IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF ZZUUM’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
1. Access to the Services
The Zzuum.com website and domain name and subdomains, and features, content, or application services (including without limitation any mobile application services) offered from time to time by Zzuum in connection therewith (collectively, the “Website”) are owned and operated by Caliper d.o.o., vl. Filip Lerga. Subject to the terms and conditions of this Agreement, Zzuum may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the Website, any service Zzuum performs for you and the Content (as defined below) offered by Zzuum on the Website. Zzuum may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Zzuum may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Zzuum reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Zzuum does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Zzuum or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
You represent and warrant to Zzuum that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
2. Website and Services Content
The Website, the Services, and their contents are intended solely for the personal, non-commercial use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below))) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Website and the Services are protected by copyright as collective works and/or compilations, pursuant to Croatian copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Zzuum or from the copyright holder identified in such Content’s copyright notice. If you link to the Website, Zzuum may revoke your right to so link at any time, at Zzuum’s sole discretion. Zzuum reserves the right to require prior written consent before linking to the Website.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Zzuum will not be liable for any errors or omissions in any content. You understand that Zzuum cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Zzuum cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Zzuum be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Zzuum’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Zzuum; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Zzuum reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Zzuum is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Zzuum, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Zzuum and to grant Zzuum the rights to use such information in connection with the Services and as otherwise provided herein.
You acknowledge that you shall be solely responsible for your own User Content and the consequences of posting or publishing all of your User Content on the Website. You represent and warrant that: (i) you own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Zzuum to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use thereof as contemplated by the Site and these Terms; (ii) neither the User content nor your posting, uploading, publication, submission or transmittal of the User Content or Zzuum ‘s Use of the User Content (or any portion thereof) on or through the Site and/or the services offered through the Site will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
4. Best Price Guarantee
Zzuum’s intent is always to offer its customers the best price on the market. And Zzuum doesn’t believe in hidden fees or taxes. In most cases, activity providers maintain accurate prices on their Zzuum pages. However, some activity providers fail to communicate updated prices. We’re working hard to help those businesses improve their management practices and leverage technology to streamline such processes. In the meantime, we’ve added Zzuum’s “Best Price Guarantee” badge in the case that we have the most up-to-date information.
If you find the same experience operated by the same activity provider for a lower price 72 hours after your booking submission, please contact our Customer Service team and we will refund you the difference! The lower price must have been available to the general public within 72 hours of your booking submission. The lower price must be for a booking under the same circumstances (e.g. must be for the same date, time, and group size) as your Zzuum booking request. Zzuum reserves the right to verify the lower price. All refund and credit decisions are at the sole discretion of Zzuum.
5. Warranty Disclamer
Zzuum has no special relationship with or fiduciary duty to you. You acknowledge that Zzuum has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Zzuum from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Zzuum makes no representations concerning any content contained in or accessed through the Services, and Zzuum will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Zzuum makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services.
Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Zzuum or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify and hold Zzuum, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
8. Limitation of Liability
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.
9. Tickets, Fees and Payment
9.1 Through the Services, you may purchase from Zzuum vouchers for services (“Vouchers”) offered by local merchants at your destination (“Merchants”). You will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher. In order to use your Voucher, you must appear in person at the applicable Merchant, and present either your Confirmation Number or your printed Voucher. A Merchant may require you to provide photo identification in order to use your Voucher. Neither Zzuum nor Merchant is responsible for lost or stolen Vouchers or Confirmation Numbers. Vouchers are void where prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), Merchant may refuse to accept your Voucher, and no refunds will be granted.
9.3 You may cancel your Voucher by contacting Zzuum customer service within the cancellation window, as described at the time of purchase. Cancellation windows vary. A Voucher cancelled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
9.4 Merchant, not Zzuum, is the seller of the services that are performed pursuant to the Events (and to which Vouchers correspond), and is solely responsible for accepting any Voucher you purchase and providing all such services relating thereto. Please consult with Merchant if you are unhappy with the service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in Euro’s and are subject to change at any time prior to purchase.
9.5 If an Event for which you have purchased a Voucher is cancelled by Merchant, we will notify you prior to the first date on which the applicable Voucher could have been used, and will process a full refund to the credit card you used to purchase such Voucher.
9.6 If you attempt to use a Voucher in accordance with this Agreement and the additional terms applicable to such Voucher and you are unable to do so (due to the fault of Merchant or otherwise), please contact us at email@example.com, and we will try to remedy the situation.
9.7 Although our basic Services are currently free to users, Zzuum reserves the right to require payment of fees for certain or all such Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Zzuum reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
9.8 From time to time, Zzuum offers a “Best Price Guarantee” on the purchase of a Voucher. If, during the period when you see this language (or language that is similar to it or that conveys a similar effect) applied to a Voucher, you find the same Event provided by the same Merchant being offered for a lower purchase price (the difference between the prices, the “Difference”), please notify us immediately, and, upon your providing to us documentation of such lower price that we deem sufficient (in our sole discretion) to verify such price, we will either, at our option and as your sole remedy: (a) if we are still offering the Voucher for purchase, allow you to purchase the Voucher for the lower price demonstrated, or (b) if you have already purchased the lower-priced ticket from another vendor, refund you an amount equal to the Difference. Please note the Best Price Guarantee only applies to the period during which the language is displayed on the Services, and only to the Event to which such language is clearly affixed.
10. Interaction with Third Parties
10.2 Your interactions with organizations and/or individuals found on or through the Services (including without limitation Merchants), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Zzuum shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Zzuum is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Zzuum, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Zzuum may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Zzuum may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement.
Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. If this Agreement is terminated for your breach, Zzuum reserves the right to cancel any outstanding Vouchers you may have purchased prior to termination, without refund or liability to you.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Zzuum shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Zzuum’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Zzuum’s prior written consent. Zzuum may transfer, assign or delegate this Agreement and its rights and obligations without consent.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Zzuum in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
13. Arbitration, Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Croatia without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Zadar , Croatia, using the Croatian. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Trgovacki sud u Zadru in Zadar, Croatia.
14. Copyright Dispute Policy
It is Zzuum’s policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and remove and discontinue service to repeat offenders.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at firstname.lastname@example.org or write us at Caliper d.o.o.,”zzuum – Active Vacation”, vl. Filip Lerga, Kovačka 5, 23000 Zadar, Croatia.
Effective: 1. May , 2014