TERMS AND CONDITIONS OF USE
ZShop4U ("ZShop4U") is a company that carries on commission-based marketing on the internet for its merchant partners ("Affiliate Merchants"). For this purpose, ZShop4U operates, maintains and administers the ZShop4U.com website (“ZShop4U.com” or the “Site”), which comprises various web pages and through which goods or services of Affiliate Merchants may be purchased. This agreement (“Agreement”) is intended to ensure that you, as a ZShop4U.com registered user ("User"), fully understand your rights and obligations as a User and also the responsibilities of ZShop4U to you. As a User of ZShop4U.com, you acknowledge that you have read, understood and agreed to the following "Terms and Conditions" including any future amendments or updates thereto.
ARTICLE I - REGISTRATION
1. To register on ZShop4U.com as a User, you must Go to www.zshop4u.com and click on the Register link Or got to http://www.zshop4u.com/Register.aspx and complete the registrtion form.
2. In registering on the Site, you agree to provide accurate and complete information. It is your responsibility to inform ZShop4U of any changes to that information.
ARTICLE II - LIMITATIONS ON USE OF THE SITE - You agree not to
(a) use the Site for any purpose that is unlawful or prohibited by this Agreement.;
(b) use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
(c) obtain or attempt to obtain any materials or information contained in the Site through any means not intentionally made available or provided for through the Site.
ARTICLE III - FORUM OR COMMUNICATIONS SERVICE
ZShop4U.com may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities (collectively, the “Forum”) designed to enable you to communicate with the public at large or with a group You agree to use the Forum only to post, send and receive messages and material that are proper and related to, and in accordance with prescribed code of conduct, guidelines and limitations. When using the Forum, you also agree to comply with the following provisions:
1. To post a message, material or information (collectively, “Material” or “Materials”) on the Forum, you must choose a unique user name. Duplicate user names are not allowed. If the user name you enter is already in use, you will be prompted to choose another one. ZShop4U may, in its own discretion, bar registration from any specific email service or internet service provider.
2. You agree not to post or upload on the Forum
(a) any Material, or links to any Material, or to attach files that include Material, which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, of a sexual nature, or otherwise unlawful;
(b) promotional Material for a website or entity of which you are an affiliate, employee, owner, or from which you receive any benefit. A User who breaches this provision shall be deemed to have authorized ZShop4U to charge the User the sum of $1,000.00 in advertising fee for each promotional Material, plus collection and legal fees (if any);
(c) any Material covered by intellectual property rights, without the express consent of the rights holder, unless you or ZShop4U own or control the rights thereto;
(d) files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; or
(e) advertisements, referral programs, chain letters, pyramid schemes, solicitations and links to on-line gambling sites;
3. Every Material posted on the Forum, including any files attached thereto, expresses only the views of the author and does not necessarily reflect the views of ZShop4U or its management. While ZShop4U may monitor the content and appearance of Materials posted on the Forum, you agree that ZShop4U is under no obligation to do so.
4. Considering the real-time nature of the Forum, it is impossible for ZShop4U to monitor or review every Material posted on the Forum. You agree that neither ZShop4U, nor any person or entity affiliated or associated with it, will be held responsible for the contents, accuracy, completeness, propriety or validity of any Material posted on the Forum.
5. You hereby grant ZShop4U a perpetual, world-wide, royalty-free license to distribute copy, adapt, reproduce, transmit and otherwise use the content of every Material you post in the Forum, for any purpose and in any media now known or hereinafter developed. You agree that we are free to use any ideas, concepts, know-how, or techniques contained in any Material you post on the Forum, without compensation and for whatever purpose including, but not limited to, developing, manufacturing and marketing goods and services.
6. Every User who has concerns about any Material that is posted on the Forum is encouraged to contact us immediately by clicking "alert moderator" next to any Forum Material. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. However, since this is a manual process, we may not be able to remove or edit any particular Material immediately.
7. ZShop4U reserves the right, in its sole discretion,
(a) to review or edit any Material posted on, or delete any Material from, the Forum at any time, without notice and for whatever reason;
(b) to terminate your access to the Forum at any time, without notice and for whatever reason; or
(c) to disclose the content of any Material posted on the Forum pursuant to any lawful order or request,
8. You agree that you are solely responsible for the content of any Material that you post on the Forum, and that you will indemnify and hold harmless ZShop4U and any person or entity affiliated or associated with it, in respect of any claim arising from such Material.
9. It is your responsibility to use caution when giving out any personally identifying information in any Material posted on the Forum. ZShop4U does not control or endorse the content of the Materials posted on the Forums and, therefore, specifically disclaims any responsibility or liability with regard to the Forum and any actions resulting from your participation in the Forum.
ARTICLE IV - LINKS TO THIRD- PARTY SITES
1. ZShop4U.com may contain links to other Web Sites ("Linked Site" or “Linked Sites”) maintained by third parties. ZShop4U has no control over the Linked Sites, and is not responsible for the contents of any Linked Site including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site.
2. ZShop4U is not responsible for webcasting or any other form of transmission received from any Linked Site. ZShop4U provides access to Linked Sites only as a convenience, and the inclusion of Linked Sites in ZShop4U.com does not imply endorsement by ZShop4U of such Linked Sites or any association with their operators.
ARTICLE V - ROBOTS
ZShop4U.com contains robot exclusion headers. Much of the information on ZShop4U.com is updated on a real time basis and is proprietary or is licensed to ZShop4U by Users, Affiliate Merchants, or third parties. You agree not to exceed the limited access to the Site granted to you or use any robot, spider, scraper or other automated means to access ZShop4U.com for any purpose without our express written permission. Additionally, you agree not to:
(a) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this Site without the prior expressed written permission of ZShop4U and/or any appropriate third party, as applicable;
(c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
ARTICLE VI - ZSHOP4U REWARDS
As a User of ZShop4U.com, you have the ability to earn money in the form of rewards ("ZShop4U Rewards" or the “Zewards”), which are separate and apart from, and in addition to, any other discounts available through ZShop4U.com. This part deals with the manner in which you may earn ZShop4U Rewards, when you will be paid, the rights you have to the Rewards you have earned, and ZShop4U's rights and responsibilities with respect to the ZShop4U Rewards program (the “Program”).
1. Program Overview - Only ZShop4U.com Users who purchase goods or services from an Affiliate Merchant may participate in the Program to earn ZShop4U Rewards. The Program is free and is conferred as a benefit of registration with ZShop4U.com. You are under no obligation to participate in the Program or redeem the ZShop4U Rewards you earn.
As a User, you automatically earn ZShop4U Rewards when you make a qualifying online purchase from an Affiliate Merchant participating in the Program (a "Participating Merchant") on our site. Some Participating Merchants may have special requirements to earn ZShop4U Rewards. Contact info@zshop4u.com for details or if available click on the details link for the merchant. However, not all Affiliate Merchants listed on our site participate in the Program. Participating Merchants are identified by a corresponding offer (% or $) to the right of their store name and beside their product details.
2. Eligibility -The Program is offered for purchases made through links on ZShop4U.com. You must have Internet access and a valid working e-mail address to participate in the Program. However, participation in the Program is limited to individuals that are 18 years of age or older.
3. Earning ZShop4U Rewards - To be eligible to receive ZShop4U Rewards, you must make a qualifying purchase. Generally, in order to make a qualifying purchase, you must:
(a) be 18 years of age or older.
(b) log on to ZShop4U.com with your user name;
(c) link to a Participating Merchant from the Deal page of ZShop4U.com;
(d) add items to your cart;
(e) complete your transaction;
(f) have cookies enabled on your web browser; and
(g) have a valid mailing address.
ZShop4U will determine in its sole discretion, whether or not a purchase made from a Participating Merchant is a qualifying purchase.
ZShop4U is not responsible for tracking problems resulting from incorrect usage of ZShop4U.com, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, Affiliate Merchant errors/omissions or from any other failure of tracking mechanisms.
Upon registration of your user name with ZShop4U.com, an account will be set up in your name for all ZShop4U Rewards you earn. The appropriate ZShop4U Rewards will be posted to your account as "Unconfirmed" within thirty (30) days of the date on which a Participating Merchant reports your transaction to ZShop4U.com. For a period of ninety one (91) to one hundred twenty one (121) days thereafter, your account will refer to the ZShop4U Rewards as "Pending." This time period is in accordance with the Participating Merchant's right to reverse a transaction for return purposes. Once the Participating Merchant authorizes the payment of ZShop4U.com's commission in connection with the qualifying purchase you made, we will credit your account with the applicable ZShop4U Rewards. The ZShop4U Rewards you earned will be identified as "Available," at which time you can request to redeem your ZShop4U Rewards. You can view your balance by referring to your Zewards panel on the “Home” page and to the transaction history by clicking the “My Account” menu item of any page on the Site.
4. Requesting Payment of ZShop4U Rewards - You may request to redeem your earned ZShop4U Rewards designated as "Earned" in your account. To redeem ZShop4U Rewards in an amount of $20.00 or less, you must have an account at PayPal and request payment electronically. To redeem ZShop4U Rewards in an amount greater than $20.00, you may request payment either electronically through PayPal, or by standard check. The ZShop4U Rewards will be paid to the User within thirty (30) days of receipt of the User's request for payment. ZShop4U is not responsible for lost mail or any other event beyond its control that would prevent a User from receiving their payment.
You are solely responsible for redeeming ZShop4U Rewards. There is no automatic or periodic redemption.
5. Account Adjustments - ZShop4U Rewards awarded to you are subject to adjustments for returns and cancellations, ZShop4U's receipt of information and payments on such purchases/orders from Participating Merchants, and other events. ZShop4U reserves the right to make adjustments to a User's account at any time in accordance with this Agreement. If you disagree with any adjustments made to your account, your sole remedy is to discontinue use of ZShop4U.com.
ZShop4U is not responsible for changes to, or discontinuance of, any Participating Merchant, or any Participating Merchant's withdrawal from the Program, or for any adverse effect on the accrual of ZShop4U Rewards that is caused by such changes, discontinuance or withdrawal.
6. Termination of Program - ZShop4U reserves the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, you will have sixty (60) days to redeem your ZShop4U Rewards from the date notice is transmitted by ZShop4U to the email address specified in your account. Notification will be sent to the email address that you provided to ZShop4U when you registered with the Site. ZShop4U will not be responsible for failing to notify you of Program termination, where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform ZShop4U of a change in your email address.
7. User Responsibilities. You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, password and all other information concerning your account confidential. ZShop4U is entitled to act on instructions received under your username and password. ZShop4U is not responsible for any credits or debits made to your account by someone else who uses your username or password. ZShop4U will not be responsible for any losses or liabilities incurred through the use of your password by a third party.
You are also responsible for reviewing your account balance on a regular basis, and for checking to ensure that all ZShop4U Rewards have been properly credited to your account. If a discrepancy occurs in your ZShop4U Rewards account, such as a Reward not being credited to the account, then you must contact ZShop4U via our customer support link on the Site, within sixty (60) days of the date of purchase/order from a Participating Merchant. If you fail to contact ZShop4U within that sixty (60) day period, the purchase/order shall be deemed to be accurate and you hereby waive any right to dispute it.
8. General
(a) Participation in the Program is personal to you. ZShop4U Rewards earned and received under the Program may not be assigned or transferred to any third party, except as expressly permitted by ZShop4U in writing. The sale, transfer, lending, exchange, pooling or barter of any ZShop4U Rewards, other than by ZShop4U, is expressly prohibited. Any ZShop4U Rewards assigned, sold, or otherwise transferred in violation hereof may be confiscated or cancelled.
(b) ZShop4U will use information collected from you as set forth in our Privacy Policy. You are encouraged to read our Privacy Policy to understand our information collection and use practices.
(c) You are responsible for any taxes, if any, that may be due on ZShop4U Rewards redeemed by you.
(d) ZShop4U Rewards has no cash value until such time as you request and receive payment in accordance with Section 4 of this Article. Except for your right to redeem the cash value of ZShop4U Rewards earned, you have no other property rights or other legal interest in Rewards earned.
ARTICLE VII - DISCLAIMERS AND LIMITATIONS ON LIABILITY
1. ZShop4U.com IS BEING PROVIDED BY ZShop4U "AS IS" AND "AS AVAILABLE." ZShop4U DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ZShop4U.com INCLUDING, BUT NOT LIMITED TO,
(a) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND
(b) WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE.
2. YOU AGREE THAT ZShop4U WILL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS OR DAMAGES OF ANY KIND ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATE MERCHANT, AND YOU HEREBY WAIVE ANY SUCH CLAIM AGAINST ZShop4U AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
3. ZShop4U DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS.
4. ZShop4U DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. ZShop4U ASSUMES NO RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THIS SITE INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE ZShop4U REWARDS BY PURCHASING ITEMS FROM A PARTICIPATING MERCHANT.
5. IN NO EVENT SHALL ZShop4U BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO
(a) YOUR USE OF ZShop4U.com,
(b) ANY ACT OR OMISSION BY ZShop4U IN ADMINISTERING THE WEBSITE OR THE PROGRAM, OR
(c) THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF AFFILIATE MERCHANTS, EVEN IF ZShop4U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES.
6. IN NO EVENT SHALL ZShop4U BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY ZShop4U, IN EXCESS OF THE ZShop4U REWARDS YOU HAVE EARNED DURING THE MOST RECENT SIX (6) MONTHS.
7. YOU AGREE TO INDEMNIFY AND HOLD ZShop4U AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY'S FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF OR IN ANYWAY RELATED TO
(a) YOUR USE OF ZShop4U.com,
(b) THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR ANY OTHER USER OF YOUR ACCOUNT,
(c) THE INFRINGEMENT BY YOU OR ANY OTHER USER OF YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR
(d) ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL POSTED ON THE SITE OR THE FORUM FROM YOUR ACCOUNT.
8. ADVICE RECEIVED VIA ZShop4U.com SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
9. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ZShop4U WEB SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ZShop4U.com.
ARTICLE VIII - GENERAL PROVISIONS
1. Use of Online Coupons - ZShop4U provides online coupons as a free service to its Users. ZShop4U is not responsible for the redemption, errors/omissions in, or expiration of online coupons. It is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of an Affiliate Merchant. All offers and promotions on this site are subject to change without notice. ZShop4U has no control over the legality of any coupons or other offers made by Affiliate Merchants, the ability of any Affiliate Merchant to complete the sales in accordance with the offers, or the quality of the goods offered by Affiliate Merchants. ZShop4U has no control over whether Affiliate Merchants will honour the offers shown on ZShop4U.com, and does not guarantee the accuracy or completeness of the information contained in the Site.
2. Amendments to Agreement - The "Terms and Conditions" of this Agreement may be amended from time to time. ZShop4U will post the amendments on this page. ZShop4U will not be responsible if you do not learn of the amendments. It is your responsibility to check this page of the Site regularly to find out whether this Agreement has been amended. If you do not agree to any amendment to this Agreement, you must immediately terminate your user name, password and registration.
3. Compliance with Law and Regulations - You agree to comply with all applicable laws, rules and regulations (collectively, the “Applicable Law”). You may participate in ZShop4U.com if and to the extent that such participation is permitted by the Applicable Law. ZShop4U may refuse to enrol, restrict, modify or terminate your username, password and registration, without liability to you or any other third party, if you violate the Applicable Law, of if your participation could violate the Applicable Law.
4. Proprietary Rights to Content - You acknowledge that ZShop4U.com content including, but not limited to, text, sounds, photographs, graphics, or other material contained in any Site communication, advertisements or messages (whether by ZShop4U or ZShop4U's advertiser's or Affiliate Merchants), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content, service, or software as expressly authorized by ZShop4U, its advertisers and Affiliate Merchants, as the case may be.
5. Termination of Agreement
(a) Every violation of the Terms and Conditions of this Agreement is a ground for termination of your user name, password and registration with ZShop4U.com.
(b) ZShop4U reserves the right to terminate your user name, password and registration, if your account is inactive for twenty-four (24) consecutive months. An account shall be deemed to be inactive if there has not been any ZShop4U Rewards-earning activity.
(c) You may terminate your user name, password and registration at any time by sending an email to our 24-Hour Customer Service.
(d) If your user name, password and registration with ZShop4U.com is terminated for any reason, either by you or by ZShop4U, you shall forfeit any and all earned ZShop4U Rewards in your account.
7. Notices - All ZShop4U notices will be given by email, postal mail, or by general posting to ZShop4U.com.
8. No Waiver - ZShop4U's failure to exercise any of its right under, or enforce any provision of, this Agreement shall not constitute a waiver of such right or provision.
9. Copyright and Trademark Notices
(a) All contents of the ZShop4U Web Site: Copyright 2009 of ZShop4U and/or its Affiliate Merchants. All rights reserved.
(b) The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners.
10. Choice of Law - This Agreement shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without reference to conflicts of law rules. You agree that any action arising out of this Agreement or your use of the Site shall only be brought before the appropriate courts located in Toronto, Ontario, which shall have exclusive jurisdiction over the action.
11. Other Reservations - ZShop4U reserves the right to terminate, in its sole discretion, your user name, password and registration, if your account has been associated with any inappropriate or illegal activity.
12. Severability of Provisions - If any provision (or part thereof) of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, then that provision (or part thereof) shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions of the Agreement.
Revised – July 21, 2009