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Mon, 21 August 2017 - 17:36:55

Service Terms

Welcome to Zeezaw, a web-based price-monitoring service provided by Objective Software Services Limited, which is a company incorporated in England with registered number 2892148, having its trading address at 1, Glasdrum Avenue, Fort William, Scotland PH33 6QS ("OSS") and trading as Zeezaw ("we", "our" or "Zeezaw"), in relation to the website at www.zeezaw.co.uk.

If you continue to browse or otherwise make use of this website you are agreeing to comply with and be bound by the following terms and conditions ("Service Terms"), which together with our Privacy Policy govern our relationship with you in relation to this website, whether or not you register as a Zeezaw user.

  1. Interpretation
    1. In these Service Terms, unless the context otherwise requires, the following expressions shall have the meanings given opposite each expression:
      "Confirmation Email
      means a written acknowledgement issued and executed by the Service Provider and sent to the User by email.
      "Contract"
      means the User's request for the Zeezaw Services through the submission of a Registration Form, when accepted by the Service Provider in accordance with clause 2.2.
      "Document"
      includes, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.
      "Intellectual Property Rights"
      means all patents, rights to inventions, copyright and related rights, trade marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
      "Registration Form"
      means the request delivered to the Service Provider by the User for the provision of Zeezaw Services in accordance with Clause 6.
      "Service Provider"
      means Objective Software Services Limited, a company registered in England and Wales under company number 2892148, whose principal trading address is at 1, Glasdrum Avenue, Fort William, Scotland PH33 6QS.
      "User"
      means you, as an individual who requests Zeezaw Services from the Service Provider.
      "Wish List"
      means a list of certain products available from the on-line retailer Amazon, which the User is interested in purchasing or receiving.
      "Website"
      means www.zeezaw.co.uk.
      "Zeezaw Services"
      means the provision of a price-monitoring service provided by the Service Provider under the Contract, relating to one or more Wish Lists identified by the User, together with any other services which the Service Provider provides or agrees to provide to the User.
    2. In these Service Terms unless the context otherwise requires:
      1. references to the singular include the plural and vice versa;
      2. references to Clauses are to clauses in these Service Terms;
      3. references to individuals include that person's legal and personal representatives, successors and permitted assigns;
      4. headings for Clauses are inserted for convenience only and shall not affect the construction or interpretation of these Service Terms; and
      5. references to statutes and/or regulations include any amendment, re-enactment, consolidation or replacement to or of the same and all subordinate legislation for the time being in force.
  2. Application of Service Terms
    1. These Service Terms shall:
      1. apply to and be incorporated into the Contract; and
      2. prevail over any inconsistent terms or conditions implied by law, trade custom, practice or course of dealing.
    2. Any offer made by the User, in the Registration Form or otherwise, to receive Zeezaw Services may only be accepted by the Service Provider by a Confirmation Email, when a contract for the supply of those Zeezaw Services on these Service Terms will be established. The User's standard terms and conditions (if any) attached to, enclosed with or referred to in any Registration Form or any other Document shall not be (or be deemed to be) included in the Contract.
  3. Commencement and Duration
    1. The Zeezaw Services supplied under the Contract shall be provided by the Service Provider to the User from the date on which the Service Provider sends a Confirmation Email.
    2. The Zeezaw Services supplied under the Contract shall continue to be supplied for such period as may be specified in the Confirmation Email, and shall then cease if not renewed by agreement between the User and the Service Provider.
  4. Service Provider's obligations: exclusion and limitation of liability
    1. The Service Provider shall use all reasonable endeavours to provide the Zeezaw Services for so long as the User complies with its obligations under these Service Terms, or until the Contract is terminated whether by expiry in accordance with Clause 3.2 or in accordance with Clause 12.
    2. The Service Provider shall have no liability for failure of the Zeezaw Services to the extent that any such failure is caused by any of the User's systems or software, or those of any third party. Neither the Service Provider nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. The User acknowledges that such information and materials may contain inaccuracies or errors and that the Service Provider expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
    3. The User's use of any information or materials on the Website is entirely at the User's own risk, for which the Service Provider shall not be liable. It shall be the User's responsibility to ensure that any products, services or information (which the User decides to procure or access through a third party website) do in fact meet the User's specific requirements.
  5. User's obligations
    1. The User shall:
      1. co-operate with the Service Provider in all matters relating to the Zeezaw Services;
      2. obtain and maintain at its own expense all necessary licences and consents which the User may require (if any) in relation to the Zeezaw Services, before the date on which the Zeezaw Services are to start;
      3. ensure that the Registration Form includes the correct contact email address for the User; and
      4. use the Website to indicate clearly, in the relevant Wish List accessed via the Website, the maximum price which the User would be willing to pay for any specific product identified in the relevant Wish List.
    2. If the Service Provider's performance of its obligations under the Contract is prevented or delayed by any act or omission of the User, or his/her agents or sub-contractors, the Service Provider shall not be liable for any costs, charges or losses sustained or incurred by the User arising directly or indirectly from such prevention or delay.
    3. The User shall not use the Website:
      1. in any way that breaches any applicable local, national or international law or regulation; or
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
      3. for the purpose of harming or attempting to harm minors in any way; or
      4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Service Provider's content standards detailed below; or
      5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      6. 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; or
      7. to reproduce, duplicate, or otherwise exploit commercially any part of the Zeezaw Services; or
      8. to access without authority, interfere with, damage or disrupt;
        1. any part of the Website; or
        2. any equipment or network on which the Website is stored; or
        3. any software used in the provision of the Website; or
        4. any equipment or network or software owned or used by any third party; or
        5. to infringe any applicable laws, regulations or third party rights (for example by using the Website to collect or link to material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights).
    4. The User acknowledges that the Service Provider has no control over any content placed on the Website by visitors and does not purport to monitor the content of the Website. The Service Provider reserves the right to remove content from the Website where it reasonably suspects such content is inappropriate content.
    5. The User shall indemnify the Service Provider against all damages, losses and expenses arising directly or indirectly as a result of any action or omission of the User, and/or any claim that any material posted to, or linked to, the Website by the User constitutes inappropriate content.
  6. Registration Form
    1. Any request for the provision of Zeezaw Services by the User shall, unless otherwise agreed, be through the submission of a Registration Form to the Service Provider.
    2. No Registration Form will be deemed accepted until the Service Provider has sent a Confirmation Email.
  7. Zeezaw Services and payment
    1. The User is permitted to use the Website and to receive the Zeezaw Services without payment subject to these Service Terms.
    2. The Service Provider offers the service of automated price-monitoring of one or more Wish Lists, so as to identify when/if the price at which a product is available matches the User's target price. The Service Provider's involvement is only in providing the Zeezaw Services and the User is entirely responsible for deciding whether or not to purchase goods from the third party hosting the relevant Wish List (who will then pay a commission to the Service Provider).
    3. No contract for the purchase/sale of goods will be formed between the Service Provider and the User. Contracts for the purchase of goods are governed by the third party seller's terms and conditions of sale of goods. The User agrees to be responsible for making all payments due to the third party seller in accordance with the seller's terms and conditions of sale.
  8. Consumer rights
    1. If the User is contracting as a Consumer (as defined in the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and Consumer Protection (Distance Selling) Regulations 2000), the User may cancel the Contract at any time within seven working days, beginning on the day after the User first starts to receive the Zeezaw Services. The User may also cancel the Contract at any time thereafter.
    2. To cancel the Contract the User must notify the Service Provider using the "cancel membership" button on his/her "my account" page via the Website.
    3. No provision of these Service Terms will adversely affect the rights of any Consumer, as defined in the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and Consumer Protection (Distance Selling) Regulations 2000.
  9. Intellectual property rights
    1. As between the User and the Service Provider, all Intellectual Property Rights in the Website and the Zeezaw Services shall be owned by the Service Provider. The Service Provider does not purport to licence, sell or assign such rights in any way to the User.
  10. Limitation of liability
  11. THE USER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE
    1. This Clause 10 sets out the entire financial liability of the Service Provider (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the User in respect of:
      1. any breach of the Contract;
      2. any use made by the User of the Zeezaw Services; and
      3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
    2. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Service Provider, hereby expressly excludes:
      1. all conditions, warranties and other terms which might otherwise be implied by statute or common law; and
      2. any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for delay in notification to the User of an opportunity to purchase a product at a certain price, loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    3. The Service Provider does not exclude any liability for death or personal injury arising from the Service Provider's negligence, nor any liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
  12. Data Protection
    1. The User acknowledges and agrees that the User's name, address and any other personal data disclosed by the User will be processed by and on behalf of the Service Provider in connection with the Zeezaw Services in accordance with the Privacy Policy.
    2. If the User decides to cancel the Contract in accordance with Clause 8.2, or if the Service Provider terminates the Contract in accordance with Clause 12, the User acknowledges and agrees (i) that the Service Provider may retain the User's personal data and process it as necessary for a period not exceeding six months after the date on which the Contract terminates, and (ii) that the Service Provider may destroy its record of the User's personal data at any time after the date on which the Contract terminates, and shall do so on or before the end of the six-month period referred to above.
  13. Termination
    1. Without prejudice to any other rights or remedies which the parties may have, the Service Provider may terminate any Contract without notice and without liability to the relevant User if, in particular, but without limitation:
      1. that User commits a material breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of the User being notified in writing of the breach; or
      2. the User makes any arrangement or composition with his/her creditors, or makes an application to a court of competent jurisdiction for the protection of his/her creditors in any way; or
      3. the User ceases, or threatens to cease, to trade; or
      4. the User transmits, sends or uploads inappropriate content on the Website.
    2. On termination of the Contract for any reason the accrued rights of the Service Provider as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.
  14. Force majeure
    1. The Service Provider shall have no liability to the User under the Contract if the Service Provider is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Service Provider or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Service Providers or sub-contractors.
  15. Severance
    1. If any provision (or part of a provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, it shall be deemed deleted, and the other provisions of the Contract will remain in force.
    2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were amended, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
  16. Status of pre-contractual statements
    1. Each of the parties acknowledges and agrees that, in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these terms and conditions or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.
  17. Assignment
    1. The User shall not, without the prior written consent of the Service Provider, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
    2. The Service Provider may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
  18. No partnership or agency
    1. Nothing in the Contract is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
  19. Governing law and jurisdiction
    1. The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
    2. The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.

Last updated: October 2009.