Thank you for choosing ZAKA (“ZAKA” or “we” or “us” or “our”) operated by Zaka AI, INC., a company established under the laws of the state of Delaware.
By accessing our website https://zaka.ai (the “Website”), and/or creating an account and registering to the website, the user (the “Users” or “you”) will be able to purchase services (the “Services”) and access content (the “Content”).
1 General Terms
1.1 Involved Parties
(a) ZAKA and any officer, director, employee, subcontractor, agent, successor, or assignee of ZAKA;
(b) any of their affiliate; and
(c) partners. ZAKA is owned by Zaka AI, INC, a company established under the laws of the state of Delaware.
The terms “User(s)”, “you” and “your” shall mean the User(s) that is accessing ZAKA including without limitation Users who are browsers, customers, merchants, independent professionals and/or contributors of content.
When you agree to these T&C and accept this Agreement, you do so on behalf of yourself and any person that you entitle or authorize to use your ZAKA’s account to the extent provided in these T&C.
You are not allowed to allow third parties to use your account or the product bought from Zaka. Groups including but not limited to industries, companies, institutions, are not allowed to share their account with their employees, students, partners or any other third party.
You are responsible for obtaining all consents and authorizations needed to accept this Agreement for others.
Every User shall identify himself by signing up and shall have a distinct Username.
1.1.3 Using the Service on Behalf of Another
You are not allowed to use the account of another person registered with Zaka. Accounts are opened for personal use. However, in case you use the Services on behalf of another, whether a natural person or legal non-natural person or entity, you do accept this Agreement on behalf of them and on behalf of yourself. .
1.2.1 ZAKA is the latest innovative community-driven Artificial Intelligence (“AI”) platform whose purpose is to be an inclusive guide for organizations and individuals into AI in the MENA region by offering AI education and consultancy services.
User shall create a membership (the “Membership”) by creating an account and registering to the Website. Users can access our website, purchase any of our Services and pay online.
By purchasing a Service, User shall have access to Content developed by Zaka.
1.2.2 Zaka reserves the right to discontinue the Services, or certain applications, tools, Content, features or functionalities of the Service, for any reason at any time, in Zaka’s sole discretion, without any liability to you.
1.2.3 All descriptions of the Services, including pricing are subject to change at any-time without notice, at our sole discretion. We reserve the right to discontinue any Service at any time. We do not warrant that the quality of any Services purchased or obtained by you will meet your expectations, or that any errors in the Services purchased or obtained by you will be corrected by Zaka.
2 Acceptance of Terms
2.1 Your access to and use of ZAKA is conditioned on your acceptance of and compliance with these T&C. By downloading, installing, displaying, creating an account or using ZAKA, you indicate that you agree to comply with these Terms and Conditions that govern the use of ZAKA.
If you do not agree or cannot comply with all or any of the provisions included in this agreement, you are not authorized to use ZAKA. Whenever you visit ZAKA or communicate with us, you consent that all communications, agreements, notices, and other disclosures are governed by the present T&C.
The T&C takes effect on the date on which you sign up to ZAKA.
2.2 By choosing to get a Service from ZAKA, you conclude a deal (the “Deal”) and agree to pay the fees as per the price that appears on the Website.
2.3 You are granted a non-salable, non-transferable, limited right to access and use for personal purposes the Services made available to you. The rights granted to each User are as follows:
The right to get the Services is for the User’s individual use only.
The right to email, fax, download or make printouts using the commands of the Services results.
The right to buy an unlimited number of Services.
2.4 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Services in any medium belongs to ZAKA. ZAKA is a trademark used under license. Users do not acquire any proprietary interest in the Services, or copies thereof, except the limited rights granted herein.
2.5 Users may not use the Services in any fashion that infringes the intellectual property rights, privacy rights or proprietary interests of ZAKA or any third party. Your use of the Services must comply with all applicable laws, rules and regulations.
2.6 Users may not remove or obscure the copyright notice or other notices contained in the Content.
3 Access and Services
User shall register by signing up with a username and a password. User shall be requested to register a password and engage to keep such password confidential and secure. User accepts to inform ZAKA of any unauthorized access or hacking of password as soon as he becomes aware of such use.
3.2 You accept responsibility for all activities on your account, whether authorized or not. Each User agrees to keep his username and password confidential and secure, and Users will not give or make them available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if Users allow, whether through action or inaction, a person to gain access to his username and/or password, with or without permission, the User is authorizing that person to use the Services, and you will be responsible for all transactions that result from such access, even if you did not want the transactions performed, and even if they are unauthorized or fraudulent.
3.3 Lost, Stolen or compromised account
You agree to immediately notify ZAKA’s customer support through email: firstname.lastname@example.org if you believe that your ZAKA Account has been: compromised or accessed without authorization, username and/or password lost, stolen or compromised, or that someone has attempted or may attempt to make or request payments through your ZAKA Account without authorization.
3.5.1 By visiting the Website and/or purchasing any Service through the Website you represent that:
you are at least the age of majority in your country of residence.
you have given us your consent to allow any of your minor dependents to use the Website.
you have legal authority to enter binding agreements and not be barred from doing so under any legal system.
you agree that you will not use our Service for any illegal or unauthorized purpose.
you may not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
you will not transmit any worms or viruses or any code of a destructive nature.
all registration information that you submit is true and complete.
you will not reproduce, duplicate, copy, sell, resell or exploit any portion, use, or access to the Service or any contact on the Website, without Our prior express written permission.
you also agree that we may use this information to contact you in the context of your request if necessary.
3.5.2 A breach or violation of any of these Terms will result in an immediate termination of Your Membership.
3.6 Purchase of Service
3.6.1 The User chooses a Service from the list of Services that is made available on the Website.
3.6.2 The User should abide by the specific conditions related to the purchased Service.
3.6.3 After the fulfillment and payment of a Service, Users have the opportunity to rate the experience using our rating system.
3.7 We reserve the right, but are not obligated to, limit the purchase of the Membership to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any Service made on this Website is void where prohibited.
3.8 Services by thirds-parties
3.8.1 ZAKA may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
3.8.2 We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these T&C.
3.8.3 Certain content and services available via our Service may include materials from third-parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
4.1.1 The price of the Service appears on the Website and is final. The price of the Services is as stipulated at all times on the Website, except in the case of an obvious error. If We discover an error in the price of any of the Services that you have requested, we will inform You as soon as possible and give You the option of confirming Your request at the correct price or cancelling it. If We are unable to contact You, the request will be considered cancelled and all amounts paid will be reimbursed to You in full. We are not obliged to provide You with any of the paid Service at the incorrect lower price even if the request is confirmed, if the error in the price is obvious and unmistakable and could have reasonably been recognized by You as an incorrect price.
4.1.2 The Services purchased on the Website are subject to VAT and prices are inclusive of VAT as well.
4.1.3 Zaka reserves the right to change the prices at any time. However, except as stipulated above, the changes will not affect the confirmed requests.
4.2 Payment Method
4.2.1 Payments are made through one of the following options:
– Credit Card;
– bank transfer (SEPA or SWIFT); or
ZAKA does not accept payments through other portals, Electronic Data Interchange or any other online procure-to-pay.
4.2.2 To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your request, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver the Service and we will be unable to conclude any contract with you.
4.2.3 You may have access to some features that interact with Stripe (or any other similar payment gateway). These features are built on the payment gateway’s API, and currently include links to prepopulate some payment information (email address, amounts, and notes fields). You agree and guarantee that: (a) You will not use the payment gateway for money-laundering, and you will report any suspicious activity or parties knowingly engaged in money-laundering, (b) that your use complies with all laws and regulations in Your jurisdiction and (c) that all usage is in compliance with the payment gateway’s terms and policies.
4.2.4 You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact You as needed.
4.2.5 In the event any error occurred when entering your Personal Data You can modify such error by contacting our customer service via email@example.com.
In case you are purchasing any Services and if you detect an error in your request after the completion of the Services’ payment process, you should immediately contact our customer service, via the email address above to correct the error.
In case you are offering any Services and if you detect an error in your offering, you should immediately contact our customer service via the email address above to correct the error. Our customer service team will contact the user with whom the Services process was executed to inform him/her of the occurred error.
4.3 Payment’s Conditions
4.3.1 The access to the Services, or to certain features of the Services, may require you to pay certain fees, including but not limited to transaction fees, payment processing fees, and other special services fees. You agree to pay when due all Service fees applicable to Your use of the Services. You agree that You are responsible for the full amount of applicable Service fees for each billing cycle in which You use the Services or maintain an account, even if You don’t use the Services during the billing cycle or use the Services for only a portion of the billing cycle. ZAKA reserves the right to cancel Your Membership if Your Membership is not in good standing or has any overdue Service Fees subject to this Agreement; (b) when using a service that has a fee, you have an opportunity to review and accept the Service fees to be charged; Service fees may change from time to time and will be updated on the Website. ZAKA may choose to temporarily change the Service fees for promotional events, or introduce new services; such changes are effective when we post the temporary promotional event or new service on the Website; (c) you authorize to use the credit or debit card you have provided to us (as updated from time to time), or the bank account associated with your account to automatically charge you in USD or any other currency for the Service fees applicable to your account or your use of the Services.
4.3.2 If ZAKA is unable to charge your account for any reason, you agree to pay all past due Service fees and taxes within 5 business days of notice of non-payment. If your account becomes overdue, ZAKA will be entitled to reimbursement for the reasonable costs of collection, including reasonable attorneys’ fees and expenses.
4.3.3 ZAKA reserves the right to take any necessary legal actions in case you fail to pay any due amount.
4.3.4 Paid fees are non-refundable. User agrees to pay all applicable fees and charges as per the price that appears once the Service is selected. A refund might occur upon complaint filing and at the sole discretion of ZAKA, in case of transaction error and after further investigation. Such refund can be done only through the same mode of payment.
4.3.5 User is responsible for providing accurate and current billing and payment information to us. He agrees that we are allowed to verify if the payment method is valid, charge his payment card or payment account for the amounts due for his use of the Services. User agrees that we may terminate the T&C and suspend or cancel his access at any time if payment information is deemed to be inaccurate.
4.3.6 Users should not send payment information through email. ZAKA cannot guarantee the security of data contained in emails and is not liable for any losses caused as a result of unauthorized access to the information you provide by email.
4.3.7 User agrees to be bound by all payment instructions or transactions initiated in compliance with ZAKA’s security procedures and this Agreement, whether or not authorized.
4.4 Liability for Payment
4.4.1 User agrees that he will be liable for all losses or payments resulting from the theft, loss, compromise, or unauthorized use of his account, unless (1) he has notified ZAKA of possible theft, loss, compromise or unauthorized use, and (2) we have had a reasonable opportunity to act on that notice. User will also be responsible for any losses or unauthorized payments resulting from any fraudulent or illegal compromise of his systems.
4.4.2 User agrees that he will be responsible and liable for payments or transfers containing inaccurate instructions or other errors, unless limited by law.
4.4.3 Upon User’s timely report, we may, in our sole discretion, use good faith measures to attempt to reverse and recover any unauthorized or erroneous payments or transfers on his behalf, but ZAKA will have no responsibility, obligation, or liability in relation to such payments or transfers or any reversal or recovery attempts.
4.4.4 We reserve the right to refuse any request for any Service our place with Uus. We may, in our sole discretion, limit or cancel the Services requested by any customer. These restrictions may include paid Services placed by or under the same customer account, the same credit card, and/or requests that use the same email address and/or the same mobile number. In the event that we make a change to or cancel any Service, we may attempt to notify you by contacting the e-mail address and/or the mobile number provided at the time the Service was requested. We reserve the right to limit or prohibit the requested Services that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5 Prohibited Uses
5.1 In addition to other prohibitions as set forth in these T&C, you are prohibited from using the Website or the Services:
for any unlawful purpose.
to solicit others to perform or participate in any unlawful acts.
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
to infringe upon or violate our Intellectual Property rights or the Intellectual Property rights of others.
to submit false or misleading information.
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet.
to collect or track the personal information of others.
to spam, phish, pharm, pretext, spider, crawl, or scrape.
for any obscene or immoral purpose.
to interfere with or circumvent the security features of the Service or on the Website, other websites, or the internet.
5.2 ZAKA reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
6 Limitation of Liability
6.1 ZAKA shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
any errors in or omissions from the Services available or not included therein.
any information made available on the Website that is not accurate, complete or current since the material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at Your own risk.
your use of the Services.
the loss or corruption of any data or equipment in connection with the Services.
any delay or failure in performance beyond the reasonable control of a ZAKA.
any content retrieved from the Internet even if retrieved or linked to from within the Services.
6.2 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF ZAKA IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THIS T&C OR DEAL EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE SERVICE IN CONNEXION WITH THE CLAIM. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ZAKA.
6.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR ZAKA WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS OR YOUR INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO ZAKA OR ITS THIRD-PARTY SUPPLIERS.
6.4 If the Services or the operation thereof become, or in the opinion of ZAKA are likely to become, the subject of a claim of infringement, ZAKA may, at its option and expense, either: (i) procure for you the right to continue using the Services, (ii) replace or modify the Services so that they become non-infringing, or (iii) terminate this T&C on notice to you and grant you a pro-rata refund or credit (whichever is applicable) for any pre-paid fees or fixed charges.
6.5 The provisions of the present Section shall constitute your sole and exclusive remedy for the respective matters specified therein.
6.6 In no event shall ZAKA be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, physical, material, moral, arising out of or relating to the conduct of any third party or User with the use of ZAKA, including without limitation pecuniary loss, physical injury or death, or any other damage that is in connection with ZAKA.
6.7 ZAKA is not responsible for any applicable taxes in the User’s country.
6.8 Users agree to indemnify and save harmless ZAKA from and against and agree to be liable for any and all losses, claims, actions, suits, proceedings, damages, liabilities or expenses of whatever nature or kind, including any investigation expenses incurred by any third party, to which a third party may become subject by reason of the terms and conditions of the T&C.
6.9 User acknowledges that content may not be updated on a daily basis. ZAKA is not responsible for any damage resulting from the use of information of content available on the ZAKA.
6.10 ZAKA is not liable for any loss or damage resulting from the use, display, interruption, suspension or termination of ZAKA. ZAKA is not responsible for any interference, loss, damage or disruption to your own mobile device resulting from your use of ZAKA.
6.11 You hereby waive your right to all claims that you may have against ZAKA and that are related to the company, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of ZAKA.
6.12 Without limiting the above, ZAKA does not warrant that the Website, information and or material available for download are free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, ZAKA excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.
6.13 You agree to indemnify, defend and hold harmless ZAKA and its related parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of the Terms or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.
7 Change of Terms
7.1 The Services may be enhanced, added to, withdrawn, or otherwise changed by ZAKA without notice.
7.2 You hereby acknowledge and accept that any terms or guidelines may change or be updated from time to time at ZAKA’s sole discretion and without prior notice, and you engage to review these terms from time to time. All changes are effective from the date they are posted and your continued use of ZAKA will constitute your acceptance of the variation of the T&C. It is your responsibility to ensure you are aware of any changes to these T&C each time you utilize ZAKA.
7.3 Charges and payment terms may be changed from time to time.
7.4 If any changes are made to the Terms and Conditions, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you but will apply to all similarly situated ZAKA customers using the Services.
7.5 In case any condition of these T&C become unsuitable for you, in any way, due to the subsequent changes introduced by us, you agree that you will have to immediately cease to use ZAKA in accordance with the terms of clause 8 related to Termination.
8 Terms and Termination
8.1 The T&C will be effective commencing with your first use, pre-Membership or Membership of the Services and will remain in full force and effect throughout your use of the Website and/or its Services.
8.2 Notwithstanding any of these Terms, ZAKA reserves the right, without notice and in its sole discretion, to terminate your Membership to use the Services, and to block or prevent your access to and use of the Services. ZAKA reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
8.3 You are free to terminate Your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If You wish to terminate Your Membership, you may do so by sending an email to firstname.lastname@example.org or using any other account termination functionality that may be offered through the Services. Signing in and continued use of the Services following the effective date of any change constitutes acceptance of the change but does not affect the foregoing termination right. Except as provided above, these T&C may not be supplemented, modified or otherwise revised. Furthermore, these T&C may not be supplemented, modified or otherwise revised by email exchange even if the email contains a printed name or signature line bearing signature-like font.
ZAKA may temporarily suspend or discontinue providing access to the Services to any User in breach of the T&C without notice and ZAKA may pursue any other legal remedies available to it.
8.4 The failure of you, ZAKA, or any third-party supplier of Services to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Website. It is Your responsibility to check the Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
10 Intellectual Property.
This Website contains material which is owned by or licensed to ZAKA. This material includes, but is not limited to, the Content, the design, layout, look, appearance and graphics. Reproduction is prohibited without the prior written approval of ZAKA. The Website may be used only by you, and you may not rent, lease, lend, sub-license or transfer your account or any data residing on it or any of your rights under these Terms to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Website. You may not transfer to or store any data residing or exchanged over the Website to any electronic network for use by more than one user unless you obtain prior written permission from Zaka. Except as otherwise expressly provided, you shall not sell, modify, reproduce, copy, display, perform, distribute, transfer, use, publish, license or create derivate works from any content contained in the Website. The use of the Website’s content on any other website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the coding that ZAKA creates to generate its pages. You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. ZAKA does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
11 Violation of Privacy and Security
11.2 If you , or any person you permit to use the Services or who gains access through your failure to properly secure Username or computer, then the following provisions will apply: (a) if required by applicable law, you will notify the individuals whose information has potentially been accessed or used that a Security Event has occurred; (b) you will notify any other parties (including but not limited to regulatory entities and credit reporting agencies as may be required by law; (c) the notification will not reference ZAKA, nor will ZAKA be otherwise identified or referenced without the express written consent of ZAKA; (d) you will be solely liable for all claims that may arise and you will indemnify ZAKA for any third-party claims directed against ZAKA that arise from the infringement; and (e) all notifications and indemnity claims related to the infringement will be solely at your expense.
12 Governing Law and Dispute Resolution
12.1 The T&C shall be governed by and construed in accordance with the laws of Lebanon regardless of the law that might otherwise apply under applicable principles of conflicts of law.
12.2 If a problem or dispute arises out of or in connection with the present Terms and Conditions, ZAKA would like to have the opportunity to resolve them through the customer service. Please contact us at: email@example.com
If our services are not able to resolve the issue within a maximum period of 30 days, you may refer the case to arbitration as set in the below.
All claims or disputes arising out of, or in connection with, the present T&C including claims you may have against us, our subsidiaries, our Partners, our employers and/or suppliers; and any claims that arose before you accepted these Terms and Conditions, will be settled through binding arbitration in accordance with the arbitration rules of the Lebanese Arbitration Center of the Chamber of Commerce and Industry of Beirut and Mount Lebanon, which rules are deemed to be incorporated by reference into this clause. The language of the arbitration shall be English.
Each party agrees that an arbitral award rendered in accordance with this clause 12.2 shall be conclusive and binding on it and not subject to appeal, and such award may be enforced against it in the courts of any competent jurisdiction, subject to the grounds for non-enforcement under the laws of the jurisdiction in which such enforcement is sought.
If ZAKA seeks relief through arbitration against you, we will give you notice at the email address or street address you have provided.
13 Technical Defects
13.1 Without limiting the above, ZAKA does not warrant that the Website, information and or material available for download is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, ZAKA excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.
14.1 Severability. The T&C will be enforced to the fullest extent permitted by applicable law. If any provision is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this T&C.
14.2 Entire Agreement. The T&C constitutes the entire agreement of the User with ZAKA with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.
14.3 Assignment. User may not assign his rights or delegate his duties under the T&C without the prior written consent of ZAKA, which consent shall not be unreasonably withheld. The T&C and any amendment thereto shall be binding on, and will inure to the benefit of both the User and ZAKA and their respective successors and permitted assigns.
ZAKA reserves to itself the right to sell, transfer, give, license or lease the platform to any third-party and, thus, transfer its rights and obligations in the Present T&C to said party.
ZAKA reserves to itself the right to deal with any third-party it may choose and replace any third party it is already dealing with.
14.4 ZAKA and Partners shall not be liable by reason of any failure or delay in the performance of their obligations hereunder for any cause beyond their reasonable control, including but not limited to electrical outages, failure of Internet service providers, riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, pandemic, and other acts of God.
14.5 Force Majeure.
ZAKA will not be held liable for any delay or failure to perform any obligation related to the Services if the delay or failure is due to unforeseen events that are beyond ZAKA’s reasonable control, including, without limitation, strikes, blockade, war, terrorism, riots, natural disasters, epidemic, pandemic, or governmental action, and other industrial disputes, breakdown of information communication technology systems or network access, flood, fire, explosion or accident.
14.6 If you have any complaint related to our service and/or performance, please email to firstname.lastname@example.org
Your comments and suggestions related to this Agreement or to any of Our Services, are always welcome. You may contact Us through the following email email@example.com
The present Terms apply to both Zaka and the Users including the employees, representatives or other individuals acting on behalf of one of the Parties and should be read in conjunction with Zaka’s Terms and Conditions.
No personal information shall be retained for any purpose except to the extent necessary for the maintenance, improvement and development of our services.
Users’ personal information shall be protected through reasonable security safeguards.
Collection of Information
2.1 Collection of Personal Information
While using Zaka services, the User is requested to provide information that may be personal such as his name, his contact detail, his date of birth, etc.
(2) When the User signs up, fills in any forms, opens an account, speaks with a member of our customer support team (either on the phone or through the Website) or contacts us for any other reason, or attends an event, we may collect your personal information.
(3) Zaka collects as well all communications with the Users. This may include live chatting or messages. These data are kept for a limited period of time that is solely determined by Zaka.
(4) All data are collected via manual and automatic means.
(5) The User is offered the option to refuse that his information be used by Zaka. He can opt-out of this collection and utilization by notifying us through email: firstname.lastname@example.org
2.2 Collection of Non-Personal Information
Zaka retains the right to automatically collect information from your computer or mobile and data such as language settings, IP address, device settings, device OS, time of usage, operating system, browsing history, user Booking ID, etc.
The data includes the below:
Cookies: please do not disable Cookies so that we can personalize the content that you see on our Website. Disabling them will prevent you from accessing the functionalities.
Location: we may need to determine your current location to provide you with adequate information and display the appropriate advertisements.
Log In: IP address of your Computer, information related to your visit to our Website or App, Websites you visit before and after your visit ours.
We process all this data for the sole objective of improving and personalizing our service.
2.3 Collection from other Sources
(1) Zaka may request information relating to you from other sources such as courts or other public authorities.
(2) Zaka may be contacted as well by tax authorities for investigation purposes or fraud detection. It is the legitimate right of Zaka to provide the requested Information to the public authorities.
2.4 Storage Period
Zaka shall keep the data stored on the servers for an indefinite period of time. Users can contact us to request the deletion of their information before the end of the aforementioned period on the following email address: email@example.com
Use of Information
Zaka will use the information provided by the Users for limited purposes and Users can opt-out to limit the sharing of the information.
3.1 Internal Use of Information
(1) We will use your information such as email to send you newsletter, now products, discounts, security alerts, reminder emails, notifications or to answer your queries. However, you can opt to unsubscribe from any of our email-threads at any time.
The results of the research may be disclosed to our partners.
(3) We may use your personal data to provide customer services.
(4) Your personal data may be used to provide, improve or develop Zaka’s platform and or personalize your experience, determine your business needs and offer the most suitable products.
(5) Your data may be used for security purposes, or to detect and prevent fraud or similar infringements.
(6) We may use your personal data as well for legal reasons in case of legal disputes or complaints, or in order to answer official requests addressed to us by the legal authorities when required by the law. According to the above, Zaka shall do its best to ensure the safeguard of the Users’ rights and freedoms.
(7) Use of personal data will make it easier for you to access our website and to communicate with other customers.
3.2 Sharing Information
(1) Zaka may share necessary information with its partners or third parties in order to provide better quality services. Third parties shall be bound by confidentiality as per GDPR for European citizens.
In no case, information shall be sold, rented or licensed for business purposes.
(2) Zaka may be legally required to disclose your personal information. Such cases may include without limitation: subpoena request, law, legal process, government enforcement policies, investigations, legal actions or claims from third parties, flight or hotel search, etc.
(3) We may share your personal data with:
(a) affiliated companies for operational;
(b) potential buyers of its business, and to its professional advisers (such as lawyers, accountants, auditors, IT consultants, management consultants);
(c) other third-party organizations if required to by law.
(4) Zaka may be required to transfer personal data. Such transfer shall be made in compliance with the European Law and will respect the same level of data protection.
3.3 Activity Monitoring
Zaka system monitors the activity of the Users to assess the overall engagement of the customers and report any abnormal activity and stop spam Users from harming the Platform.
We conduct constant evaluation of automatic data including IP Address and history to detect unidentified spammers and fake bot.
Relation with Zaka’ Partners
While surfing on Zaka we may redirect you to other websites or ask you to open links that are ruled by our Partners and over which we do not have control.
Our Partners may have their own privacy policies and you shall access such links at your own risk so please check their privacy policies before you undertake any action.
Protection and Security
Zaka strives to use reasonable means and takes practical measures to secure the protection of the Users’ data, however, no transmission over electronic and web network can be totally and absolutely secure.
Therefore, Zaka cannot guarantee a 100% safeguard against steal, hack, abuse or loss of the stored Data and it is as well the responsibility of the User to choose which information he is ready to share.
5.1 Data Violation
We will report any data privacy breach or steal of its database and shall notify the Users and the concerned authorities within a period of 5 days as of the detection of said violation.
5.2 Children’s Protection
Users that are below eighteen (18) years old are not allowed to use Zaka.
In case it appears that, by accident, Zaka collected information related to a minor, the parent may request us to erase them and decline any previous request made by the minor.
Updates and Compliance
(1) The processing of the above-mentioned data is necessary for the execution of the Terms and Conditions between Zaka and Users.
In case the requested Information are not provided, we may not be able to offer our services to you.
If you wish to object to the processing of your data, please liaise with us via: firstname.lastname@example.org
The changes we bring shall be effective as of this Last Updated date.
In case of important material changes that will have an impact on Users,
Zaka shall notify you prior to the effective date.
(3) User should ensure the accuracy of your information and inform us about any change.
Complaints and Request
(1) In case of inquiries or complaints related to the data protection and/or information processing, Users may contact us via email@example.com
We will attempt to resolve the issue within the shortest delays and in accordance with our policies.
(2) The User may request a copy of his personal data that is recorded. He may as well ask to erase some information, restrict the use or object and Zaka may accept depending on each case.
(3) Regarding the information obtained following to the User’s approval, the User may refuse to give his consent or withdraw it any time if permitted by the law.