Overview of the General terms and conditions of service
You can see below an overview of our Terms of Service for our "Platform", which includes any website, application or service we offer. We recommend that you read the entire Terms of Service as this document (and not this overview) constitutes a binding agreement. Our General Terms and Conditions of Service include information about your rights. They cover a wide range of topics from automatic renewal of subscriptions, limitations of liability, waiver of collective actions, and the resolution of disputes through arbitration, without resorting to courts of law.
Your relationship with EZEE TEAM
• By using our Platform, you agree to our Terms of Service. They constitute an agreement between you and EZEE TEAM.
• If you don't comply with the rules, we may suspend or terminate your account.
Groups, organizers and members EZEE TEAM
• Organizers may define membership criteria for their own EZEE TEAM groups. Although there is certainly an EZEE TEAM group for each of us, not all EZEE TEAM groups are for you. If you can't find the right group for you, you can easily start your own EZEE TEAM group.
• Using our Platform involves meeting people and doing things in real life, which can sometimes lead to unexpected situations. We can't control what happens in real life and we're not responsible for it. You must use common sense and judgment when interacting with others.
Your Content and Others' Content
• You are responsible for your "Content", which means any element, information or other content published on our Platform. Your content must comply with our General Terms and Conditions of Service.
• We don't own the Content you publish. However, we require you to grant us a license to use such Content in order to enable us to operate, improve, promote and protect EZEE TEAM and our Platform, for your and others' benefit.
• We're not responsible for Content published by members or communications they send through our Platform. We generally don't check the Content before publication. If you find Content that doesn't comply with our Terms of Service, you may report such Content to us.
• We do our best to ensure the availability and proper functioning of our Platform, but we can't guarantee them. Not everything always goes as planned. We apologize in advance for the inconvenience caused.
• We're continually improving our Platform. This means that we may modify or delete parts of our Platform.
• By using our Platform, you accept the limitations of liability and disclaimer contained in our Terms and Conditions of Service. With the exceptions provided in our General Terms and Conditions of Service, you also agree to resolve any dispute that may arise between us through arbitration, and you waive your right to seek solutions from a judge or jury in a court of law, with the exceptions provided in our General Terms and Conditions of Service. Any recourse may only be dealt with on individual basis and not as a collective action
General terms and conditions of service
(Last update: May 10, 2018)
1. This Agreement
1.1 The Agreement. EZEE TEAM allows you and other members to organize EZEE TEAM groups and events offline, in real life. The terms "EZEE TEAM", "we", "us", "our" and "our" include EZEE LIFE and EZEE TEAM and our subsidiaries. We use the terms "you", "your" and "yours" to refer to any person who uses our Platform, and any entity or person who uses the Platform on behalf of an entity. We use the term "Platform" to refer to any website, application or service offered by EZEE TEAM, including the content we offer and the electronic communications we send. We provide you with our Platform subject to these Terms and Conditions of Service. We use the terms "General Terms and Conditions of Service" and "Agreement" interchangeably to refer to this document. Your use of the Platform implies your acceptance of this Agreement. If you use the Platform for an entity, you accept this Agreement on its behalf and declare that you are duly authorized to bind it to the terms of this Agreement. If you don't or can't accept this Agreement, don't use our Platform.
1.2 Revisions to this Agreement. We may amend this Agreement from time to time. We'll inform you, if necessary, by publishing the new version and updating the date at the top of this page. In the event of a material change to this Agreement, we'll take additional steps to notify you, for example by e-mail or by posting a prominent notice on our Platform. Your continued use of the Platform after these changes have been implemented, constitutes your acceptance of the revised Agreement.
2. Your account and membership
2.1 Eligibility. Our Platform is available for anyone over 18 years old. You declare that you are at least 18 years old. Other eligibility requirements for a certain part of our Platform may be implemented by any member who can moderate or manage that part of our Platform. For example, eligibility requirements for an EZEE TEAM group or an EZEE TEAM event may be defined by the organizers of that group.
2.2 Suspension of your account. We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any policy or statement that is part of this Agreement, that it is in the interest of the EZEE TEAM community, or to protect our brand or Platform. We may also delete members accounts who are inactive for an extended period of time.
A member who can moderate or manage a specific part of our Platform may also, at his or her sole discretion, modify, suspend or terminate your access to that part of the Platform.
2.3 Account information and security. When you register, you provide us with certain basic information, including your email address and a password. Please ensure that your email address and other account information is up-to-date and accurate. You also agree to keep your password secure and confidential (otherwise we may deactivate your account). You assume full responsibility for everything that happens because you have not ensured such security and confidentiality, for example by sharing your login credentials with others. If someone uses your password, please notify us immediately.
3. Your Content and Privacy
3.1 Your Content. You are solely responsible for your Content. We use the term "Content" to refer to any information, or material published on our Platform or provided to us by any means whatsoever (notices, comments or suggestions you provide us). You agree that neither you nor your Content violates the rights of any third party (such as copyright, trademarks, contractual rights, privacy or publicity rights).
3.2 Your Content License We do not claim ownership of your Content. However, in order to enable us to operate, improve, promote and protect EZEE TEAM and our Platform, and to ensure that we do not infringe any rights you may have in the Content, you hereby grant EZEE TEAM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license, sub-licensable and transferable (including the waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform and distribute your Content, and create derivative works of your Content, and to market and exploit your copyright, trademark, advertising and database rights with respect to your Content.
3.3 Confidentiality. EZEE TEAM collects information about your registration and other information about you through our Platform. These policies do not govern the use of information you provide to third parties, such as other members of the EZEE TEAM Platform.
4. Your use of our Platform
4.1 Our policies, rules and applicable law. When you use our Platform, we require you to comply with all applicable laws, rules and regulations, and not violate or infringe the rights of any third party. In the event of non-compliance, we may modify, suspend or terminate your account or access to the Platform, at our sole discretion.
4.2 Content of others. EZEE TEAM does not control the Content of other members. When we become aware of any inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we are not required to monitor other members Content, and we assume no responsibility in this regard.
4.3 Interactions with others. EZEETEAM is not involved in offline transactions concluded through our Platform. EZEE TEAM does not conduct or require background checks of members, nor does it make any effort to verify the authenticity or accuracy of its members' declarations. EZEE TEAM makes no representation or warranty regarding the conduct or Content of Members or their interactions with you.
4.4 No resale. Our Platform contains proprietary and confidential information, and is protected by intellectual property laws. Except as expressly authorized herein, you agree not to modify, reproduce, sell or charge fees, offer for sale or charge fees, manufacture, create derivative works of any part of our Platform, or distribute any part of our Platform, including, without limitation, the data or Content of others.
4.5 No technical interference with the Platform. You agree not to engage in any activities or publish any information or material that could interfere or disrupt the Platform or is designed to interfere or disrupt the Platform or any material used in connection with the Platform.
4.6 Changes to the Platform. We are constantly striving to improve our Platform. This means that we may modify or discontinue parts of our Platform or our entire Platform, with or without notice, and without assuming any liability to you or any third party.
Summary: You agree not to make us liable for what happens with respect to transactions with third parties or interactions with members, or in connection with an EZEE TEAM group or EZEE TEAM event. You also agree not to hold the organizers liable for their negligence in connection with their Content, an EZEE TEAM group or an EZEE TEAM event.
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors and other third party partners (referred to in this Agreement as "EZEE TEAM Parties") from all claims, demands and damages (direct and incidental), of any kind and nature, known and unknown, now and in the future (referred to herein as the "Action "), arising out of or related to a transaction with a third party or your interactions with other members, or related to an EZEE TEAM group or an EZEE TEAM event. You also agree to release the organizers of Actions for negligence of an organizer, an EZEE TEAM group or an EZEE TEAM event, arising from its Content or in any way related to its Content. You further waive any right and benefit conferred by any law or jurisprudence of any jurisdiction that purports to limit the scope of a release or waiver. You waive all rights and benefits, that you enjoy or may enjoy.
You agree to indemnify the EZEE TEAM Parties against any Claims by third parties arising out of or related to (a) your breach of this Agreement; (b) your use, misuse or abuse of our Platform; (c) your Content; (d) your violation of any law, rule, ordinance or regulation, or the rights of any third party; or (e) your participation in or conduct in an EZEE TEAM group or event, which would be contrary to this Agreement. You agree to promptly notify us of any Third Party Claim, to cooperate with all EZEE TEAM Parties in responding to the Claim, and to pay all costs, charges and expenses associated with the proceedings of such Claims (including, without limitation, attorney's fees). You agree not to compromise on any Claim without our prior written consent.
7. Disclaimer of warranties and liability limitation
7.1 Disclaimer of warranties. Our platform is provided to you "as is" and "as available". We expressly disclaim all warranties and conditions of any kind, including, but not limited to, warranties provided by law, and implied warranties of merchantability, fitness for a particular purpose and non-infringement. We also disclaim all warranties regarding (a) the reliability, timeliness, accuracy and operation of our Platform; (b) information, advice, services or goods obtained through our Platform or from us, or advertised on our Platform or from us, as well as information or advice received through links to other websites or resources through our Platform; c) the results that can be obtained from the Platform; d) the correction of errors that appear on the Platform; e) any element or data obtained using our Platform; and f) commitments made due to or related to the presence of marketing partners or other third parties on our Platform or found through our Platform.
7.2 Limitation of liability. You agree that in no event shall the EZEE TEAM Parties be liable for any direct, indirect, incidental, special or consequential damages, including, without limitation, damages for loss of profits, goodwill, use or data, or other intangible losses (even if the EZEE TEAM Parties were advised of the possibility of such damages), arising from or in connection with the following: a) our Platform or this Agreement or the inability to use our Platform (regardless of origin, including negligence); b) statements, or the conduct of members or third parties on the Platform, or transactions with members or third parties on the Platform; c) your use of our Platform or your transportation to and from EZEE TEAM events, your participation in EZEE TEAM events, your participation in EZEE TEAM groups or EZEE TEAM events, or your exclusion from such groups or events, and your actions or the actions of others in connection with EZEE TEAM events; or d) any other matter related to the Platform. The limitations set forth above in Section 7 do not limit or exclude liability if we commit gross negligence or fraud, or because of our intentional, malicious or reckless misconduct.
8. Dispute resolution
8.1 Informal resolution. Before filing an appeal, you and EZEE TEAM agree to seek to resolve any dispute amicably and in good faith. In this Section 9, the term "claim" refers to any dispute, claim or disagreement arising out of or related to this Agreement or your use of our Platform, including your participation in EZEE TEAM events. You or EZEE TEAM may initiate the procedure by sending a written notice in accordance with section 11.2, in which you will describe the dispute and the resolution you propose. If we are unable to resolve the issue within 30 business days of receiving the initial notification, you or EZEE TEAM may file a claim in accordance with section 9.2.
8.2 Arbitration Agreement. In an arbitration, certain rights that you or we would have in a court may not be proposed, such as discovery or appeal. You and EZEE TEAM each expressly waive any right to a trial before a judge or jury in court. This arbitration agreement will apply whether the action takes place during or after the Agreement or after its termination or during or after your relationship with EZEE TEAM.
8.3 Time limits for filing a request for arbitration. Any action subject to arbitration must be brought within one year of the date on which the party bringing the action first becomes aware of or is expected to become aware of the fact, omission or fault, or within the shortest period permitted by applicable law.
.4 Arbitration procedures. Either party may initiate the arbitral proceedings by filing a written request for arbitration with the Court of the City of Geneva and sending a copy of this request to the other party, in accordance with the notification procedures set out in the section. The arbitrator shall follow this Agreement and, to the extent permitted by the Rules, may fix costs, fees and expenses, including legal fees, in favour of the winning party, but may not condemn statements or injunctions in favour of parties outside the arbitration. The arbitral award rendered may be validated by any court having jurisdiction in the matter.
8.5 Exceptions. You or EZEE TEAM may submit appeals, if they are admissible, to the Court of the City of Geneva. You or EZEE TEAM may seek injunctions from a competent court in the city of Geneva to protect your rights or EZEE TEAM's rights in intellectual property matters during the course of the arbitration proceedings. EZEE TEAM may bring an action before a court or arbitration to collect costs or recover damages, or seek injunctive relief related to the operation of the Platform or the unauthorized use of its Platform or intellectual property. Nothing in this Section 8 shall diminish EZEE TEAM's right to modify, suspend or terminate your account or your access to our Platform pursuant to Section 2.2.
8.6 Refusal of Arbitration. You may refuse to resolve disputes through arbitration by sending us an e-mail to firstname.lastname@example.org within 30 days of the date on which you accept this Agreement. Your email must include your full name, home address, the email address registered in your EZEE TEAM account, and a statement clearly indicating that you refuse arbitration.
8.7 Collective Action Waiver. You agree to resolve disputes with EZEE TEAM on an individual basis. You agree not to bring any action as a plaintiff or member of a class action of any kind. You expressly waive any right to participate in collective actions, collective arbitrations, private actions involving an attorney general and groupings with other arbitrations.
9. Intellectual Property
9.1 Intellectual property of EZEE TEAM. EZEE TEAM's trademarks, logos, service marks and service names are the intellectual property of IDACTIV SARL. Our Platform, and in particular the elements and content contained therein, also constitutes our intellectual property or the intellectual property of our licensors. You agree not to use our intellectual property without our prior written consent.
9.2 Intellectual property of third parties. EZEE TEAM respects the intellectual property of others and relies on its members to do the same. We may, in the relevant circumstances and at our sole discretion, remove or disable access to content that infringes the intellectual property of third parties. We may also limit or terminate access to our Platform to those we consider to be repeat offenders.