Terms of Service

The following terms and conditions govern all use of the zofa.biz website and all content, services and products available at or through the website. The Website is owned and operated by ZoFa (“ZoFa”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ZoFa’s Privacy Policy) and procedures that may be published from time to time on this Site by ZoFa (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ZoFa, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your zofa.biz Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify ZoFa of any unauthorized uses of your account or any other breaches of security. ZoFa will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Fees and Payment. Optional premium paid services. By selecting a premium service you agree to pay ZoFa the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
  3. VIP Services.
    • Fees; Payment. By signing up for an account you agree to pay ZoFa the setup fees and monthly hosting fees indicated at http://zofa.biz/shifts/pricing/ in exchange for the services listed at http://zofa.biz/shifts/overview/. Applicable fees will be invoiced starting from the day your Services are established and in advance of using such services. ZoFa reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to ZoFa.
    • Support. A ZoFa account include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by ZoFa to respond within one business day) concerning the use of the Services.
  4. Responsibility of Website Visitors. ZoFa has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ZoFa does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ZoFa disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which zofa.biz links, and that link to zofa.biz. ZoFa does not have any control over those non-ZoFa websites and webpages, and is not responsible for their contents or their use. By linking to a non-ZoFa website or webpage, ZoFa does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ZoFa disclaims any responsibility for any harm resulting from your use of non-ZoFa websites and webpages.
  6. Intellectual Property. This Agreement does not transfer from ZoFa to you any ZoFa or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ZoFa. ZoFa, zofa.biz, the zofa.biz logo, and all other trademarks, service marks, graphics and logos used in connection with zofa.biz, or the Website are trademarks or registered trademarks of ZoFa or ZoFa’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ZoFa or third-party trademarks.
  7. Changes. ZoFa reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ZoFa may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  8. Termination. ZoFa may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your zofa.biz account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by ZoFa if you materially breach this Agreement and fail to cure such breach within thirty (30) days from ZoFa’s notice to you thereof; provided that, ZoFa can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  9. Disclaimer of Warranties. The Website is provided “as is”. ZoFa and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ZoFa nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  10. Limitation of Liability. In no event will ZoFa, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ZoFa under this agreement during the twelve (12) month period prior to the cause of action. ZoFa shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the ZoFa Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  12. Indemnification. You agree to indemnify and hold harmless ZoFa, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  13. Miscellaneous. This Agreement constitutes the entire agreement between ZoFa and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ZoFa, or by the posting by ZoFa of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Belgium, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the civil courts located in Brussels, Belgium. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ZoFa may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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