General Terms and Conditions for ZZIPI Users
ZZIPI believes it is important that you know exactly what you can expect from us. We also think it is important that you know what we can expect from you. The following general terms and conditions have been drawn up for this. These general terms and conditions apply to all products and services offered by ZZiPi Tech B.V.
General Terms and Conditions for ZZIPI Users
Section 1 – General Terms
If one or more provisions of these terms and conditions are partially or completely null and void or are nullified, the other provisions of these terms and conditions will remain in force and the invalid / nullified provision (s) will be replaced by a provision with the same purport as the original provision. Uncertainties about the content, explanation or situations that are not regulated in these conditions should be assessed and explained in the context of these conditions.
By using the ZZiPi application, User agrees that ZZiPi Tech communicates about the services by means of messaging (including electronic communication).
Section 2 – Privacy, data processing and security
ZZiPi Tech handles the (personal) data of the User with care. Processing of personal data will only take place in the context of the performance of the services of ZZiPi Tech. ZZiPi Tech will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in the Privacy statement of ZZiPi Tech.
Section 3 – Use of the ZZiPi application
- ZZiPi Tech makes every effort to make the ZZiPi application available to the User. All services are performed on the basis of a best efforts obligation. User has access to the application after User has created an account.
- User is at all times responsible for all data and information that he places or has placed on her account and / or the ZZiPi application. If User suspects that the data provided by him is incorrect or incomplete, User will immediately inform ZZiPi Tech and still leave the correct information. User must keep his data up-to-date and can adjust his data in his own account for this purpose.
Section 4 – Obligations when using the Application
- User has an independent responsibility at all times for the use of the ZZiPi application. User is obliged to adhere to the following regulations during the use of the ZZiPi application. User must refrain from using the ZZiPi application:
- to use manual or automated software, equipment or other processes to index or scrape the data used within the ZZiPi application on the internet;
- in a way that involves illegal activities or activities that are contrary to morality or public order;
- copying (parts of) the ZZiPi application from ZZiPi Tech;
- to otherwise harm the interests of ZZiPi Tech.
- Manipulate the ZZiPi application in order, for example, to gain unauthorized access to it or to use it in a way that is contrary to these conditions between ZZiPi Tech and User.
- In the event of (possible) punishable acts, ZZiPi Tech is entitled to report this and to hand over the information provided by User to the competent authorities, as well as to perform all actions that are requested of it in the context of the investigation. ZZiPi Tech has the right to deny User access to the ZZiPi application and / or to terminate the use of the ZZiPi application.
- In addition to the legal obligations, damage caused by incompetence or failure to act in accordance with the above points is at the expense and risk of the User.
- User is responsible for the correct security of the (mobile) device on which he uses the ZZiPi application, as well as for securing and keeping his / her own login details confidential.
- Each User must create an account for access and use of the application.
- The account can be registered with a mobile phone number and a password, unless stated otherwise.
- The User is obliged to provide correct and complete information during the registration of the account and to keep the account up to date at all times.
- The User is responsible for his or her login details and should not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or possible unauthorized use of the account, the User must immediately contact ZZiPi Tech. User is responsible for all activities carried out through his / her own account, unless the User can prove that he / she has not been negligent (failure to report the unauthorized use or loss of login details).
Section 5 – Access
- All information and numbers displayed on the ZZiPi application are subject to spelling or typing errors.
- User ensures that all data, of which ZZiPi Tech indicates that they are necessary or of which User should reasonably understand that they are necessary for access and / or use of the ZZiPi application, are provided to ZZiPi Tech in a timely manner.
- ZZiPi Tech is not liable for damage, of whatever nature, that has arisen because ZZiPi Tech has relied on incorrect and / or incomplete information provided by the User, unless this inaccuracy or incompleteness was known to ZZiPi Tech.
Section 6 – Availability of the Website and Application
ZZiPi Tech does not guarantee that the services will always meet the anticipated expectations. ZZiPi Tech strives to make every effort to offer the ZZiPi application and access to the Website and Application as far as possible, uninterrupted to User, but does not guarantee the full availability of the ZZiPi Website and Application at all times. ZZiPi Tech is entitled if and insofar as in its opinion there is a risk of the error-free functioning of the ZZiPi Website and Application and to suspend the use of the ZZiPi application. ZZiPi Tech is furthermore entitled to take all measures that it reasonably considers necessary to ensure the effective functioning of the ZZiPi Website and Application.
Section 7 – Notice and takedown
If and insofar as there is an infringement of the rights of ZZiPi Tech or third parties and / or unlawful acts by the User, ZZiPi Tech is entitled to immediately close that part of the ZZiPi application or to exclude the User from use. ZZiPi Tech will immediately remove any infringing / harmful information. Under no circumstances is ZZiPi Tech liable for damage of any nature whatsoever, as a result of the (temporary) closure of the service and / or the removal or transmission of data.
Section 8 – Payment
- All rates for using the products / services of ZZIPI Tech B.V. are listed in the app “ZZIPI”. After downloading the mobile application “ZZIPI” in the App Store and / or the Google Play Store, User can register an account. After registering and activating the account, the User can add the desired payment methods to the account. User must accurately submit all directions on the screen. Payment is made by scanning a QR code with a mobile device on one of the ZZiPi power bank devices. User will receive a notification to confirm the request. From the moment the User confirms this, the rental period starts and with it the rental timer. For each started transaction ZZiPi Tech charges € 0.45, –
- User must pay € 1 per hour for the use of the ZZiPi application. The costs for the use of the application are calculated afterwards on the basis of subsequent calculation, rounded to whole hours.
- Costs incurred will be charged according to the agreed payment method between User and ZZiPi Tech.
- If the User does not fulfill its payment obligation and has not fulfilled its obligation within the payment term set by ZZiPi Tech, the User will first receive a written reminder with a period of 14 days after the date of receipt of the reminder to still comply with the payment obligation before it is in default. The aforementioned reminder also contains a statement of the extrajudicial costs and further consequences of the occurrence of the default if it does not comply with its obligation (s) within 14 days.
- From the date that User is in default, ZZiPi Tech will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the decision. compensation for extrajudicial collection costs from 1 July 2012.
- If ZZiPi Tech has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The integral judicial and execution costs incurred are also at the expense of the User.
Section 9 – Limitation of Liability
- User indemnifies ZZiPi Tech from the moment that User first uses the ZZiPi application for all damage, except for intent or gross negligence on the part of ZZiPi Tech.
- ZZiPi Tech is not liable for damage that is or may be the result of (incomplete and / or incorrect) information on the ZZiPi application or that of linked websites or applications.
- If the performance of the service leads to liability of ZZiPi Tech towards User, that liability is limited to the costs charged by ZZiPi Tech in connection with the agreement with regard to direct damage. Direct damage is understood to mean reasonable costs incurred to limit or prevent direct damage, determine the cause of damage, direct damage, liability and the manner of recovery.
- Under no circumstances is ZZiPi Tech is responsible for errors and / or irregularities in the functionality of the ZZiPi application and is not liable for malfunctions or the unavailability of the ZZiPi application for whatever reason or the loss and / or disfigurement. touching the User’s data and information.
- ZZiPi Tech does not guarantee a correct and complete transfer of the content of and e-mail sent by / on behalf of ZZiPi Tech, nor for the timely receipt thereof.
- ZZiPi Tech is not liable for the fact that User has not received the account information, not correctly and / or not on time. ZZiPi Tech is never liable if the User has not stored his login and / or account details in a safe place.
- All claims of User due to shortcomings on the part of ZZiPi Tech lapse if they are not reported to ZZiPi Tech in writing and with reasons within one year. Any claim for compensation against ZZiPi Tech must always be reported in writing, but no later than one year after the User was known or could reasonably have been aware of the facts on which he bases his claims. After this period, such a claim will lapse.
Section 10 – Force majeure
- ZZiPi Tech is not liable if it cannot fulfill its obligations as a result of a force majeure situation, nor can it be held to comply with any obligation, if it is prevented from doing so as a result of a circumstance that is not due to its fault , and is not for his account under the law, a legal act or generally accepted beliefs.
- Force majeure is in any case understood, but is not limited to what is understood in this respect in law and jurisprudence, (i) failure to properly fulfill obligations of suppliers or suppliers, (ii) defectiveness of goods, equipment, software or materials from third parties, (iii) government measures, (iv) power failure, (v) failure of the internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vi) natural disasters, (vii) war and terrorist attacks, ( viii) general transport problems, (ix) strikes in the company of ZZiPi Tech and (x) other situations that, in the opinion of ZZiPi Tech, fall outside its sphere of influence that temporarily or permanently impede the fulfillment of its obligations.
- ZZiPi Tech has the right to invoke force majeure, if the circumstance that prevents (further) fulfillment occurs after ZZiPi Tech should have fulfilled its obligation.
Section 11 – Intellectual property rights
- The User is expressly forbidden to infringe the intellectual property rights of ZZiPi Tech, as well as the good name of ZZiPi Tech. All intellectual property rights and copyrights of the ZZiPi application, including the graphic designs, ideas and the like with regard to the ZZiPi application rest exclusively with ZZiPi Tech and are expressly not transferred to the User.
- The software of the ZZiPi application remains the property of ZZiPi Tech at all times. The software only works in conjunction with the User’s account, and in accordance with the purpose for which the application was developed. The User is prohibited from making, changing or removing any indication in connection with the intellectual property rights of ZZiPi Tech or any legally required (brand) signs, or indications such as the CE marking of the ZZiPi Tech application.
Section 12 – Complaints
- If the User is not satisfied with the services offered via the Website and / or application of ZZiPi Tech, the User is obliged to report these complaints as soon as possible, but no later than 14 days after the relevant cause that led to the complaint. . Complaints can be reported via firstname.lastname@example.org with the subject “Complaint”.
- The complaint must be sufficiently substantiated and / or explained by the User, if ZZiPi Tech wants to be able to handle the complaint and declare it well-founded.
- ZZiPi Tech will respond substantively to the complaint as soon as possible, but no later than 14 days after receipt of the complaint.
Section 13 – Amendments
ZZiPi Tech has the right to adjust these conditions unilaterally. User will be informed of this as soon as possible. In any case, the User can view the changed conditions via the ZZiPi application.
Section 14 – Dispute resolution
- The legal relationship between ZZiPi Tech and User is governed by Dutch law.
- If a provision of these terms and conditions proves to be invalid or non-binding, the Parties will remain bound by the other provisions. The parties will replace the invalid and / or non-binding provision (s) with a binding provision, the scope of which is as much as possible the same as the provision (s) to be replaced, in the context of these terms and conditions.
- All disputes between ZZiPi Tech and User will be settled at the competent court of Zeeland-West-Brabant, location Breda, unless provisions of mandatory law lead to jurisdiction of another court.
Also, check out our Privacy Statement.
Zundert, February 17, 2020.