User and reseller terms and conditions

1. Users

By visiting and using this website SailZoo.com you accept the following terms and conditions:

1.1. Reseller interactions and responsibilities
If you contact a merchant through our site, your relationship is solely between you and the merchant. You agree that you cannot hold SailZoo liable for any loss or damage arising from any dealings with merchants or from the content provided by those merchants on SailZoo.

1.2. Content
The information made available on the website is for information purposes only and therefore does not constitute a business relationship between you and SailZoo. You may not copy, reproduce, distribute, modify, create derivative works from, sell or otherwise exploit the website or its content. 

To report an error or if you have any questions, please contact us via info@sailzoo.com.

1.3. Offers
As a user, you can use our "get a quote" feature on SailZoo.com. 

SailZoo cannot guarantee that it is possible to find a service provider or company that is able to solve or accept your boat task.

SailZoo cannot be held responsible in disputes between user and service provider or other company. The responsibility lies solely with the performing company/service provider if a user is not satisfied with a completed task.

2. Dealers

2.1. Obligations
SailZoo agrees to create, develop and host the link that will give users direct access to a landing page. The type, content, method of operation, location and presentation of the link is determined by SailZoo. SailZoo is neither directly nor indirectly liable for damages related to any presentation of the Dealer Content on SailZoo and/or the insertion of the link.
 
2.2. Dealer Platform
To access the Dealer Platform, an authorized representative of the Dealer must complete the registration process by providing SailZoo with the correct information as requested by the registration form. SailZoo will connect the Reseller Platform with the authorized representative's registered membership. The Reseller is obliged to ensure that the Representative will protect the password.

The Reseller is responsible for any activity that takes place while accessing the Reseller Platform. Reseller will immediately notify SailZoo of any unauthorized use of SailZoo's Reseller Platform or any other breach of security. SailZoo personnel have access to the Reseller Platform and the Reseller Profile in order to maintain or improve our service, including to provide Reseller with assistance with any technical issues.
 
2.3. Data
SailZoo is and shall remain the exclusive owner of all rights to SailZoo data, including all intellectual property rights, copyrights, database rights and trademark protection.
SailZoo may display, provide access to or sell anonymous aggregated data from the SailZoo network to third parties at its sole discretion, without any obligation to Merchant.

2.4. Personal data
SailZoo processes personal data of the Reseller's contact person(s) as data controller and in accordance with the EU General Data Protection Regulation. Further information on how we process personal data can be found in our privacy policy.

2.5. Other provisions
Reseller agrees to indemnify and hold SailZoo and its representatives harmless from all claims, demands, actions, suits, proceedings, damages, liabilities, obligations, costs and expenses that would constitute or relate to any breach of this Agreement.

Reseller agrees that SailZoo may identify Reseller as a SailZoo partner in customer lists and other marketing materials.



Terms of Business for Resellers

1. parties
The parties are (i) SailZoo ApS , CVR.nr. 40037292 (hereinafter referred to as SailZoo) and (ii) any company that creates a reseller account on the SailZoo platform and accepts these Terms for subscribers (hereinafter "Terms") on SailZoo (hereinafter "Reseller"). SailZoo and Reseller are each referred to as a "Party" and collectively as the "Parties."

2. Basis of agreement 
The Terms in force at any time, as well as the Privacy Policy and the User and Reseller Terms, constitute the entire Agreement between SailZoo and the Reseller (hereinafter "the Agreement"). The Agreement enters into force when the Reseller has read and accepted the Agreement. The Reseller's use of the Reseller's account is subject to the version of the Agreement in force at any time throughout the term of the Agreement. 
SailZoo may at any time during the term of the Agreement remove or refuse to create or link to an advertisement that in SailZoo's opinion is offensive, including defamatory, misleading, illegal, obscene, does not meet SailZoo's technical requirements or otherwise violates SailZoo's policies. see more in section 8.

3. Agreement 
The agreement includes access to SailZoo's SaaS platform where resellers can showcase their business to SailZoo's users. The reseller can choose to pay a subscription and thus gain access to extended functionality via our Partner interface depending on the chosen subscription.
The reseller can choose 2 types of agreement: 
  1. The agreement automatically runs for one year at a time and starts on the calendar day on which the Reseller created their agreement.
  2. The agreement automatically runs for one month at a time and starts on the calendar day on which the Reseller created their agreement.
4. ranking of company listings
Ranking of listings on SailZoo is based on the end user's own filtering preferences and SailZoo does not guarantee a specific number of views or a specific placement in our standard ranking system.
As a paying subscriber, there is extended functionality on certain listings and it will be described and illustrated in the partner interface itself when certain rankings are guaranteed.

5. Payment 
Payment of subscription is made at the conclusion of the agreement and is paid either:
  1. For one (1) year at a time (hereinafter the "Payment Term").
  2.  One (1) month at a time, starting on the calendar day on which the Reseller created its agreement. 
Payment is made via Stripe to SailZoo's account.

Access to selected features of the Agreement may be provided to you free of charge. We charge fees for certain features, either on a one-time or subscription basis ("Paid Services"). SailZoo reserves the right to implement fees or change the fees at any time by notifying you in SailZoo's Partner interface or otherwise. If you have Purchased a Paid Service through our Paid Services forms and the subscription is auto-renewable, SailZoo reserves the right to increase the fees by eight (8) % annually, effective on each subscription renewal date. When you purchase a Paid Service, you authorize SailZoo or its third-party payment processors to charge the credit card you have identified (which you represent and warrant you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider may store your credit card information. 

If SailZoo does not receive payment from your credit card provider, you agree to pay all amounts due upon request, and SailZoo may suspend your access to our platform until full payment is received or terminate the Terms of Service. All sales are final and SailZoo does not issue refunds, including for prepaid monthly fees. If you choose an automatic recurring payment and later decide to cancel your subscription, it is your responsibility to cancel the payment. SailZoo will not refund automatic payments that are not canceled in time.

6 Warranties and limitations
The Merchant warrants that during the term of the Agreement, the Merchant has the right to enter into and perform the obligations imposed on the Merchant by this Agreement.
During the term of the Agreement, the Reseller must comply with the legislation applicable to the Reseller.

7. Liability
The Reseller is responsible for the accuracy of its business information and the information presented to the end user, and in case of breach of the Agreement or any relevant legislation is liable under the general rules of Danish law.
Neither party is liable for indirect losses such as loss of production, sales, revenue, etc.
SailZoo's liability is in all respects limited to the total amount paid by the Retailer in subscriptions for a one-year period immediately preceding the damaging event.
SailZoo assumes no responsibility for SailZoo running without interruptions in operation or for the functionality and response times of the IT system. If the Reseller experiences inadequacies in the IT operation, please refer to customer support info@sailzoo.com.

8. License and intellectual property rights
The Reseller grants SailZoo a non-exclusive, license-free and unlimited right to use and display services, product codes, images and content and company logo provided/uploaded by the Reseller (hereinafter "Reseller Material") on SailZoo's platform for display in the form in which the Reseller Material is delivered, but possibly with necessary format changes to display the Reseller Material correctly on SailZoo's platform.

The Reseller retains ownership, rights and title to all intellectual property rights associated with the Reseller Materials.

It is the Reseller's responsibility to ensure that the Reseller at all times has all rights to display the Reseller Materials and services. SailZoo assumes no responsibility for third party rights and the Reseller shall indemnify SailZoo for any claim that may be made against SailZoo by third parties.

9. Notices, Termination and Termination of the Agreement 
The Reseller may terminate the Agreement at any time until the end of a Subscription period. The Reseller can cancel their subscription quickly and easily with just a few clicks on our platform under the "Subscription" tab. The Reseller's account is automatically deleted after termination after 2 years of inactivity.

SailZoo reserves the right to implement changes to the Service at any time by notifying you on our platform or otherwise. 
SailZoo has the right to terminate the Agreement or delete or block the Merchant or specific ads from SailZoo's platform without notice if the Merchant has breached the Agreement or applicable law.

10. Confidentiality
Professional Advertisers and SailZoo may not disclose information to third parties received in connection with the Agreement between the Parties, whether the information is received in writing or orally, when the information is marked confidential or the receiving Party under the circumstances should realize that the information from the sending Party is confidential.

Confidential information includes information about SailZoo's platform and work under this agreement as well as data about SailZoo's users.

The Parties are permitted to disclose confidential information if required by law or a decision by a court or authority. The disclosing Party shall, if possible, notify of the requirement for disclosure at least ten (10) days before the confidential information is disclosed.

The confidentiality obligation shall continue during the term of the Agreement and for a further 1 year after termination of the Agreement.
 

11. Specific to the "Tasks" functionality in the Partner Interface
A user who creates a task is hereinafter referred to as the "Ordering Party". A dealer/service provider who performs a task is referred to as the "Tenderer".

SailZoo only mediates contact between the Client and the Tenderer.
SailZoo is in no way responsible for any aspect of the interaction between a Client and a Tenderer, including but not limited to the description, performance and delivery of services. 

SailZoo can never be held responsible for the work performed by the Tenderer.

12. Processing of personal data in connection with "Tasks". "Tasks"
For the processing of the Client's personal data, the following is agreed: The Tenderer shall comply with GDPR Regulation 2016/679 (the "Regulation") to ensure the protection of the Client's rights. 
Both Parties shall comply with and fulfill the requirements of Article 28 of the Regulation, including, against payment, providing the Offeror with the assistance specified in Article 28 and making information and necessary documentation available to the Client if required.
The Tenderer may not, without SailZoo's prior written consent, transfer the Client's personal data to third parties or to countries outside the EU/EEA.

 13. General
SailZoo is not responsible for the provision of services under the Agreement in the event of events, acts or omissions that are beyond SailZoo's control, including, inter alia, war, terrorism, supply disruption, natural disasters, fire, general strikes and riots (hereinafter "Force Majeure Event"). The affected Party must give written notice to the other Party no later than two (2) working days after the occurrence of the Force Majeure Event that the affected Party cannot deliver as agreed under the Agreement. The affected Party is then exempt from delivery under the Agreement for the duration of the Force Majeure Event. Each Party will bear its own expenses arising as a result of the Force Majeure Event. Despite the Force Majeure Event, the affected Party must do its utmost to try to deliver the services as agreed under the Agreement. If the Force Majeure Event lasts for more than thirty (30) days, either Party may terminate the Agreement with immediate notice after giving written notice to the other Party. 

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