Terms of Use

These Terms of Use ("Terms") govern your rights and obligations regarding the use of Z Basket's Software ("Software") and service (both collectively referred to as the "Service"). These Terms constitute a fully binding agreement between Z Basket OƜ ("Z Basket" or "We") the proprietor of all rights in and to the Service, and you (also "User"). It is therefore recommended that you carefully read these Terms.

You may contact us concerning any question about the Service, through the channels listed on the Site (web address: https://zbasket.eu). We will make our best efforts to address your inquiry promptly.

By using the Service of Z Basket, you signify your assent to these Terms; and Z Basket's privacy policy ("Privacy Policy"), all of which are an integral part of these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

Key Points

The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Z Basket.

Retailers' information prevails. The information provided by the Service is not intended to replace the information provided directly by the retailers, such as product descriptions, prices of the products, contact information of retailers, open hours of the shops, etc.

Using camera of the device. Some features of the Service require us to collect images and other information from your device's camera.

Z Basket uses the camera to collect other information of the image without sending photos to the Z Basket application. For example you can use your device's camera to scan a barcode of the product to search a product by a barcode.

All information from your device's camera is handled in accordance with the Privacy Policy.

Advertisements. Third party advertisements may appear on the Service from time to time. Z Basket does not endorse these advertisements.

The Internet connection is required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

Payments. You can pay for the products using payment methods in the Software. Z Basket collects all payments from you on behalf of the Partner and uses third party payment processing providers to process payments.

Privacy. Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Z Basket as detailed in our Privacy Policy at dprivacypolicy.html. The Privacy Policy explains our practices pertaining to the use of Your personal information and we ask that You read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Z Basket, subject to this section, the Privacy Policy and any applicable laws and regulation.

The License

Z Basket Service. Z Basket hereby grants you a non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.

What is the Service

The Service is a mobile application that helps users to make everyday shopping more comfortable. It allows users to use their phone for the whole shopping process, including adding products to their shopping cart and paying for the products. The Service is provided mainly through the Software.

Z Basket have signed a partner agreement with a retail company ("Partner") and who offers its products through the Z Basket Service. Z Basket acts as an intermediary between you and the Partners and provides a platform on which you can purchase products from the Partner.

You must identify the Partner where you want to use the Service by scanning a unique QR code of the Partner, or via other identification method available, using the Software ("Partner Identification").

The Partners provide the information about their products and services in the Service, including information on product name and product prices. When selecting the Partner's products and services that you wish to purchase from the Partner, you make a binding order to purchase the products and services from the Partner on the terms and conditions presented to you in the Service before placing the order ("the Order"). After receiving the Order, Z Basket will transmit the details of the Order to the Partner and you and the Partner enter into a legally binding agreement for the purchase of the Partner's products and services ordered by you on the Order ("the Purchase Agreement"). Z Basket will provide you with an order confirmation and receipt on behalf of the Partner.

The Partner is solely liable for any defects in the contents and preparation of the Order or other shortcomings in the performance of the Purchase Agreement. If you have discovered shortcomings in the performance of the Purchase Agreement, you must submit any complaints to Z Basket or the Partner without delay, with clear descriptions of said shortcomings.

After you have placed the Order, you cannot cancel it. You cannot withdraw or cancel an Order for products once you have placed it. Prior to placing an Order you should carefully review your selection.

Using the Service

You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Z Basket. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

You may not copy, print, save or otherwise use data from the Site or the Service's database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service's database for any purpose without the express prior written permission of Z Basket.

The Software may not be used in any way that is not expressly permitted by these Terms.

Use Restrictions

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Z Basket's sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person : (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Z Basket's prior written consent; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site; (ix) frame or mirror any part of the Service and/or Site without Z Basket's prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site; (xi) forward any data generated from the Service and/or Site without the prior written consent of Z Basket; (xii) transfer or assign your Service accounts' password, even temporarily, to a third party; (xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without Z Basket's express prior written consent; or (xv) infringe or violate any of these Terms.

User accounts

In order to use the the Service, you must create a user account by following the registration instructions in the Service. During creation of the user account, your mobile number is linked to the respective user account and added to the database. The Service credentials are personal. You shall ensure that any user account credentials and equivalent information required to access your account are kept confidential and used in a secure manner not accessible by third parties. You can have only one user account.

Where it is suspected that any unauthorized person has become aware of your User Account credentials or has access to your account, you shall immediately inform Z Basket thereof. You shall be responsible for any use of the Service and any activity under your user account.

In order to use the Services, you must submit valid credit card or other payment method information to Z Basket.

Payments

You can pay for the products sold via the Service with a credit card payment, which requires the prior activation of the credit card data within the Software and acceptance of Z Basket Terms. You must keep your credit card and other payment information that you have submitted to your user account updated.

You agree to pay for all purchases arising from your use of the Services. You will pay the purchase price set out in the Order by using the payment functionality of the Service. You may fulfill this payment obligation only by using the online payment methods provided in the Service. Z Basket is entitled to make an authorization hold on behalf of the Partner on your credit card once the Partner Identification has been done through the Service.

Z Basket collects all payments from you on behalf of the Partner. When making a payment, the receiver of the payment is Z Basket, who forwards the received payment to the Partner. Your payment obligation shall arise upon placing an Order through the Service.

When making credit card payments, a service fee is added per each Order. The named service fee includes payment commission fees, incl. Visa / MasterCard service fees. The amount of the service fee is displayed in the Software. In the event that the payment intermediary enacts a fee for the usage of the payment service, which has to be paid by the customers separately, then the named fees are not included in the Z Basket credit card payment fee.

Z Basket shall be responsible for the functioning of credit card payments and offers card owners support in solving problems. The resolution of credit card payment related disputes also takes place through Z Basket. The contact for Z Basket credit card payment support service is: support@zbasket.eu ā€“ Inquiries submitted by e-mail shall receive a response within one business day. Z Basket shall resolve all credit card payment related complaints and applications within five business days.

When offering credit card payments, Z Basket acts as the economic agent of the Partners by intermediating payments made in the Software. Your obligation in front of the Partner shall be considered fulfilled as of the moment when the Order is made for the payment of funds into the Z Basket bank account. Z Basket shall not be responsible for the exercise of your payment order.

Termination of use of the Service

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Z Basket of such termination. However, if you would also like for Z Basket to delete your Z Basket account and your personal information contained in the account, please contact Z Basket. On receiving such a request, Z Basket will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time.

Z Basket retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Z Basket deems appropriate, at its sole and absolute discretion.

Copyright

All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets ā€“ are either the exclusive property of Z Basket or its affiliates or are exclusively licensed to Z Basket. The Service is protected by applicable copyright provisions prescribed by any law in Estonia and elsewhere.

"Z Basket", the Z Basket logo, and other trade and/or service marks are the property of Z Basket or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Z Basket.

The design, trade dress, and the look and feel of the Site and the Service are protected works under applicable copyright laws and Z Basket and its affiliates retain all intellectual property rights in them. You may not copy or print more than one copy of any data or material appearing on the Site.

Z Basket may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Z Basket's rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Z Basket to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

Limitation of Liability and Warranty

Z BASKET PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Service.

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED BY THE RETAILERS. IN THE EVENT THAT THE INFORMATION PRESENTED BY THE RETAILERS INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.

Z Basket exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Z Basket's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Z Basket or any of its providers.

Z BASKET, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

Links and Commercial Information in the Software

The Service may include commercial information or advertisements (for example, commercial offers, coupons, etc. ("Ads"). The Ads may pop up or be displayed on the Service from time to time. Z Basket may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Z Basket cannot and does not guarantee the reliability or accuracy of third party Ads. Z Basket does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Z Basket will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.

It is underscored that the advertising of commercial content by Z Basket does not constitute a recommendation or encouragement to procure the goods or services advertised.

Insofar as the Software includes links to services or applications not operated or managed by Z Basket, Z Basket will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Z Basket will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.

Breach and Indemnity

Without derogating from any applicable law, you agree to indemnify and hold harmless Z Basket and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Z Basket, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

Privacy

Z Basket respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software is readily accessible at dprivacypolicy.html and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

Modifications of the Service and Software

Z Basket may, either partially or in its entirety and without being obligated to provide prior notice ā€“ modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Z Basket for applying such changes or for failures incidental to such changes.

Termination of Service

Z Basket may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

Modification of these Terms

Z Basket may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service's home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

Governing Law and Jurisdiction

These Terms, the Software and the Service will be governed solely by the laws of the Republic of Estonia,thout giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in Estonia.

Limitations

Should you desire to file any cause of action against Z Basket, arising out of or related to the Z Basket Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

Assignment of Rights

You may not assign or transfer your rights in and to the Service, without the prior written consent of Z Basket. Z Basket may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Z Basket's obligations to you under these Terms.

Complete Terms

These Terms, together with the policy that is an integral part of these Terms, namely the Privacy Policy, shall all constitute the entire and complete agreement between you and Z Basket concerning the Z Basket Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.

No Legal Relationship

These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Z Basket Service, its contents and any other data.

Last modified: April 17, 2018