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General Terms & Conditions

1. INTRODUCTION

1.1 CONTRACT

These terms and conditions outline the rules and regulations for the use of Exdale AG's Website, located at zame.global.

You agree that by registering, accessing or using our Website, you are agreeing to enter into a legally binding Contract with Exdale AG (even if you are using the Website on behalf of a company), and to all of these Terms and Conditions.

Your use of our Website is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

If you do not agree to this Contract, do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this Contract, at any time you can do so by closing your account.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and “US” refers to our Company. "Party" or "Parties" refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Switzerland. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

SERVICES

This Contract applies to zame.global (also referred to as “zame”). Registered users of our Services are “Members” and unregistered users are “Visitors”.

You are entering this Contract with Exdale AG (also referred to as “we” and “us”).

This Contract applies to Members (also referred to as “assistants” and “suppliers”) and Visitors.

1.2 MEMBERS AND VISITORS

When you register and join zame, you become a Member. If you have chosen not to register for our Services, you may access our Website as a “Visitor”.

1.3 CHANGE

We may modify this Contract, our Privacy Policy and our Cookie Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. OBLIGATIONS

2.1 SERVICE ELIGIBILITY

The Services are not for use by anyone under the age of 16.

To use the Services, you agree that: (1) you must be the “Minimum Age” or older; (2) you are not already restricted by Exdale AG from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Exdale AG to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 YOUR ACCOUNT

You will keep your password a secret.

Members are account holders. You agree to use a strong password and keep it confidential. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service.

2.3 PAYMENT

If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your Paid Services. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • We or one of our credit card processors may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  • All of your purchases of Services are subject to Exdale AG’s Refund Policy.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

2.4 COMMISSION-FREE AGREEMENT

Exdale AG may help connect Members offering their services with Members seeking services. Exdale AG does not perform nor employs individuals to perform these services. You must be at least 16 years of age to offer, perform or procure these services. You acknowledge that Exdale AG does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) Exdale AG is not responsible for the offering, performance or procurement of these services, (2) nothing shall create an employment, agency, or joint venture relationship between Exdale AG and any Member offering services.

Exdale AG provides marketing and technology services that will facilitate the booking of services offered by Members, however, Exdale AG will not charge commission for bookings made between their network Members.

2.5 NOTICES AND MESSAGES

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date.

2.6 SHARING

Our Services allow messaging and sharing of information in many ways, such as your profile, group posts and messages. Information and content that you share or post may be seen by other Members or others (including off of the Services). Where we have made settings available, we will honour the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to zame connections, restricting your profile visibility from search engines, or opting not to notify others of your zame profile update).

We are not obligated to publish any information or content on our Service and can remove it with or without notice.

3. RIGHTS AND LIMITS

3.1 YOUR LICENSE TO zame

As between you and Exdale AG, you own the content and information that you submit or post to the Services, and you are only granting Exdale AG the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others.

You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

You and Exdale AG agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to Exdale AG, you agree that Exdale AG can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Exdale AG may be required by law to remove certain information or content in certain countries.

3.2 SERVICE AVAILABILITY

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

We don’t promise to store or keep showing any information and content that you’ve posted. zame.global is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 OTHER CONTENT, SITES AND APPS

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Exdale AG generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

Comments do not reflect the views and opinions of Exdale AG, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Exdale AG shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. Exdale AG reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

3.4 LIMITS

Exdale AG reserves the right to limit your use of the Services, including your ability to contact other Members. Exdale AG reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts).

3.5 INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, Exdale AG and/or its licensors own the intellectual property rights for all material on zame. All intellectual property rights are reserved in the Services.

Trademarks and logos used in connection with the Services are the trademarks of their respective owners. zame logo and other zame trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Exdale AG.

4. DISCLAIMER AND LIMIT OF LIABILITY

4.1 NO WARRANTY

Exdale AG makes no representation or warranty about the Services, including any representation that the Services will be uninterrupted or error-free, and provide the Services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Exdale AG disclaims any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

4.2 EXCLUSION OF LIABILITY

To the fullest extent permitted by law (and unless Exdale AG has entered into a separate written agreement that overrides this Contract), Exdale AG, will not be liable in connection with this Contract for lost profits or lost business opportunities, reputation (e.g. offensive or defamatory statements), loss of data (e.g. down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.

4.3 BASIS OF THE BARGAIN; EXCLUSIONS

The limitations of liability in this Section 4 are part of the basis of the bargain between you and Exdale AG and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Exdale AG has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of Services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

5. TERMINATION

Both you and Exdale AG may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members’ rights to further re-share content and information you shared through the Services;
  • Sections 4, 6, 7, and 8.2 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.

6. GOVERNING LAW AND DISPUTE RESOLUTION

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.

You and Exdale AG agree that claims and disputes can be litigated only in Switzerland and we each agree to personal jurisdiction of the courts located in Zurich, Switzerland.

7. GENERAL TERMS

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between you and us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Contract, that does not mean that Exdale AG has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Exdale AG may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided in Section 12.

8. zame ”DOS AND DON’TS”

8.1 DOS

You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and keep it updated;
  3. Use your real name on your profile; and
  4. Use the Services in a professional manner.

8.2 DON’TS

You agree that you will not:

  1. Create a false identity on zame, misrepresent your identity, or use or attempt to use another’s account;
  2. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
  4. Disclose information that you do not have the consent to disclose (such as confidential information of others including your employer);
  5. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  6. Violate the intellectual property or other rights of Exdale AG, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; (ii) using the word “zame” or our logos in any business name, email, or URL.
  7. Post anything that contains software viruses, worms, or any other harmful code;
  8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  9. Imply or state that you are affiliated with or endorsed by Exdale AG without our express consent (e.g., representing yourself as an Exdale AG employee);
  10. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Exdale AG’s consent;
  11. Deep-link to our Services for any purpose other than to promote your business on our Services, without Exdale AG’s consent;
  12. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  13. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  14. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  15. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services);
  16. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

9. HYPERLINKING TO OUR CONTENT

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; and (c) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Exdale AG. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of zame logo or other artwork will be allowed for linking absent a trademark license agreement.

9.1 iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

9.2 Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

9.3 Your Privacy

Please read Privacy Policy

9.4 Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

9.5 Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

10. COMPLAINTS REGARDING CONTENT

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.

11. COOKIES

We employ the use of cookies. By accessing zame, you agreed to use cookies in agreement with the Exdale AG's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

11.1 Your Choices

You have choices on how zame uses cookies. Please note that if you limit the ability of zame to use cookies, you may worsen your overall user experience, since it may no longer be as personalized to you. It may also stop you from saving customized settings like login information.

11.2 Targeted Advertising

You have choices regarding the use of your personal data for targeted advertising. Some mobile device operating systems such as Android and iOS provide the ability to control the use of mobile advertising IDs for ads personalization. You can learn how to use these controls by visiting the manufacturer’s website for both Android and iOS.

11.3 Browser Controls

Most browsers allow you to control cookies through their settings, which may be adapted to reflect your consent to the use of cookies. Further, most browsers also enable you to review and erase cookies, including zame cookies. To learn more about browser controls, please consult the documentation that your browser manufacturer provides.

11.4 Manage Cookie Preferences

Where required, we enable you to reject the use of certain cookies for purposes such as advertising and analytics and research, by visiting your cookie settings, without affecting the lawfulness of processing based on your consent before its withdrawal.

For more general information on cookies, please read "What Are Cookies" from Cookie Consent.

12. HOW TO CONTACT US

For general inquiries, you may contact us online. For legal notices or service of process, you may write us at the address of

Exdale AG

Punt 12

8185 Winkel/Zurich

Switzerland

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