Terms and Conditions

General Terms and Conditions
General Terms and Conditions
Specific Terms and Conditions - Pay in 30 days
Terms and Conditions for Merchants

These General Terms and Conditions (hereinafter referred to as “GTC”) form a contract entered into between Zinia and Customer (hereinafter referred to as “you” or the “Customer”) (hereinafter referred to as the “Agreement”) for the use of the available services and features on the Zinia website (hereinafter referred to as the “Website”) and/or in the Zinia app (hereinafter referred to as the “App”).

You acknowledge that prior to using the Services and features on the Website or the App (the “Services”), you must accept the current version of these GTC and create a Zinia User Account (the “User Account”).

You can download the latest version of these GTC at any time from the Website/App and here as well.

Keep in mind that when you purchase goods and/or services in a store or through a store’s website, when selecting a Zinia payment method in addition to these GTC, you must accept the specific terms and conditions of that store with information about the Zinia payment method you selected.

 

1. What is Zinia?

Open Bank is a Spanish bank operating within the framework of freedom of service in Germany and is registered in the commercial register of Madrid in Part 5308, Sheet 202, Page M – 87030 and with the Spanish Central Bank under registration number 0073 (hereinafter “Openbank”). Zinia is a trademark registered by Open Bank, S.A.

Below are Zinia’s key contact details: Name:

Zinia a registered trademark by Open Bank, S.A.

Spanish Tax ID: A-28021079

Address: Plaza de Santa Bárbara 2, E - 28004 Madrid

E-Mail: info.de@zinia.com

Website: https://www.zinia.com/de

 

2. Zinia Website/app

 

Through the Website/App, you have access to Zinia’s services, for example, to primarily view your Zinia purchases and transactions, manage your payments, interact with Zinia, etc. Some of the Services will be enabled by downloading the App or logging into the Website/App, while other Services may be enabled after logging in.

Zinia continuously updates the Website/App with new and improved features. The exact content of the Services may vary depending on the different country versions of the Website.

Access the Website here (https://www.zinia.com/de/) and download the App with the relevant App Store (hereinafter “App Store”).

As a user of the Website/App, you agree not to post or share any unlawful, fraudulent, abusive, threatening, infringing, offensive or criminal content (such as agitation against ethnic groups, child pornography or unlawful displays of violence), nor to forward any content that contains viruses, Trojan horses, spyware, adware, malware or other harmful or destructive programming, nor to distribute unsolicited advertising (spam) or other forms of harassment. You are solely responsible for your uploads, postings and sharing of Content and agree to indemnify and protect Zinia against any damages, losses or costs incurred by Zinia as a result of your uploads, postings or sharing of Content, including claims from third parties against Zinia.

Zinia may, but is under no obligation to, monitor, review, adapt, disable or delete Content without notice to you or any third party at its sole discretion.

Terminating or closing your user account

You can cancel your account on the Zinia Website and/or the Zinia App at any time. All you need to do is contact our customer service (please see section 12, Would you like to contact Zinia?). To exercise this right, you must not have any open debt of any kind with Zinia. We may also close your user account for any reason we deem appropriate; however, these GTC will continue to apply until all outstanding amounts have been paid in full.

Data history

Zinia will retain the information about your purchases and transactions on the Website/App for as long as necessary for Zinia to comply with its obligations under these GTC, or as required by applicable law. As part of the services provided under these GTC, Zinia allows you to view information about your purchases and transactions on the Website/App.

 

3. Are the services subject to payment?

Use of the Services is free of charge for you.

 

4. What are your obligations?

You must always provide Zinia with accurate and up-to-date information and use your real identity. Any false, inaccurate or misleading data or information that you are prohibited from using for any other reasons, and the use of the Service in an unauthorised manner, is considered misuse. Data relating to misuse or suspected misuse may be stored and used for the purposes of subsequent risk assessment and protection of the parties involved. Zinia reserves the right to block the Service from further use. By uploading, importing, or sharing content such as images, text, recipes, goods information or deliveries, or other content on Zinia, you grant Zinia a royalty-free right to use and display the content for the purposes of providing the Service. Zinia reserves the right to delete any content uploaded or shared by you if Zinia is required to do so by law or believes that such content is offensive, inappropriate, unlawful, infringing or otherwise objectionable. You are responsible for any content you upload or share. You acknowledge and agree that if you upload, import, or share content that is abusive, threatening, offensive, or infringing, or that Zinia reasonably believes violates the law or your contract with Zinia, Zinia may terminate or disable your user account and, therefore, use of its Website/App.

You are responsible for maintaining the security of your user account. Zinia is not liable for unauthorised access to and/or use of your user account. As soon as you become aware of any unauthorised access or use of your user account, you must contact us immediately and report it to our Customer Service (please see Section 12, Would you like to contact Zinia?).

You must notify Zinia of any changes to your address, email address, and/or phone number. Until Zinia is notified of a change of address, it will be assumed that you reside at the address last provided to Zinia, and you will continue to be liable for all outstanding amounts and related costs such as interest and out-of-court costs. Changes must be communicated to Zinia (please see section 8, How does Zinia process your personal data?).

In the event of a dispute with a store, you must file a complaint directly with that store. At Zinia, we strive to simplify the communication between you and the store to help resolve possible litigation; however, the outcome of your dispute with a store will not affect the rights and remedies that Zinia may have under these GTC to fulfil your payment obligations.

 

5. Third-party services

Some of the services you use may include features and services provided by a third party. If you use features that rely on the services of third parties, you authorise Zinia to use those services on your behalf. The App is available from App stores. You can request to register with the relevant App store beforehand. Zinia has no influence on the collection, processing and use of personal data by the operators of the relevant App store.

 

6. What is our scope of liability?

Zinia shall not be liable for any damage caused by your failure to comply with the provisions set out in these GTC, in particular if restrictions are not taken into account or the obligations mentioned are not complied with.

Zinia shall not be liable for any damage or loss that may result from any failure to access or use the Website/App, its Services or its content, including temporary unavailability of the Website/App or Services, although Zinia will use its best efforts to avoid such damage and loss and to provide any necessary clarity.

Zinia is not liable for any damage or loss resulting from computer viruses, cyberattacks or other changes to your or our computers or computer systems or the computers and computer systems of the store. Zinia shall also not be liable for any loss of business, profits or data, or for any indirect, incidental, special or consequential damages, regardless of their cause, resulting from access to or use of the Services.

IMPORTANT: The information provided by Zinia on the Website/App is for informational purposes and so that you can fulfil your contractual obligations. Zinia warrants the accuracy and correctness of this information, but they are not to be considered a recommendation or legal, tax, financial or technical advice and do not constitute an offer or warranty for the Services unless specifically mentioned by us as such. They should not be considered as an incentive to conduct transactions and should not be relied upon as a basis for your financial decisions. Zinia assumes no liability whatsoever with regard to any use of the information other than that stated above.

 

Zinia has no control over the content on any Website linked to Zinia and cannot be held liable for it.

Zinia is not liable for any loss, claim or damage arising from the use or misuse of links on third-party Websites or the information contained on them. These links do not imply in any way that Zinia has any relationship, collaboration or dependence with the owner of any third-party Website.

If Zinia becomes aware that the activity or disclosure available through such links is illegal, constitutes a criminal offence, or infringes the property or rights of any third party, Zinia will use reasonable care to delete or disable such links as soon as possible

 

8. How does Zinia process your personal data?

Zinia processes your personal data in accordance with the statutory provisions. Zinia processes your data solely for the purpose of fulfilling its obligations under this Agreement and for additional purposes including, but not limited to, your identification and customer management, fraud prevention or answering any questions you may have, and sending you advertising. For more information on data processing, data sharing, your rights in relation to your data, and how to contact Zinia with questions or file a complaint with an authority, please refer to Zinia’s Privacy Policy.

You can exercise the right of access, data portability, data correction and deletion, objection and restriction of data processing at any time via the following channels:

  • Email: datenschutz.de@zinia.com.
  • Postal address: Privacy, Open Bank, S.A., Plaza Santa Bárbara 2, 28004 Madrid, Spain.
  • Headquarters: Plaza Santa Bárbara 2, 28004 Madrid, Spain.
  • Contact Centre: +49 216 1621 0029.

Finally, you can submit a claim to Zinia and/or the German data protection authority in writing to the above-mentioned mailing address or via the Website www.aepd.es, especially if you are not satisfied with the exercise of your rights. If you live in a Member State other than Germany, you can also contact the supervisory authority for data protection in your country directly.

 

By using the Services, you acknowledge that you have read Zinia’s Privacy Policy.

 

9. How does Zinia use cookies?

When you browse the Website/App, Zinia uses its own cookies as well as third-party cookies that you can configure individually. For information about Zinia’s use of its own cookies and third-party cookies, please see Zinia’s Cookie Policy.

 

10. Electronic communications

By accepting these GTC, you agree that communications between you and Zinia will be primarily electronic. Payment instructions, payment terms, legally required data and other information will therefore be provided electronically (via the Website, the App, the email address provided to Zinia, etc.). Zinia may also send you communications in other ways, such as by mail, etc. Because these communications are based on contractual or legal requirements, you cannot object to their sending.

Please note that it is your responsibility to keep your contact details up to date and ensure that Zinia has your current address, email address and mobile phone number so that Zinia can communicate with you electronically. If you need to update your primary email address, please see Section 8, How Does Zinia Process Your Personal Data? of these GTC, to find out which channels are available to you.

 

11. Transfer of rights and obligations

You may not transfer or assign any rights or obligations you may have under these GTC. Zinia may assign or transfer these GTC or any rights or obligations under these GTC to a third party at any time to the fullest extent permitted by applicable law, provided, however, that the rights and obligations arising for you under these GTC will not be changed in any way that is detrimental to you. By accepting these GTC, you agree in advance to such transfer or assignment of the GTC. In the event of the transfer or assignment of these GTC or of all rights and obligations under these GTC, you will be notified in advance and have the right to terminate this Agreement.

12. Would you like to contact Zinia?

You can reach our Customer Service through the following channels:

  • By phone on: +49 216 1621 0029, Monday to Friday from 9 a.m. to 5 p.m.
  • By email at: info.de@zinia.com

Zinia undertakes to notify you of the status of your request within 48 hours.

12.1 Complaint Service and Customer Service

If the response you received from our Customer Service does not meet your expectations, you can contact Openbank’s Complaints Service and Customer Service. These are the contact details:

Grupo Santander Claims and Customer Care Service.

Apartado de Correos 35.250

28080 – Madrid

Email: santander_reclamaciones@gruposantander.es

Fax: 91 759 48 36

Phone: +34 91 276 21 54 or +34 900 22 32 42

 

12.2 Office of the Ombudsman for Customers

The Office of the Ombudsman for Customers is an independent body with which the Santander Group is affiliated and to which you can submit your complaints. These are the contact details:

Mr. José Luis Gómez-Dégano and Ceballos-Zuñiga

Apartado de Correos 14019

28080 Madrid

Fax:  +34 91 429 23 19

 

12.3 Claims Service of the Spanish Central Bank

If the complaint has been received by the Complaints Service and Customer Service but has not been resolved to your satisfaction, or if it has been over a month since the complaint was received and you have not received a response, you may contact the Spanish Central Bank (Banco de España). These are the contact details:

Claims Service of Bank of Spain

Calle Alcalá 48, 28014 Madrid

You can visit their website here.

 

Prior to using the Spanish Central Bank Complaint Service, you are required by regulation to demonstrate that you have previously contacted the Openbank Complaint Service and Customer Service or the Office of the Ombudsman for clients who have acted with full autonomy regarding the principles and policies in the performance of their duties.

 

12.4 Standard Complaint Form

The complaints form can be found in the Openbank branches:

 

Paseo de la Castellana, 134, 28046 – Madrid

Plaza de Santa Bárbara, 2, 28004 – Madrid

Telephone number for incidents: +34 900 22 32 42

You can also download the standard form for wording customer complaints and claims at the following link: https://tramita.comunidad.madrid/denuncias-reclamaciones-recursos/reclamaciones-denuncias-consumo.

In accordance with the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online resolution of consumer disputes, a link provided by the European Commission to the platform for the online resolution of consumer disputes by the customers can be used to resolve any discrepancies or disputes regarding services rendered online: http://ec.europa.eu/odr.

 

13. What is the term of this agreement?

 

These GTC shall have an unlimited term, and either party (you and Zinia) may terminate the Agreement at any time. Unless otherwise agreed, these GTC will be terminated upon closure of your user account. However, to exercise your right to termination, you must not have any outstanding debt of any kind with Zinia. Therefore, if you wish to exercise this right of termination, you must immediately repay to Zinia the amount of the relevant debt and, if applicable, any amounts due on the outstanding payment. The Agreement shall remain in effect for the purpose of a claim for outstanding debt arising from the use of the Services for as long as such debts remain unpaid.

 

14. Language and applicable laws and jurisdiction

These GTC and all informational documents and guidelines are written in German. The communication between you and Zinia arising from our business relationship will be in German or English.

These GTC shall be governed by German law unless mandatory law or another applicable legal system prevails. If one or more provisions of these GTC are declared void or invalid in whole or in part, this shall only apply to the provisions or part thereof that are void or invalid; all other provisions shall remain valid.

All disputes relating to the application, compliance or interpretation of these GTC will be brought before the courts in Germany, unless the Customer is considered a consumer under the laws of its Member State, in which case such disputes may also be brought under the jurisdiction of the competent courts with appropriate authority under the laws of the Customer’s home country.

 

Last updated: September 2022

These Specific Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) form a contract entered into between the Customer (hereinafter referred to as “you” or the “Customer”) and the store where you purchase goods and/or services through the store’s website or through the point of sale/Click&Collect and select the payment method “Zinia Buy Now Pay Later 30 days” (hereinafter referred to as “BNPL 30 days”). By signing up for “BNPL 30 days”, you will therefore have to accept these Terms and Conditions and thus enter into a contract (hereinafter referred to as the “Contract”) with the store. BNPL 30 days will be provided by the store in cooperation with Zinia. For more information on Zinia and more, please see the General Terms and Conditions.

We would like to inform you that your outstanding debts from purchases made via “BNPL 30 days” will be assigned to Zinia. Therefore, upon acceptance of your application for “BNPL 30 days”, the rights associated with the amount you owe as a result of the order you have placed will be transferred from the store to Zinia. This means that upon Zinia’s acceptance, you will only be able to make the payment to Zinia, otherwise you will not be released from your payment obligation. If you make a payment to any other person other than Zinia, your payment obligation to Zinia will remain. In this case, you will have to pay (again) but then to Zinia.

BNPL 30 days can only be offered after your credit score has been checked. If “BNPL 30 days” is not possible due to an unfavourable credit rating or for any other reason, the store will offer you alternative payment methods. You can end the contract by using these alternative payment methods or simply cancelling the order process.

You acknowledge that if you have not already done so, you must accept the current version of these Terms and Conditions before using “BNPL 30 days”.

You can always find the latest version of these Terms and Conditions, and the GTC, on Zinia’s website and app, or download them here.

 

1. What does "BNPL 30 days" include?

“BNPL 30 days” is a payment method which gives you the option to pay for your order on the store’s website or point of sale within 30 (thirty) days after your order has been processed (for purchases made at the point of sale and/or Click&Collect) or after sending an order for delivery thereof (for purchases made through the store’s website or the app). The store informs Zinia when the order has been processed/shipped, and Zinia sends you the payment instructions so you can pay Zinia directly for your purchase. Please note that in the case of a purchase made via the store’s website or app, if you change the delivery address after Zinia has accepted your request, Zinia may automatically cancel that transaction and notify the store accordingly.

To the extent permitted by law, Zinia reserves the right not to refund any fees upon return of your order. By selecting BNPL 30 days, you declare that:

  • you have not requested a payment suspension
  • you have not been declared insolvent and/or are not in default, and/or there is no bankruptcy filing open and you are not expected to become insolvent in the near future; you are also not in a situation where you have ceased timely payment of your debts
  • you have not been approved for litigation or mediation at any time in accordance with applicable local regulations
  • you are not in a receivership, guardianship, conservatorship or similar situation
  • you are at least 18 (eighteen) years old or have decision-making authority or are represented by a person who is legally authorised to represent you and is authorised to act on your behalf
  • Payment obligations arising from your order must be fully fulfilled in due time by a payment to Zinia.

 

2. What happens if the customer returns goods(s) or cancels the purchase?

If you decide to return the Products ordered by you with “BNPL 30 days” to the store, you must arrange the return directly with the store, ensuring that the Products are returned in accordance with the return policy or other instructions communicated to you or in any other manner permitted by applicable law. After the store has informed us of the return, Zinia will cancel the amount to be paid.

If you would like to return part of your purchase, Zinia will adjust the open amount accordingly, and you only need to pay for the items/services you wish to keep. If you return your order in full, Zinia will cancel your remaining payment.

 

3. What is the cost of “BNPL 30 days”?

 

Zinia will not charge you any fees for using “BNPL 30 days” if you repay to Zinia the amount due within 30 (thirty) days as specified in the payment instructions sent to you.

However, if you do not pay Zinia the amount due within 30 (thirty) days, the amount may be claimed immediately and you will be deemed to be in default.

Please note that from the date you are officially in default, Zinia will be entitled to increase the amount you owe by the monthly interest allowed by law, as well as administration fees for the payment reminders that Zinia may send you at any time in accordance with applicable local regulations. Zinia will charge you all reasonable costs, both court and out-of-court fees, to enforce its right.

  • If the payment has not been received by Zinia after the 30 (thirty) days mentioned above, various payment reminders will be sent to you via email and SMS. Zinia will charge you a fee of EUR 1.20 for each payment reminder sent to you (with a maximum of three paid reminders sent).
  • If, after these payment reminders, you still have not paid Zinia the amount due, your invoice will be handed over to a specialised collection company, which will then charge you its own fees.

 

4. How will your personal data be processed?

4.1 How does the store process your personal data?

The store processes your personal data for the adequate performance, execution and maintenance of this Agreement, to comply with the legal requirements to which the store is subject, such as the compliance with requests for information from individual entities, or due to, among other things, its legitimate interest in fraud prevention, as well as to protect you from possible fraudulent conduct or to conduct customer satisfaction surveys.

For more information about your privacy rights and how we process your personal data, please refer to the privacy policy of the store on the retailer’s website.

By using “BNPL 30 days” you confirm that you have read the privacy policy of the store.

 

4.2 How does Zinia process your personal data?

Zinia will process your personal data for the adequate performance, execution and maintenance of this Agreement, to comply with the legal requirements to which Zinia is subject, such as to comply with requests for information from individual entities, or due to, among other things, its legitimate interest in fraud prevention, as well as to protect you from possible fraudulent conduct or to conduct customer satisfaction surveys.

Some of the data processing mentioned is carried out by Zinia via automated decisions that can have significant consequences for you, namely: a data profiling based on Zinia’s legitimate interest for assessment as to whether your use of Zinia’s Services involves a risk of fraud; for the adequate performance and execution of the contract, an analysis of invoice revenue to evaluate your solvency and to predict whether you can afford to pay for the goods ordered, to avoid the potential inability to pay the debt. In all such cases, Zinia will comply with the procedures, rights and warranties applicable under applicable regulations. For more detailed information on automated individual decision-making, as well as information regarding your right to object to an automated decision with legal consequences or decisions that may otherwise have significant consequences for you, please refer to Zinia’s Privacy Policy.

Zinia receives personal data about you from third parties such as the store where you placed your order, credit bureaus, third-party service provider databases (such as the CRIF or SCHUFA), social media platforms, or publicly available sources. The data obtained from the mentioned external sources may include contact and identification data, economic, financial and insurance data, information on the goods and services purchased, device data, data on your personal characteristics as well as data on politically exposed persons and sanctions lists.

For more information about your data protection rights and how we process your personal data, please refer to Zinia’s Privacy Policy.

By using “BNPL 30 days”, you acknowledge that you have read Zinia’s Privacy Policy.

5. Claims and complaints

If there is a dispute with a store, you must submit your complaint or claim directly to the store concerned. From Zinia, we will try to facilitate communication between you and the store to find a solution to any disputes that may arise, and we provide you with our complaint tools; however, the outcome of your dispute with a store will not affect the rights and remedial measures that Zinia may exercise to ensure that you comply with your payment obligations. Please note that responsibility for general customer enquiries (e.g., regarding goods, scope of services, delivery duration or shipment), returns, complaints or settlement of warranty claims does not change simply because your outstanding debt is transferred to Zinia: It remains the responsibility of the store where you placed your order.

For more information on the various bodies for claims and complaints management as well as customer service, please see here. This information is also contained in our General Terms and Conditions.

Last updated: September 2022

 

 

1. Introduction and definitions

These General Terms and Conditions (hereinafter the “General Terms and Conditions”) describe your rights and obligations when using special products. These products are referred to as “Zinia products”. In these Terms and Conditions, the term “Zinia products” includes, but is not limited to, all APIs (application programming interfaces), trade names, brands, logos, data, tool tips (text that appears when the user hovers over an object), widgets for partial payments, modules, SDKs (Software Development Kits), databases, domain names or any other distinguishing product of Zinia and/or such for which Zinia has a licence with a third party and which are made available to you in these Terms and Conditions. By using the Zinia products, you declare that you have read, understood and accepted these General Terms and Conditions.

Zinia reserves the right to modify these General Terms and Conditions at any time. You are responsible for keeping yourself informed of any changes to these General Terms and Conditions. If you have a dealer account with Zinia, you are solely responsible for the correct use of (i) the passwords, access to the Business Portal, and (ii) any tools offered through the Business Portal.

In the event of a security breach that could affect the Business Portal on this site and/or the proper provision of a service provided by Zinia, you must notify Zinia as soon as possible and in any event no later than two (2) business days after you become aware of the breach, as set out in the agreement between Zinia and you (the “Agreement”).

2. Intellectual property rights

You may only use Zinia’s trademarks and other proprietary trademarks to perform the activities for which they are intended and for which Zinia has given its prior written consent.

The consent to use Zinia’s trademarks and other proprietary trademarks does not imply in any way that they can be transferred to you by Zinia. You acknowledge that Zinia is the sole owner of the trademarks and all related industrial and intellectual property rights.

Except as expressly provided, Zinia must give its prior express written consent to all forms of promotion of the collaboration through any medium in which its logo, trademark, company name, image or other proprietary trademarks or technical creations appear.

You may not transfer the licence to third parties or grant sub-licences. In addition, under no circumstances may you sell, transfer, delete or in any way encumber the trademarks.

You agree to follow Zinia’s instructions when using its trademark. In this context, you agree to indemnify Zinia from any claims for damages to which Zinia may be exposed due to infringement of intellectual or industrial property rights to the extent that such infringement is due to your improper or negligent use.

Zinia and you warrant that collaborative products do not contain items owned by third parties that conflict with existing industrial or intellectual property rights.

Zinia shall not be liable if any obligations and rights arising under the Agreement are in any way in conflict with any contract or understanding between you and any third party. In this context, you warrant that during the term of this Agreement you have not signed or will not sign any agreement or contract that could have such an effect.

Zinia products may be protected by copyright, trade and trademark and service mark warranties and/or other proprietary rights under both applicable Spanish law and the law of other countries. You agree to comply fully with these General Terms and Conditions, all applicable proprietary rights and other laws, and any supplemental copyright notices or restrictions contained in these General Terms and Conditions. You may not claim, publish, copy, assign, transfer, license or otherwise dispose of ownership to any intellectual property rights in the source code or in the call structure of Zinia products. Zinia owns all rights, titles and interest in and to the Zinia products.

3. Special conditions

You are granted only a limited, personal, non-transferable, time-limited, revocable right and licence to use the Zinia products for your internal business purposes and for the functions set forth in Zinia’s instructions, documentation and/or agreement. You may only use the Zinia products in accordance with Zinia’s instructions and documentation. You have the responsibility to ensure that you are constantly informed of the applicable instructions and documentation. If you are unsure if you have received the latest instructions from Zinia, please contact Zinia.

You must under no circumstances use the Zinia products for malicious purposes, such as the spread of viruses, computer worms, Trojan horses or other forms of malware, including through the website where the Zinia products are used.

You agree that Zinia may use any data you upload, share, or otherwise provide to Zinia without having to obtain specific consent each time. Zinia’s use of this type of data involves, but is not limited to, executing processes to improve risk assessment and user experience.

Zinia may limit or restrict use of the Zinia products at any time and at its sole discretion.

Zinia monitors the use of Zinia products to ensure compliance with these General Terms and Conditions and to monitor quality, detect abuse, and constantly optimise its products and services. You agree to this monitoring.

If you use Zinia products, you do so at your own risk. You will be fully liable for any damage or loss resulting from your use of any of the Zinia products. When using Zinia products, you must fully comply with applicable legal provisions. In addition, you may not promote or support illegal activities.

You acknowledge and agree that the open source software published by Zinia may be subject to other terms and conditions that supersede these Terms and Conditions.

 

4. Amendments and modifications

Zinia may modify Zinia products and these General Terms and Conditions. These changes include, but are not limited to, changes to the APIs and API Content. If you continue to use Zinia after a change or adjustment, you fully agree to that change. If you do not agree to the new or amended Terms and Conditions, you may no longer use Zinia products and are obligated to discontinue use. Zinia may, at any time and at its sole discretion, discontinue or modify any functionality of the Zinia products. Under these General Terms and Conditions, discontinuation means that Zinia no longer offers support or updates for certain versions or features. Zinia is under no obligation to inform users of the discontinuation of versions or functionalities.

5. Liability

In no event shall Zinia be liable for damage and/or loss of any kind whatsoever in connection with Zinia products and their use, or in any manner whatsoever.

In particular, Zinia shall not be liable in any case for any direct or indirect damages, consequential damages, incidental damages, special damages or punitive damages (exemplary damages), as a result of, in connection with or in any way relating to the use of Zinia products. It does not matter whether the damage is based on a contract, tort (negligence or strict liability) or other legal or justified theory. Zinia is also not liable for loss of profits or revenue, whether or not you were or should have been aware of the possibility of such damage. Zinia products are provided “for your own benefit and damage” without any warranty of any kind, express or implied. Zinia does not guarantee any special availability, functionality, quality, safety, title and/or non-infringement of rights.

6. Personal data

All data you receive from Zinia must be handled with due care and in accordance with applicable laws and/or agreements made between you and Zinia.

If the parties have not reached another agreement regarding the transfer and processing of personal data, the following shall apply:

When using Zinia products, if personal data (as defined in Regulation (EU) 2016/679 (the “GDPR”)) is processed, you must comply with applicable data protection regulations and ensure that you have the right to process this data. If Zinia is considered the data controller of this personal data, you agree not to use this data until you have entered into a data processing agreement with Zinia. The transfer of personal data to territories outside the EU/EES is not permitted provided Zinia is considered to be the controller for this type of data.

7. Term and termination

Zinia reserves the right to cancel these General Terms and Conditions at any time, with a prior notification to you. Once this termination has occurred, you will no longer be allowed to use the Zinia products and services. These General Terms and Conditions will apply to you until revoked by Zinia as long as you use Zinia products and services and/or have remaining obligations in accordance with these Terms and Conditions and/or the contract.

If your contract with Zinia is terminated or your Zinia business account is closed, you must immediately stop using Zinia products and services, unless otherwise agreed.

8. Indemnity

You agree to indemnify and hold harmless Zinia and its affiliated companies, officers, directors and employees from and against any third-party claims and/or losses/damages of any kind arising out of your use of the Zinia products.

9. Severability clause

The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of the remaining provisions of these General Terms and Conditions, which shall remain in full force and effect.

 

10. Applicable law 

These General Terms and Conditions are governed by Spanish law.

Any dispute, difference in opinion or claim arising out of or relating to this contract or its breach, termination, interpretation or invalidity shall be decided by the Spanish courts.

 

Last updated: January 2022