Language related to Zai`s Privacy Policy and Terms of Use: [Platform Seller] acknowledges that Zai provides services to the [Platform Seller] for the collection of the Transaction Product (less the Platform Fee payable to the [Customer]) in connection with one or more Transactions. By selling on www. [Customer].com agrees [Platform Seller] that Zai may collect personal data [of the Platform Seller] from the [Customer] or the financial institution involved in the transaction in order to provide services to the [Platform Seller]. If personal data is not provided, Zai may not be able to collect the proceeds of the transaction for the [Platform Seller]. Zai may share the [Platform Seller`s] personal data with a service provider in order to verify the identity of the [Platform Seller] or to enable Zai to provide the Services. Disclosure to service providers may include those who are located abroad or who may host or access your personal information abroad. The countries to which we may transfer, disclose or store [the Platform Seller`s] personal data are: the United States of America, the United Kingdom, New Zealand, the Philippines and Singapore. If information is transferred, disclosed or stored overseas, Zai will attempt to ensure that the recipient has security systems in place to prevent misuse, loss or unauthorised disclosure in accordance with Australian law. Zai may also use [the Platform Seller`s] personal data for other purposes such as marketing and advertising of our products and services, market research and development, customer communications and surveys, direct marketing, statistical information and data analysis. If [Platform Seller] wishes to opt out of receiving direct marketing, [Platform Seller] may contact Zai at support@assemblypayments.com. A copy of Zai`s privacy policy can be found at www.hellozai.com/company/policies/privacy-policy.
………………………………………………………………………………………………………… By selling items to [Customer].com, Seller also agrees to be bound by Zai`s Terms of Use, which are located at: www.hellozai.com/company/policies/end-user-agreementPlease read Zai`s Terms of Use in their entirety and note in particular that Zai or any of its agents are not responsible for refunds or reversals of transactions and that [Platform Seller] is not responsible for losses (such as this one). Term defined in Zai`s Terms of Use) arising out of or in connection with [ Use of Zai`s Services by the Seller of the Platform. If Zai`s disclaimer is unenforceable for any reason, Zai`s maximum aggregate liability arising out of or in connection with any claim (or series of related claims) arising out of or in connection with Zai`s services to [Platform Sellers] shall not exceed the total amount of 100% of the fees (as that term is defined in Zai`s Terms of Use), received in connection with transactions [Platform Seller] during the 12-month period preceding the date. these claims will be made. In no event shall Zai be liable for any loss of profits, data or indirect, punitive, incidental, special, consequential or exemplary damages arising out of, in connection with or in connection with the Services. Customer`s failure to include this language in its Platform Agreement will result in a breach of Customer`s obligations under this Agreement. 1.11 “Services” means all services related to the OneSpace Platform that the Company may accept for the Subscriber under this Agreement, including (by way of example) configuration services, training services, development and provision of custom functions or functions, user interface customizations and new integrations with third parties. The Services will only be provided in accordance with a service order executed jointly by the parties. 1. Definitions 1.1 “Customer Assets” means Customer`s assets (including any adaptations thereof) provided by Customer or its agents for synapse and/or otherwise uploaded to the Syndeca Platform by Customer or on behalf of Customer, including, but not limited to, trademarks and service marks, images, images, videos, HTML, Customer`s products and/or service descriptions, or other marketing or pricing data or any other written and digital content or information provided to Synapse by Customer, its agents or systems 1.2 “Customer`s Products and/or Services” means Customer`s products and/or services that Customer wishes to promote through the Online Services.
1.3 “Consumer” means the consumer or potential consumer of the Customer`s products and/or services. 1.4 “Online Services” means the Online Services provided by Synapse over the Internet using the Syndeca Platform, as specified in the Statement of Work, which are mutually performed by the parties referring to this Agreement. 1.5 “Professional Services” means the professional services to be provided by Synapse, which are identified and described in a mutually agreed service description of the parties that refers to this Agreement. 1.6 “Digital Publication” means all digital catalogues, lookbooks, flyers, letters or other publications developed hereunder using the Syndeca Platform and Customer Assets created under this Agreement to promote Customer`s Products and/or Services. 1.7 “Services” means the online services and/or professional services specified in a Statement of Work to be provided by Synapse hereunder. 1.8 “Syndeca Platform” means the software platform as a service and the technology underlying synapse (including software, hardware, firmware or other technologies or software of the Platform, as well as any modifications, updates or upgrades thereto) used by Synapse to provide services (online services and/or professional services specified in the description of the relevant service). 1.9 “Statement of Work” or “Specifications” means a statement of work or specification attached to this document or otherwise performed by the Customer and Synapse that contains the Online Services and/or professional services to be provided by Synapse to the Customer as well as any obligations or specifications of the Customer, associated fees and other details agreed upon by the parties agreed to therein, Described. Customer contact – reputation and regulatory issues. Direct interaction between the digital platform provider and the company`s customers requires additional contractual safeguards from both a reputation and regulatory perspective.
For example, the digital platform provider can handle complaints received directly from the company`s customers. To facilitate use, it may be useful to have these complaints handled by the provider. However, the Company must ensure that the Agreement contains obligations to deal with complaints that comply with both (1) the Company`s Complaint Policy and (2) all laws and regulations that may apply to the Company (for example. B if the Company is subject to consumer protection regulations). The Company may also wish to provide for a right to terminate the Contract as a last resort if the Supplier behaves in a manner that could affect the Company`s reputation. 6.3 Company. The Company represents and warrants to the Subscriber that the OneSpace Platform (as opposed to its use by the Subscriber in violation of this Agreement) will not infringe, infringe or abuse the intellectual property rights of any third party or (y) will not violate any applicable law, rule or regulation. The Company further represents, warrants and undertakes to provide the Services in a professional and professional manner consistent with the quality of other world-class SaaS providers in similar industries.
Subscriber`s sole remedy and company`s exclusive liability for any breach of the representations and warranties set forth in this Section 6.3 shall be, at The Company`s option, (i) the Company`s provision of non-conforming Services to conform, or (ii) termination of the applicable Service Order to the extent that it relates to such non-conforming Services; and the reimbursement of a proportionate amount of the fees paid under this Service Order to the extent that such amount relates to such non-conforming services. In addition, the Company must always negotiate rights to (1) retrieve its data at any time upon request in a usable format and (2) obtain termination assistance to facilitate a smooth transition to another digital platform in the event of termination or expiration of the contract. Agency. Digital platform providers may have additional marketing, promotion, and resale responsibilities to promote the platform that go beyond operating the platform. .