Specific terms and conditions for Providers

DEFINITIONS

  • Portal: All the content, pages and services as seen and offered on the ZANKYOU website.
  • Users: anybody who is registered to the ZANKYOU Portal, refers to the individuals benefiting from the services on the ZANKYOU website and the wedding registry service.
  • Provider: Type of User that uses the ZANKYOU Portal professionally, within or outside the wedding industry.
  • Review: Written opinion about the Provider's service as written by ZANKYOU User.
  • ZANKYOU Inbox (Inbox): An electronic folder in which all messages and leads for a Provider (from Users) are gathered.
  • Information Requests (IR): All leads in written and direct form that Users send to Providers through ZANKYOU. Leads can be: Check Phone, Check Website, Favourite, Promotions and Messages.
  • Check Phone: User who requests a Provider’s phone number by clicking on the respective button on the Providers page.
  • Check Website: User who visits the Iframed website of the Provider by clicking on the respective button on the page.
  • Favourite: User marks Providers as preferred and saves them on his specific site.
  • Promotions: Promotions, discounts and offers by Providers for Users on their company page.
  • Advertiser: Premium professional User (Provider) who buys an advertising campaign with ZANKYOU.
  • Company Page (Or: Provider Page): a public professional profile of the Provider on which Users can find information, visuals, leave reviews and send a request for information.
  • ZANKYOU APP for professionals: Application developed for Android and IOS that offers professionals the same services as on the web version of the ZANKYOU Portal.

ARTICLE 1 - OBJECT

These terms and conditions specially apply to Providers that are listed on the ZANKYOU Portal and collaborate with ZANKYOU Ventures SL - here after referred to as: “ZANKYOU”.

1.1 These specific terms and conditions apply to all Providers who work in the wedding industry with whom ZANKYOU collaborates, hereinafter referred to as: the "Providers". In addition, these terms and conditions apply to all the uploaded information by, about and from all listed Providers in the Portal of ZANKYOU (information such as, but not limited to: visuals, contact information and information about services provided) - hereinafter referred to as "the work".

1.2 These Specific Terms and Conditions are a completion to the General Terms and Conditions of Zankyou, which Users can, at all times, read on the website of Zankyou. In the event of any contradictions between the T&C and the Specific Conditions, the latter shall take precedence over the former.

1.3 Access to the website is totally voluntary. By clicking on the Register button, the Provider indicates that he or she is fully aware of and accepts all of the conditions in this Contract. Refusal to accept these conditions shall result in access to the Services provided by ZANKYOU being denied.

1.4 The Services provided by ZANKYOU are designed and reserved for private individuals and companies. ZANKYOU assumes good faith on the part of the Provider, assuming that it is a Provider that complies with all legal requirements and is constituted as a company or autonomous.

ARTICLE 2 - COMPANY PAGES

2.1 ZANKYOU can create a company profile for the Provider on the ZANKYOU Portal, including general and publicly available information about the services of the Provider. After creation of the company profile, the Provider will be notified and invited to take over control. By creating a company profile, the Provider has full access to the profile and can edit the content as they wish in accordance with ZANKYOU´s quality standards. The content visible on the Provider’s profile and company page, consists of, but is not limited to: visuals, a description of the Provider’s services, reviews, promotions, articles in which the Provider can be mentioned, an Iframe website referral and general contact information. Providers agree not to publish content in the company profile that may be perceived as offensive, that is not applying to the law or that which does not comply to ZANKYOU’s quality standards.

2.2 Once the Provider has created their account on ZANKYOU and has therefore accepted the Terms and Conditions, they are fully responsible for all content on their Company Page. ZANKYOU cannot be held responsible for any content, visuals and / or written text on the Company page as it is controlled by the Provider.

2.3 When creating a professional profile with ZANKYOU, the Provider is required to create a profile with an email and password. This password establishes a guarantee of confidentiality of the information contained in the personal space and the Provider is therefore forbidden to share this information with a third party. Consequently, the Provider is the only person responsible for their password and ZANKYOU will not be held responsible for non-authorized access to the account of the Provider. While registering, the Provider guarantees the truthfulness of the information regarding their identity, email address and further information as gathered on their registration form and profile. ZANKYOU will reserve the right to include only Providers that fulfill our expectations and registration processes. It may occur that some Providers can’t be listed.

2.4 The Provider is responsible for the correct use of their profile, for both the password to log in as well as connecting to their personal page. The Providers must alert ZANKYOU immediately to any missing or stolen login credentials, fully assuming the consequences until we have been alerted. Once ZANKYOU has received this information, the Providers will be provided with new login credentials. In case of forgetting login credentials the Provider can request by himself a new Password through the login hoover (Portal).

2.5 The date of the creation of the company page will be marked as the initiation date of the agreement between Provider and ZANKYOU. Any agreements or changes made in a later moment are only valid if ZANKYOU has confirmed these in writing and if the other party has not objected to this within 7 days. The Provider can contact ZANKYOU at any given moment to inform about possible changes in collaboration.

2.6 Users waiver the right to take any actions against ZANKYOU or ask for responsibilities due to the data presented by ZANKYOU.

The full advertising agreements can be found in the signed contract with Zankyou.

2.7 The ZANKYOU portal can be reached by the Provider through the web as well as the ZANKYOU APP for Professionals that has been developed for both IOS and Android devices.

ARTICLE 3 - INTELLECTUAL PROPERTY

3.1 All content on the ZANKYOU Portal, such as, but not limited to: photographs, slides, negatives, digital files and other tools that are manufactured for, shared with and/or uploaded to ZANKYOU specifically for the execution of a collaboration between the Provider and ZANKYOU, may be used by ZANKYOU for communication or commercial purposes. ZANKYOU holds the right to use the texts and graphic elements added, contained and distributed on the Company Page, as well as their presentation within the Portal, social networks and third party websites, without previously notifying the Provider.

The Providers are only allowed to use content, such as graphic material or texts, if they have the corresponding rights of use. ZANKYOU will not be held responsible for any intellectual property rights which could be derived from the displayed content as added by the Providers,as well as their existence.

3.2 All items provided by ZANKYOU to the Provider during the collaboration between the Provider and ZANKYOU, such as, for example, the “Recommended by ZANKYOU” badge, are and remain property of ZANKYOU. ZANKYOU reserves the right to take back or modify the provided items without previous notification to Providers.

ZANKYOU does not license nor authorize any use of its industrial and intellectual property rights or any other property or right related to its Website, except by express agreement with third parties. The other part must clearly characterize the aforementioned goods as the property of ZANKYOU.

3.3 In the event of bankruptcy or suspension of the Providers company, the Provider is obliged to notify ZANKYOU after which ZANKYOU will delete all provided content on the platform.

3.4 In case of damage inflicted to ZANKYOU in relation to provided content by Providers the full responsibility lies with the Provider. (Such as, but not limited to, damage to ZANKYOU´s image, Employees, suspension of copyright)

ARTICLE 4 - REVIEWS

Users of the ZANKYOU Portal have the opportunity to place reviews on the professional profile of Providers, reflecting their personal opinion about the provided services. By accepting the Terms and Conditions, the Provider declares to be aware of the possibility for Users to leave Reviews of their experience on their Professional Profile.

The Provider recognizes that it is not permitted to terminate the collaboration based on the left reviews on their professional page.

4.1 The User assesses a company or Advertiser by giving a 1 (one) to 5 (five) rating, 5 (five) being the highest rating and 1 (one) the lowest. In addition, they will be asked to leave a short, but honest description of the received services. By leaving a review, the User accepts our General Terms and Conditions.

4.1.1 There are four (4) possibilities of leaving Reviews:

4.1.1.1 As an User that has received services from a Provider

4.1.1.2 The User considered to potentially use the services of the Provider

4.1.1.3 The User was a guest at a wedding where the Providers services where used

4.1.1.4 Other Providers that worked together on a professional base

4.2 The copying of texts or parts of other sites and / or persons is not Allowed.

4.3 Published and visible reviews that meet any of the following criteria will not be considered valid and Zankyou reserves the right to delete these from the portal.

4.3.1 where a company is accused of criminal offenses;

4.3.2 with a commercial character;

4.3.3 with racist, xenophobic, abusive, libelous and slanderous language;

4.3.4 those discriminating, hating and other unnamed criminal offenses expressions;

4.3.5 with bad / swear words;

4.3.6 with language that can damage the intellectual property rights of third parties (such as mentioning a trademark, copyrighted texts etc.)

4.3.7 containing personal data including, but not limited to address details, telephone numbers, e-mail addresses etc., including names from other people (known persons included);

4.3.8 in which other companies are unnecessarily scrapped. Obviously is one substantiated opinion allowed;

4.3.9 with sexual content;

4.3.10 with links to and messages about illegal sites and software or cracks, serial numbers, pornography and / or other offensive or prohibited material, but also to sites where downloads are offered from copyrighted material;

4.3.11 that can be proven to be revenge;

4.3.12 unreadable language use;

4.3.13 that are in conflict with legislation, regulations and / or good morals;

The Provider acknowledges that freedom of expression is important for the functionality of the ZANKYOU Portal and accepts that ZANKYOU will only delete User reviews when the review does not follow these guidelines.

4.4 ZANKYOU is in no way responsible for the consequences that the Provider may suffer from, due to a review left on their professional ZANKYOU profile. Providers do have the opportunity to leave a response to (negative) reviews on their professional profile.

ARTICLE 5 - INFORMATION REQUESTS & LEADS

5.1 Information Requests (IR’s) handled at ZANKYOU are considered business opportunities for registered Providers. There is one main difference between the accessibility of the IR’s between Premium Members and Invited Providers.

5.1.1 Premium Members (paying advertisement customers) have full Access to all leads ( IR, Check Phone, Check Website and Favourite)

5.1.2 Invited Providers (with a free and basic professional profile) have a limited access to only several IR´s per month. When the Provider's profile has reached the IR limit, the Provider has to wait and will be able to answer the IR in the following month.

To be able to access all opportunities and make use of the full possibilities, Providers are given the opportunity to upgrade to a Premium Account at any given moment.

5.2 All leads (IR’s, Check Phone, Check Website, Favourite, Message) and information about leads are received by the Provider in their ZANKYOU Inbox (further on Inbox). The data shown about the IR’s and leads are limited to what the Users are willing to share according to the privacy settings.

5.3 Communication between Providers and Users are provided through their Inbox. Providers can be notified of leads and messages through different channels such as: SMS notifications, emails (the email address with which the Provider is registered) and (push) notifications in the ZANKYOU APP for professionals. Users and Providers are always given the possibility to unsubscribe from our communications and or change the main contact information with which they are registered on ZANKYOU, given a written request to the responsible person in every country.

5.4 Leads and IR’s are generated in two different ways:

5.4.1 By phone calls from our wedding assistants with the goal of matching Users with Providers that can fulfill their needs.

5.4.2 Organic: through natural usage of the Users in our ZANKYOU Portal

5.5 ZANKYOU is in no way responsible for the outcome of received leads.

ARTICLE 6 - DISCOUNTS AND PROMOTIONS

6.1 The Provider is given the opportunity to add discounts and promotions to their Company Page with the goal of attracting Users. Only Users who are registered to ZANKYOU will be able to benefit from these promotions.

6.2 By activating a promotion on their Company Page, the Provider accepts that they are solely responsible for the promotions on their company page, and ZANKYOU will not be involved in the process.

6.3 ZANKYOU will not be held accountable for the incorrect use of the promotions from any of the parties involved

6.4 There are 3 (three) different kind of promotions the Provider can upload to ZANKYOU: Gift, Discount and Percentage. The Provider can specify a duration period for these promotions and can specify their own T&C for the Promotion. The T&C of promotions are publicly visible on Portal for the Users and ZANKYOU can not be held responsible for any false statement or wrong interpretation of the mentioned T&C’s.

6.5 ZANKYOU provides the necessary communication channels for Users to download the promotion. Promotions are only valid if Users can show downloaded promotions either in print, on the ZANKYOU App or on the Website. After a User downloads the Provider’s promotion, the Provider will be notified and will receive a lead in their Inbox.

ARTICLE 7 - PRIVACY

For more information how ZANKYOU treats and gathers personal User data please read our Privacy Policy.

ARTICLE 8 – EXONERATION OF RESPONSIBILITY

8.1 ZANKYOU tries to do everything materially possible to ensure that the Service is accessible 24 hours a day, 7 days a week; Users and Providers expressly acknowledge that it is impossible to guarantee said universal access. ZANKYOU shall be exempt from any liability, in the broadest terms allowed by applicable law, for damages of any kind that may arise due to lack of availability or continuity in the functioning of the Service, as well as for any errors in accessing the different pages on the Website and APP.

8.2 ZANKYOU reserves the right to interrupt the Service due to maintenance or upgrade work on the same.

8.3 ZANKYOU reserves the right to delete and edit at any moment and without warning from a Provider Page any content deemed to be offensive or when there is reasonable doubt as to whether it breaks the law, or if it does not comply to ZANKYOU´s quality standards.

8.4 ZANKYOU shall not be liable in any case for the content generated by the Providers on their Professional Profile and Company Page, or the content specifically shared with ZANKYOU for advertising purposes. ZANKYOU is not obliged to monitor the content to be included in the aforementioned pages.

8.5 Except for the cases described expressly in the T&C, ZANKYOU shall not be liable for damages of any kind that may arise due to a lack of accuracy, completeness, timeliness, nor for those due to errors or omissions related to the information and services contained on the Company Page.

8.6 ZANKYOU allows registered Users to input reviews and comments on the Portal. The content published is prepared either by Users or by using ZANKYOU´s own or external sources. ZANKYOU does not guarantee in any way the accuracy of the features regarding the contents and services published and is expressly exempt from any liability for damages of any kind that may result from the lack or errors in the description and characteristics of the content published. ZANKYOU periodically reviews the contents of the website, but cannot verify all of this information, so it cannot take responsibility for the contents.

8.7 ZANKYOU offers to the User links to other sites managed and controlled by thIRd parties, with the sole function of facilitating Users to search for information, content and services on the Internet web sites. ZANKYOU does not commercialize, manage , or own the content, services and information available on such linked websites , or endorse , supervise or control in any way the contents and services and any material of any nature therein , assuming the User exclusively full responsibility for navigating through them.

ARTICLE 9 - MISCELLANEOUS PROVISIONS

9.1 If any clause included in these T&C were to be declared null or void, in full or in part, said nullification or voiding would affect only that provision, or the part of the same declared null or void, and the rest of the T&C would remain in effect and said provision, or the affected part of the same, will be considered to have been excluded.

9.2 All demands, requests and other communications required from the parties in relation to these T&C shall be made in writing and they shall be understood to have been duly made when delivered in hand, either by post to the address of the other party or by e-mail to the same, or to any other postal or e-mail address indicated by each party for these purposes.

ARTICLE 10 - APPLICABLE LAW AND JURISDICTION

10.1 These T&C shall be governed by and interpreted in accordance with Spanish law.

10.2 ZANKYOU is registered in the Registro Mercantil de Madrid (Madrid Business Registry), entry no. 1/1850/242/36, with registered offices at Camino Fuente de la Mora 9, 2ª planta, 28050, Madrid, Spain.

10.3 In the case of difficulties in applying these T&C, the parties agree to seek a resolution on friendly terms before taking any legal action.

10.4 Any lawsuits that may arise related to these T&C, their interpretation and consequences, or the documents that they complement or modify, shall be submitted expressly and exclusively to the courts of Madrid, regardless of the diversity of defendant's, request for guarantees, references and experts' reports.