Terms Of Use

YOU (THE “USER”) SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ZHAPPY MOBILE APPLICATION (THE “APP”) OPERATED BY ZHAPPY INTERNATIONAL UK LTD, OF KEMP HOUSE, 152 CITY ROAD, LONDON, LONDON, EC1V 2NX (“ZHAPPY”, “WE” OR “US”). 

USER ACCESS TO AND USE OF THE APP IS CONDITIONAL ON ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL USERS WHO MAY REQUEST, OR PROVIDE, SERVICES TO OTHER USERS OF THE APP.

BY DOWNLOADING AND INSTALLING THE APP ON A DEVICE, THE USER AGREES TO BE BOUND BY THESE TERMS. IF A USER DISAGREES WITH ANY PART OF THE TERMS THEN THEY MAY NOT ACCESS THE APP.

  1. General Information And Scope
    1. The contract (“User Agreement”) which the User concludes with ZHAPPY in relation to the content and services of our App, unless we have agreed otherwise in writing, comprises the following terms and conditions, Privacy Policy and Cookie Policy, which can be found here (“Terms”).
  1. Definitions

In these Terms the following phrases will have the meanings set out below:

  1. Intellectual Property Rights” includes, without limitation, any trade marks, designs, design patents, utility models, patents, or copyrights.
  2. User” is someone who registers with our App and therefore concludes a User Agreement with Us. It is possible to use our App in two categories:
    1. By using the App as a “Task Poster” Users have the option of requesting third party services via our App (“Tasks”) and receiving applications for these posted Tasks from other Users (“Task Application”). “Task Poster” under these Terms is someone who requests the provision of Tasks from “Zhappers”, as defined below.
    2. By using the App as a “Zhapper” Users have the option of viewing Tasks from Task Posters within their location area and can apply to provide/complete those Tasks. A Zhapper under these Terms is someone who provides services and completes Tasks requested by Task Posters.
  3. Registration On the App And Formation Of The User Agreement
    1. Once a User has downloaded the App, the User must register an account to access and use the App by completing the online registration form on the App (“Account”).
  4. Users can correct their input details at any time before pressing the “Sign Up” button by selecting the relevant input field (using the “back” button on the App if need be) and making the changes. Users can also stop the contract formation at any time before pressing the “Register” button by closing the App.
  5. By clicking on the “Sign Up” button Users enter into the User Agreement with us, which incorporates these Terms. Users then have the option of configuring their account as a “Task Poster” or a “Zhapper”. Any concluded User Agreement is concluded with ZHAPPY International UK Ltd.
  6. The User Agreement for using our services comes into existence when Users download the App from the respective app store and registers on the homepage of the App. For registration on the App, Users can use data from their social media account (Facebook or LinkedIn) or their valid e-mail address.
    1. If registering via social media accounts, We will request Users’ personal details from the relevant social media provider; Users then have the opportunity to check these details and create a personal password.
    2. When registering with an e-mail address, We will ask for the User’s name, e-mail address, date of birth and a personal password.
    3. When registering, Users should provide a current, valid and accepted method of payment, which may be updated from time to time.
  7. Users shall keep registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Users, We reserve the right to promptly disable a User’s Login Details and suspend a User’s access to the App in the event that We have any reason to believe a User has breached any part of these Terms.
  8. Notwithstanding the foregoing, We reserve the right to:
    1. accept or reject a User’s application to register for any reason; and
    2. suspend a User’s Account and/or refuse a User’s access to the App (partly or wholly) if in breach of any of the provisions included in these Terms.
  9. Users agree not to disclose their password to any third party. Users must notify Us immediately upon becoming aware of any breach of security or unauthorised use of their Account.
  10. Users hereby warrant that the information provided by them to Us is true, accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of their Account.
  11. Purpose Of The App
    1. The content of our App is provided for general information only. It is not intended to amount to advice, recommendation or endorsement on which Users should rely.
  12. Anyone aged 18 and above may register with our App. We do not select Users nor impose qualitative criteria for registration as a User. Users must, as they consider appropriate, carry out their own due diligence and obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content of our App.
  13. Our App is designed to connect Task Posters with Zhappers. We do not broker contracts between Users and/or third parties. The only service provided under these Terms is the provision of the Account and the additional functions of our App set out in these Terms. We reserve the right to make changes to the features and functionality of the App at any time.
  14. Our App allows Task Posters to post Tasks that need completing. In order to post Tasks through the App, Task Posters are required to describe the Task requirements, including the working hours required, date for completion of the Task and set a budget for payment to the Zhapper. Task Posters must also assign the Task to the appropriate category in the App. We may refuse to post a Task without the aforementioned information. Tasks will be automatically removed from the App on the earlier of (i) acceptance of a Task Application in accordance with this clause 4; or (ii) the stated date for performance of the Task (or in the case of a Task with multiple dates, the earliest date stated).
  15. Subject to providing the required information as per clause 4.4, Tasks will be made publicly available via the App for Zhappers to view. After the Task has been made publically available, Task Posters may also invite certain Zhappers to view the Task, provided the Zhapper has pre-selected the Task’s category as an “interest” in their Account. If a Zhapper would like to provide the services specified in a Task, the Zhapper must respond with a “Task Application”. By making a Task Application, the Zhapper is confirming that he/she is capable of performing the requested Task.
  16. If a Task Poster receives a Task Application, Task Posters may accept the Task Application via the App. The Task Poster should review details of the Task Application as well as the Zhapper’s profile, prior to any acceptance. Once a Task Poster selects a Zhapper to complete a Task, sensitive information like an address (if the Task requires access to a Task Poster’s premises) may be exchanged. Prior to applying for or accepting a Task Application (as applicable), Task Posters and Zhappers are solely responsible for ensuring they are satisfied with the relevant terms of the Task Application, including the fees payable to the Zhapper for the performance of the Task (“Task Budget”). Following the Task Poster’s communication of its acceptance of the Task Application, the Task Poster and the Zhapper shall be deemed to have entered into a separate contract whereby the Task Poster has agreed to pay for, and the Zhapper has agreed to provide, the Task (“Assigned Task”).
  17. If and insofar as Users enter into a contract for the provision of a Task as a result of using the App (i.e. the Assigned Task), the contract is binding on the Users alone. Under no circumstances are we a party to any such contract, and we make no representation or give any warranty whatsoever regarding either of the parties to the contract or the performance of the contract.
  18. If Users wish to cancel an Assigned Task (“Cancellation Request”), they may do so by notifying the other through the App. All Users will be attributed “cancellation rates” on their Account showing the number of Cancellation Requests submitted through the App. We reserve the right to suspend or terminate a User’s access to the App immediately and without notice in the event a User submits frequent Cancellation Requests (e.g. 2 or more consecutive Cancellation Requests or 2 or more Cancellation Requests in any month).
  19. A Task Poster shall confirm an Assigned Task has been completed by clicking “Task Completed” within the App, unless the Assigned Task is payable in cash, whereupon the Zhapper shall confirm completion of an Assigned Task by clicking “Task Completed” within the App following the actual receipt of the Task Budget (each known as “Task Completion”). The Task Poster and the Zhapper shall not unreasonably withhold or delay Task Completion.
  20. We make no representations and give no warranties or guarantees that the content of our App, including, without limitation, information about the Users or services sought or offered, is accurate, complete or up-to-date.
  21. Only in the event that there is justified evidence of a User account being manipulated, tampered with or used for fraudulent or deceptive practices will we check the respective User account and, where we consider appropriate, acting in our absolute discretion, exclude the User from using our App.
  22. No warranty is offered as to the availability of the App or that its operation will be uninterrupted or error free. Routine and essential maintenance and upgrades may be required from time to time to improve, add functions or restore the App.
  23. Our App functions as a mobile platform, and the content and scope of Tasks and Task Applications posted depends on the activity of Users and varies depending on time and place. We do not guarantee or warrant that Users will receive enquiries, responses or Task Applications, or otherwise generate business as a result of the App, or achieve any result whatsoever through use of the App.
  24. Accessing The App
    1. To use Our App, Users must set up an Account (see clause 3). This enables Task Posters to post Tasks, Zhappers to view the Tasks, to contact other Users and to use the App rating system. Users can configure their App accounts as either Task Posters or as Zhappers.
  25. Subject to clause 11.6, Task Posters can put an unlimited number of Tasks out to tender via their Account, i.e. request the provision of all kinds of services from Zhappers and initiate contact with Zhappers.
  26. Zhappers can view Tasks within their location radius and submit a Task Application to the respective Task Poster via their Account. Zhappers are restricted from applying for Task Applications from Task Posters with incompatible payment methods. The number of Tasks Applications that may be sent by Zhappers to Task Posters will be unlimited for Zhappers but this is subject to change by us from time to time.
  27. Subject to these Terms, We hereby grant to Users a non-exclusive, non-transferable (without a right to sub-licence) and terminable licence to access the App.
  28. Except as expressly permitted in these Terms, Users shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or their right to use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to us or our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.
  29. APP-STORES
    1. Users acknowledge and agree that:
      1. We are in no way linked, connected or affiliated with Apple, Google or any other app-store provider;
      2. access to and use of the App may be limited by the User’s network carrier;
      3. Users acknowledge that they will not be able to access and use certain functionalities of the App unless they have internet access through a GPRS, 3G, 4G or Wi-Fi connected device. All traffic charges or access charges incurred due to the use of the App are subject to the User’s agreed terms with their network provider;
      4. neither a User’s airtime provider nor any app-store or app-store operator (including but not limited to the “App-Store” or “Google Play” marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
      5. the User’s airtime provider and any app-store or app-store operator (including but not limited to the “App-Store” or “Google Play”) are third party beneficiaries in respect of this clause and accordingly have the right to enforce the provisions of this clause;
      6. We are solely responsible for providing any support and maintenance in respect of the App; and
      7. Users will comply with any third party terms and conditions which may be applicable from time to time in relation to their use of the App.
  30. Further, where Users have obtained the App from the Apple ‘AppStore’, Users acknowledge and agree that:
    1. they are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
    2. they are not listed on any US Government list of prohibited or restricted parties;
    3. these Terms are concluded between the User and Us and accordingly Apple is not a party to these Terms;
    4. Apple has no obligation to provide any maintenance and support services in respect of the App;
    5. Apple has no responsibility to address any claims by the User or any third party whatsoever with respect to the App;
    6. Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
    7. ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.
  31. Eligibility To Use The App
    1. Users hereby warrant and represent that they:
      1. are at least eighteen (18) years of age;
      2. are legally capable of entering into binding contracts; and
      3. have the right, authority and capacity to enter into these Terms and they shall abide by all of the terms and conditions hereof.
  32. Fees
    1. The Task Poster’s use of the App will be free of charge.
  33. A Zhapper’s use of the App is subject to payment of our service fee, which is a percentage of the total Task Budget amount (“Service Fee”). The Service Fee shall be due and payable to us by the Zhapper in accordance with the terms of this clause 8.
  34. Payments other than cash. Payment of the Task Budget by the Task Poster shall be made through the App via our payment processor who will remit to the Zhapper the Task Budget received from the Task Poster, minus our Service Fee which is automatically remitted to us. Users acknowledge that the amount of the Task Budget sent to the Zhapper by the Task Poster will differ to the actual amount of the Task Budget received by the Zhapper, as it will be the amount with the Service Fee deducted. If the payment processor otherwise fails to deduct our Service Fee, Zhappers agree to us automatically charging their relevant credit or debit card in relation to the Service Fee due to us. The Task Poster and the Zhapper must be registered to the same payment method on the App to ensure that payment of the Task Budget can be made.
  35. Zhappers acknowledge that payment of the Task Budget (minus our Service Fee) may take up to 7 working days to appear in a Zhapper’s registered account and is dependent on the payment method selected for the Task.
  36. Cash payments. Payment of the Task Budget shall be arranged between the Task Poster and the Zhapper. Zhappers agree to us automatically charging their relevant credit or debit card in relation to the Service Fee due to us.
  37. Task Posters are entitled to make unlimited cash, credit/debit card and PayPal transactions on the App. Only one “alternative” payment method (i.e. a payment method other than cash, credit/debit card or PayPal) may be made by a Task Poster per month and must be agreed with the Zhapper. “Alternative” payment method Tasks are not covered under any insurances offered under the App. Where Task Posters are directed to our chosen payment processor, this may be subject to terms and conditions governing use of their service. Please review such terms and conditions before using the services.
  38. Our Service Fee is at the rate notified to you through the App and subject to change at any time. A User’s continued use of the App following notice of such change shall be deemed to be acceptance of the new Service Fee.
  39. In the event a User submits a complaint against another User (e.g. it is claimed the Zhapper has failed to complete an Assigned Task by any agreed date), the Task Poster must provide evidence of any Zhapper’s failure. We will use our reasonable endeavours to investigate and respond to any complaint, including contacting the other User against whom you have lodged the complaint and notifying you of any response. We shall use reasonable endeavours to propose solutions and resolve your complaint. Any resolution proposed by us is made at our discretion, but we cannot guarantee that our proposal will resolve your dispute.
  40. Term And Termination
    1. The User Agreement is entered into for an unlimited duration. Users may terminate the User Agreement at any time without observing a notice period (and any outstanding fees owed to Zhappy shall immediately become due and payable to Zhappy).
  41. Subject to clause 9.4 and 10.6, we may terminate the User Agreement by not less than 2 weeks’ notice to the User to expire at the end of a month.
  42. Notice of termination must be given to Us by e-mail at support@zhappy.co.uk by Users from their e-mail address stored in their Account.
  43. We may suspend User access to the App and/or terminate their Account, wholly or partly, at any time without notice if any of the following events occur:
    1. User receives two or more one star ratings (as per Clause 14);
    2. Our third party service and network providers cease to make the third party services or net-work available to Us;
    3. We believe that the User has failed to comply with one or more of these Terms;
    4. We believe that there has been fraudulent use, misuse or abuse of features or functionalities of the App (in whole or in part);
    5. User is in breach of any of the Community Guidelines (as defined at clause 10.4); or
    6. We believe that the User has provided false, inaccurate or misleading information.
  1. User Obligations
    1. Users warrant that they will not:
      1. provide any false, erroneous or fraudulent personal information in relation to the User, their suitability or professional qualifications or any characteristics which could be of significance to the respective contractual partner in the event of an Assigned Task;
      2. make any statements, divulge any information or distribute any content which could breach third party rights, including, but not limited to, rights of privacy or Intellectual Property Rights;
      3. post or transmit to or from the App, or to any Users of the App, any content (“User Content”) which is:
        1. threatening, defamatory, obscene, indecent, pornographic, seditious, offensive, liable to incite racial hatred, liable to fuel propaganda for anti-constitutional organisations, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
        2. technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, or harmful components, corrupted data or other malicious software or harmful data); or
        3. references to site pages (e.g. through links) the contents of which violate clauses 1.3.1 or 10.1.3.2 above, as well as links to paid mailers, banner farms, IP-traffic, diallers, adware or spyware, software exchange platforms or similar web presences; or
      4. use the App for purposes other than forming contractual relationships with other Users. Specifically, but without limitation, Users will not use the App’s messaging function for the purposes of advertising or misuse the “Recommend to a friend” function.
  2. User hereby grants to us a non-exclusive, perpetual, non-terminable, transferable, sub-licensable and royalty-free licence use the User Content for the purpose of making them available to other Users of the App, including to copy, publish, display, distribute, sub-licence, host and retain for archiving purposes.
  3. Users must notify us if any User Content made by another User is objectionable by contacting us using the contact details set out on the App. We shall use our reasonable endeavours to review the relevant User Content as soon as is practicable and shall take such action as we deem necessary, if any at all.

 

  1. Users shall at all times comply with our rules relating to the use of the App (“Community Guidelines”), which are available to view here and subject to change from time to time.
  2. Users may verify their Accounts using one or more social media accounts (including Facebook, LinkedIn and Twitter) or though mobile phone number verification. Provided a User has had verified at least 1 social media profile, the User will be considered “Verified” for the purpose of the App. Verification of an account using one of the aforementioned social media methods or mobile numbers helps confirm a User’s identity and authenticate their Account on the App. However, the App’s verification procedure in no way guarantees that the associated profiles are genuine and should not be viewed as an endorsement of a User’s qualifications, skills or any other rights to use and/or otherwise participate within the App. Zhappy is in no way sponsored, endorsed or administered by or associated with Facebook, LinkedIn or Twitter or any other third party social media provider.
  3. Users shall not attempt to contact any other Users outside of the App or take any other action for the purpose of circumventing the App and/or avoiding payment of the Service Fee.
  4. If a User breaches any of clause 10.1, 10.2 or 10.6 above, we are entitled to terminate the User Agreement with the User by immediate notice.
  5. Special Provisions For Task Posters
    1. Task Posters may provide extra information in their Account, e.g. this may be the location in which services are sought, provided that Task Posters agree to the publication of any such extra information on their Account within the App.
  1. Task Posters may post Tasks from their Account provided that the information supplied is:
    1. accurate, correct and up-to-date;
    2. not in breach any applicable statutory or regulatory requirement; and
    3. not misleading or deceptive.
  1. Task Posters agrees to disclose whether they are requesting the specific service from a Zhapper as a consumer or as a business.
  2. Task Posters agree to keep all information including without limitation, communication and correspondences between them and the Zhapper, and all information relating to the Task secure and confidential within the App.
  3. Task Posters may post Tasks in different categories. Selecting the right category makes it easier for Zhappers to find the Task and submit Task Applications.
  4. Task Posters undertake that they will not submit Tasks which are illegal, unlawful, or immoral, including, without limitation, sexual services or criminal activities.
  5. Task Posters agree to provide information concerning the location in which the Task is to be carried out and whether it is a one-off, or recurring service. Task Posters may also provide details on the anticipated remuneration (flat-rate or on a per-hour basis) and further details on the requested services (e.g. a time frame for completion) when posting a Task.
  6. If Task Applications are received, the Task Poster may view the profile of the Zhapper in question. The Task Poster agrees to refrain from:
    1. using the information displayed on a Zhapper’s profile for purposes other than that of Task negotiations; and
    2. passing this information on to any third parties.
  7. Users shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses) that come into a User’s possession through use of the App, nor will Users disclose such personal information to any third party without the data subject’s express written consent. Users shall not include in any Task or other communication with other Users any link to any URL located outside the App, nor any advertising for any services other than relating to the specific Task.
  8. Task Posters can also view the profile and location data of any Zhapper in their vicinity and contact a Zhapper directly. Task Posters must not use this information for purposes other than obtaining a service via the App.
  9. In the event there is a dispute between Users, or if the Task provided by a Zhapper is not provided to a satisfactory standard or at all, we are not liable for anything (including but not limited to any loss, damage or personal injury) suffered or incurred by User in the course of a Zhapper’s performance of a Task and the User releases and holds us harmless from anything the User may suffer or any liability in relation to such dispute.
  10. Special Provisions For Zhappers
    1. Zhappers may upload information onto their profile, such as photos, qualifications and references, etc. Zhappers agree at all times to use the App in accordance with these Terms.
  11. Zhappers agree that any information uploaded onto their profile (“Profile Information”) will be accurate and up-to-date.
  12. Zhappers warrant:
    1. Not to provide information (including in their Profile Information) which they know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;
    2. to provide the services in accordance with the description contained on the App, unless the services is prohibited by law or these Terms;
    3. that they hold the necessary rights to the Profile Information and that it does not infringe third party rights, including Intellectual Property Rights; and
    4. that they will not offer services which are illegal, unlawful, or immoral, including, without limitation, sexual services or criminal activities.
  13. Zhappers agree that their location and Profile Information will be transmitted to, and viewed by, other Users for the purposes of forming contractual relationships.
  14. Zhappers may view Tasks in their vicinity from their Account and establish contact with the respective Task Poster by means of the App chat function.
  15. Zhappers agree:
    1. to refrain from contacting Task Posters for purposes other than initiating a contractual relationship; and
    2. to only contact a Task Poster in relation to Tasks that it is willing and capable of performing on the terms which the Task Poster has specified.
  16. Zhappers are responsible for:
    1. ascertaining the identity of any Task Poster;
    2. verifying the Task Budget payable for any Task;
    3. ensuring that they have sufficient information relating to any health and safety risks;
    4. verifying and complying with any “minimum age” requirements specified by a Task Poster in a Task;
    5. ensuring they have the appropriate qualifications and licenses to perform any Task;
    6. ensuring the level of “special skills” assigned are reasonably accurate; and
    7. verification of all information provided by a Task Poster in relation to any Task, including the location.
  17. Zhappers may only provide services which they are authorised to provide by any relevant authorities or regulatory bodies, and must possess, without limitation, any relevant work and/or residence permit, qualifications and, where necessary, a permit for providing the respective service.
  18. Zhappers have full responsibility to account to the relevant authorities for any tax which may be payable on income they generate from contracts formed via the App.
  19. The App Chat Function
    1. The App is designed solely to connect Users with other Users, permitting Zhappers to apply for Tasks advertised by Task Posters on the App. Tasks shall be subject to the terms and conditions agreed between Zhappers and Task Posters directly and We are not a party to such contract.
  20. Users acknowledge and agree that We only provide Users with the platform to interact on the App. Users understand that we are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between Zhappers and Task Posters. Consequently, Users acknowledge and agree that We shall not be liable in any way and for any reason whatsoever in respect of Users’ relationship with other Users. We recommend that Users take all reasonable care when arranging any meeting or otherwise with any other User.
  21. Users acknowledge that We do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Users. We are not able to vet, verify the accuracy, correctness and completeness of any Account or Profile Information. Consequently, all such User information and content available on the App is provided to Users “as is” and Users agree that any use made of such content shall be strictly at a User’s own risk.
  22. The App Rating Function
    1. The App rating function makes it possible to evaluate other App Users following the completion of a Task. We are unable to monitor the ratings without any concrete evidence.
  23. Users agree:
    1. that they are responsible for anything that they post;
    2. to provide accurate information when providing ratings;
    3. to refrain from publishing any defamatory, offensive or personally insulting ratings, or those which otherwise breach the rights of the other User; and
    4. to comply with general laws and regulations.
  24. In the event of a complaint in relation to a User rating, Users agree to Us temporarily or permanently blocking or deleting the respective rating, in full or in part, at our discretion.
  25. User Guarantees, Release From Liability And Assignment Of Rights
    1. Users guarantee that they hold all the necessary rights, including, without limitation, all Intellectual Property Rights, to all content published on the App (e.g. in Accounts, Tasks or ratings) and via the App (e.g. in messages to other Users).
  26. Users shall indemnify Us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all losses, damages, claims, costs and expenses (including reasonable legal expenses) incurred or suffered by Us arising out of or in connection with their breach of these Terms and/or their use of the App, unless the claim is attributable entirely to our default. In the event that a third party brings such a claim against Us, the User will assist Us with as much information as possible in reviewing the claims and conducting the defence and resolution of the claim.
  27. Unless expressly stated to the contrary, ZHAPPY does not have any ability or responsibility to review, approve or verify any User Content prior to publication on the App.
  28. Our Liability

Our liability if a User is a consumer

  1. We are responsible to Users for foreseeable loss and damage caused by us. We are responsible for loss or damage Users suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this User Agreement was made, both We and the User knew it might happen.
  2. We are not responsible for any loss or damage that is not foreseeable.
  3. Our maximum aggregate liability to consumers. If a User who is a consumer suffers loss or damage that is a foreseeable result of our breaching this User Agreement, our failing to use reasonable care and skill or otherwise, the maximum amount a User may claim from Us shall be limited to one hundred pounds sterling (£100.00).
  4. We do not exclude or limit in any way our liability to Users where it would be unlawful to do so. This includes liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation;

Our liability if a User is acting in a business capacity

  1. We will under no circumstances whatsoever be liable to Users, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the User Agreement for:
    1. consequential, indirect or special losses;
    2. loss of profits, income or revenue;
    3. loss of savings or anticipated savings, interest or production;
    4. loss of business or business benefits;
    5. loss of contracts;
    6. loss of opportunity or expectations;
    7. loss of goodwill and/or reputation;
    8. loss of marketing and/or public relations time and/or opportunities;
    9. loss of data; or
    10. loss of management or office time.
  2. Nothing in these Terms limits or excludes our liability for:
    1. death or personal injury caused by our negligence; or
    2. fraud or fraudulent misrepresentation.
  3. Our maximum aggregate liability to business Users under, arising from or in connection with this User Agreement, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise is shall be limited to the fees paid by a business User to us during the 12 month period immediately prior to the date the liability first arose.
  4. We have no responsibility to assist in disputes between the Task Poster and the Zhapper. In the event that a User has a dispute with any other User of the App (Users In Dispute), the Users In Dispute hereby release Us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
  5. Users use the App at their sole risk. We will not be liable to any User for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Users’ computer equipment, computer programs, data or other proprietary material due to their use of our App or to their downloading any content on it or on any website linked to it.
  6. We are not responsible for third party links. We assume no responsibility for the content of websites linked on our App. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from Users’ use of them.
  7. Nothing in this clause will restrict or limit Users’ general obligation at law to mitigate a loss they may suffer or incur as a result of an event that may give rise to a claim under this clause.
  8. Insurance
    1. We may offer Users an opportunity to obtain insurance. All such insurance is offered by our third party insurance provider [INSERT FULL NAME OF INSURANCE PROVIDER]. Zhappy International UK Ltd do not offer any insurance. A summary of the insurance policy for such third party insurance is located here. We confirm that all insurance policies are third party services and subject to further terms and conditions. Please contact us for further details. We may elect to obtain our own insurance that may provide cover for Users.
  1. We do not represent that the insurance offered via the App is adequate or appropriate for any particular User. For example, certain Tasks may be excluded from insurance coverage. Each User must make its own enquiries about whether any further insurance is required.
  2. Insurance coverage will not be available where the excess amount is higher than the value of the claim, which may vary depending on the nature of the Task. Only registered Users can make a claim. For example, Zhappers cannot rely on the insurance if they hired a replacement to perform the applicable Task.
  3. The Zhapper acknowledges and agrees that in the event that a Task Poster makes a claim relating to any Task performed by the Zhapper, and the insurance taken out by ZHAPPY (if any) responds to that claim then this clause applies. We may elect to make a claim under such policy and if the claim is successful, any excess payable in respect of the claim may be recovered by us from the Zhapper. Zhappers hereby authorise us to charge their selected payment method in order to recover any excess paid. Users agree to provide such information and complete such documentation as we or the insurance provider may require relating to the claim. Where we make a claim and the insurer concludes that the Zhapper is responsible, we are entitled to rely on that assessment. If the Zhapper does not pay any excess, we may elect to set this amount off against any future monies we may owe the Zhapper.
  4. The Zhapper acknowledges and agrees that in the event that a Task Poster makes a claim relating to any services provided by the Zhapper, and the insurance taken out by ZHAPPY (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. ZHAPPY may elect to pay an amount to the Task Poster to settle the claim. To the extent that the Zhapper was or would be liable for the amount of the claim, the amount paid by ZHAPPY under this clause may be recovered by ZHAPPY from the Zhapper. ZHAPPY may also elect to set this amount off against future monies it may owe the Zhapper. 
  1. Intellectual Property
    1. All logos, trademarks, names and other intellectual property (“IP”) on our website or Apps belong either to us, or are licensed to us or someone else. Users are not permitted to copy, download, use or distribute them and any User found to be infringing upon these rights shall be removed from the platform and reported accordingly. Intellectual Property infringement is illegal and can be a criminal offence.
    2. Zhappy are the owners or the licensees of all intellectual property rights in and on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
    3. Users must not use any part of the IP on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
  1. Customer Service
    1. Our customer service is available between 10 am and 5pm 7 pm on weekdays at the following e-mail address: support@zhappy.co.uk.
  1. Storage Of Contract Text
    1. These Terms, the Cookies and the Privacy statement can be saved electronically by clicking on the “Terms” or “Cookies statement” or Privacy statement” buttons before entering into the User Agreement. Upon registration. We do not store a copy of the contract text.
  1. Privacy
    1. Users agree to the processing of their personal details for the purposes of complying with our obligations under the User Agreement and for the purposes and in accordance with the terms of our privacy statement which can be found here.
  1. ZHAPPY comply with the Data Protection Act 1998 and all other successor legislation and regulations in the performance of its obligations under these Terms. 
  1. General
    1. We may transfer the User Agreement to someone else. We may transfer our rights and obligations under these the User Agreement to another organisation. We will contact Users to let them know if we plan to do this. If a User is unhappy with the transfer they may contact Us to end the User Agreement within 7 days of Us telling the User about it.
  1. Users need our consent to transfer their rights to someone else. Users may only transfer their rights or obligations under the User Agreement to another person if We agree to this in writing.

Nobody else has any rights under the User Agreement. The User Agreement is between ZHAPPY and the User. No other person shall have any rights to enforce any of its terms.

  1. If a court finds part of the User Agreement illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  2. Even if We delay in enforcing the User Agreement, We can still enforce it later. If We do not insist immediately that a User do anything they are required to do under these Terms, or if we delay in taking steps against them in respect of them breaking the User Agreement, that will not mean that the User does not have to do those things and it will not prevent Us taking steps against them at a later date.
  3. Changes To These Terms Of Use
    1. We endeavour continuously to develop, improve and adapt in line with technological advances the services and products offered in order to be able to provide Users with innovative services. In order to meet the new organisational and process-related requirements associated with this, any potential reforms of the rights and obligations of the contracting parties or to adjust to current legislative and legal developments, We may change provisions in these Terms within a framework reasonable to the User, provided this change does not lead to a transformation of the overall contract structure.
  1. We shall send the amended provisions to the User by e-mail not less than two weeks before they come into effect. If the User does not object to the validity of the new terms of use within two weeks, they shall be deemed to have been accepted. We shall notify to Users the significance of this two-week period, the right to object and the legal consequences of silence separately in the e-mail advising of such amendments. Should the User object to the amended provisions within the above-mentioned period, both the User and Us are entitled to terminate the contract without notice.
  2. Law And Jurisdiction
    1. English law shall apply to these Terms and the parties submit to the exclusive jurisdiction of the English courts.
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