Terms of Use

By using the services and integrations offered by Zaige Technologies in Facebook Messenger, POS Systems, and website, you are agreeing to and accepting the terms and conditions below (“Terms”). If you do not agree to these Terms, please do not use this Service and delete interactions with the system immediately. We reserve the right to modify and amend the Terms at any time without prior notice. Upon posting on the Zaige Technologies website (https://www.zaigetech.com/terms) and by your continued use and access to Zaige Technologies, this will be taken as your acceptance of the amended Terms.

Description

Zaige Technologies’ systems and services comprise a Loyalty and Chat Services system as well as application integration, owned and operated by Zaige Technologies, that simulates text-based conversations with humans to perform loyalty services and customer service interactions. Zaige reserves the right to add, modify and/or discontinue any and all portions of the Service at any time.

Functionality

The information and services provided by Zaige Technologies are intended to capture, process, and monitor customer data. You still further understood that your data may be used for advertising purposes, and provide notifications and promotions relevant to your purchasing behavior.

Your Responsibilities

When interacting with Zaige Technologies, you understand and agree that:

We may monitor and/or record the discussion for our mutual protection and to enhance Zaige Technologies’ systems and services;
You agree to share your personal information, Facebook login identification, and other relevant information and have willingly provided these during any interaction to fulfill transactions;
We may collect the address of your exact location during registration, your mobile number, and the time and date of your interaction; and
You will not post or publish any material that may be considered by us to be defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, indecent, or otherwise harmful to others. In such a case, or at our discretion for any other reason, we may end the chat sessions at any time without prior notice and delete or restrict your access to Zaige Technologies systems and services. Zaige Technologies will not be responsible for any direct or indirect damage that someone may claim to obtain in such a circumstance.

Force Majeure

Zaige Technologies shall not be responsible for damages, delays, non-performance or failure in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, flood, typhoon, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers or downtime originating from third-party applications/partners.

Limitation of Liability

Zaige Technologies does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your devices, telecommunication equipment, or other property caused by, or arising from, your access to or use of Zaige Technologies’ systems and services. We do not guarantee continuous, uninterrupted, or secure access to Zaige Technologies and its services, and the operation of Zaige Technologies may be interfered with by numerous factors outside of our control. In no event will Zaige Technologies or any of its officers, directors, board of trustees, employees, sponsors, shareholders, agents, successors, or assigns, be liable to you or anyone else for any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising from the use, inability to use, or the results of the use of Zaige Technologies, or the materials, information or services contained on any or all such application, whether based on warranty, contract, tort or any other law and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. In the event of any problem with Zaige Technologies’ systems and services, you agree that your sole remedy is to cease using Zaige Technologies’ systems and services.

Indemnity

You agree to defend, indemnify and hold Zaige Technologies free and harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with: (a) the use of Zaige Technologies’ systems and services or your placement or transmission of any message or information on Zaige Technologies’ systems by you, (b) your violation of any of these Terms, (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights, (d) your violation of any law, rule or regulation of the Republic of the Philippines relating to your use of Zaige Technologies’ systems and services, and (e) any claim or damages that arise as a result of any user information that you provide to Zaige Technologies.

Disclaimer

Your use, engagement, and interaction with ZaigeTechnologies and its service are at your own risk. The information, materials, and services provided on or through Zaige Technologies are provided "as is" without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. While we try our best to protect your data and provide the most accurate and up-to-date information, Zaige Technologies does not warrant the safety, accuracy, or completeness of the data and information, materials, or services provided on or through Zaige Technologies. Some information, materials, and services provided on or through Zaige technologies may be out of date, and Zaige Technologies does not make any commitment or assume any duty to update such information, materials, or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law.

Use of Zaige on Facebook Messenger

Your use of Zaige Technologies’ systems and services connected to Facebook Messenger is also governed by and subject to the existing policies and terms of service of Facebook (https://www.facebook.com/terms.php), which are hereby incorporated by reference as part of these Terms. You are solely responsible and liable for complying with the policies and terms of service of Facebook.

You agree that Zaige Technologies can change the Zaige Technologies Terms at any time without prior notice. The new or revised Zaige Technologies Terms are effective and binding on you when it is posted on the Zaige Technologies website. By continuing to use Zaige Technologies’ systems and services after we post the change, you agree to and accept the new or revised Zaige Technologies Terms provided as amended.

Intellectual Property

Zaige Technologies owns the rights, title, and interest over all copyright, trademarks, design rights, content, graphics, text selections, or any other intellectual property rights used by Zaige Technologies.

Governing Law

The Zaige Technologies Terms are governed by the applicable laws of the Philippines. In case of any dispute, the parties hereby consent to and submit to the exclusive jurisdiction of the courts in Dumaguete City, Philippines. If there is any conflict or inconsistency between the provisions of any other existing Zaige Technologies Terms and Conditions or Agreements, the provisions of the existing Zaige Technologies Terms and Conditions and/or Agreements will prevail.

General

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall continue to be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or another user does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 5 (Limitations of Liability) and 6 (Indemnity) shall survive any termination or expiration of these Terms, your access to Zaige Technologies’ systems and services, or use of the features of Zaige Technologies.

Privacy Notice

We respect your fundamental right to privacy and we commit to taking great care in safeguarding your personal data. As you make use of Zaige Technologies’ systems and services, and in compliance with the Data Privacy Act, we share with you the principles that govern how your data will be collected, processed, and shared.

Why your personal data is collected

We collect and process your account information (full name, mobile number, email address, location, birth date) as a requirement for availing merchant’s loyalty systems in exchange for certain perks and benefits offered by the merchant.

We may also collect and process your local information when you access our services, so that we may determine better service offerings for you and the community.

Zaige Technologies systems and services utilize the Facebook Messenger platform. Facebook may also collect personal information that you submit to Zaige Technologies through this medium. For more information on Facebook’s Privacy Policy, please refer to this page https://www.facebook.com/policy.php.

Why your personal data is shared

We have engaged the services of hosting providers, third-party providers, and partners for the development, operations, and hosting of Zaige Technologies systems and services. In view of this engagement, these providers and partners shall have access to personal data that may be collected and processed when you use Zaige Technologies systems and services. All customer data of Zaige Technologies data can be requested for deletion should the customer request.

When your personal data is shared, we ensure that it is done on a confidential basis, through secure channels, and in compliance with applicable privacy and health laws and regulations. Only personnel with a need-to-know will have access to your personal data.

How your personal data is protected

The integrity, confidentiality, and security of your personal data are important to us. This is why we strictly enforce this Privacy Notice within Zaige Technologies and have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities. Your personal data is also protected from other natural and human dangers. We likewise require these security measures from our providers and partners.

Your rights and choices

The Data Privacy Act gives you certain rights to your personal data. Subject to exceptions under the law, you are entitled to request;

Access to the personal data we process about you;

Rectification of your personal data if it is found to be outdated, inaccurate, or incomplete;

Erasure of your personal data in cases where it is no longer needed to achieve the legitimate purpose of its processing;

Restriction of processing of your personal data in limited circumstances;

Portability of your personal data so that you may receive a copy thereof or that we transmit the same to another company on your behalf.

Depending on the circumstances, such as when we process your personal data based on your consent, you may also have the right to object to the processing thereof. If you believe that your data privacy rights have been violated in the use of Zaige Technologies’ systems and services, we encourage you to contact Zaige Technologies Data Privacy Officer to seek a resolution of your complaint. You also have the right to go directly to the National Privacy Commission or to make a claim against Zaige Technologies before a competent court.

To exercise any of your rights, you may get in touch with our Data Privacy Officer through legal@zaigetech.com.