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Membership Terms and Conditions for buyers
The Site is owned and operated by Ziza'za (Ziza'za or we or us).
Your use of, and access to, the Site indicates your acceptance of these Terms and Conditions.
The Site and the content uploaded to the Site are available to be viewed by any person browsing the internet but only a person, who has agreed to the Membership Terms, is able to buy Products.
Once you click "I agree" you will be deemed to have agreed to the Membership Terms and a legally binding contract, incorporating those Membership Terms, will then exist between you and Ziza'za in relation to your use of the Site."
If you do not want to agree to these Membership Terms, you should navigate away from this page.
In these Membership Terms:
Buyer means a Member who buys Products made available for sale on the Site.
Exclusive Seller means a Member who makes Products available for sale exclusively on the Site.
General Seller means a Member who makes Products available for sale non-exclusively on the Site.
Seller means a General Seller and an Exclusive Seller.
Member means a person who is registered as a Member by completing and submitting the Membership application, accepts these Membership Terms and that application is accepted by Ziza'za.
Member Account has the meaning given to that term in clause 10.
Member Ledger has the meaning given to that term in clause 11.
Payment Agent means any payment agent approved by Ziza'za from time to time including, but not limited to ION Bill.
Products mean products available for sale on the Site including, but not limited to, web templates, Content Management System themes and other forms of stock content in the form of creative digital computer files.
In these Membership Terms, a reference to "we" or "us" means Ziza'za and a reference to "you" or "your" means a Member.
You may only become a Member if you are 18 years or over.
You do not have an automatic entitlement to Membership and Ziza'za may, at its sole discretion, elect to:
- refuse your application to become a Member; or
- once Membership is granted, suspend, terminate or restrict your Membership at any time.
Ziza'za is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time.
Your Membership is non transferable.
Once Membership is granted you will only be able to access all areas of the Site with use of the username and password you set up at the time you become a Member.
You are responsible for each and every access or use of the Site that occurs in conjunction with use of your username and password.
Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Site. You must use all reasonable efforts to keep your username and password confidential.
You must not allow any third party to access the Site using your username and password and make use of the Site on your behalf.
You must notify Ziza'za in writing as soon as you become aware of any unauthorized use of your Member Account, username or password by emailing firstname.lastname@example.org.
You acknowledge and agree that you are liable for, and will indemnify Ziza'za, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Site as a Member.
2. Benefits conferred by Membership
By being registered as a Member, you are entitled to:
- buy Products from other Members;
- participate in online forums and chats;
- generally make use of the Membership section of the Site; and
- participate in the referral program as described in clause 13
- but subject to these terms and conditions.
A reference in these Membership Terms to ‘buying’ of a Product means the acquisition or grant of a license or other right to use a Product.
3. Ziza'za’s Role
The Site is online facility that allows you to buy Products.
Ziza'za does not have any control over, and does not take any responsibility for, the quality, safety or legality of any Products downloaded by you from the Site.
Ziza'za does not warrant that the Products or any content, code, data or materials downloaded from the Site does not infringe the intellectual property rights of a third party.
4. Availability and Use of the Site
The Site will usually be available 24 hours a day, seven days a week or as otherwise stated on the Site. Ziza'za may, in its absolute discretion, and for any reason, and at any time, with or without notice:
- interrupt or suspend your right to access the whole or any part of the Site; and/or alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Site.
You agree that Ziza'za will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.
When accessing the Site (as a Member) and using the content and/or the services available on the Site, you must also comply with any directions, instructions or protocols posted on the Site from time to time.
5. Fees and Services
You do not have to pay a fee to become a Member.
As a Buyer of a Product, you will pay a fee to buy the right to use that Product in accordance with clause 12.
All payments by Buyers on the Site must be paid through a Payment Agent.
You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the Site wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
All prices on the Site are expressed in US Dollar, which is the currency of the United States of America. Payment will be made in US currency and accordance with the rules of the applicable Payment Agent.
You can use our bonus system according to the "Bonus system terms and conditions" which are available on our Site. This will allow buying products in bonuses if the seller added this option to his product.
The Buyer is responsible for all costs of currency conversion from his or her preferred currency to the US Dollar, which in turn will be converted to the Ziza'za Credit at time of purchase at no cost to the Buyer.
6. Member Information
In the course of your application for Membership and your use of the Site, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.
Any Member Information that you disclose may be used by Ziza'za, its agents and contractors in relation to the provision of services accessible on the Site, including marketing activities in relation to the Site.
7. Proprietary Rights
Ziza'za, its licensors, advertisers or affiliates own all:
- the content of the Site (other than Products which are owned by Members who offer them for sale on the Site);
- the look and feel, design and the organization of the Site;
- the compilation of the materials on the Site; and
- the intellectual property rights (if any) subsisting in the works.
Your use of the Site does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting in any of those things.
Ziza'za respects the intellectual property rights of others. Ziza'za requires that you do the same.
8. Trade Marks
The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Site is, unless otherwise stated, the registered and unregistered Trade Marks of Ziza'za and others.
A Trade Mark may not be used by you without the approval of its owner.
Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trade Mark displayed on the Site without the written permission of its owner.
9. Confidential Information and Privacy
Ziza'za does not warrant or represent that your use of the Site will be confidential.
Ziza'za is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Site.
While Ziza'za has taken precautions to protect information that you transmit to the Site over the internet, Ziza'za does not warrant the security of that information. Once Ziza'za receives your transmission, Ziza'za will take reasonable steps to preserve the security of such information.
You must not disclose any confidential information made available to you through the Site.
When using the Site or dealing with other users of the Site you must respect the privacy and legal rights of other Members.
If a Member provides you with (or your Product accesses or uses) user-names, passwords or other login information or personal information of the Member (Personal Information) you must:
- make the Member aware that the Personal Information will be available to you; and
- ensure that, by proceeding to transact with you, the Member is giving you permission to use the Member’s Personal Information; and
- provide a privacy notice to the user, recording the manner in which the Personal Information will be handled by you, that is legally sufficient; and
- use the Personal Information for the limited purposes for which the Member gave permission; and
- handle the information in accordance with the terms of the privacy notice.
Without limiting the generality of the foregoing, if the user provides you information about the Member’s Member Accounts, you may only use that information to access the Member’s Member Accounts when, and for the limited purposes for which, the user gave permission for you to do so.
10. Member Accounts
When your application for Membership is accepted by Ziza'za, you will have a single account that is accessible by you from the Site (Member Account). Among other things, through your Member Account, you will be able to access a ledger which records payments by you to Ziza'za as a Buyer.
11. Payments from Member Ledger
You can make a payment into your Member Ledger by credit card or using the services of a Payment Agent.
You authorize Ziza'za to:
- on your direction, debit monies from your Member Ledger, to pay for Products you buy at a Site;
- credit to your Member Ledger any Referral Commissions earned from referring new Members to the Site (in accordance with clause 13).
Ziza'za is not a licensed financial service provider, nor does it conduct the business of banking in the USA and Ziza'za provides its services as a cashier using a payment processing service rather than a banking service as defined in the Banking Act 1959 (Cth).
Ziza'za is not providing a financial product or service and nor is it acting as a fiduciary or an escrow with respect to your funds.
Any monies that you deposit into your Member Ledger must be used to pay for Products you buy on the Site.
Ziza'za will not refund any monies that you deposit into your Member Ledger as a Buyer. Any monies that you deposit into your Member Ledger as a Buyer, that are not used for a period of 12 months, will be forfeited to Ziza'za.
However, if you make a new deposit into your Member Ledger, before forfeiture of any unutilized previously made deposits, the whole of the balance of your Member Ledger (comprising both the new deposit and the balance of the previous deposit) will be available for use by you for a period of 12 months from the date of the new deposit but to the extent it is not used after the expiration of 12 months will be forfeited to Ziza'za.
Ziza'za may, but is not obliged to, warn you about the forfeiture before it occurs.
No refund is required or allowed on Products that can be previewed by the Buyer.
Ziza'za will pay to you Referral Commissions earned by you to the following conditions:
- If you have earned less than $50 in Referral Commissions in the period of 12 months from the date on which Ziza'za last paid out monies standing to your credit in your Member Ledger (whichever is more recent), Ziza'za will pay the balance of your Member Ledger to you – but only if paid by Ziza'za through a Payment Agent (and in no other manner).
If you have earned more than $50.00 in the period of 12 months from the date on which Ziza'za last paid out monies standing to your credit in your Member Ledger (which ever is most recent), Ziza'za will pay a minimum of $50.00 if through a Payment Agent (and in no other manner).
If the amount requested is greater than $500.00, Ziza'za will transfer the amount, if requested, by way of electronic funds transfer.
Ziza'za will not pay any Referral Commissions standing to your credit in your Member Ledger which are less than $50.00 in total but you may use this to buy Products.
12. Buying Products
When you buy a Product, you acquire a license to use that Product.
Depending on the use you want to make of a Product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen, the correct license to meet your requirements.
If you buy a Product, you do so on the following terms:
- you cannot cancel an order for a Product once the order has been submitted;
- once your order for a Product is accepted, and you pay the fee, you acquire a non exclusive, non transferable license to use the Product in accordance with the conditions of the license that you acquire;
- ownership of the Product remains with the Seller;
- the Product may not be re-sold by the Buyer; and
- payment of the fee will be made at the time of download by deduction from your Member Ledger.
You acknowledge and agree that despite Ziza'za’s reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Ziza'za reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Ziza'za will immediately arrange for any payment to be refunded.
Due to the digital nature of the Products offered for sale at the Site, we maintain a “no refunds” policy for Products which can be previewed by the Buyers. A Buyer may make a claim for refund if a Product is one that cannot be previewed (such as WordPress themes, Adobe After Effect Projects, applications) and the Buyer asserts that the Product is not as described, or is broken or is corrupt. The deadline for a Buyer making any refund claim is 30 calendar days after purchase and this claim must be made to Support (email@example.com). We will verify the validity of the claim before a refund is approved.
If you refer a new Member to the Site you will receive a commission equal to 30% of that new Member’s first cash deposit or first purchase. (Referral Commission).
You automatically have a referral code generated using your username. This code is available on the Referral Page.
New Members referred via your referral link are eligible if they:
- have cookies enabled on their browser;
- do not clear their cookies;
- have not been previously referred by another Member;
- have been referred via an external site and not through a Ziza'za site; and
- make a cash deposit or purchase within three months of the referral.
You may not refer new Members by:
- purchasing a domain name, search engine keyword or pay-per-click advertisement that use any Ziza'za trademarks and/or variations and misspellings thereof; or
- sending unsolicited email or other messaging that in any way may constitute spam;
- engaging in any conduct that would amount to a breach of any laws including, but not limited to, privacy, intellectual property and spam; and
- engaging in any conduct that is directly or indirectly in contravention of any direction given to you by Ziza'za or these Membership Terms.
Ziza'za reserves the right, in its absolute discretion, to determine whether or not your use of the referral program complies with any applicable laws and/or these Membership Terms.
Ziza'za’s determination as to whether or not your use of the referral program is in breach of any applicable laws and/or these Membership Terms is final and binding.
If Ziza'za determines that you have not complied with any applicable laws and/or these Membership Terms, Ziza'za will disable your Member Account and withhold all Referral Commissions that may be payable by Ziza'za to you at the time it becomes aware of your failure to comply.
14. Prohibited Conduct
You warrant that while using the Site and the various services and features offered on or through the Site, you will not:
- use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
- attempt to gain unauthorized access to other computer systems through the Site.
You must not:
- engage in "spidering", "screen scraping," "database scraping", harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site;
- obtain or attempt to obtain unauthorized access to computer systems, materials or information through the Site by any means;
- use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
- use the Site, content or services offered on the Site for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
- use the Site to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Site;
- use any mechanism, device software or script to affect the proper functioning of the Site including taking any action which may infect the Site with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
- take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Site or networks connected to the Site;
- use the Site or the Site’s services or features in violation of Ziza'za’s or any third party’s intellectual property or other proprietary or legal rights; or
- use the Site or the Site’s services in violation of any applicable law.
You further agree that you must not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’ services, or any content of the Site or any of its domains, or make any unauthorized use of the Site or the Site’ services or any content of the Site or any of the domains of the Site.
You agree that you must not use the Site in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Site or any of its services.
You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
Ziza'za reserves the right, in its absolute discretion, to determine whether or not your use of the Site or content or services available on the Site complies with these Membership Terms.
Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from Ziza'za.
Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Site.
15. Linking to the Site
You agree that if you include a link from any other web site to one or more of the Site, such link must link to the full version of an HTML formatted page of the relevant Site.
You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another site.
You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed”, surrounded or obfuscated by any third party content, materials or branding.
We reserve all of our rights under the law to insist that any link to any of the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
16. Third Party Sites
You may be able to link from the Site to third party web sites and third party web sites may link to the Site (Linked Sites). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Site, even if they are owned or run by affiliates of ours.
The inclusion of a link to a Linked Site on a Site does not constitute or indicate any relationship between Ziza'za and the operator of that Linked Site or any endorsement or sponsorship by Ziza'za of that Linked Site.
Ziza'za disclaims any liability for links:
- from another web site to any of the Site; and
- to another web site from any of the Site.
Ziza'za is not responsible for any form of transmission received from any Linked Site.
17. Third Party Developers
Ziza'za is aware that third party developers offer applications for use in conjunction with the Site and that use of these applications may require you to disclose confidential information (such as your Ziza'za password and user name).
While welcoming the contribution made by these third party developers Ziza'za is not able to, and does not, warrant or endorse those applications and cannot be responsible for any interaction between you and a third party developer. Ziza’za disclaims any liability so arising.
You will need to form your own view of the benefits to be derived from using any such applications and the reliability and trustworthiness of the third party developer.
The Trade Practices Act 1974 (Cth) and similar state and territory legislation in the USA may confer rights and remedies on you in relation to the provision goods or services on the Site which cannot be excluded, restricted or modified by Ziza'za (Non-excludable Rights).
Ziza'za does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all content and services on the Site is provided “as is” and without warranties of any kind, either express or implied;
- Ziza'za and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- Ziza'za does not warrant that the functions contained in any content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits content to you are free of viruses or any other harmful components; and
- Ziza'za does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Ziza'za) will Ziza'za or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site.
To the fullest extent permitted by law, Ziza'za’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Ziza'za to the following:
- in the case of services supplied or offered by Ziza'za:
- the supply of the services again;
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Ziza'za:
- the replacement of the goods or the supply of equivalent goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods.
19. Indemnification and Release
You are solely responsible (and agree that Ziza'za has no responsibility to you or to any third party for) for, and you agree to indemnify and hold harmless Ziza'za (as well as Ziza'za’s affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:
- your use of the Site;
- any Products you buy through the Site
- your placement or transmission of any Product, message, content, information, software or other materials through the Site;
- your breach of any applicable related third party contract or terms of service
- your breach of the law or of these Membership Terms.
Ziza'za reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Ziza'za’s defense of such claim.
20. Changes to Membership Terms
Ziza’za may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Site from time to time and at any time without notice to you.
Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Site. It is your responsibility to check for these notices.
Your continued use of the Site and/or the content or services made available on or through the Site after any changes to the Membership Terms are posted will be considered acceptance of those changes.
21. Relationship between the Parties
Nothing in these Membership Terms:
- constitutes a partnership between the parties; and
- except as expressly provided, makes their party an agent of another party for any purpose.
A party cannot in any way or for any purpose:
- bind another party; or
- contract in the name of another party.
If a party must fulfill an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.
22. Suspension or Termination
Ziza'za may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:
- you breach these Membership Terms or any other terms and conditions, agreements or rules governing the Site;
- Ziza'za is unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Site; or
- Ziza'za believes that your actions may cause legal liability for you, our other Members or us.
Should Ziza'za elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Site temporarily or permanently. In either case, you must not apply for a new Member account.
Any notice given in accordance with these Membership Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices. A notice will be deemed to have been given on the date of delivery.
24. Applicable Laws
If you make use of the Site, or the Products, content, code, data or materials on the Site or available through the Site, except as otherwise provided for in these Membership Terms, you may breach intellectual property laws (including copyright) and other state and federal laws of the United States of America and other countries and may be subject to liability for such unauthorized use.
We control and operate the Site from our offices in the USA. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The law of the USA governs these Membership Terms. Each of Ziza'za and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the USA.