service and selecting their Service Provider and ZimiHome does not warrant any goods or services purchased by a Client and does not recommend any particular Service Provider. ZimiHome does not provide any warranties or guarantees regarding any Service Provider’s ability, professional accreditation, registration or license.
(b) No Liability
You acknowledge and agree that ZimiHome is only willing to provide the ZimiHome Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold ZimiHome and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the ZimiHome Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by ZimiHome and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL ZIMIHOME AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE ZIMIHOME AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY ZIMIHOME, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE ZIMIHOME PLATFORM OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
ZIMIHOME AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS ZIMIHOME PLATFORM. ZIMIHOME AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE ZIMIHOME PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ZIMIHOME AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO ZIMIHOME (IF YOU ARE A CLIENT) OR TOTAL SERVICE PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A SERVICE PROVIDER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless ZimiHome and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the ZimiHome Platform; (ii) your participation in Services, or your ability or inability to perform or obtain the performance of Services or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the ZimiHome Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. ZimiHome reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of ZimiHome.
- Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the ZimiHome Platform, your relationship with ZimiHome, Services, or this Agreement (including previous versions), (“Dispute”), you and ZimiHome agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement (such as mediation if you are a resident of France or Spain), arbitration (if you are a resident of U.S or Canada) or court proceeding (if you are a resident of the U.K., France, or Spain). For users in Germany, please refer to the Jurisdiction-specific provisions. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to ZimiHome. ZimiHome’s address for such notice is: GOLDSTAR EAST PTE LTD, 400 Orchard Rd, 238875Singapore.
PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW. IF YOU ARE A USER IN THE U.S. OR CANADA, IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE U.S. AND CANADA JURISDICTION-SPECIFIC SECTIONS FOR MORE DETAILS).
- App Store Sourced Apps
The following applies to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
You acknowledge and agree that (i) the Agreement is entered into between you and ZimiHome only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) ZimiHome, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between ZimiHome and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ZimiHome, subject at all times to warranty limitations and exclusions set forth in this Agreement.
You and ZimiHome acknowledge that, as between ZimiHome and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
20. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
21. General Provisions
Failure by ZimiHome to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and ZimiHome with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 28A. However, this Agreement does not supersede other agreements about other subject matter that you may have with ZimiHome, such as the IKEA Assembly Category Terms and Conditions. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to U.S. Residents in Section 28A below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) ZimiHome shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace ZimiHome for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 22 shall be null and void. This Agreement will inure to the benefit of ZimiHome, its successors and assigns.
Service Providers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering and undertaking Services. Indeed, certain types of Services may be prohibited altogether, and it is the responsibility of Service providers to avoid such prohibited Services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Services on the ZimiHome Platform, you should first seek appropriate legal guidance.
Because ZimiHome does not supervise, scope, direct, control, or monitor a Service Provider’s work or performance of Services, Clients must determine for themselves whether a Service Provider is qualified to perform the specific Service at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Services are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Service Provider any specific hazards, obstacles, or impediments in the Service location (both visible and concealed) that may impact the performance of the Service.
23. Changes to this Agreement and the ZimiHome Platform
24. No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 20) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
25. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the ZimiHome Platform, please contact us by email at email@example.com
26. Consent to Electronic Signatures
By using the ZimiHome Platform, you agree to transact electronically through the ZimiHome Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
27. Acknowledgement and Consent