Please read the Terms of Service (hereinafter “Terms”) before starting to use the https://www.goodzy.com website (hereinafter “Website”, “Platform”) operated by Goodzy OÜ (hereinafter “we”, “us”, “our” and/or “Goodzy”).
Content Creator (hereinafter “Regular User”, “you”) is an individual or a legal entity (hereinafter “Business User”, “you”) who has Goodzy´s account and has logged in accordingly and consumes the information and services we have made available via our Website (further defined below).
Please note that from the first moment you start using your Goodzy´s account (hereinafter “Account”) and our services (hereinafter “Service”), you agree to be bound by these Terms and any other documents expressly referred to herein. By doing this you agree that you have read, understood and accepted these Terms. We reserve the right to amend these Terms from time to time, please check these Terms to ensure you understand the Terms, which will apply at that time.
1. DEFINITIONS USED IN THIS TERMS
1.1 Account - means Goodzy´s account which is created automatically, once Regular User/Business User is logged in to Website with it's/her/his Facebook.
1.2 Facebook friends – means list of friends in Facebook who is using Goodzy services.
1.3 Goodzy.com – means Website/Platform for posting and sharing rental advertisements, also holding/keeping track of the rental advertisements status quo.
1.4 Goodzy content - means everything what is posted to the Website by Goodzy.
1.5 Goodzy services - means all the services provided by Goodzy (see clause 3). We do not intermediate the money or rental issues derived from the advertisements which are posted and shared via Website.
1.6 Inappropriate/offensive/misleading content - means content that incites or endorses hatred against others, inappropriately discriminates against a person or group, violent language, gruesome or disgusting imagery, or graphic images, promotion of copyrighted content, content which damaging someone's reputation, content which promotes falsified information etc.
1.7 Regular User – means adult (exception defined under clause 3) individual who can post and share its rental advertisements via Website with his/her Facebook friends.
1.8 Business User – means legal entity who can post and share its rental advertisements via Website with Facebook friends as well as with third party.
1.9 Third party – means individual or legal entity who is not Regular User´s or Business User's Facebook friend.
1.10 User content – means content posted by Regular User or Business User for public display, such as images, posts, comments, replies etc. Goodzy reserves the right to delete content which is deemed inappropriate, offensive, misleading, or unwanted, and to block users who post such content, at our discretion.
2. INFORMATION ABOUT US
2.1 We operate the website https://www.goodzy.com. We are Goodzy OÜ, a company registered in Estonia, Viimsi Parish, Harju County under registry code 14086531 and with registered office at Tammiku tee 3, Pringi village, Viimsi Parish, Harju County, 74011.
2.2 To contact us, you can send us an email to support@goodzy.com.
3. SERVICE
3.1 Only adult individuals and legal entities may register to use the Service (as defined below) with full administrative privileges. Use of the Service by anyone under age 18 must be done so under adult supervision. Our Service is intended for the use by all adult individuals and legal entities. The adult registering the Account is responsible for obtaining permission of a parent or guardian of any users under 14 who use the Service.
3.2 Service. We provide services of posting and sharing rental advertisements one's Facebook friends as well as to the third party via Website, possibility to keep track of those posted and shared advertisements. Also possibility to give feedback and make requests to Facebook friends.
3.3 Posting and sharing rental advertisements via the Service:
3.3.1 Regular User can post and share rental advertisements for free of charge.
3.3.2 Regular User can post rental advertisements to all Goodzy Users or may limit the audience of ones advertisements to ones Facebook friends.
3.3.3 Third party's advertisements could be also displayed to the Regular User, derived from the interests of the Regular User.
3.3.4 Regular User is not obliged to rent the item to what is referred on the advertisement.
3.3.5 Regular User can and may modify the content of the rental advertisement and is not obliged to follow the conditions stated in the advertisement.
3.3.6 Business User has an option for a certain fee to expand the range of users to whom its advertisements will be shared.
3.3.7 Business User´s advertisements will be shared to Regular Users based on Regular Users interest and location.
3.4 Holding/keeping track of the rental advertisements and their status quo via the Service:
3.4.1 Regular User as well as Business User has an option, but not obligation to make a note to every advertisement, regards to whom and in what timeframe the object is rented.
3.4.2 Regular User as well as Business User can check the renting history. Renting history is private and will not be shared with third parties.
3.5 Giving feedback via the Service:
3.5.1 Regular User as well as Business User can give feedback in different form (e.g. up/down voting, posting comments, etc.) to other users, e.g. starting from the advertisements which were posted/shared and e.g. finishing with the whole assessment of the renting process, including compliance assessment of the content of the advertisement.
3.5.2 Provided feedback has to be appropriate, given in polite manner and without any intention to deliberately harm or damage someone's reputation.
3.5.3 Goodzy reserves discretional right to remove the provided feedback, if it's deemed inappropriate, offensive, misleading.
3.6. Requests via the Service:
3.6.1 Regular User as well as Business User can send a request to Facebook friends for querying something specific (e.g. tent for 20 people).
3.6.2 Facebook friends who got the request, will get the notification and the request will stay up also to Regular User´s as well as Business User´s profile, till the request will be taken down by Regular User/Business User.
4. ACCOUNT(S) and USE OF OUR WEBSITE
4.1Your use of our Website is governed by our Terms. Please take the time to read these, as they include important obligations/rights, which apply to you.
4.2We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important obligations/rights, which apply to you.
4.3You may start using our Service once you have logged in to our Website with your Facebook account and then the Goodzy Account is created for you automatically.
4.4When your Account is created for you (see clause 4.3), you must provide us information that is accurate, complete, current at all times and you will safeguard your Account information and will supervise and be completely responsible for any use of your Account by anyone other than you. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Website.
4.5You agree not to disclose your Account related information to any third party. You must notify us immediately to our contact e-mail support@goodzy.com upon becoming aware of any breach of security or unauthorized use of your Account.
4.6You must notify us immediately to our contact e-mail support@goodzy.com if you have any reservations regarding spam, offensive and misleading content, potential scammer, copyright violation etc.
5. PROHIBITED USES
5.1 You may use our Website only for lawful purposes. You may not use our Website:
5.1.1 You may use our Website only for lawful purposes. You may not use our Website:
5.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
5.1.3 To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
5.1.4 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2 You also agree:
5.2.1 Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms.
5.2.2 Not to access without authority, interfere with, damage or disrupt:
5.2.2.1 Any part of our Website;
5.2.2.2 Any equipment or network on which our Website is stored;
5.2.2.3 Any software used in the provision of our Service through the Website; or
5.2.2.4 any equipment or network or software owned or used by any third party.
6. OWNERSHIP. INTELLECTUAL PROPERTY
6.1 You agree and acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks, trade secrets, text, graphics, logos, icons, images, in the Service, Website is the property of Goodzy and its licensors. Goodzy hereby grants you and all other a limited, non-exclusive, non-transferable, license to use the Service for your own personal or business purposes. You may not use, copy, distribute, modify or create derivative works from, or disclose, display, transmit, or post any portion of the Service for any purpose. Unless otherwise expressly set forth in writing, your use, access, possession of the Service, Website does not grant to you or any third party any rights, title, or interest in or to such intellectual property rights. Goodzy reserves all intellectual property rights not expressly licensed under these Terms to itself and its licensors.
7. REGULAR USER/BUSINESS USER CONTENT
7.1 Goodzy only offers access to Website and Service, and is not in any way liable for neither the content nor the results of the works created by the Regular User/Business User in any way. Goodzy is no way neither linked to nor responsible for the contents of the works or any other results created by Regular User/Business User using the Website and Service.
7.2 You represent that you have all right, title, and interest to content you post on the Website or provide to Goodzy, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
7.3 You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.
7.4 You agree that you will not knowingly and with intent to defraud to provide misleading information/content. You represent and warrant that the content you provide do not violate these Terms.
8. DISCLAIMER OF WARRANTIES
8.1 The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Goodzy makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service in terms of its correctness, accuracy, reliability, fitness for particular purpose or otherwise. Goodzy shall have no liability for any interruptions in the use of the Service. Goodzy disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may not apply to you.
9. LIMITATION OF LIABILITY
9.1 Goodzy shall not be liable for any monetary damages resulting from use of the Service by you. Furthermore, Goodzy shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any use of the Service or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Goodzy has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to you.
10. INDEMNIFICATION
10.1 You will indemnify and hold Goodzy (and its affiliates, subsidiaries, licensors and suppliers, and Goodzy’s and its respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of the Service, infringement by any Regular User/Business User of any intellectual property or other rights of any person or entity, or your breach of any law or the rights of a third party.
11. MODIFICATIONS AND INTERRUPTION TO SERVICE
11.1 Goodzy reserves the right to modify or discontinue the Service with or without notice to any Regular User/Business User. Goodzy shall not be liable to any person should it exercise this right. You acknowledge and accept that Goodzy does not guarantee continuous, uninterrupted or secure access to our Service and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
12. THIRD-PARTY SITES AND APPLICATIONS
12.1 Our Service (including the Website) may include links to other websites, applications on the Internet that are owned by third parties. We are not responsible for the availability of, or the content located on or through, any third-party website or application. We do not warrant, guarantee, or assume any responsibility for any product or service advertised or offered by a third party through or in connection with the Service, Website, including without limitations, third party products and services, applications or any hyperlinked websites or services, and Goodzy will not be party to or in any way monitor any transactions between you and third party. Your use of third party services, websites, applications may be subject to third party terms of use or license terms.
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your countryCode of residence.
13.2 If a dispute arises between you and us, please contact us support@goodzy.com first and notify us about any claims or disputes you may have regarding these Terms or the Service provided by us. In the event you and Goodzy fail to resolve the dispute or claims by way of amicable negotiations, you and Goodzy, to the extent permitted by applicable law, hereby irrevocably submit to the jurisdiction of Harju County Court, Tallinn, Estonia. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your countryCode of residence.
14. CHANGES TO TERMS
14.1 We reserve the right to make changes to the Service, Website or these Terms and any linked documents at any time. We will notify you of the changes. Unless otherwise notified by us, the changes will take effect as of the moment we have notified you of the changes or uploaded or made available the amended content. By continuing to access or use the Service after the changes will take effect, you agree to be bound by the revised version of Terms or other revised documents. If you do not agree to the changes, please stop using the Service and Website.
15. TERM AND TERMINATION
15.1 These Terms will remain in full force and effect as long as you continue to use or access the Service or Website, or until terminated in accordance with the provisions of this section.
15.2 Goodzy may terminate your Account and your right to use the Service for any reason at any time. Goodzy may in its sole discretion, but is not obligated to notify you prior to such termination. Goodzy shall not be liable to any Regular User/Business User or other party for such termination. Goodzy reserves in its sole discretion the right to delete or save any Regular User/Business User content upon such termination.
16. OTHER TERMS
16.1 Waiver and Severability. No failure or delay by Goodzy to exercise any right or provision provided under these Terms or by applicable law shall constitute a waiver of that or any other right or provision, nor shall it preclude or restrict further exercise of that or any other right or provision. No single or partial exercise of such right or provision shall preclude or restrict the further exercise of that or any other right or provision. If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent requires, be deemed not to form part of these Terms, and the validity and enforceability of the other provisions of these Terms shall not be affected.
16.2 Entire Agreement. These Terms, together with any linked documents, including Privacy Policy, constitute the whole agreement between you and Goodzy and supersede all previous agreements between you and Goodzy relating to its subject matter.
16.3 Assignment. These Terms are personal to you and you shall not without the prior written consent of Goodzy (such consent not to be unreasonably conditioned, withheld or delayed) assign or in any other way transfer these Terms or any of the rights and obligations under these Term to a third party.
16.5 Notices. A notice or other communication given by you to Goodzy under or in connection with these Terms or the Service provided by Goodzy shall be (i) in writing or in a format which can be reproduced in writing (e.g. e-mail); (ii) in the English language or accompanied by a properly prepared translation into English; (iii) delivered personally or sent by e-mail or sent by courier. The address for delivery of a notice or other communication is set forth in clauses 2.1 and 2.2 of these Terms.