Terms of Use

Acceptance of Terms

By using the services and integrations offered by Zaige Technologies in Facebook Messenger, POS Systems, and our website, you explicitly agree to and accept the terms and conditions below (“Terms”). If you do not agree to these Terms, please do not use this Service and delete any interactions with the system immediately. You will be notified of significant changes to these Terms via email or in-app notifications before they take effect.

Modification of Terms

Zaige Technologies reserves the right to modify and amend these Terms at any time. Users will be notified of significant changes via email or in-app notifications prior to their effective date. Your continued use of the services after such notification constitutes acceptance of the amended Terms.

Description of Services

Zaige Technologies’ systems and services comprise a Loyalty and Chat Services system and application integration, owned and operated by Zaige Technologies. These systems simulate text-based conversations with humans to perform loyalty services and customer service interactions. Zaige Technologies reserves the right to add, modify, 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. Your data may be used for advertising purposes, as well as to provide notifications and promotions relevant to your purchasing behavior. Please note that data may be shared with third parties for purposes beyond our direct control. While we take steps to ensure responsible handling of information, we cannot guarantee the extent to which these external parties may use the data.

Your Responsibilities

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

1. We may monitor and/or record discussions for mutual protection and to enhance Zaige Technologies’ systems and services.

2. You agree to share your personal information, including Facebook login identification and other relevant information, and have willingly provided these during any interaction to fulfill transactions.

3. We may collect your exact location during registration, your mobile number, and the time and date of your interaction.

4. You will not post or publish any material that may be considered defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, indecent, or otherwise harmful to others. We reserve the right to end chat sessions at any time without prior notice and to delete or restrict your access to Zaige Technologies systems and services if you violate this provision. Zaige Technologies will not be responsible for any direct or indirect damage that may arise in such circumstances.

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; any law, order, regulation, ordinance, or requirement of any government or legal body; labor unrest, including 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 and will not be liable for any damages to, or viruses that may infect your devices, telecommunications 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, 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 applications, 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, including cases of gross negligence or willful misconduct. 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 and its affiliates, officers, directors, employees, and agents harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with: (a) your use of Zaige Technologies’ systems and services; (b) your placement or transmission of any message or information on Zaige Technologies’ systems; (c) your violation of any of these Terms; (d) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (e) 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 (f) 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 Zaige Technologies and its services 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 strive 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 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 Facebook’s policies and terms of service.

You agree that Zaige Technologies can change the Terms at any time. The new or revised Zaige Technologies Terms will require your explicit consent if they affect how your personal data is processed. Significant changes will be communicated to you via email or in-app notifications before they take effect.

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 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, and other relevant locations. Users also have the option for alternative dispute resolution (ADR) if they find court proceedings inconvenient.

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 do not define, limit, construe, or describe the scope or extent of any 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 set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections on Limitation of Liability and 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 are committed 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 and mobile number) 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 geolocation data when you access our services to send you notifications about merchant-specific deals or products you are most likely to be interested in, based on your location.

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 may have access to personal data that may be collected and processed when you use Zaige Technologies systems and services. Your personal data may be shared with as many third-parties as the business sees fit.

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, including those in the Philippines and applicable countries. Only personnel with a need-to-know will have access to your personal data.

Data Breach Notification

In the event of a data breach, we will notify you via SMS or email as required by the Data Privacy Act.

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 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 concerning 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 for 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 Protection 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.

If you wish to request the removal of your data, please contact the merchant where you originally registered.