Terms of Service
Zestyer reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time without notice to you, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. Zestyer also reserves the right at any time to change, suspend or terminate any of the services or benefits included in the Service.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Zestyer is a marketplace that allows users to sell, and buy goods (primarily food) in a variety of pricing formats and locations. Any actual contract for sale is directly between the applicable sellers and buyers. Zestyer is not a traditional auctioneer. Please pay particularly close attention to our listing and purchase conditions, as described below
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To use certain of the Services, you may need to register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by sending a request to email@example.com.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content.
User Content is all Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
The Services may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
The Services will expressly allow you to redistribute, or “share,” certain Content for personal, non-commercial use, such as through your social network account, blog or email when you think the Content will be of interest to others in your social network. When Content is authorized for sharing, we will clearly identify the Content that you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” or “tweet” button on or near the Content. However, please note that we may revoke this authorization at any time. Additionally, if you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We encourage users to participate in the Zestyer community by posting ratings and providing feedback about their experiences. However, if you choose to do so, please only provide contributions that represent your honest and accurate experiences and opinions, without violating this Agreement.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. We neither endorse nor guarantee the accuracy, propriety, or timeliness of any third party or User Content. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate, including without limitation (x) with regards to product specifications; or (y) that the Content on the Services reflects updated information in areas such as availability or market developments such as product recalls. We therefore encourage you to independently confirm with other sources any data, images, information, suggestions, guidance or other materials or Content made available on or through the Site or Services.
As part of the Services, you or other users may choose to post information to the Services about goods that you or such other users would like to offer for sale to other users (such information, a “Listing,” and such users, “Sellers”). Other users who may be potential buyers (“Buyers”) may request a Seller prepare the good in the applicable Listing. If a Seller accepts such an offer, the seller must prepare and exchange the good to the Buyer. Once a Seller accepts such an offer, the Buyer will be charged the agreed upon amount via a third party payment processor (a “Payment Processor”). The Seller will exchange the goods to the applicable address provided to such Seller by such Buyer in accordance with this Agreement, at which time such Buyer will become the owner of such goods.
The Services may permit you to link to other websites, services or resources on the Internet (“Third Party Sites”), and other websites, services or resources may contain links to the Services, in each case, such as a Payment Processor that you may choose to link to your Account or otherwise use in connection with the Services. When you access Third Party Sites on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
As part of the Services, you may choose to post a Listing to the Services. You hereby acknowledge and agree that: (i) you are solely responsible for the accuracy and content of any Listing; (ii) User Content, including without limitation any Listing, that violates this Agreement may be modified or deleted at our sole discretion; (iii) we reserve the right in our sole discretion to delete any Content (including Listings) for any reason whatsoever without notice to you; (iv) [appearance or placement of Listings in search and browse results will depend on a variety of factors (for example, buyer's or seller’s location and search query) and, as such, a Listing may not appear in some search and browse results regardless of the sort order chosen by the buyer]; (v) when you confirm a request from an applicable Buyer, you enter into a legally binding contract with the applicable Buyer, pursuant to which (A) you agree to prepare and exchange such goods to such Buyer in accordance with this Agreement and (B) title to and ownership of such goods automatically passes to that Buyer upon your exchange of such goods; and (vi) we do not transfer legal ownership of applicable goods from an applicable Seller to an applicable Buyer and have no responsibility or liability in connection therewith.
All goods included in Listings are provided by users and not Zestyer. You hereby acknowledge and agree that: (i) you are solely responsible for reading the full item listing before offering commitment to buy; (ii) when you use the Services to commit to pay a certain amount of money to an applicable Seller for goods included in an applicable Listing and you are notified through the Services that such Seller accepts such offer, you enter into a legally binding contract with such Seller to attempt in good faith to purchase such goods in accordance with the process described above; and (iii) we do not transfer legal ownership of items from the Seller to the Buyer and have no responsibility or liability in connection therewith; (iv) your purchases through the Services are transactions between you and the applicable user and not with us or any of our affiliates; (v) we do not in any instances make any representations, warranties or guarantees as to whether an applicable Seller will choose to confirm or deny a request, and we have no liability to you with respect to any such choice; (vi) we are not a party to your payment transaction for such purchases; (vii) we do not employ or control any Third Party Sites, (viii) we do not design, manufacture, store, ship or otherwise control any goods or services made available for purchase by Zestyer users or Third Party Sites and (ix) we do not make any representations or warranties with regard to any goods made available through the Services or your potential related experiences.
Prior to purchasing products from any third party (including any Zestyer user) described on the Site or Services, you are advised to independently verify the applicable information and read any applicable third parties’ sales, legal and privacy policies. Although we may choose in our sole discretion to intervene or attempt to resolve a dispute between you and other Zestyer users or Third Party Sites, you agree that we have no obligation to do so and that all transactions are ultimately solely between you and the applicable Zestyer users or Third Party Site. In order to submit an offer to purchase goods through the Services, you must be at least 18 years old and have a valid Payment Method (as defined below), with full authority to use it.
Any prices of goods included in any Listing are set by the Zestyer user that provides the applicable goods and are subject to change.
Despite our efforts, errors may appear from time to time, and additionally, some of the Content you find on the Services was not created, edited, or posted by us (for example, Listings or user comments, and ratings).
Although we try to make sure the Services only display accurate prices, and we try to assist in correcting errors as we become aware of them, you may occasionally encounter mispriced goods or inaccurate amounts on the Services. Therefore, we cannot guarantee the accuracy or timeliness of any Content made available through the Services. Occasionally, there may be information on our Site or Services that contains typographical errors, inaccuracies or omissions, including related to descriptions, pricing, allergies or availability of goods included in Listings. If any information on the Site or Services is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, change or update information or cancel any transactions through the Services at any time without prior notice.
Please note that the colors and quality of goods included in Listings may depend on the settings of your monitor or screen, and therefore the color and quality of goods on your display may differ from the goods that you actually receive.
Although we try to display updated Listings on the Services, the availability of goods on the Services may change at any time, without notice.
A Seller may decide in its sole discretion whether to confirm or reject a request.
You acknowledge that at no time will we take title to any goods included in a Listing. You hereby represent and warrant that you are the owner of any goods that you include in a Listing, free and clear of any liens or encumbrances, and when you confirm a request from another Zestyer user, and bring such request to the proper state, you will exchange such goods to the Buyer in accordance with this Agreement, and upon such exchange, title to and ownership of those goods automatically passes to that user. We do not take, assume or transfer legal ownership of any items included in a Listing. You, as a Seller, acknowledge that you hold title to any such items, we are not a consignee, bailee, agent or auctioneer with respect to such items and we are merely an interactive service provider.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy);
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate, in each case as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
impersonates any person or entity, including any of our employees or representatives; or
includes anyone’s identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
which users gain access to the Services;
what Content you access via the Services;
how you may interpret or use the Content; or
any dispute that may arise between you and any other Zestyer user in connection with the Services or otherwise, including without limitation related to any information or materials included in any Listing, offer to purchase any goods included in any Listing, payment in connection with any Listing, any decisions of a Seller to Accept Payment or Reject Payment or shipment, quality or condition of, or damage to, any goods included in any Listing.
You release us from all liability for your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. If you have a dispute with one or more Zestyer users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
The Services and Content are provided “AS IS”, “AS AVAILABLE” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrent that: (I) the Services will be secure or available at any particular time or location; (II) any defects or errors will be corrected; (III) any Content or software available at or through the Services is free of viruses or other harmful components; or (IV) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content (including any Listings), any agreement or dispute between Zestyer users with respect to any Listing, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services (I) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), (II) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or (III) for any direct damages in excess of (in the aggregate) of the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be resolved in Wyoming.
Class Action Waiver – Please review as this affects your legal rights.
You agree that all disputes between you and Us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to this agreement, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration in Wyoming. You and We hearby expressly waive trial by jury. Discover and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and We would have in court may not be available in arbitration. As an alternative, you may bring your claim in your local small claims court, if permitted by the small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. You are giving up your right to participate as a class representative or class member on any class claim you may have against Us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by copy or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.