Terms of Use

Terms and Conditions 

These Terms and Conditions (Hereinafter the “T&Cs “) regulate the use of the website www.zaar.com.mt (hereinafter referred to as ‘ZAAR’)and the services operated by P.E.I Ltd Company registration:  C 71923 registered office: Centre for Entrepreneurship & Business Incubation, Dar Guzeppi Zahra, University of Malta, Msida MSD 2080 Malta, (hereinafter referred to as ‘PEI Ltd.’). By using the Services, Users agree to be bound by these Terms of Use, and any other conditions or policies issued by Zaar (collectively, the “Terms”). ZAAR may amend the Terms at any time by posting a revised version of the Terms on our website. Continued use of the services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Definitions

In these T&Cs the following expressions have meaning as follows:

  1. Project Owners refers to the Users who are raising funds;
  2. Campaigns means Users’ fundraising campaigns;
  3. Donors are users contributing donations or supporters or backers ;
  4. Users shall refer to Project Owners, Donors and any other visitors of the website.

By using the ZAAR website (the “Site”) and services (referred to as “ZAAR,” “we,” or “us”), you are agreeing to these legally binding rules (the “Terms”). 

Applicability

Sections A, B, E, F, G, H, I, J, K, L, M, N, O shall apply to all Users including Project Owners and Donors.

Section C shall be applicable to Donors.

Section D shall be applicable to Project Owners.

  • Setting up an Account

ZAAR can be browsed without registering for an account; however some of ZAAR’s functions require registration. To sign up for an account, you need to be at least 18 years old. An identification document may be requested for proof of age. Register by choosing an account name, and set a password or register via your Facebook account. Ensure that the information you give Us is accurate and complete. Impersonating anyone else or choosing names that are offensive or that violate the rights of others may lead to the cancellation of your account. 

As a User you are responsible for all the activity on the account, and for keeping your password confidential. If someone has used your account without your permission, you should report it to [email protected] 

  • Projects

ZAAR provides a funding platform for projects. When a Project Owner posts a project on ZAAR, they are inviting the public to support their project. Users who support a project by donating/pledging are accepting the Project Owners’ offer. 

While ZAAR is not a party to the agreement between the Project Owners and the Donors, the following terms must rule that agreement: 

  1. ZAAR will operate under the all-or-nothing (AoN) policy and therefore pledges will be refunded to donors should a project not meet its funding targets. Any bank / money transfer fees will be deducted from the funds transferred to the project owner together with transaction fees.
  2. In the exception of the following ZAAR will operate under the Keep it All (KIA) policy and  will transfer all donations received in that campaign even if the campaign is unsuccessful in reaching its goal :
  1. a life cause (raising funds for treatment that could save or improve the quality of life of an individual);
  2. a philanthropic cause;
  3. any other campaign at the discretion of ZAAR;

 

  1. Once the Campaign is complete and funds are transferred to the Project Owner, the Project Owners may decide to refund a donation; however, a donation can never and under no circumstances be refunded by ZAAR once a campaign is complete.
  2. When a project is successfully funded, the project owner must complete the project and fulfil each reward. Once a project owner has done so, they have satisfied their obligation to their donors. 
  3. Project owners owe their donors a high standard of effort, honest communication, and  dedication to bringing the project to life. 
  4. Donors are aware that there may be changes or delays to the conclusion of the Project, and there might be certain circumstances that prevent the Project Owner from being able to finish the project as promised. Provided that, Project Owners must make every reasonable effort to conclude projects. A project owner in this position has only remedied the situation and met their obligations to donors if: 
  • they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
  • they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that is communicated to donors; 
  • they are able to demonstrate that they have used funds appropriately and made every reasonable effort to complete the project as promised; 
  • they have been honest, and have made no material misrepresentations in their communication to donors; and 
  • they offer to return any remaining funds to donors who have not received their reward (in proportion to the amounts donated), or else explain how those funds will be used to complete the project in some alternate form.

  • Donations
    • Donors are aware that they are giving a donation and a reward might not be given. ZAAR strongly encourages you to donate within your budget.
    • Once you give a donation, ZAAR will charge your card. ZAAR and its payment partners will authorize your credit card for the full donation, at the time of donation in order to collect the funds. 
    • ZAAR partners with other companies for payment processing. When you donate to or create a project, you are also agreeing to the payment processor’s terms of service. 
    • You can change or cancel your donation at any time before the project’s funding deadline. During the last 48hrs of the campaign, you can’t decrease or cancel your pledge without contacting customer support first ([email protected]). Once the project has been funded, you can only cancel or change your pledge by making special arrangements directly with the Project Owner, at their discretion. 
    • The estimated delivery date is the Project Owners’ estimate of when they will provide the reward — not a guarantee to fulfil by that date. The schedule may change as the project owner works on the project. We ask project owners to think carefully, set a date they feel confident that they can work toward, and communicate with donors about any changes. 
  • ZAAR does not offer refunds following the successful conclusion of a campaign, the responsibility for finishing a project lies entirely with the project owner. ZAAR does not hold funds on project owners’ behalf and  cannot guarantee that the project will be completed and rewards given 

  1. Terms applicable to Project Owners

 

  • Project Owners shall endeavour to present honest and accurate project applications.
  • Acceptance of projects is solely and exclusively ZAAR’s exclusive right and the Project Owners are aware that ZAAR reserves the right to refuse a Project for any reason whatsoever including, but not limited to, illegal or prohibited rewards, and/or Projects such as:
  1. Any medical treatment, processes or methods.
  2. Contests, coupons, gambling, and raffles.
  3. Plants, animals or genetically modified organisms.
  4. Energy food and drinks, alcohol, tobacco, drugs.
  5. Offensive material including pornographic material.
  6. Offering financial, money-processing, or credit services; financial intermediaries or cash-equivalent instruments; travel services; phone services and business marketing services.
  7. Political fundraising.
  8. Resale. All rewards must have been produced or designed by the project or one of its creators.
  9. Weapons, replicas of weapons, and weapon accessories.

ZAAR also reserves the right to cancel a campaign should it have any reason to believe that the Project Owners are acting in any manner deemed to be illegal or immoral. Projects could take one to two weeks to be reviewed if not of a technical nature, whilst technical projects may take some more time if experts in the field need to be involved in the review of such projects. Provided that, there could be delays due to unforeseeable circumstances. 

  • Following the conclusion of a project, Project Owner can decide to refund individual donations. 
  • ZAAR and its payment partners will subtract fees before transmitting the proceeds of a campaign. The Project Owners acknowledge that there might be a delay between the end of a successful campaign and  access to the raised funds. 
  • Users’ Obligations

Users agree that they shall:

  • not post false, misleading, or inaccurate information or carry out any deceptive or fraudulent acts. 
  • not offer any rewards that are illegal, violate any of ZAAR’s policies, rules, or guidelines, or violate any applicable laws. 
  • not do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, or invasive of another person’s privacy. 
  • not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters including run mail lists, listservs, or any kind of auto-responder or spam on or through the Site. 
  • not distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site 
  • not abuse other users’ personal information. 
  • not interfere with the proper workings of the Services.
  • not bypass any measures we have put in place to secure the Services.
  • not try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to ZAAR or another party. 
  • not take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. 
  • not use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site. 
  • not take apart or reverse engineer any aspect of ZAAR in an effort to access things like source code, underlying ideas, or algorithms.
  • not to engage in practices of a questionable nature, including online or business activities that may damage or otherwise adversely affect the reputation of ZAAR.
  1. Our Fees

The use of ZAAR is free of charge. Nonetheless ZAAR retains the right to amend its policy including the right to charge fees at any time. 

You are responsible for paying any additional taxes (if applicable) associated with your use of ZAAR. 

 

  1. Other Websites

ZAAR may contain links to other websites (e.g. project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We do not control or endorse those sites. 

  1. Users’ Intellectual Property

ZAAR does not own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our services. When you submit a project for review, or launch a project, you agree to these terms: 

  • You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable right to use, exercise, commercialize, and exploit the intellectual property rights with respect to your Content. 
  • You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content. 
  • Unless you have the appropriate permissions, do not submit Content that will contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material.
  • You will pay all royalties and other amounts owed to any person or entity based on your Content.
  • You warrant that if we use your Content, we are not violating anyone’s rights or copyrights. 
  • You are responsible for the Content you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated. 
  • ZAAR will not be liable for any errors or omissions in any content. 
  1. ZAAR’s Intellectual Property

 You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service. 

ZAAR grants you a license to reproduce content from the Services for personal use only. This license covers both ZAAR’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from ZAAR or the relevant copyright holder. 

Users undertake not to issue any press release or make any official announcements to the public containing the names or logos of ZAAR, without first obtaining the written agreement of ZAAR. 

  • Data Protection and Privacy Policy
  1. By using the Site, you agree to the terms of this Data Protection and Privacy Policy. 
  2. For the purposes of this section J following terms shall have the following definition:
  1. “Personal Data” means any information relating to an identified or identifiable natural person (data subject); this may include, but is not limited to, names, email addresses, IP addresses, and any other data that can be used to identify you;
  2. “Processing” means any operation or set of operations performed on Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation, retrieval, consultation, use, disclosure, erasure, or destruction;
  3. “Privacy Policy” means this section J Data Protection and Privacy Policy of the Terms and Conditions that outlines how We collect, use, store, and protect your information when you visit our website www.zaar.com.mt;
  4. “Data Subject” refers to any individual whose Personal Data is being collected, held, or processed;
  5. “Data Controller” ZAAR, located at www.zaar.com.mt, is the data controller responsible for your personal data collected via this website.
  6. “Data Processor” means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller;
  7. “Consent” means any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of Personal Data; 
  8. “Usage Data” refers to data collected automatically, either generated by the use of the ZAAR website or from the ZAAR infrastructure itself (for example, the duration of a page visit);
  9. “Third Party” means any natural or legal person, public authority, agency or body other than the Data Subject, the Data Controller, the Data Processor and persons who, under the direct authority of the Data Controller or Processor, are authorised to process Personal Data.
  1. We may collect and process the following data:
  1. Name, email address, and contact details (when submitting a form or subscribing to a newsletter)
  2. IP address, browsing behaviour (via cookies or analytics tools) and website URL, social media URLs, location.
  3. Any additional information you voluntarily provide to us
  1. We may use Personal Data for the following purposes:
  1. To provide and maintain our Service, including to monitor the usage of our Service.
  2. To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  3. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  4. To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  5. To manage Your requests: To attend and manage Your requests to Us.
  6. For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  7. For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
  1. We may share Your personal information in the following situations:
  1. With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
  2. For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Our assets, financing, or acquisition of all or a portion of Our business to another company.
  3. With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  4. With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  5. With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  6. With Your consent: We may disclose Your personal information for any other purpose with Your consent.
  1. Retention of Your Personal Data
  1. We will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

 

  1. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of ZAAR, or We are legally obligated to retain this data for longer time periods.
  1. Transfer of Your Personal Data
  1. Your information, including Personal Data, is processed at ZAAR’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred and maintained on computers located outside of Malta where the data protection laws may differ from those from Your jurisdiction.
  2. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
  3. We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
  1. Your Personal Data may be disclosed: 
  1. If We are involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy;
  2. Under certain circumstances, the We may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency); and
  3. We may disclose Your Personal Data in the good faith belief that such action is necessary to:
  1. Comply with a legal obligation;
  2. Protect and defend the rights or property of ZAAR;
  3. Prevent or investigate possible wrongdoing in connection with the ZAAR website;
  4. Protect the personal safety of Users of the ZAAR website or the public; and 
  5. Protect against legal liability.
  1. Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

  1. Analytics

We may use third-party ZAAR providers to monitor and analyze the use of our service.

  1. Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

  1. Links to Other Websites

ZAAR may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any Third-Party sites or services.

  1. If you have any questions about this Privacy Policy, You can contact us:

By visiting this page on our website: CONTACT US

By sending us an email: [email protected]

  • Deleting Your Account

These Terms shall remain applicable until the conclusion of a campaign. Once the campaign is concluded and the money is transferred to the Project Owner, these Terms shall have no further effect. 

You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you have already submitted to the Site. 

Failure to comply with any of the clauses of this Terms and Conditions, or gross misconduct, including but not limited to the violation of any laws and regulations, may result in immediate termination of the account of the User by ZAAR.

  1. ZAAR’s Rights

ZAAR reserves these rights: 

  • We can make changes to the ZAAR Site and Services without notice or liability.
  • We have the right to decide who is eligible to use ZAAR at our full discretion. We can cancel accounts or decline to offer our Services with immediate effect. We can change our eligibility criteria at any time.
  • We have the right to cancel any pledge to any project, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

ZAAR is not liable for any damages as a result of any of these actions.

  1. Warranties and Liabilities

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied. Zaar does not supervise or follow up the Projects’ performance including adherence to the timeline of the Projects and we do not act as mediators in disputes between Users and/or with third parties. 

ZAAR is not liable for any damages or losses related to your use of the Services. We do not endorse any content that users submit to the Site. When you use the Services, you release ZAAR from claims, damages, and demands of any matter whatsoever — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party. 

ZAAR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ZAAR SHALL CREATE ANY WARRANTY. 

To the fullest extent permitted by law, in no event will ZAAR and/or PEI, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall ZAAR be liable for damages. 

Users hereby represent and warrant that they have all requisite legal power and authority to enter into and abide by these Terms and Conditions and that no further authorization or approval is necessary. Users further represent and warrant that their participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which they are a party.

 

Users hereby represent and warrant that neither they, nor any of their subsidiary companies/employees/members of their group are engaged in any money laundering activities and/or any other illicit activity or practice. In the event that the Users are accused of any such activity, ZAAR shall have the right to terminate these Terms and Conditions by means of a written notification and sent by electronic mail which termination shall have immediate effect. 

 

  1. Indemnification

You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses that arise from or relate to your use or misuse of ZAAR. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defences. 

  1. Other

These Terms & Conditions are final and binding upon the Users.

 

This Agreement shall be governed in accordance with the laws of Malta.

 

The Parties hereby undertake and agree that any dispute, controversy or claim which they may have under or relating to this Agreement which shall not be possible to resolve amicably, shall be referred to the Malta Centre for Arbitration for resolution in accordance with the Arbitration Act, Chapter 387 of the Laws of Malta.

 

By opening up an account, I represent that I have read and agree to be bound by these Terms and Conditions in their entirety, and that I understand and agree to abide by the terms herein.