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ZII$ POLICY

Version 1.1
April 2010
Copyright © 2010 Zii Pte. Ltd. All Rights Reserved

  1. WHAT ARE ZII$
  2. Zii$ USAGE
  3. Zii$ PURCHASE
  4. Zii$ PEGGED CURRENCY
  5. Zii$ VALIDITY PERIOD
  6. Zii$ TRANSFER
  7. USAGE RULES
  8. LIABILITY
  9. UNAUTHORIZED TRANSACTIONS
  10. NO WARRANTY
  11. LIMITATION OF LIABILITY
  12. NO WAIVER
  13. EXCLUSION OF LIABILITY
  14. INDEMNIFICATION
  15. FORCE MAJEURE
  16. HEADINGS; INTERPRETATION


1.    WHAT ARE Zii$?

Zii$ are virtual currency used for online purchase(s) of selected Product(s), Service(s), Software and/or Content.  Zii$ can be used to pay (whether partially or in full) for selected Product(s), Service(s), Software and/or Content on Site(s) including www.zii.com and any other affiliated or participating website(s).

All references to “Zii$” shall mean Zii Dollars or Zii Dollar, as the case may be.

2.    Zii$ USAGE

You can select to pay with Zii$, or may use Zii$ amount limited to the Zii$ balance in Your Zii Account.  Zii$ will be deducted from Your credit fund (“Zii$ Credit Fund”) balances only when the transaction is successful.  However, if there is an insufficient Zii$ amount in Your Zii$ Credit Fund, the transaction will be rejected.

Zii$ can only be used to offset the final amount for item(s) indicated with a Zii$ icon on Site(s) including www.zii.com and/or www.ziilife.com across the Product, Service(s), Software and/or Content categories.  Deduction of Zii$ will be reflected on the invoice.  Other terms and conditions apply. 

All transactions using ZiiMeet are charged with Zii$.  To use the ZiiMeet services You will need to have a sufficient balance of Zii$ in Your Zii Account.  Zii$ can be purchased from www.zii.com.  (For further details, please see Section 3 below.)

3.    Zii$ PURCHASE

Zii$ can be purchased from Your Zii Account at www.zii.com.  It is available in denomination of Zii$10.  Upon Your purchase, the corresponding amount of Zii$ will be credited to Your Zii$ Credit Fund.  Please note that Zii$ are account specific and are strictly non-transferrable.

If You wish to pay for any selected Product(s), Service(s), Software and/or Content with Zii$, You will need sufficient Zii$ credits in Your Zii$ Credit Fund.  Zii$ credits may be purchased using Your credit card, or they may be awarded to You under the terms of a promotional voucher, or other means which may be introduced by us, from time to time. 

You may top up Your Zii$ Credit Fund only by purchasing Zii$ credits with Your credit card.

You may check Your Zii$ Credit Fund balance by accessing the Zii$ Summary section after logging into Your Zii Account.  In the event that Your Zii$ balance falls to near Zii$0, we may take reasonable steps to remind You to top up Your Zii$ Credit Fund.  However, You are solely responsible for ensuring that You have sufficient valid Zii$ credits in Your Zii$ Credit Fund at all times.  We will not be responsible if any warning e-mails are not sent or are not received by You.

Zii$ credits may be redeemed for select offers made from time-to-time. The redemptions are non-refundable.

For security reasons and to prevent any indiscriminate or unauthorized access or usage of Your Zii$ Credit Fund, we may at our sole discretion, impose limits on the amount of Zii$ you can purchase in one day, with or without prior notice to You.

Please refer to our Payment Policy for further details.

4.    Zii$ PEGGED CURRENCY

Zii$ is equivalent to US$1.

5.    Zii$ VALIDITY PERIOD

Zii$ has a validity period of twelve (12) months, with effective from the date of purchase at www.zii.com.  Zii$ effective date of expiry occurs on the first day of every month, at 00:00 hours (+0800 hours GMT) Singapore time.  The Zii$ expiry date(s) and balance(s) will be reflected on the Zii website, in Your Zii$ Credit Fund.  Your Zii$ balance(s) are scheduled to be updated on the first day of every calendar month.  You are advised to fully utilize Your Zii$ before it expires.

Examples to illustrate the validity of Zii$ over different purchase periods:

If You have purchased Zii$10 from www.zii.com  on 13 April 2010, the expiry date and time will be on 1 May 2011 at 00:00hours (+0800 GMT).  In another illustration, if You have purchased Zii$100 on 30 June 2010, the expiry date and time will be on 1 July 2011 at 00:00 hours (+0800 GMT).  In any event, You will be able to check on the expiry date(s) in Your Zii$ Credit Fund in Your Zii Account page.

Zii$ Balance in Your Zii$ Credit Fund:

My Zii$ Balance 
Expiring on
Purchase Zii$10 on 13 April 2010 1st May 2011
(00:00hours, +0800 GMT)
Purchase Zii$100 on 30 June 2010 1st July 2011
(00:00hours, +0800 GMT)


Effective utilization of Zii$ for partial or full payment of Product(s), Service(s), Software and/or Content are practiced on a first in first out basis.  Based on the illustration above, a partial payment utilizing Zii$30 on 20 July 2010 would deduct Zii$10 purchased on the 13 April 2010 and Zii$20 purchased on 30 June 2010.  This would effectively leave a balance of Zii$80 (that is, Zii$100-Zii$20).  This amount will expire on 1 July 2011, 00:00 hours (+0800 GMT).

6.    Zii$ TRANSFER

Zii$ are strictly not transferrable to other Zii Accounts, nor exchangeable for cash under any circumstances.

7.    USAGE RULES

You agree to and undertake that You shall use our Site(s), Product(s), Service(s), Software and/or Content for lawful purposes only and shall not in the course of Your use of our Site(s), Product(s), Service(s), Software and/or Content, or in the course of interaction with another User or a third party under any circumstances:

i.    Breach this Agreement, the ZiiLife Terms and Conditions Agreement and/or any other agreements that You have entered into;

ii.    Infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

iii.    Act in a manner that is defamatory, slanderous, trade libelous, unlawful threatening or unlawfully harassing;

iv.    Provide false, inaccurate or misleading information;

v.    Send or receive what we deem to be fraudulent or potentially fraudulent funds;

vi.    Use an unidentifiable Internet proxy;

vii.    Use Your Zii$ in a manner that Zii deems to be an abuse of the Zii$ or a violation of billing solutions;

viii.    Use any device, software, algorithm or routine to bypass and/or interfere and/or attempt to interfere, with our Site(s), our Product(s), Service(s), Software and/or Content;

ix.    To falsely or fraudulently change and/or edit the usage of Zii$ and /or the payment section to effect false payment(s) or otherwise commit any act of any kind which would constitute a criminal offence, give rise to a civil liability and/or otherwise violate any applicable local, state, national, regional or international law, by-law or regulation;

x.    Take any action that may cause Zii to lose any of the Service(s) from our internet service provider, cause payment(s) delay in our processors and/or other potential engagements.

 

8.    LIABILITY

Zii shall in no event be liable or responsible for any costs, damages, loss or expenses including without limitation, direct, indirect or special damage, or consequential damage, or economic loss arising from or in connection with:

i.    Any access, use or the delay or inability to access or use of Zii$, or reliance on the information related to Zii$;

ii.    Any system, server or connection failure, error, omission, interruption, delay in transmission, or computer failure;

iii.    Any use of or access to any other web site linked to zii.com;

iv.    Any Product(s), Service(s), Software, and/or Content, information, date, Software or other material obtained from zii.com or from any other web site linked to zii.com.


In the event that You engage in any restricted activities set out in Section 7 above, we may take various action(s) to protect Zii, other Users or third parties, from claims, fees, fines, penalties and/or other liability. The actions we may take at our sole discretion include but are not limited to the following:

i.    We may at our sole discretion suspend or terminate Your Zii Account, and/or refuse to provide our Product(s), Service(s), Software and/or Content to You in the future;

ii.    We may take legal action against You;

iii.    We reserve all rights to otherwise restrict Your access to the Site(s) or access to any of the Product(s), Service(s), Software and/or Content, for any reason whatsoever, at our sole discretion.

 

9.    UNAUTHORIZED TRANSACTIONS

You can inspect your transaction history at any time by logging in to Your Zii Account and clicking on the ‘History’ tab.  It is very important that You immediately notify Zii Contact Center if you believe any of the following activities have occurred:

i.    There has been an unauthorized transaction from Your Zii Account;

ii.    There has been an unauthorized access to Your Zii Account;


You are responsible for safeguarding the security of Your Zii Account.  Zii shall not under any circumstances be liable or responsible for nor entertain any requests for reimbursement of Zii$ or any monies due to unauthorized or improper access into Your Zii Account whether by hacking or otherwise.

10.    NO WARRANTY 

The information and material on the Site(s) are provided for informational and/or entertainment purposes only.  Your access to and use of the Site(s) are entirely at Your own risk.  The Site(s) are provided "AS IS" and “AS AVAILABLE” and to the maximum extent permitted by applicable law, we disclaim all representations and warranties, express or implied, regarding the Site(s), including, without limitation, its fitness for a particular purpose, its quality, merchantability, performance, non-infringement of third party rights, accuracy, completeness or other characteristics, or the results obtained by using the Site(s).  We do not warrant that the Site(s) are free from bugs, defects, viruses, errors, or other program limitations, nor do we warrant access to the Internet or any other service through the Site(s).  Some states and countries do not allow the exclusion of implied warranties, in which event the above exclusions may not apply to You depending on the relevant jurisdiction.  In that event, any implied warranties are limited in scope to the extent permitted by applicable law.

11.    LIMITATION OF LIABILITY 

YOU AGREE THAT YOUR SOLE REMEDY FOR OUR BREACH OF THESE TERMS AND CONDITIONS, AND OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY, SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE ON OUR INVOICE FOR THE PRODUCTS(S), SERVICE(S), SOFTWARE AND/OR CONTENT THAT HAS BEEN PAID BY YOU.

12.    NO WAIVER

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.

Zii will make reasonable efforts to ensure that requests and transactions involving Zii$ are processed in a timely manner.  Zii however, does not guarantee continuous, uninterrupted or secure access to our Product(s), Service(s), Software, and/or Content and operation of our Site(s) may be interfered with by numerous factors outside of our control.  Zii makes no representations or warranties regarding the amount of time needed to complete processing as our Services. 

13.    EXCLUSION OF LIABILITY
 
IN NO EVENT WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AFFILIATED COMPANIES OR THE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OF OUR AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIM FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL  OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORESEEABLE OR THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR ATTENTION.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, SO SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.  IN THAT EVENT, RECOVERABLE DAMAGES WILL BE LIMITED IN SCOPE AND AMOUNT TO THE LEAST ALLOWABLE BY APPLICABLE LAW.

14.    INDEMNIFICATION

You agree to indemnify, defend and hold us and all of our agents, directors, officers, shareholders, employees, contractors, content/information providers, licensors and licensees and our affiliated companies as well as their agents, directors, officers, shareholders, employees, contractors, content/information providers, licensors and licensees of our affiliated companies, (collectively "Indemnified Parties") harmless from and against any and all liability, expenses and costs (including, without limitation, reasonable attorneys' fees), incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these terms and conditions.  You will cooperate as fully as reasonably required in the defense of any claim.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without our written consent.  

15.    FORCE MAJEURE 

WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS OR ANY ORDER, TRANSACTION OR RELATED DOCUMENTS OR ANY DELAY IN PERFORMANCE, DUE TO, WHETHER DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT, MACHINERY, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, STRIKES, LABOR DIFFICULTIES, RIOT, WAR, GOVERNMENT INTERVENTION, EMBARGOES, FLOOD, FIRE, EXPLOSION, EPIDEMICS, ACTS OF GOD, LATE DELIVERIES BY SUPPLIERS OR ANY OTHER EVENTS OR OTHER DIFFICULTIES WHICH ARE BEYOND OUR CONTROL, OR THE CESSATION OF OUR BUSINESS. 

16.    HEADINGS; INTERPRETATION 

Unless the context requires otherwise:

i.    Section headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer.  Such   headings shall be ignored in the interpretation or construction of any of the terms and conditions;
ii.    Words importing a gender include any other gender;
iii.   Words importing the singular include the plural and vice versa;
iv.   A reference to a person includes a partnership and a body, whether corporate or otherwise;
v.    A reference to a clause is a reference to a clause in these Terms and Conditions;
vi.   A reference to a party includes that party’s lawful successors and permitted assigns;
vii.  Where a word or phrase is given a particular meaning, the other parts of speech and grammatical forms of that word or phrase have corresponding meanings; and
viii. No rule of construction applies to the disadvantage of a party solely because that party was responsible for the preparation of this policy or any part of it.


Copyright © 2010 Zii Pte. Ltd. All rights reserved.