Zwap Marketplace
Terms and conditions
Welcome to Zwap: You may use the Services and the Platform through the zwap mobile applications (the “Application”) and
through the zwaptheapp.com website (the “Website”). Some features are available in the app only. In addition, not all of the Services
or features may be available in your country or region. Different features may be available in different versions of the Services.
Some features are not available to users under a certain age. The services allow you to create, publish, and share short videos
/ presentations, and consume videos / video presentations that other users have created and interact with those videos and
other users BUYERS/SELLERS.
You can record or import videos in Services. You can post videos in Services so that other users can consume your videos.
Videos that you publish publicly will be available in the app. You can share your videos or videos with others who have shared,
through various messaging services and on third-party social platforms (e.g., Instagram, Facebook, YouTube, Twitter) in
accordance with those terms and conditions. You can enter a video description, tags, and various privacy settings when you
post a video. You can enter a short biography text and profile picture in your public user profile.
Interact with other users: You can interact with other users' content as well. In particular: Direct messages: You can send direct
messages to users if they follow you or if they have applied to one of the jobs posted by users. Track: You can track users. If
users restrict their profile, you can only track users if they approve your tracking request.
Limitations on Services: We strive to provide the Service without significant interruption and to continuously improve the
Service. However, the service may be completely or partially unavailable for certain periods of time due to planned or
unplanned shutdown, maintenance or technical difficulties.
1. Presentation of services 1.1. Pierre Monclaire SRL (ZWAP MARKETPLACE) offers you, through the website zwaptheapp.com or the zwap marketplace application, in accordance with the provisions of the Terms and Conditions, access to online VIDEO (SELL/BUY/TRADE/RENT)
services . 1.2. Users expressly agree that, using the services of the site, they agree to receive useful information related to its
use or messages.
1.1 General Aspects This document ("Terms and Conditions") expresses the relations between SC PIERRE MONCLAIRE SRL,
a limited liability company, based in Constanta, Str Prel. Sgt Nicolae Grindeanu nr 1, Constanta, Romania and the persons who
use (the “User”) the website zwaptheapp.com or the ZWAP MARKETPLACE application that can be run on a
mobile computer equipment, such as smartphone and / or tablet, laptop, available in mobile app stores (such as Google Play or
App Store) ("Zwap Marketplace App") and / or services provided by the Company through the Site or App. Access to and use of the Site,
the ZWAP Application, including any of its pages or component sections, or any Service provided through the ZWAP Site or
Application may be made only in accordance with this document, which includes the Privacy Policy Data and Cookie Policy.
IN ORDER TO USE THE SERVICES, WE WILL ASK THE USER TO AGREE TO THESE TERMS AND CONDITIONS BY A
SPECIFIC ACTION, WHICH HAS THE MEANING OF A SPECIFIC AND CONDITIONAL CONCEPT. BY CHECKING THIS
BOX, THE USER: HAS EXPRESSLY AGREED TO FOLLOW ALL CLAUSES OF THIS SET OF TERMS AND CONDITIONS,
AS WELL AS ANY OTHER SPECIFIC TERMS AND CONDITIONS APPLICABLE TO THE SERVICES; PLEASE KNOW THE
CONDITIONS OF PROCESSING PERSONAL DATA IN ACCORDANCE WITH THE PRIVACY POLICY, WHICH IS AN
INTEGRAL PART OF THIS SET OF TERMS AND CONDITIONS. In order to ensure compliance with the terms of access and
use of the Services, Users must verify the terms and conditions of use at each time they access the Site and / or the ZWAP
Application.
Even if you fail to review the terms and conditions, but use the zwaptheapp.com Platform or the ZWAP MARKETPLACE Application as a User
(BUYER OR SELLER), we consider that you have accepted this set of Terms and Conditions (including any updates to them).
No tolerance for objectionable content or abusive users.If you do not agree with the provisions of this set of Terms and
Conditions (including any updates to it), please do not use, or, as the case may be, stop using the Site, the ZWAP Application
or the Services provided by Us.
The personal data of ZWAP MARKETPLACE users can be used by other users who become aware of them only in compliance with the law and only for the purpose of negotiating and completing the transaction concluded through the ZWAP platform. Any use of this data for other purposes (including by creating user accounts on other websites or for contacting users in order to sell other products) is strictly prohibited. Users undertake to use the personal data received through the ZWAP platform only in compliance with the above provisions. The organizer of this internet auction has the right to suspend the account of any user who violates the above obligations.
Services ZWAP The services provided by zwaptheapp.com and the ZWAP Application are aimed at (i) Users, individuals visiting
the ZWAP Platform, (ii) BUYERS AND SELLERS, legal entities or individuals authorized, who want to post AD postings or
want to look for Users/ADS for certain CATEGORY OF ITEMS, or users who want to BUY/SELL/TRADE/RENT ON ZWAP MARKETPLACE.
platform or the ZWAP application. 2.1. User account creation, passwords and responsibilities users cannot use certain
features offered by the ZWAP Platform without having a User account.
In the case of Users, the creation of the User account can also be done through the user account on the social platform
Facebook, Google, Linkedin, in which case the ZWAP Platform will take over certain public data of the User related to his
Facebook, Google, Linkedin account. Upon completion of the User Account creation process, the User will receive the
necessary codes to verify and validate the contact details and the newly created account at the email address provided and at
the telephone number provided during the enrollment (account creation) process.
In order to use the Services provided by the ZWAP Platform, it is necessary to: provide true, accurate and complete
information about yourself by filling in the fields in the registration form to create the User account; update, when required, the
registration data to be true, accurate and complete at all times. You agree to make this update no later than 30 days from the
date the changes occurred. For legal entities, the SELLERS/BUYERS Users have the obligation to send us real information
regarding the name, e-mail address, telephone, name and surname contact person .
.
If you provide inaccurate, or incomplete information, ZWAP reserves the right to suspend or block your account and to refuse
all current or future attempts to use the ZWAP Platform. In the event of misinformation or fraudulent attempts by Users
(including to obtain free advertisements or special offers granted by ZWAP in marketing campaigns), ZWAP has the right, at
any time during the contractual relationship, to withdraw the free offers or terminate the contractual relationship. , without any
additional liability to the Users at fault. ZWAP is NOT obliged to check the materials published by Users in advance. ZWAP is
not responsible in any way for the information and data posted, broadcast or transmitted by its Users. If requested by a User or
if he discovers signs of possible fraud, ZWAP may investigate and verify the allegations and decide whether such information
should be removed. 2.2. Users can only create a User account if they are at least 16 years old at the time of account creation.
Access to the ZWAP Platform and use of the Services is not permitted to persons under 16 years of age. ZWAP is an online
MARKETPLACE platform that gives you the ability to create aN AD in our database. Also, as part of the Services provided, if
you request us (by email or telephone), we may provide assistance through our consultants. With your express consent one of
our consultants will be able to create a ZWAP User account for you. (if you don't already have one) will be able to write the AD
you need in your User account. You can then edit the information posted to your User account at any time.
The VIDEO AD uploaded to the ZWAP Platform, as well as your contact details may then be made available to OTHER Users
for BUY/SELL OR EXCHANGE. In this regard, Users have three options: You can register your AD in our database. When your
user account is registered, the data in your AD is automatically set to public. You can keep them confidential later. Even if you
set your AD to be confidential, you can apply for OTHER ADS (BUY OR SELL), but your AD will only be visible to . You can
make your AD video presentation public on the ZWAP Platform - in which case Users who have access to the ZWAP Platform
database will have access to your ADS. If they wish, they can ask us to unlock your data. contact and you may be contacted by
them in the event of an DEAL or offer. You can make your AD public on the internet, through social networks and search
services such as Google.com, search.yahoo.com and others - your ADS will be available through these search engines as well
as other media or online Internet search sources. However, your contact details (name, email, phone, address) entered on
ZWAP will not be visible on these search engines. However, in order to access this data, people who access your ADS on
search engines on the Internet, however, must create a User account in the ZWAP Platform, publish a AD .
We try to limit access to our database only to employers, companies, personnel managers, OTHER MARKETS, but we do not
guarantee that other third parties will not be able to access our database. ZWAP assumes no responsibility for the use of ADS
by third parties who have accessed ADS while they are in our database. You can choose to hide your ADS in our database at
any time or, if you wish, even delete your User account. If you hide your AD from the database or delete your user account,
Users will no longer have access to your data. However, as part of the Services provided by the ZWAP Platform, Users who
have accessed the ADS access facility may download or transmit the information available in the ZWAP Platform on their own
storage media. In this case, even if we delete your data from our database, Users will still be able to access your data if they
have downloaded, copied or extracted it from the ZWAP Platform database. As operators, Users are independently
responsible for how they use your data that they access through the ZWAP Platform.
Ads by video chat operators or similar are not approved on our site even if they were posted by legal entities. 2.3.2. "Free ads"
policy and special discounts ZWAP may offer, at its option, free credits for posting ADS postings on the ZWAP Platform or
special discounts on its products and services, the offers being available only to Users registered for the first time on the
ZWAP Platform, who have successfully completed and complete the registration data, provided that there is no suspicion of
system fraud. For example, if the registration is done when the ZWAP platform offers free testing services, these services will
only be valid for the first registration of a company / group of companies / contact person, and not for subsequent registrations
of related accounts, ZWAP reserves the right to refuse such a grant if it identifies an identity with a company that has already
benefited from such an advertisement. Following the internal analysis of the newly registered Users on the ZWAP Platform, we
reserve the right to refuse to grant free credits and special discounts.
Free ads may have the same validity regime over time as paid ads and may only be published on behalf of the User registered
on the ZWAP Platform. We also reserve the right to refuse to publish or otherwise censor advertisements that are contrary to
law or morality, or that contain licentious language. For example, we will not accept ads from video chat, erotic massage, or
similar operators. In this regard, you agree and agree that you will follow the rule of good faith when designing and publishing
your notice. Thus, you undertake not to publish incomplete, incorrect or discriminatory announcements and to subsequently
condition the selection of Users only on those rules set out in the notice published in compliance with applicable incidental
legislation. If you do not comply with these rules, you understand and agree that ZWAP has the right to restrict your access to
its Services. In case of restriction of the access of the Users who have accessed Paid Services, they will have the right to
request the refund of the part of the tariff corresponding to the restricted period.
ZWAP may also choose to offer "free ads" to Users already registered or special discounts in certain marketing campaigns.
The clauses for granting such gratuities or discounts will be promptly reported on the occasion of each campaign. 2.3.3.
Choose to search ADS / video / static presentations in the public database on the ZWAP platform ZWAP platform (service)
You can search all public ADS in our database. You can view as many ADS as you want. Depending on the chosen package,
you can view the contact details of the USERS. In all cases, you understand and agree that you will only use the data
contained in the ADS of Candiate Users for the sole purpose of staff. Some USERS who have chosen to enter their ADS in the
ZWAP Platform database may understand that it is easier to present a misleading, incomplete, incorrect or aggressively
oriented reality towards other social categories. You should therefore discern before using the information contained in these
ADS before making a commitment, investment or any other action involving the use of your own or third party funds or
resources. Please contact us if you know of any such ADS.
2.3.4. Subscriptions, payment of subscriptions and other transactions Access to some Services provided to Users may be
permitted only upon payment of a subscription. All payments, including the fees applicable to these payments, may be made by
online payment by card, based on a proforma invoice or, at your request, based on a tax invoice to the account indicated by
ZWAP at the NBR exchange rate on proforma emission. At this time, Users representing foreign companies can purchase
ZWAP services and products only by paying online by card or paypal. Access to some of the Services will only be allowed
once the money transfer to the ZWAP account is confirmed. The ZWAP platform can be used by some of its business
partners as a basis for selling or promoting products and services. In this case, the contract that will govern the contract
between you and the respective product and service provider will be concluded between you and the respective product and
service provider and not between you and ZWAP. In the event that you wish to cease providing the service to you, you
understand and agree that payments already made are not and will not be refunded.
The services provided by ZWAP are based on a certain period (30 days or 365 days) of public announcements or ADS with
contact details. ZWAP may change its price for the provision of the service, as it may change any other provision of this
Agreement upon termination of the initial term of the contract. You agree and agree that the purchased services may be used
within a maximum of 30 or 365 days depending on the period purchased. You agree and agree that any delay in the payment
of sums of money to ZWAP will be a violation of the provisions of this agreement. If ZWAP reserves the right to adopt other
attitudes permitted by law or contract, you agree and agree to REFUND IN FULL ZWAP ALL COSTS AND EXPENSES THAT
MAY RESULT IN RELATION TO THE RECOVERY OR RECOVERY. You agree and agree that viewing a ADS / USER for an
ad on the ZWAP site before making a payment to ZWAP is tantamount to entering into a contractual relationship with ZWAP,
giving rise to the equivalent obligation to pay for that share, unless that action was granted free of charge as part of a marketing ZWAP
campaign. Upon expiry of the agreed payment period for a proforma invoice, as set out in that invoice, ZWAP is entitled to
restrict access to the platform until payment is made. Non-payment on time may give rise to the calculation of late payment
penalties in the amount of 0.1% per day of delay, calculated up to the payment of the full amount.
This also has no effect on the ads that will remain active: BUYERS/SELLERS will still be able to apply to the company's active
ads, and you will have access to their ADS. 2.4.
You may NOT post, transmit or refer to any type of message that may contain a form unanimously recognized in society as
"advertising" for various categories of goods and services. You may NOT post, send or recommend to Users any unsolicited
commercial messages, whether or not this is made through the communication systems provided by ZWAP or through other
means of communication, but using the data obtained through the ZWAP Platform. You may NOT post, send or refer in any
way to messages that contain recommendations to buy or not to buy a particular product or service. You may not post or refer
in any way to messages that contain confidential information, whether or not they are marked "confidential" or any other such
statement, or messages that are intended to affect the price. , the image or market value of a product or service. You may only
post job postings on AVON, ORIFLAME, or similar networks, as well as job postings for bank associates, by pre-purchasing at
least one ad. You may NOT post, transmit or refer in any way to messages that contain illegal, threatening, abusive, indecent,
discriminatory, or in any way infringe the rights of any third party or any legal provision. You may NOT post, transmit or refer in
any way to messages that contain viruses or any other code sequences that prove to be destructive or that may interrupt,
remove or limit the functionality of the ZWAP Platform or any other computer systems (hardware or software) . You may NOT
collect personally identifiable information from ZWAP users or members in any way, except for the sole and direct purpose of
accessing the Services provided by ZWAP
You may NOT restrict or remove other Users' access to the communication platforms provided by ZWAP. You may NOT post,
transmit or refer in any way to messages whose source is hidden. You may NOT post, transmit or refer to any "pyramid
scheme" or any other activity that is intended to mislead a person, as well as any similar activity that has been proven in the
past to have the potential for criminal or potential misleading. User of ZWAP Services. You may not post material contrary to
any other provision of this set of Terms and Conditions, ZWAP may at its discretion remove it from the ZWAP Platform without
any explanation to that effect. By posting User-Posted Content on or through the ZWAP Platform, you agree that you are
solely responsible and that you will indemnify ZWAP for any damages, costs or profit limitations that may result from your
posting, forwarding or referencing messages. whose content violates the provisions of the conditions and limitations described
above. Some Users may understand that it is easier to violate the rules set forth in this set of Terms and Conditions, and as a
result, some of the posted messages may present a misleading, incomplete, incorrect or aggressively oriented reality towards
other social categories. You should therefore discern before using the information contained in these messages to make an
investment or any other action involving the use of own or other funds or resources. The image presented by published
messages may sometimes differ from reality.
2.5 Users can communicate, text messaging within the ZWAP platform, can organize meetings. User Account Protection
(User) Your access to the ZWAP Platform User Account is password protected. We recommend that you do not disclose this
password to anyone. The ZWAP platform will never ask for your account password in unsolicited messages or phone calls.
Furthermore, we recommend ZWAP you log out of the User account (i.e. sign out) at the end of each user session. We also
advise you to close the browser window where you worked at the end of your ZWAP browsing. If you use the ZWAP mobile
application, we recommend that you take additional precautions to prevent unauthorized access to the mobile devices you use
(eg mobile device password). These tips are designed to help you prevent unauthorized people from accessing your personal
information or correspondence. You are responsible for maintaining the confidentiality of your information and password. You
will be responsible for the use of your registration, whether the use is made with or without your consent. You agree to notify
ZWAP of any unauthorized access to your registration data in the ZWAP Platform. The company is not liable for any moral or
material damage caused by your failure to comply with the data ZWAP measures used to access the ZWAP platform.
Intellectual property protection The content and design of the ZWAP platform (as well as any other ZWAP -related material)
sent to you by e-mail or provided to you in any other way (such as articles, design, newsletters, and any other materials
hereinafter referred to as " ZWAP Content"), belong to ZWAP and its contributors, regardless of whether the author is
specified or not, and are protected by intellectual property law. Articles published on dedicated content platforms (eg "
zwaptheapp.com", " ZWAP MARKETPLACE, etc.") may not be created by ZWAP, in which case the intellectual property rights belong exclusively to
the ZWAP contributors who created them.
You may not use, reproduce, or permit anyone to use or reproduce the materials without the written permission of ZWAP or its
affiliates, who own intellectual property rights in that section of the ZWAP Platform content. It is also forbidden to reproduce, in
any way, in whole or in part, the information contained in the AD OF THE USERS and in the announcements of the
Companies, without the prior written consent of ZWAP. You may use the content of the ZWAP only for your own use and that
of your company, for the purpose for which you have subscribed to the ZWAP Platform. Except as set forth above, the
contents of the ZWAP Platform may not be reproduced, modified or exploited, regardless of the commercial or non-commercial
purpose of such exploitation. Actions such as those described below are not permitted unless prior written permission has been
obtained from ZWAP: reproduction or storage of the content, as well as the sending of such content to any other site, server or
any other means of storing the information. modification, publication, transmission, as well as participation in the transfer, sale,
distribution of materials made by reproducing, modifying or displaying the content, without our prior written permission. removal
of ZWAP copyrighted content.
Any use of the content of the ZWAP platform for purposes other than those expressly permitted by this document is prohibited.
Requests to use the content for purposes other than those expressly permitted by this document may be sent to:
HELLO@ZWAPTHEAPP.COM The use of automated means, including scripts, robot, bot, spider, crawler applications, and / or any
computer applications / programs that may deceive or simulate certain activities or statuses on the ZWAP platform or, in any
case, exploit certain functions or vulnerabilities of the ZWAP platform in order to obtain advantages, for itself or for other Users
or third parties, in terms of using the ZWAP platform or accessing and using any Services.
Protection of personal data The company takes the confidentiality of the personal data of the Users seriously. The privacy
policy and the aspects regarding the way in which the Company processes the personal data of the Users (including the
representatives of the Users) are described in the section Privacy Policy. It should also be noted that the Users act as
operators of personal data, in accordance with the applicable legislation, and that, in this capacity, they have a number of rights
and obligations related to the personal data of Users accessed through via the ZWAP Platform. WHEN USING THE
SERVICES PROVIDED THROUGH THE ZWAP PLATFORM, THE USERS AGREE AND AGREE TO FOLLOW THE TERMS
AND CONDITIONS SETTED IN THIS CONTER TERMAT PROCESSING AGREEMENT. WHEN YOU CREATE A USER
ACCOUNT, THE TERMS AND CONDITIONS WILL INCLUDE AS AN ANNEX AND THE PERSONAL DATA PROCESSING
AGREEMENT. Also, in the case of Users located in third countries who have not been granted an adequate level of protection,
they will be able to access the personal data of Users only on the basis of a set of standard contractual clauses concluded
regarding the introduction of an alternative set. of standard contractual clauses for the transfer of personal data to third
countries approved by the EU Commission. The Personal Data Processing Agreement will also include a set of standard
contractual terms that must be accepted by such a User before accessing Users' data.
In the absence of standard contractual clauses signed with the User, the transfer may be made only on the basis of other
mechanisms that provide adequate guarantees under Article 46 of the GDPR or if the transfer is necessary for the execution of
a contract with the data subject. directly to a job advertisement published by a User located in a third country). Changes and ZWAP
Suspension of Access ZWAP reserves the right to suspend, modify, add or delete portions of the contents of the ZWAP
platform at any time. ZWAP also reserves the right to restrict Users' access to some or all of its content. ZWAP may, without
any further notice or formality and without requiring an explanation of its attitude, suspend or terminate your access to the
content of the ZWAP platform or any part of such content. In this regard, ZWAP may block access to, use of, or use of any of
its other services that you receive, or remove and delete any material from the Services for any reason. ZWAP may also, at
any time and without notice, discontinue the provision of the Services, or any part thereof, with or without notice. In this case,
the provisions of Section 2.3.4 of the Terms and Conditions shall apply, where applicable. In the event of restricted access to
Paid Service Users, they understand and agree that the only claims they may make against ZWAP are limited to requesting a
refund of the portion of the fee for the restricted period.
Lack of warranty and disclaimer Although we make every effort to ensure the quality and accuracy of the data published on the
ZWAP platform, ZWAP cannot guarantee that the information provided by Users in their ADS is correct, complete and current,
just as it cannot guarantee this in regarding the information presented by the Users in the job postings published on the ZWAP
platform. To the extent permitted by applicable law, ZWAP shall in no event be held liable for any damage, directly or indirectly
caused, to any direct or indirect loss of profit (including, but not limited to, this list: damages for loss of profit, interruption of
business, or other pecuniary damage), suffered as a result of the use or interruption of use or lack of regularity of the
information and Services provided by ZWAP. ZWAP does not warrant the accuracy, correctness or timeliness of the
information or Services provided by ZWAP. Also, ZWAP does not warrant that the computer systems or programs used by
ZWAP to display or transmit information on the ZWAP Platform or in any other form do not contain viruses or other destructive
code sequences or other destructive properties. What we can guarantee, however, is that our team will always seek to provide
the most up-to-date information and ensure the highest possible level of security for all users of the ZWAP Platform. To the
extent permitted by applicable law, you agree to exonerate ZWAP liability for any legal or extrajudicial proceedings and to
cover any costs and expenses that may arise as a result of your breach of the terms of this set of lawsuits. Terms and
conditions. Major force ZWAP, affiliates or, in general, the providers of information to ZWAP cannot be held responsible for
any delay or error in the content provided by our publications, resulting directly or indirectly from causes beyond the control of
ZWAP. This exemption includes, but is not limited to: ZWAP technical equipment malfunctions, internet connection
malfunction, telephone connection malfunctions, computer viruses, unauthorized access to ZWAP systems, operating errors,
strikes, etc.
9.1. Changing the terms of this agreement THE COMPANY RESERVES ITS RIGHT TO PERIODICALLY UPDATE THIS SET
OF TERMS AND CONDITIONS (EX: TO CORRESPOND TO CHANGES IN THE LEGISLATION OR SERVICES PROVIDED
BY THE COMPANY). USERS WILL BE NOTIFIED OF ANY UPDATES / CHANGES TO THE TERMS AND CONDITIONS SET
AND WILL BE REQUESTED TO EXPRESSLY AGREE TO THE UPDATED TERMS AND CONDITIONS SET. REFUSAL TO
ACCEPT THE UPDATED SET OF TERMS AND CONDITIONS WILL AFFECT THE TERMINATION OF THE CONTRACT
WITH THE COMPANY, AND USERS WILL NO LONGER BE ABLE TO USE THE ZWAP PLATFORM AND / OR THE
COMPANY'S SERVICES. Also, some services offered by ZWAP may be subject to different terms, which will be displayed in
the case of each such service, in a visible place, which can be accessed before using the service. 9.2. Advertising and content
provided by other parties Parts of the content included in ZWAP may be provided by third parties with whom ZWAP has
entered into content supply contracts. Also included in the ZWAP content may be advertising sections in which third-party
advertising messages will be displayed. ZWAP is in no way responsible for the content provided by third parties, whether for
advertising purposes or not. Also, ZWAP is not responsible for the content of the pages that refer to it.
9.3. Notifications Any notification to ZWAP must be sent in writing, by e-mail to HELLO@ZWAPTHEAPP.COM, by post. Unless the
User communicates any changes, responses to notifications will be sent to the contact details provided by the User, and such
notifications will be deemed received by the User. 9.4. Applicable law and jurisdiction The rights and obligations of the parties,
imposed by this agreement, as well as all the legal effects that this agreement produces will be interpreted and governed by the
Romanian law in force. Any dispute arising out of this agreement shall be settled before the competent courts in the locality in
which the ZWAP seat is situated.