ZipMatch Service Agreement

Thanks for using ZipMatch! This Terms of Service Agreement (the “Agreement”) is an agreement between us, HomeMatch Corporation with trade name ZipMatch ("First Party"), a corporation duly organized and existing under the laws of the Republic of the Philippines located at 9th Floor, Unit 9B, Net Park Building, 5th Avenue, Bonifacio Global City, Taguig City, Philippines, 1634, and you, as Broker or Agent (the “Second Party”).

(STOP: If you are a real estate developer, email Client Support at clientsupport@zipmatch.com for your Service Agreement).

We provide Second Parties (that’s You!) ZipMatch Pro, a digital toolbox of products and services catered to real estate professionals who are in the business of marketing/selling/leasing residential real estate (condo, townhouse, house and lot).

By signing up to use our products and services to via the Site or with the assistance of or via an authorized sales representative of the First Party in any way, you are agreeing to comply with these terms, our Privacy Policy & Terms and Conditions, and any other legal notices or conditions or guidelines as written on this Agreement. You understand and also agree that you are solely responsible for reviewing the Agreement from time to time. Should you object to any of the Agreement’s term or condition, any guideline, or any subsequent changes thereto or become unhappy with any of the products and services or with ZipMatch in any way, your only choice is to immediately discontinue use in the manner set forth under (section) and agree with the following cancellation terms as dictated in the Agreement.

We will try to keep this Agreement as readable and straight to the point. If you have questions or suggestions or anything that can help us improve this Agreement, please do contact your account manager or Client Support at clientsupport@zipmatch.com to let us know.

1. Basic ZipMatch Pro Products and Services The following services the Second Party can avail under ZipMatch Pro can be use as a standalone feature or a combination of the following, depending on your choice upon signup. Some of these products and services may be free of use well if you choose to avail ZipMatch Pro Paid products and services:

• Professional Listings

  • Upload an unlimited number of secondary, residential real estate properties for sale or for rent, which will appear on the Site under Search Results or under a Project Page.

    Order of publishing of these Listings will depend on search parameters of each homebuyer user on the Site.

• Client Manager
  • A Customer Relationship Management (CRM) system that allows you to organize client interaction and engagement: receive inquiries, enter and save notes, keep track of sales funnel progress.
• Property Pages Access
  • Your “Online Flyer”: Full Access to our large resource database of Property Pages, shareable comprehensive microsites of featured residential projects.
• Virtual Tours
  • Full access to high-definition, 360-degree, moving images of residential property units via desktop or mobile browser.
• ProFile
  • A unique, branded, professional webpage showcasing your real estate expertise (Bio), property inventory (Professional Listings), and your property reviews, and client reviews. ProFile can be shared as your real estate “LinkedIn” on social media.

2. ZipMatch Pro Account

a. Signup and Registration
In order to use any of the products and/or services offered under ZipMatch Pro, you must first signup and register by providing your name, an e-mail address, password, and affirming your acceptance of this Agreement. Upon successful completion of the registration process, a ZipMatch Pro Account is established. The First Party may, in our sole discretion, refuse to allow you to establish a ZipMatch Pro Account, or limit the number of ZipMatch Pro Accounts that a single user may establish and maintain at any time to reduce chances of homebuyer confusion and fraud and retain the quality of the ZipMatch Pro broker network.

b. Real Estate Professional Verification

In order to use the products and services offered under ZipMatch Pro, including establishing point-to-point communication with prospective homebuyers, you are required to provide the First Party with certain personal information crucial to facilitate an eventual connection. Personal information includes but not limited to:

1. Your name as listed on your professional identification card;
2. Primary mobile number;
3. Primary email address
4. Government and/or regulatory identification numbers, and;
5. Other information that validates your real estate profession accreditation.

The First Party may also require you to answer certain questions or take actions in order to verify your identity and profession, provide the ZipMatch Pro to you, or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update your information under your ZipMatch Pro account should there be any information changes.

You hereby authorize the First Party to, directly or through third parties, make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, email address, professional license), to query account information, and take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

3. ZipCoin

You can subscribe to any of the paid products and services under ZipMatch Pro by using ZipCoins (“ZipCoins”), an internal digital currency exclusively developed for faster processing. The Second Party can purchase an X number of ZipCoins by paying the purchase prices preset by the First Party. Initial introductory or promotional rates may be applicable for initial signup.

Upon ZipMatch Pro account verification and/or payment confirmation, the number of ZipCoins purchased will be deposited at ZipCoin value or to be added on top of the remaining balance of the First Party’s account.

a. ZipCoin Purchase

You can purchase ZipCoins via the following payment methods:

1. Credit Cards
2. BancNet
3. DragonPay or Over The Counter (OTC)
4. PayPal
5. Globe GCash
6. Smart Money (via PayPal)
7. Bank deposit
8. Post-dated cheque

As per you choosing the product and/or service you wish to purchase, the First Party will instruct its financial services provider to initiate a debit from your primary payment method. If the payment is not successful, to any payment method you have on file, in an amount equal to the purchase price of the total number of ZipCoins you wish to purchase at the time that you initiate the transaction, the First Party will tag the purchase traction as Pending until the primary payment method has been resolved by the Second Party directly with the selected financial services provider, or if the Second Party provides an alternative payment method as listed in this section that will allow the debit to go through.

b. Cancellation of pending ZipCoin transactions

If your ZipCoin purchase is marked as complete or pending on your account, you cannot cancel, reverse, or change the order, although the First Party reserves the right to cancel the order as stated herein. In connection with any purchase of ZipCoins from the First Party, the First Party will use good faith efforts to fulfill such purchase order at the applicable, quoted purchase price at the time that the Second Party place such order. However, from time to time, it may be necessary for the First Party to delay fulfillment of a purchase order until such time as the Second Party is able to execute the transaction. In such cases, the First Party will notify the Second Party through the latter’s ZipMatch Pro account, and all communication means (email,SMS, phone call) prior to the completion of the ZipCoin purchase order that the amount of ZipCoins the latter will receive will be based on the applicable, quoted purchase price at the subsequent point, at which the First Party, with the Second Party’s further approval, may execute the purchase transaction.

c. ZipCoins Balance

The First Party will attempt to deposit the number of ZipCoins purchased by the Second Party as promptly as possible, the amount of ZipCoins may be debited from your primary payment method before ZipCoins are deposited on your ZipMatch Pro Account.

d. ZipMatch Pro Product/Service Purchase

As per you choosing the product and/or service you wish to purchase, the First Party will either deduct the corresponding amount of ZipCoins from the Second Party’s current balance, or require the Second Party to purchase an additional number of ZipCoins to complete the purchase of the ZipMatch Pro product and/or service.

At this point, the product and/or service transaction will be reversed and subsequently tagged as Pending unless the Second Party acts as instructed above otherwise, and that the ZipCoin balance prior to the purchase will remain the same.

e. Secondary exchanges, transfers, or other prohibited or illegal transactions involving ZipCoin payments

The First Party is relieved from accountability, liability, and other legal ramifications regarding any ZipCoin currency or and/monetary transfers or exchanges that transpired between two or more Second Parties. Second Parties who participates in such transaction are fully aware of any risks involved in such transactions. The First Party has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of the benefits that the Second Party has purchased or sell to or from a ZipMatch Pro user (including other users of the products and services under ZipMatch Pro). The First Party is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, another ZipMatch Pro user in connection with ZipCoins, or if you have a dispute with such third party, you must handle it directly with that third party.

The Second Party is also urged to report to Client Support at clientsupport@zipmatch.com so that the First Party may consider whether it should take any action.

The First Party also reserve the right to refuse to process, or to cancel or reverse, any purchases or sales of ZipCoins in its sole discretion, even after funds have been debited from your account(s) and/or ZipCoin balance, including but not limited to instances where the First Party suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime, in response to a subpoena, court order, or other government order, or if the First Party suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, the First Party will reverse the transaction and is under no obligation to allow the Second Party to reinitiate a purchase or sale order at the same price or on the same terms as the cancelled transaction.

4. ZipMatch Pro Product/Service Subscription

Using ZipCoins, you can avail either one or all of the following products and services at ZipCoin value (inclusive of taxes):

• ZipShop
  • A on-demand prospective buyer marketplace where you can be proactive in choosing client inquiries that matches what you’re selling.
• Project Pages Lead Subscription
  • Perfect for in-house brokers and sales agents, you can subscribe to any of our well-curated Project Pages of the residential projects you’re selling and simply wait to receive even more inquiries from clients online.
• 360 Virtual Reality
  • A first in the Philippine and Southeast Asian Real Estate Markets, showcase and market your residential properties in virtual reality experience using our in-house 360 Virtual Reality content and a supplementary pair of 360 Virtual Reality Goggles.
• Verified Listings
  • Publish and market your secondary listings with the “Verified” badge, and attract more quality homebuyers.
• ProFile Plus
  • Boost your online presence and credibility as a recommended professional by putting your name and face in front of a Project Page.

All offered products and services, including those in Beta mode, product testing and evaluating mode (collectively, “Beta Services”), under ZipMatch Pro are intellectual properties of the First Party.

a. ZipCoin Conversion/Pricing. The First Party reserves the right to change conversion rates of its products and services under ZipMatch Pro beyond guaranteed period with proper notice.

b. Modifications to the Services. To consistently provide better value offerings, the First Party may add and/or update the products and services under ZipMatch Pro from time to time either as promos or improvements. Should the First Party make any changes to a product or service in a manner that materially reduces their functionality, the First Party will inform the Second Party via the email address associated with the account.

Beta Products and Services. The First Party may provide Services. Notwithstanding anything to the contrary in this Agreement, the following terms apply to all Beta Services:

1. you may use or decline to use any Beta Services;
2. Beta Services may not be supported and may be changed at any time without notice to you;
3. Beta Services may not be as reliable or available as the other main products and services under ZipMatch Pro;
4. Beta Services may have not been subjected to the same security measures and auditing, to which products and services under ZipMatch Pro has been subjected to; and
5. THE FIRST PARTY WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES—USE AT YOUR OWN RISK. MOREOVER, CANCELLED BETA PRODUCTS AND SERVICES ARE NOT CONVERTIBLE TO EXTRA ZIPCOINS OR MONETARY VALUE THAT IS BENEFICIAL TO THE SECOND PARTY.

5. Cancellations and Refunds.

Because of its prepaid nature, the Second Party can cancel subscription of any product and/or service under ZipMatch Pro at any time.

Depending on the circumstance of the product/service cancellation, the Second Party may use any unused ZipCoins on another product or service under ZipMatch Pro.

Should the cancellation result in a voluntary account termination, any unused ZipCoins cannot be refunded or converted into monetary value back to the Second Party.

6. Content

As discussed in our Privacy Policy & Terms and Conditions:

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that:

• the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
• the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You represent and warrant that you have obtained appropriate government mandated licenses, permits, compliance etc., in relation to real estate regulations in the Philippines.

You are solely liable for obtaining the above mentioned in item, and you hold the First Party free from any third party claims arising from posting, linking, storing, sharing the content through the Site, including all pertinent information.

7. Community Guidelines

As a Second Party, you will agree to abide all of the following in addition to and or in support of the provisions in our Privacy Policy & Terms and Conditions:

a. You will ensure the email address and mobile number provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.

b. If uploading a Listing, you will ensure that the Listing information provided via your account is valid at all times and complies with the rules and regulations of the HLURB and other governing agencies and/or regulators.

• the listing is for a ready-for-occupancy condo, townhouse, or house and lot ONLY for sale or for rent;
• the listing is for a specific unit ONLY and NOT of the entire building or infrastructure where the said unit is located;
• the listing is NOT for an office space, standalone residential or commercial lot, or retail area for sale or for rent.

c. Images or photos provided for your ProFile and listings should be sharp and of clear quality and should NOT be in any form:

• uploaded in the incorrect format (ex. logo for Profile photo, collage for listing);
• with any type of watermarks.
• with any unnecessary photo adjustments, embellishments, and filters.
• in the incorrect pixel dimension and image size.

d. You will ensure that the information provided via your ZipMatch Pro account is valid at all times and complies with the rules and regulations of the HLURB and other governing agencies and/or regulators.

e. You will keep your ProFile accurate and up-to-date. For real estate professionals registered with the Professional Regulation Commission (PRC) and/or the Housing and Land Use Regulatory Board (HLURB), your license number/s is required to be listed on your ProFile.

f. You will not use the products and services under ZipMatch Pro for any unlawful purposes or to conduct any unlawful or criminal activity, including but not limited to fraud, embezzlement, solicitation, extortion, money laundering or insider trading.

g. You will not share your account details such as your username or password, let anyone else access your account, or do anything that might jeopardize the security of your account.

h. You will not publish Content, or links to Content on your listing that has been lifted without permission or stolen either from another Second Party or from a similar, third-party service (e.g. online classifieds site) or has the potential to infringe the intellectual property rights of another.

i. You will not publish Content that is considered spammy, machine or randomly-generated, and/or Content contains unethical or unwanted commercial content that is designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to pursue unlawful acts (such as phishing), or mislead the First Party’s customers.

The First Party may determine in its sole discretion whether or not an account is in violation of any of these policies. Offending users may be permanently restricted from holding an account or using the Services. If the First Party reasonably determines that your account is being used for illegal or fraudulent activity, then your account may be immediately terminated and your data erased. We may also report you to law enforcement officials in the appropriate jurisdictions as necessary.

8. Real Estate Sales Revenue Sharing

There will be no revenue sharing between the two Parties during the agreement period.

9. Real Estate Sales Taxes, Government And Other Taxes And Fees

When selling properties using ZipMatch Pro, it is the Second Party’s responsibility to determine whether or not sales, government-mandated taxes, and other taxes and fees apply to its real estate transactions and to collect, report and remit the correct amounts to the appropriate authorities or regulators. Moreover, the Second Party takes full responsibility for all taxes and fees of any nature that is associated with the Services.

10. Termination

As discussed in our Privacy Policy & Terms and Conditions:

Upon termination, your right to use ZipMatch Pro will immediately cease. If you wish to terminate your account, you may simply discontinue using ZipMatch Pro.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement and/or our Privacy Policy & Terms and Conditions.

For refund or secondary exchange requests of unused ZipCoins, please see Sections 3(b) and 6 for remedies.

11. Confidentiality of Information

As discussed in our Privacy Policy & Terms and Conditions:

The First Party is committed to protecting the information we receive from the Second Party. The First Party takes appropriate security measures to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. While no computer system is completely secure, the First Party believes the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.

The First Party agrees that it will maintain and preserve the confidentiality of all Confidential Information, including, but not limited to, taking active steps to protect and preserve the confidentiality of the Confidential Information it agrees to preserve and protect.

a. Prohibited Acts. The following are considered illegal use or misuse of information disclosed by the Second Party through the First Party and its related services:

1. Using the information from the website or of a fellow Second Party’s as an intent to defraud the First Party, other Second Party, or even non-customers of the First Party (Fraud, Misrepresentation).
2. Using the information from the website or of a fellow Second Party’s with the intent to obtain money or anything of monetary or currency value in exchange of the information illegally retrieved website or from a Second Party or First Party’s customer account (Extortion).
3. Using the information from the website or of a fellow Second Party’s and altering the information with the intent to use it to take away from the First Party the business or patronage of any customer of the First Party, or attempt to do so (Divert Business).
4. Using the information from the website or of a fellow Second Party’s to solicit the business or patronage of any customer of the First Party for any other person or entity (Solicitation).
5. Using the information from the website or of a fellow Second Party’s to terminate or reduce a customer’s relationship with the First Party and related services.

b. Conspiracy To Commit a Prohibited Act. If two (2) or more people conspire to commit any of the offenses listed in Section 9, and one or more of such people does any or a number of the listed acts to effect the object of the conspiracy, each of the parties to such conspiracy shall be subjected to the consequences that the First Party will impose as in the case of the doing of the act, the accomplishment of which, may or may not include, legal remedy if damage is substantial.

c. Presumption and Prima Facie Evidence of Intent to Commit a Prohibited Act. The mere possession, control or custody of: information from the First Party or to a fellow user or a customer of the First Party is presumed prima facie evidence that there is intention to illegally use the information to commit a prohibited act.

d. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with the terms of this provision is hereby repealed, modified or amended accordingly.

12. Warranty/Disclaimers

As discussed in our Privacy Policy & Terms and Conditions:

The Second Party’s use of the Service is at his or her sole risk. All products and services under ZipMatch Pro are provided on an “AS IS” and “AS AVAILABLE” basis. This means they are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ZipMatch Corporation Pte Ltd, its subsidiaries, affiliates, and its licensors do not warrant that a) any product or service under ZipMatch Pro will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.

Moreover, the Second Party, or through its representatives or franchisees, will certify and warrant that it is solely responsible for acquiring permits, licenses, and any appropriate government-mandated documentation in relation to its properties for sale and advertisements; and thus declare that it is solely liable for any claims arising from advertising its properties at https://www.zipmatch.com. The First Party is not considered a marketing or selling agent, and shall be kept free from any liability or lawsuits arising from any transactions between the Second Party, or through its representatives or franchisees, and any third party.

13. ERRORS AND ACCESS TO SITE

THE SECOND PARTY IS SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT ON ITS LISTINGS OR PROPERTY PAGES AND/OR ITS CORRESPONDING LISTINGS INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND PAYMENT TERMS. THE FIRST PARTY WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION ON THE SECOND PARTY’S LISTINGS AND IS NOT LIABLE TO ANY POTENTIAL DAMAGES DUE TO THE INACCURACIES. MOREOVER, THE FIRST PARTY MAY OPT TO NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SUBMITTED BY THE SECOND PARTY AND THAT THE LATTER IS SOLELY RESPONSIBLE FOR BACKING UP ITS DATA.

14. LIMITATION OF LIABILITY

As discussed in our Privacy Policy & Terms and Conditions:

THE FIRST PARTY IS NOT LIABLE TO THE SECOND PARTY OR TO ANY OF THE LATTER’S CLIENTS OR OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, OR THE SECOND PARTY’S CONTENT THAT HAS BEEN MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE. EVEN IF THE FIRST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU HEREBY RELEASE THE FIRST PARTY AND ITS OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING AND WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES AND THE CONTENT AVAILABLE ON OR THROUGH THE SITE. THE SECOND PARTY ALSO HEREBY WAIVE THE PROVISIONS OF LOCAL OR NATIONAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

14. EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE SECOND PARTY AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, OR THE SERVICE. UNDER NO CIRCUMSTANCES SHALL THE FIRST PARTY BE LIABLE IN ANY WAY FOR THE SECOND PARTY’S USE OF THE WEBSITE, THE SERVICES, AND THE SECOND PARTY’S CONTENT ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE WEBSITE, THE SERVICES, AND THE SECOND PARTY’S CONTENT AVAILABLE ON OR THROUGH THE SITE.

Certain local, national or international jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to the Second Party.

15. Privacy

The First Party encourages the Second Party to read the Privacy Policy & Terms and Conditions, and to use the information it contains to help the latter make informed decisions. Please also note that certain information, statements, data and content (such as photographs, images, videos, and text) which the Second Party has submitted and consequently published on the Site are likely to reveal the Second Party’s gender, ethnic origin, nationality, age, and/or other personal information. As such, the Second Party acknowledges and agrees that the submission of such information is voluntary on your part. Further, the Second Party acknowledges, consents and agrees that the First Party may access, preserve, and disclose the former’s registration and any other information it provided if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the First Party’s opinion.

16. Cookies

As discussed in our Privacy Policy & Terms and Conditions:

The Site uses "cookies" and other tracking technologies. Cookies enables the First Party to serve secure pages to users without asking to sign in repeatedly. Most browsers allows anyone to control cookies, including whether or not to accept them and how to remove them. If a user’ system is idle for a defined time, the cookie will expire, forcing the user to sign in again to continue their session. This prevents unauthorized access to the user’ information while they are away from their computer.

The Second Party may set most browsers to notify him or her if a cookie has been received, or may choose to block cookies with his or her browser. However, if the Second Party chooses to erase or block cookies, he or she will need to re-enter the original user ID and password to gain access to certain parts and features of the Site.

17. Amendments

The First Party reserves the right, in its sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, the First Party may opt to post a notice on the Site that we have changed this terms and conditions in the Agreement has been changed, modified, or updated. If the Second Party has an account on https://www.zipmatch.com, the First Party may (but are not required to) provide the Second Party with a Notice via the email address on file that the latter had changed this Agreement.

The First Party is not responsible if:

a. Any email notice gets caught by the Second Party’s SPAM filter and the latter do not see it;

b. If the Second Party has provided the wrong email address (or failed to update the email address) on file, or;

c. If there are other communication issues that prevent the notification e-mail from reaching the Second Party.

Therefore, the First Party encourages the Second Party to frequently visit this page periodically to monitor any changes. The Second Party’s continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.

The First Party may also, in the future, offer new services and/or features through the Site (including the release of new tools, products, content and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.

18. Miscellaneous

a. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

b. If the First Party fails to enforce any of this Agreement, it will not be considered a waiver.

c. Any amendment to or waiver of this Agreement must be made in writing and signed by the First Party.

d. The Second Party will not transfer any of its rights or obligations under this Agreement to anyone else without the First Party’s prior written consent.

e. All of the First Party’s rights and obligations under this Agreement are freely assignable by the First Party in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

f. This Agreement does not confer any third-party beneficiary rights.

g. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.