ZELLAR LTD
TERMS OF USE & ACCEPTABLE USE POLICY

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM

What's in these terms?

These terms tell you the rules for using our platform (located at our website www.zellar.com (together referred to in these terms as "the Platform").

Click on the links below to go straight to more information on each area:

Who we are and how to contact us

www.zellar.com is a platform operated by Zellar Ltd (we, us, our). We are a private limited company registered in England and Wales under company number 10193629 and have our registered office at Aviation House, 125 Kingsway, London, WC2B 6NH. Zellar is part of the Zellar group of companies comprising Zellar Holdings Limited and its subsidiaries (the Zellar Group).

To contact us, please email contact@zellar.com or use our chat tool on the Platform.

By using the Platform you accept these terms

By using the Platform, you confirm that you accept these terms of use (which includes our Acceptable Use Policy) and that you agree to comply with them.

If you If you do not agree to these terms, you must not use the Platform.

There are other terms that may apply to you

These terms of use refer to our Privacy Notice and Cookie Policy. See further under How we may use your personal information.

Our Terms and Conditions of Business will apply to the services we offer through the Platform.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use the Platform, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to the Platform

We may update and change the Platform from time to time to reflect changes to our services, our users' needs and our business priorities.

We may suspend or withdraw the Platform

We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. Except where we have permitted you to share the username and password within your organisation, you must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you (or another permitted person within your organisation) knows your username or password, you must promptly notify us at contact@zellar.com.

How you may use material on the Platform

We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal use and you may draw the attention of others within your organisation to content posted on the Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.

You must not use any part of the content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Platform in breach of these terms of use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information on the Platform

The Platform provides a service where you can obtain information from suppliers of services/products and where a transaction between you and such suppliers for the provision of those services/products may be facilitated.

In providing our service we are not recommending or endorsing any supplier or any services/products. It is your responsibility to ensure that any products, services or information available through the Platform meet your specific requirements and no warranty is given by us in this respect.

When you enter a transaction with a supplier for the provision of services/products, you are contracting directly with that supplier (and not with us). You are responsible for fulfilling the terms of any contract you make with a supplier.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

Although we make reasonable efforts to update the information on the Platform , we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.

We are not responsible for websites we link to

Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources and shall not be responsible for their accuracy.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which are set out in our Terms and Conditions of Business.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to the Platform or any content on it.

  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use, the Platform;

    • use of or reliance on any content displayed on the Platform;

    • any failure or delay in the provision of any services by a supplier to any user;

    • any use or reliance on any information obtained through the Platform using the services provided by the Platform (including, without limitation, any information relating to services/products provided by a supplier); or

    • any transaction or agreement between the user and any supplier.

  • In particular, we will not be liable for:

    • loss of profits, sales, business, or revenue;

    • business interruption;

    • loss of anticipated savings;

    • loss of business opportunity, goodwill or reputation; or

    • any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide the Platform for your domestic and private use. You agree not to use the Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights to access our site.

Uploading content to the Platform

Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other users of the Platform, link to the Platform or interact with the Platform in any other way, you must comply with the content standards set out in our Acceptable Use Policy set out below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Our site may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us on contact@zellar.com.

ACCEPTABLE USE POLICY

These terms of acceptable use set out the content standards that apply when you upload content to the Platform, make contact with other users on the Platform, link to the Platform or interact with the Platform in any other way.

Prohibited uses

You may use the Platform only for lawful purposes. You may not use the Platform:

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

  • To bully, insult, intimidate or humiliate any person.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Platform in contravention of the provisions of these terms of use;

  • not to access without authority, interfere with, damage or disrupt:

    • any part of the Platform;

    • any equipment or network on which the Platform is stored;

    • any software used in the provision of the Platform; or

    • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on the Platform, including, without limitation:

  • 121 chat function with Zellar; and

  • 121 chat function with suppliers.

(interactive services.)

Where we do provide any interactive service, we will provide clear information to you about the kind of service of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will not monitor the 121 chat function with suppliers. In addition, any information and/or materials provided by suppliers as part of the 121 chat function with suppliers will not be verified or approved by us.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to the Platform (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Zellar Ltd will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).

  • Be genuinely held (where it states opinions).

  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.

  • Be obscene, offensive, hateful or inflammatory.

  • Bully, insult, intimidate or humiliate.

  • Promote sexually explicit material.

  • Promote violence.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trade mark of any other person.

  • Be likely to deceive any person.

  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Promote any illegal content or activity.

  • Be in contempt of court.

  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person.

  • Give the impression that the Contribution emanates from Zellar Limited, if this is not the case.

  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

  • Contain any advertising or promote any services or web links to other sites.

Breach of the acceptable use policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use the Platform, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Platform.

  • Immediate, temporary or permanent removal of any Contribution uploaded by you to the Platform.

  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action against you.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Rights you are giving us to use content you upload

When you upload or post content to the Platform, you grant us (and other users of the Platform) the right to use that content.

Any content you upload to or post on the Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but when you upload or post content to the Platform, you grant us and other users of the Platform a worldwide, perpetual, non-exclusive, transferable licence to use, reproduce, distribute, make available to third parties, store, prepare derivative works of, display and perform that user-generated content in connection with the services provided by the Platform and across different media.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on the Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Platform. You should use your own virus protection software.

You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.

Rules about linking to the Platform

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Platform in any website that is not owned by you.

The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on the Platform other than that set out above, please contact contact@zellar.com.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that it you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and, if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

"ZELLAR" and "BE THE CHANGE" are registered trade marks of the Zellar Group. You are not permitted to use any of our registered trade marks without our approval, unless they are part of material you are using as permitted under How you may use material on the Platform.