The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and zighunt and governs your use of the Service, superseding any prior agreement between you and zighunt. The failure of zighunt to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
1. Violation of Terms and Liquidated Damages
Please report any violations of the TOU by sending an email to [email protected]
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for zighunt to pursue legal action to enforce the TOU, you will be liable to pay zighunt the following amounts as liquidated damages, which you accept as reasonable estimates of zighunt’s damages for the specified breaches of the TOU:
If you post a message that:-
(i) impersonates any person or entity;
(ii) falsely states or otherwise misrepresents your affiliation with a person or entity;
If zighunt establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay zighunt one hundred ringgit (RM 100) for each message posted in excess of such limits or for each day on which you access zighunt in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to zighunt email addresses or through zighunt computer systems, you agree to pay zighunt twenty five ringgit (RM 25) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay zighunt one hundred ringgit (RM100) for each item of Content posted. In its sole discretion, zighunt may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay zighunt one hundred ringigt (RM 100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay zighunt an additional one hundred ringit (RM 100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without zighunt’s express written permission, you agree to pay zighunt three thousand ringgit (RM 3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, zighunt retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
2. Terms of Use for All Services
Zighunt offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.
As a condition to your use of the Programs and as material inducement on the part of zighunt and its Affiliates to offer the Programs, you expressly acknowledge and agree that:
Use of the Programs are at your sole risk. Zighunt and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:
- For Consumers:
- a) the Programs
- b) the Professional
- c) the Services to be performed by any Professional.
- a) your use of the Programs
- b) the engagement by you of any Professional
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.
– In no event will zighunt’s liability to you for any reason whatsoever exceed in the aggregate the sum of Rm25.00.
– Zighunt and its Affiliates do not provide, nor will they provide, any service to or for you, nor is zighunt and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.
– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.
For Professionals:
- a) the Programs
- b) the Consumers
- c) the agreement between you and the Consumer.
Zighunt, its Officers, Directors, Members and Employees, as well as zighunt Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
- a) your use of the Programs
- b) the engagement of you by any Consumer
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.
– In no event will zighunt’s liability to you for any reason whatsoever exceed in the aggregate the sum of Rm 25.
– Zighunt and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.
Zighunt, its Officers, Directors, Members and Employees, as well as zighunt Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
3. Brand Agreement
Legal Disclaimer: By logging in to your zighunt account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.
1) Parties: This “Agreement” between “I” or “me” or the “Company” and zighunt. (“zighunt”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) Content: I hereby license to zighunt the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on zighunt and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website zighunt at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but zighunt retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for zighunt to exercise the rights granted here-under, that the Content is accurate and representative of my products, and that I will update my zighunt account with any updates to the Content necessary to keep such Content accurate and representative of my products. Zighunt and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
3) Fees:
(a) Membership: Price as stated on zighunt at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.
4) Length of Contract: This Agreement is valid up to and until I cancel my account.
5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, zighunt may attempt to contact me to determine updated account information. Zighunt will wait thirty (30) days before canceling my membership.
6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. Zighunt may terminate this agreement at will. In the event zighunt terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.