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Terms & conditions

These terms were last modified as of May 4, 2021.

The following constitute the terms and conditions of access and use of this website which shall be deemed to have been read and agreed to if you access and use the website. 

1. Acceptance. By visiting and/or accessing and/or registering for and/or using any of the services provided on this website (collectively, and including any and all Content (as defined below) available through the http://www.tzuza.com/ domain name or any of its sub-sites, (the “Website”)), You signify Your assent to these terms and conditions (the “Terms of Use”), as shall be updated from time to time, and the Company’s Privacy Policy, currently available at: https://tzuza.com/terms-conditions/ which is incorporated herein by reference. These Terms of Use constitute a binding and enforceable agreement between Tzuza B.V (the “Company”), who owns the Website and you, a person accessing and using the Website and the services provided thereon, (the “User”, “You” and “Your”). Please note that to utilize any of the services provided on the Website, You are required to register as an authorized user on the site. If You do not agree to any of these terms, then please do not use, register for or visit the Website. You affirm, and we hereby rely on such affirmation, that You are 18 years of age or older, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Service. If You are under 18 years of age, then please do not use, register for or visit the Website. 

2. Website. These Terms of Use apply to all Users of the Website. The Website may contain links to third party websites that are not owned or controlled by the Company. Company has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites. In addition, Company will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly relieve Company from any and all liability arising from Your visit and/or use of any third-party website, including linking or referring thereto. We strongly encourage You read the terms and conditions and privacy policies of each other third-party website that You visit or use as they affect Your rights and liabilities under the law. 

3. Website Access and Use. 

3.1 Company hereby grants You a permission to use the Website as set forth in these Terms of Use, provided that: (i) Your use of the Website as permitted is solely for Your personal, non-commercial use; (ii) You will not copy or distribute any part of the Website, the Content therein, and any form and concept embodied therein, in any medium, without Company’s prior written authorization; (iii) You will not alter or modify any part of the Website; and (iv) You will otherwise comply with the terms and conditions of these Terms of Use. 

3.2 Registration, Private Information and Password. In order to use the Website and obtain the services and certain support through the Website from the Company, You shall be initially provided with a unique password (“Default Password”) permitting You to login for the first time and complete registration with the Website by submitting certain details about Yourself and creating a personal account (“User Account”). For such purposes, You will be asked and/or required to enter certain information about Yourself such as first name and surname; e-mail address; phone number/s; to mention but a few (“Private Information”). You must ensure that the details provided by You on registration or at any time are correct and complete and must inform the Company immediately of any changes to the information that You provided when registering and creating User Account, by updating Your personal details. Private Information is password-protected and may be accessed by holders of the Default Password. It is therefore highly recommended that You change the Default Password after You login for the first time and replace it with one of Your choice (“User Password”) to prevent unauthorized access and/or use of Your Private Information. User Password and details must be kept safe, secure and confidential at all times and must not be disclosed or shared with anyone. You hereby release the Company from any and all liability for Your losses and/or damages caused by any unauthorized access and/or use of User Account whether by using the Default Password , the User Password, or otherwise. Although Company will not be liable for Your losses caused by any unauthorized access and/or use of User Account, You may be liable for the losses of the Company or others due to such unauthorized use. 

3.3 Limitations. Without derogating from provision 4 below, You agree not to use or launch any automated system, including without limitation, “robots”, “spiders,” “offline readers” etc., that access the Website in a manner that sends more request messages to Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website or other communication systems provided by the Website for any commercial solicitation purposes. 

3.4 Collection of Information. When You use the Website, Company may collect or receive information You supply and/or submit while using the Website and related services thereon, including without limitation Your Private Information. Any such information may be monitored, retrieved and used by Company for general statistics regarding use of the Website, utilization of services and for purposes of establishing patterns of behavior, manner and fashion of use of the Website by User, to the extent permitted by applicable law and subject to Company’s Privacy Policy, in order to determine popularity of certain features and improve the functionality and the quality of services available on and/or through the Website and for other commercial purposes such as delivering customized content and Advertising Material (as defined below) within the Website to User/s per their specific field of interest. 

3.5 Advertising Material. By using the Website User agrees to receive information, texts, advertisements for products and/or services, notices and/or other materials which are uploaded to the Website by the Company (“Advertising Material”). Such Advertising Material may be personalized and assigned to individual User/s to meet specific needs, requirements, according to relevancy as shall be determined by Company at its sole discretion. Such personalization may be based on information, including Private Information, retrieved by the Company resulting from User’s use of the Website. User hereby releases the Company from any and all liability arising from receiving such Advertising Material regardless of their origin, contents and/or their context. 

3.6 The Website and the Company shall not be or deemed to be a party to any contractual, commercial or other engagement between the User and any third party, whether such engagement was a result of User’s using the Website or any of the services there–

4.2  Transmitting material that encourages conduct which may constitute a criminal offence, result in civil liability or otherwise breaches any relevant law, regulation and/or code of practice; 

4.3  Gaining unauthorized access to other computer systems; 

4.4  Interfering with any other person’s use of the services provided on the Website; 

4.5  Transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”; 

4.6  Making and/or transferring and/or storing electronic copies of materials protected by copyright without the express permission of the owner of the material. 

4.7  You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features of the Website and/or use of Content (as defined below) or enforce limitations on use of the Website and/or the Content. 

5. Third Party Software and websites. Company through its Website may make available to User software, applications and/or services provided and licensed by third parties (the “Third Party Software”). The use of Third Party Software in or with the Website is subject to the applicable licenses, terms of use and conditions of such Third Party Software, including without limitation the Google Maps and Google Earth services the use of which by User is subject to the terms of use as appear in http://code.google.com/apis/maps/terms.html. In the event that no such third party license agreements exist, the restrictions contained in this agreement shall apply on all such third party applications, mutatis mutandis. Company disclaims any warranty or representation with regards to any use of any of the Third Party Software, which use is on an as-is basis. In as much as the Website contains links to websites which are not operated by the Company (Third Party Websites), the Company and/or the Website shall not bear any responsibility or liability with regards to any such Third Party websites, their contents, the information presented therein, etc., and any use of the User thereof, and In no event will the Company be liable in any way for any damages of any kind whatsoever resulting from or in connection with any use of any such Third Party Software or any reliance on any information presented therein, and any such use shall be on User’s own discretion and responsibility. 

6. Intellectual Property Rights.
The content of the Website, including without limitation, the text, content of text, software, scripts, graphics, form and the like (the “Content”) and the trademarks, service marks and logos contained and embodied therein, are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under Dutch laws, foreign laws and international conventions. Content on the Website is provided to You “AS IS”, without any warranty, for Your information and personal use only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Company reserves all rights in and to the Website and the Content. 

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tzuza reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Tzuza a nonexclusive, royalty-free, and fully sublicensable right to use such content throughout the world in any media. You grant Tzuza and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tzuza for all claims resulting from content you supply. Tzua has the right but not the obligation to monitor and edit or remove any activity or content. Tzuza takes no responsibility and assumes no liability for any content posted by you or any third party.

8. Payment terms. Buyers pay Tzuza in advance to create an order (see Payment Terms). All users may not offer or accept payments using any method other than placing an order through Tzuza.com. Please refer to the Payment Terms for making or receiving payments through the Tzuza platform.

9. Orders

9.1 Basics

  • Once payment is confirmed, your order will be created and given a unique Tzuza order number (#TO).
  • Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on the purchased service.
  • The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
  • An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
  • We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails users can contact Tzuza’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
  • A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start. Once a milestone is delivered and accepted, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. Please note that if you choose to stop the future milestones, the current ordered milestone will not be cancelled.

9.2 Handling Orders

  • When a Buyer orders a service, the Seller is notified by email as well as notifications on the site while logged into the account.
  • Sellers are required to meet the delivery time that are specified for the purchased service. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s status.
  • Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
  • Users are responsible for scanning all transferred files for viruses and malware. Tzuza will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  • Buyers may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.

9.3 Reviews

  • Feedback reviews provided by Buyers while completing an Order are an essential part of Tzuza’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
  • Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Tzuza platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Tzuza platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by Buyers are publicly displayed on a Service and/or on a Seller’s page.
  • Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples can be added to a Seller’s Profile if the Buyer chooses to publish the Work Sample while providing a public feedback review.
  • Withholding the delivery of services, files, or information required to complete the service with the intent to gain favorable reviews or additional services is prohibited.
  • Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
  • Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
  • Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
  • Feedback reviews are unavailable for orders made through the Logo Maker.

10. Warranty/Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE USE THEREOF AND IN CONNECTION WITH THIRD PARTY ENGAGEMENTS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THE WEBSITE OR ANY OTHER THIRD PARTY WEBSITE OR OTHER SERVICES, WHETHER ONLINE OR OFFLINE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THIRD PARTY CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, OR THIRD PARTY ENGAGEMENT (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY OR USER, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FROM THE WEBSITE, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING; COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR OR IN ANY WAY LIABLE IN CONNECTION WITH ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

11. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES, BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF, THE VISIT IN, THE ENGAGEMENT WITH ANY THIRD PARTY PURSUANT TO USING THE WEBSITE, AND/OR THE LINKING FROM THE WEBSITE, COMPANY’S SECURE SERVERS, THIRD PARTY WEBSITES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, COMPANY IS FOUND LIABLE FOR DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE AND/OR THESE TERMS OF USE, IN NO EVENT SHALL SUCH LIABILITY EXCEED A TOTAL OF $5,000. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, WHEATHER IN CONTRACT, IN TORT OR IN GENERAL UNDER APPLICABLE LAW, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. COMPANY MAKES NO REPRESENTATIONS THAT THE WEBSITE IS LEGALY OR OTHERWISE APPROPRIATE OR AVAILABLE FOR USE IN YOUR LOCATION. THOSE WHO ACCESS OR USE THE WEBSITE MAY DO SO AT THEIR OWN FREE WILL AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS. 

12. Indemnity. You agree to defend, indemnify and hold harmless the Company, its parent corporations, subsidiaries and affiliates, officers, directors, shareholders, employees, consultants and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) a violation by You of any term of these Terms of Use; (ii) a violation by You of any third party right, including without limitation any copyright, property, or privacy right, while using the Website or in connection thereto. This obligation for defense, indemnification and holding harmless will survive the termination or expiration of these Terms of Use and Your use of the Website. 

General. Any claim or dispute between You and Company that arises in whole or in part from or in connection with the Website or these Terms of Use shall be decided exclusively by a court of competent jurisdiction located in Den Haag without giving effect to rules of conflict of laws. These Terms of Use shall be governed exclusively by the internal substantive laws of the Netherlands, without respect to its conflict of laws principles. You agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than the Netherlands. These Terms of Use, together with any other legal notices published by the Company on the Website, shall constitute the entire agreement between You and the Company. If any provision of these Terms of Use is deemed to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Company reserves the right to amend and/or update these Terms of Use at any time and without notice. Such updated Terms of Use shall be posted on the Company’s Website and Your use of the Website following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms. These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction including any claim Company may have against any User.

For any questions, please contact us at Tzuza B.V., Toussaintkade 2, 2513 CJ The Hague, the Netherlands or by electronic mail at: info@tzuza.com. 

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Toussaintkade 2
2513 CJ The Hague
The Netherlands

info@tzuza.com
KvK 81234252
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