ZED-TERMS AND CONDITIONS

1. Agreement to Terms and Conditions

These terms of use constitute a legally binding agreement between you, whether individually or on behalf of an entity (“you”) and us (“Company”, “we”, “us” or “our”) concerning the use of ZED as well as any other software, mobile application, website or service linked to ZED. You agree that by accessing our services, you have read, understood and agreed to be bound by these terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES AND DO NOT ACCESS THE WEBSITE OR ENGAGE IN THE SERVICES.

2. User representations

By using Zed products and services, you represent and warrant that: (1) You have the legal capacity and you agree to comply with these terms and conditions; (2) you are not a minor in the jurisdiction you reside; (3) you will not use our services for any illegal or unauthorized purpose; (4) your use of our services will not violate any applicable law.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Zed (or any portion thereof).

3. Requirements for Registration

In order to use the Service, you hereby consent to provide and agree to complete all required information elements on the Service registration web pages and application. You must register a valid mobile payment option as a Payment Instrument or use a KCB Bank Card to make Payment Transactions. You undertake and agree to provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.

We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.

By agreeing to this Terms of Service for Buyers, you represent that you are:

• 18 years old or older; and
• capable of entering into a legally binding agreement.

Students who apply for this service consent to KCB Bank using the personal information they provide for the purpose of producing and issuing a bank card.

4. Privacy

You understand and agree that any personal information provided to us in connection with the Zed services is subject to our privacy policy.

5. Username and Password Information

You are responsible for:

1. maintaining the confidentiality of your username and password,
2. any and all transactions by persons that you give access to or that otherwise use such username or password, and
3. any and all consequences of use or misuse of your username and password.

You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Zed Service of which you have knowledge.

6. Service Fees

We do not charge a fee to use the Zed Services to purchase goods or services as a customer. Service fee may be applicable to other services provided, such as receiving payments against requests issued by you to other customers.

7. Modifications and Interruptions

We reserve the right, in our sole discretion, to change, modify, or amend any portion of these terms and conditions from time to time. We will alert you on any changes by updating the “Last updated” dates of these terms and conditions, and you waive any right to receive specific notification of each such change.

We reserve the right to change, modify or remove the contents of the Zed service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any feature or content on our service. We also reserve the right to modify or discontinue all or part of the Zed service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the service.

We cannot guarantee the Zed service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Zed service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Zed service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use Zed services during any downtime or discontinuance of Zed services. Nothing in these terms and conditions will be construed to obligate us to maintain and support the Zed service or to supply any corrections, updates, or releases in connection therewith.

8. Intellectual Property Disclosure

The Zed platform is our proprietary property and all source code, databases, functionality, software, website designs, text, photographs and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned, controlled by or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights, international copyright laws and international conventions. Except as expressly provided in these Terms of use, no part of the Zed service and no Content or Marks may be modified, sold, shared, rented, loaned, distributed, licensed, or otherwise exploited for commercial purpose whatsoever, without our express prior written permission.

9. Service Management

We reserve the right, but not the obligation, to (1) monitor the Zed service for violation of these terms and conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms and conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your Zed account; and (4) otherwise manage the software in a manner designed to protect our rights and property and to facilitate proper functioning of the Zed service.

10. Taxes

Your taxes and duties are your responsibility. Users are solely responsible for paying any and all taxes, duties, and assessments that may be claimed or imposed by a governmental body in connection with their use of the Zed services.

11. Dispute Resolution

You and we agree that any disputes relating to the Zed services will be settled by mandatory binding arbitration, and you waive any right to a jury trial, class-action lawsuit, or class-wide arbitration. You agree that any claim you bring against Zed is in your individual capacity, and not as a class member, class representative, or as part of a class action. You are making a legally binding agreement.

12. Warranty Disclaimer

These terms of use shall remain in full force and effect while you use our services. By ceasing payment of the annual subscription, you terminate your ZED account. Such termination will result in deactivation of your account and access to it. If you terminate your subscription in the middle of a billing cycle, you will not be granted a refund.

We reserve the right to refuse you access to our Services if, in our sole discretion, you fail to comply with any provision of these terms and conditions or other policies we may establish from time to time.

Additionally, we reserve the right to deny you access to Zed services or to terminate all or a portion of the Services at any time and without notice, including, without limitation, if we have reason to believe that: (a) you are abusing the Services; (b) you are using the Services for illegal activities; or (c) it is not financially feasible for us to continue offering the Services to you. These are in addition to any other legal or equitable rights or remedies that may be available to us, all of which we expressly reserve.

13. Third Parties

If You use the Zed service in conjunction with third-party products, you are responsible for complying with the terms and conditions and privacy policies of the third-party providers, and all such use is solely at your risk. You are also solely responsible for reading the policies of third parties and third-party sites.

No person who is not a party to these terms and conditions as well as the Zed Agreement will have any right to enforce it.

14. No Endorsement Of Products

Zed does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any product/service, or accuracy of the description of products/service, or of any advice, opinion, offer, proposal, statement, or any other information (collectively, “Content”) displayed or distributed, purchased or paid through the Zed service; or (b) the ability of buyers to pay for products/services or sellers to deliver products. Zed hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service.

15. Warranty Disclaimer

Zed services and all content, software, materials, products (including POS terminals) and other services included on or otherwise made available to you through Zed are provided by Zed on an "as is" and "as available" basis, unless otherwise specified in writing. We give no warranties of any kind, express or implied, as to the operation of the Zed services and products (including POS terminals), unless otherwise specified in writing. You expressly agree that your use of Zed services is at your sole risk.

We do not warrant that the Zed software, application or any of its content is virus free. You must take your own precautions in respect to this as we accept no responsibility for any virus infection or any other contamination by anything that has destructive properties.

16. Limitation of Liability

ZED shall not be liable for any indirect or consequential damages, including, but not limited to, lost time, lost money, lost profits or good-will, whether in contract, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen resulting from use of our services, the software and its content.

We reserve the right to change, suspend or discontinue any aspect of the service at any time, without notice and without liability. We also reserve the right to impose limits on certain service features or restrict access to parts or all of the Zed service without notice and without liability.