Facilities and Guests
- We are not responsible for the Facilities, their condition, quality, suitability and safety for Guests, the legality of selling tee times to Guests, the maintenance of Facilities – the Customer is. We are also not responsible for thefts, at or to the Facilities, or any other conduct or misconduct taking place in the Facilities.
- We are not responsible for the Customer’s policies regarding Guests’ use of the Facility, and the legality of the policies that the Customer establishes – the Customer is.
- We are not responsible for the Customer’s insurance coverage such as for damage to Facility and Guest injuries.
- We are not responsible for the Customer’s cancellation and refund policy for Guests or prospective Guests – the Customer is
- We are also not responsible for the actions of the Customer’s Guests or prospective Guests, be it with respect to the conduct they engage in in the Properties, their failure to pay or settle amounts due, the reviews they (or anyone else) post, or any other aspect of their dealings with the Customer.
- We are not responsible for any injuries that Guests or other third parties sustain on the Facility.
- We are not a party to any engagements, transactions or dealings between the Customer and its Guests.
- We are not an agent or broker, a travel agent, nor are we a provider of travel services.
- We do not guarantee that the Customer will sell tee times at all time or at all, we do not guarantee any expected business outcomes or earnings from using the Zest Platform.
- Zest does its best to have backups and provide uptime 24/7. The availability, quality, and functionality of the Zest Platform and Add-on Services depend on various factors, including software, hardware, communication networks, which are provided by third parties. These factors are not fault-free. We do not guarantee that the Zest Platform or add-on Services will operate without disruption, errors or interruptions, or that they will be accessible, or available at all times or immune from errors or glitches. We will not be held liable to the Customer for such eventualities.
- We are not responsible for the conduct and actions that the Admin User or Users engage in on the Account, the Customer is responsible for these actions including changes, deletion and adding costly features
- We are not responsible for any loss of revenue regarding Facilities.
Information, content, and data
- You hereby instruct Zest to process any and all Guests and others personal data elements that you choose to make available to or through the Services or that you otherwise share with Zest in order to provide you with and improve the Services (hereinafter “Personal Data”). When Zest follows these instructions, it is operating as the Data Processor. You are the Data Controller who determines which Personal Data elements are relevant, and based on that analysis you decide in your sole discretion which Personal Data elements to make available to or through the Service or otherwise share with Zest. In these situations, Zest processes the Personal Data on your behalf.
- You also provide permission to Zest to use Sub Processors of personal data to provide you with and improve the Services.
- We are not responsible for the completeness, accuracy, legality or reliability of the data that originates or is imported from Third Party Channels (including Facility listings, reservations, rankings, past guests, communications with guests, etc.).
- We are not responsible for any inaccurate, incorrect, or misleading information that the Customer, the Admin Users or Users provide to Guests or prospective Guests. We are also not responsible for any such information that the Zest Platform provide to Guests or prospective Guests on the basis of information or data that originates from the Customer, Admin Users or Users, Third Party Channels or Third Party Service Providers.
- We are not responsible for any content that the Customer provides, publishes, transmits, displays or otherwise communicates through the Zest Platform and for the consequences associated with doing so – the Customer is.
- Although we use advanced methods to store, backup and maintain the Customer’s Account data we do so as a mere courtesy to the Customer and the Customer remains exclusively responsible for maintaining his or her backups.
Third parties’ services
- We are not responsible for Third-Party Service Providers. We do not screen, endorse or recommend Third Party Service Providers and cannot confirm their professional qualifications, skills, licenses or permits needed for their line of work, or that they are properly covered by insurance.
- We are not responsible for any problems in the Customer’s account on a Third Party Channel, including response rate or the account being locked out. Payments to Third-Party Channels are at the Customer’s cost and responsibility (except in the case of Channel Managers, as explained in the next section).
- Our payment process service is provided by a third party, and it is offered to the Customer on an “as-is” and “as available” basis. We are not responsible for any error or malfunction in such payment process service. You are exclusively responsible for all tax filings and withholdings in connection with the collection of fees made through such payment process service. We may deduct or withhold any amounts collected through the payment process service, to the extent we determine it to be necessary.
- Any and all communications, transactions payments and engagements with Third Party Service Providers, are exclusively between the Customer and the relevant Third Party Service Provider, not us. We are not liable for the foregoing matters and the consequences resulting from them.
Regulation and taxes
- We are not responsible for the Customer’s compliance, or non-compliance, with any and all requirements under any law or regulation regarding Customer’s use of the Zest Platform – the Customer is.
- Zest requires, and you hereby warrant and represent, that any Personal Data you submit to Zest to or through the Services, or during or in connection with your use of the Services, has not been collected, stored, and transferred to Zest in violation of any law, regulation, or contractual obligation applicable to you. You shall have sole responsibility for the accuracy, quality, and legality of the data and the means by which you acquired the Personal Data.
- You shall have sole responsibility for compliance with various data protection regulations including GDPR. You should satisfy the data subjects rights such as modification, transfer, deletion, consent for marketing activities etc. regarding the personal data by using the tools Zest platform provides. Zest should not be liable for any failure of the clients to comply.
- Clients shall conduct their marketing activities with compliance with all laws and regulations on Zest platform and outside. Zest provides the tools to collect online consent from relevant data subjects for marketing activities. Zest should not be liable for any failure of the clients to comply.
- You shall have sole responsibility for compliance with all relevant regulations governing the use and protection of any personal data stored by you outside the Platform. Zest should not be liable for any failure of the clients to comply.
- Our fees do not include VAT or sales tax, or any other tax which may be applicable. If these taxes apply, Customer will be charged accordingly and Customer consents to those charges.
- The Customer is solely responsible for completing and filing all tax forms, declarations and submissions to the tax authorities as required by the tax laws applicable to the Customer and for paying all applicable taxes in connection with the Customer’s Properties and the income the Customer generates from them.