General Platform Conditions, January 2022
Article 1 – Definitions
Customer: the Consumer who purchases one or more Services from Zizo through using the Platform
App: Zizo’s mobile application available for Apple iOS and Android
Consumer: the natural person not pursuing professional or commercial activities
Services: the economic activities (other than salaried employment) described on the Platform
Service Agreement: the agreement between Zizo and the Customer for performing one or more Services
Service Conditions: the general conditions that apply to a Service Agreement concluded (through the Platform) between Zizo and the Customer
User: the Customer and/or any other user of the Platform or a certain number of its functionalities
User Account: a personal online account that each User must create through registration before being able to use the Platform or a certain number of its functionalities
Platform: the free, online platform environment, to be accessed through the Website and App, on which Zizo provides all or certain functionalities and services to a User
Platform Conditions: these general conditions
Privacy Statement: the general conditions that apply to Zizo’s processing of personal data and which can be found on the Website
Website: www.zizo.nl and any of its subpages
Zizo: the private limited company Zizo B.V. in Uden, registered with the Chamber of Commerce under number 83500278.
Article 2 – Applicability
2.1 These Platform Conditions apply to any use of the Platform through the Website or App. By using the Platform, the User states that they are bound by the Platform Conditions. Zizo expressly rejects any general or special conditions that the User applies.
2.2 If Zizo and a User communicate outside the Platform, for example by email or telephone, because of or through use of the Platform, the provisions of these Platform Conditions also apply to this contact.
2.3 If one or more provisions of these conditions are fully or partially void or voidable at any time, the remainder of these Platform Conditions will continue to apply in full.
2.4 Besides these Platform Conditions, Zizo may declare special conditions applicable to the legal relationship between Zizo and a User. If and insofar as Zizo’s special conditions are inconsistent with the Platform Conditions, the special conditions will be given preference.
2.5 Zizo may amend the Platform Conditions at any time. In that case, the current version when the User logs in to or visits the Platform through the Website or App always applies. Zizo will notify the User if the Platform Conditions have changed.
2.6 The User waives any right to nullify all or part of the Platform Conditions on the basis of error.
Article 3 – Registration and access to the Platform
3.1 As registration is or could be required to gain access to all or certain parts of the Platform, the User must register in the manner that Zizo prescribes and create a User Account. Zizo may refuse a registration without giving reasons and impose further conditions on the registration and use of the Platform at any time.
3.2 The User must cooperate so Zizo can check the data and/or documents provided during registration. The User warrants that the information they provide to Zizo is correct and complete. The User must inform Zizo immediately of any change to this information.
3.3 The User Account is personal. Only the User may use their User Account. A User may not transfer any rights relating to or arising from the use of the Platform to a third party without Zizo’s consent.
3.4 The combination of user name and password linked to the User Account serves as identification for all acts, including those intended to have legal effect, performed in a particular case as a result of using the Platform. Statements, including declarations of intent, made or received, acts performed, and data provided through the Platform are deemed to be done on behalf of the relevant User.
3.5 If the User knows or suspects that another person might know their user name and password, they must change the password and notify Zizo immediately.
3.6 Zizo may block a User account and/or deny a User access to all or part of the Platform or its functionalities and/or terminate or suspend a registration at any time, without giving reasons.
Article 4 – Security, updates, and personal data
4.1 Zizo will endeavour to implement appropriate technical and organizational measures to secure the Platform and create and maintain a secure online environment. If the User is aware that the security is inadequate, they must notify Zizo of this immediately by telephone and in writing (including by email). If necessary, Zizo will perform periodic and/or occasional updates or implement additional technical and organizational measures. To continue using the Platform or certain functionalities of it, a User must always use the latest version of the Platform (after any updates and/or upgrades).
4.2 Personal data of the User and/or Customer will be processed when they use the Platform. Zizo’s Privacy Statement applies to the processing of these personal data.
Article 5 – Use of the Platform
5.1 Zizo does not charge the User any fees for using the Platform. A User’s use of the Platform may not violate the Platform Conditions and is permitted only on the basis of fair use. The User must exercise due care at all time, and not provide access to the Platform to third parties without Zizo’s consent.
5.2 Each User uses the Platform or certain functionalities, which Zizo makes available to them ‘as is’, for the use that Zizo authorizes at their own expense and risk.
5.3 The provisions of Article 5.1 do not affect the fact that the User must use a proper anti-virus and anti-malware program before and during use of the Platform and its functionalities and/or otherwise implement adequate protective security measures.
5.4 The User must not spread viruses or other malicious programs or data on the Platform. Among other things, the User must not reverse engineer, decompile, hack, disassemble, modify, copy, disrupt, or disable the functioning and performance of the Platform or its functionalities.
5.5 Zizo bears no responsibility and accepts no liability for a User’s incorrect and/or negligent use of the Platform or its functionalities.
Article 6 – Content and intellectual property
6.1 Although Zizo endeavours to present reliable and up-to-date information on the Platform, it cannot warrant that this information is always error-free, complete, and current. No rights can therefore be derived from the general or other information on the Platform or from the information given by email, the chat function, or telephone. Zizo also accepts no liability for damage or loss resulting from inaccuracies or omissions in the content of the Platform, or for damage or loss resulting from problems caused by or inherent to spreading information through the internet, such as breakdowns or interruptions of or errors or delays in providing information or Services.
6.2 Hyperlinks or other references on the Platform might refer to third-party information or websites. Zizo is not responsible for the content of that information or third-party websites.
6.3 The Platform, its functionalities, and its content, including, but not limited to, the texts, design, images, software, brands, logos, and any other information are subject to intellectual property rights belonging to Zizo. This content may be used only to use the Platform. The User receives only a limited right of use to use the Platform or a certain number of its functionalities and Zizo can terminate this right of use at any time. Unless Zizo gives its express, prior, and written consent, the User may not use the functionalities and/or content of the Platform for other purposes, such as their publication and/or distribution, for commercial or other purposes.
Article 7 – Formation and performance of agreements
7.1 The User may request offers and/or make booking requests for Services through the Platform. Zizo may issue an offer to the User to perform Services based on a request for an offer or booking but is not obliged to do so.
7.2 Every offer by Zizo is without obligation, meaning that Zizo may withdraw an offer as long as the offer has not yet been accepted or immediately after the User has accepted it.
7.3 Zizo is not bound by obvious mistakes or errors in an offer.
7.4 If Zizo makes an offer to the User, the User may accept this offer, as a result of which – notwithstanding the provisions of Article 6.2 of these conditions – an agreement will be formed between the User and Zizo. Zizo’s Service Conditions apply to this agreement.
Article 8 – Reviews
8.1 If and insofar as it is possible to post reviews relating to the Services on or through the Platform, the following provisions apply.
8.2 A review must relate to a completed Service, i.e. to the quality of a completed Service and not, for example, to the person who performed the Service. A review may be posted only if a Service has actually been purchased through and performed by Zizo and/or a third party hired by Zizo.
8.3 Using inappropriate language, such as insults, threats, terms of abuse, references to illnesses or disorders, racist expressions, and so on, is prohibited when writing a review. An expressed opinion should not be unnecessarily hurtful. The review must not contain personal or other sensitive data. Promoting or mentioning other websites, apps, companies, and/or services is not permitted. Other commercial content of the review is also prohibited.
8.4 Zizo aims for the reviews on the Platform to provide a fair, transparent, and complete picture of Customers’ experiences of a Service. Zizo may refuse to post reviews on the Platform and may remove reviews already posted at any time, without giving a reason. In particular, Zizo will refuse or remove a review if it violates the foregoing provisions.
8.5 A review can also be removed at the request of the User who posted the review or of a third party.
Article 9 – Chat function
9.1 If and insofar as communication is possible between the User and Zizo, for example through a chat function, the following provisions apply.
9.2 The chat function is intended to support the contact between the User and Zizo. The User must not use the chat function for any other purpose. Although Zizo endeavours to keep the information in the chat feature as complete, accessible, and up to date as possible, the content might be incomplete or incorrect. The User therefore cannot derive any rights from the content of the chat function.
9.3 The User is responsible for all content that they send to Zizo through the chat function. In particular, the User is responsible for ensuring that they have the right to share that content and that the content does not violate third-party rights.
9.4 Using inappropriate language, such as insults, threats, terms of abuse, references to illnesses or disorders, racist expressions, and so on, is prohibited. An expressed opinion should not be unnecessarily hurtful. Content shared in the chat function must not contain personal or other sensitive data of third parties.
9.5 Zizo reserves the right to suspend or terminate the User’s access to the chat function at any time.
Article 10 – Liability
10.1 Zizo’s liability for damage or loss that the User suffers arising from and/or related to using the Platform is limited as set out in this article.
10.2 Any liability of Zizo is excluded unless it and/or its employees have acted intentionally or been wilfully reckless. If and insofar as ruled otherwise as a matter of law, Zizo’s liability – if and to the extent it remains after applying the other provisions of these Platform Conditions limiting liability – is capped at the amount paid by the insurer if and insofar as the liability is covered by liability insurance and the insurer proceeds to pay; or, if the insurer does not proceed to pay or the damage or loss is not covered by insurance in any case, is capped at the invoice amount excluding VAT that Zizo has charged or will charge to the Customer in connection with the Services or a part of the Services if the liability relates to a part of the Services.
10.3 Zizo’s liability for consequential damage, which also includes lost profit, financial loss, and lost income, is expressly excluded.
10.4 Zizo is not liable for damage or loss caused by or resulting from the incompleteness and/or inaccuracy of data provided and/or statements made by a User.
Article 11 – Applicable law and forum
11.1 Only Dutch law governs these Platform Conditions and the use of the Platform, even if an ensuing obligation is or must be fully or partially performed abroad.