Zuuchlal is an online provider that supports its users to have income/products they wanted and communicate with each other.
Before any use of the system, YOU UNDERSTAND AND AGREE THAT ZUUCHLAL.MN IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PRODUCT OWNERS AND CUSTOMERS.
ZUUCHLAL.MN HAS NO CONTROL OVER THE CONDUCT OF THE OWNERS, CUSTOMERS OF THE WEB SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"ZUUCHLAL.MN Content" : all Content that Zuuchlal.mn makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" : Member Content and Zuuchlal.mn Content.
"Content" : text, graphics, images, music, software , audio, video, information or other materials.
"User/Customer" : a Member who requests from a business/service/product Owner a booking of a service/product via the Site or Services, or a Member who uses a service/product and is not the Owner of the business/item.
"Owner" : a Member who creates a Listing via the Site and Services.
"Listing" : a product/item or a service that is listed by a business/item Owner as available for rental via the Site and Services.
"Member" : a person who completes Zuuchlal.mn's account registration process, including but not limited to Business/product Owners and Users, as described under "Account Registration" below.
"Member Content" : all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site or Services.
When you create a Zuuchlal account ("Zuuchlal.mn account") and to become a member you have to provide us with accurate information. You may not have more than only one active Zuuchlal.mn Account. You are responsible for any activity that occurs on your account, so make sure you have a strong password. Your Zuuchlal account is your unique identity. Don’t let anyone else use your Zuuchlal account.
You can control your User profile and we might email you important messages and information we think you’ll find useful. We will stop sending you promotional materials if you tell us you’re not interested.
In addition to individual member, if you open a Zuuchlal account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
By connecting to Zuuchlal with a third-party social networking sites ("SNS") , we makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement.
You may never use another User’s account without permission.
The users/customers themselves retain the content right to all text, pictures and other content that they create in the service, other rights are not transferred from the users, unless specifically otherwise agreed, therefore, if you as an owner post products under a your account, the owner will own—and be entirely responsible for—all such User Content including text, pictures and other content that they create in the service. The responsibility of the content lies with the user, who has produced it to the service.
The users/customers/members furthermore allow the Zuuchlal.mn to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has products listed on Zuuchlal.mn. Zuuchlal.mn also has the right to remove any material when it deems it necessary.
We have been keeping our best effort in producing the content, products, and services, however, no guarantees of the functioning of the Zuuchlal service are given. We give no warranty or guarantee of any kind that you will experience any specific level of success by using our products and services. The users/customers are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user.
The Removal of a User
Zuuchlal.mn reserves the right to suspend or terminate your Zuuchlal.mn Account and your access to the Site and Services when you create more than one active Zuuchlal.mn Account, also without any specific reason and without being liable for compensation., if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete, Zuuchlal.mn reserves the right to suspend or terminate your Zuuchlal.mn Account and your access to the Site and Services.
Our users/customers living in Mongolia can take legal action in the country national law, therefore, the jurisdiction that is applicable in this service is that in the country, unless something else is required by binding law between countries.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Zuuchlal.mn reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Company does not knowingly collect, either online or offline, personal information from persons under the age of 16. If you are under 16, you may use the Site only with permission of a parent or guardian. The Site and Services are intended solely for users/customers who are 16 or older.
How the Site and Services Work
Bonuses may be offered for new members and feedback is offered for Services where applicable.
It can be described as a collection of products. As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Service/product to be listed, including, but not limited to, the location, capacity, size, features, and availability and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all items must have valid physical addresses. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Listings via the Site and Services based upon the information provided in your Listing. You understand and agree that once a User requests a booking of your service/product, you may not request the User to pay a higher price than in the booking request.
If you are a business/product Owner, you understand and agree that Zuuchlal.mn does not act as an insurer or as your contracting agent. If a User requests a booking and rents/sell out your item, any agreement you enter into with such User is between you and the User and Zuuchlal.mn is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your service/product, such as requiring Members to have a profile picture or verified phone number, in order to book. Any Member wishing to book services/items included in Listings with such requirements must meet these requirements.
If you are a business/product Owner, Zuuchlal.mn makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking. You acknowledge and agree that, as a business/item Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions.
Zuuchlal.mn recommends that business/item Owners obtain appropriate insurance for their products. Please review any insurance policy that you may have for your item carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the User invites to use, if applicable) while renting.
Zuuchlal.mn does not endorse any Member or any item. Members are required by these Terms to provide accurate information, and although Zuuchlal.mn may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
Bookings and Financial Terms for future
"Fees" means the amounts that are due and payable by a User in exchange for that User's result of an Item. The business/product Owner alone, and not Zuuchlal.mn, is responsible for the Fees for his or her Listing.
"User Fees" means the fee that Zuuchlal.mn charges a User for the use of the Services, which may be or is calculated as a percentage of the applicable Fees. The User Fees will be displayed to the User when the User is asked whether to send a booking request to an Owner.
"Owner Fees" means the fee that Zuuchlal.mn charges a business/product Owner for the use of the Services, which is calculated as a percentage of the applicable Fees. The Owner Fees will be displayed to the Owner when the Owner is asked whether to confirm or reject a booking request from a prospective User.
"Service Fees" means collectively the User Fees and the Owner Fees.
"Total Fees" means collectively the Fees and the User Fees plus any Taxes.
Bookings and Financial Terms for Business/product Owners and Users
If you are a business/product Owner and a booking is requested for your product via the Site or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire.
When a booking is requested via the Site or Services, we will share with you
(i) the first and last name of the User who has requested the booking,
(ii) a link to the User's Zuuchlal.mn Account profile page,
(iii) if the User and Owner have both connected their Zuuchlal.mn accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the User on such SNS, and (iv) an indication of whether or not the User has provided other information to Zuuchlal.mn, such as a verified email address, connection to SNSs, or a government ID. When you confirm a booking requested by a User, Zuuchlal.mn will send you an email confirming such booking.
Bookings and Financial Terms for Users
The Owners, not Zuuchlal.mn, are solely responsible for honoring any confirmed bookings and making available any item reserved through the Site and Services. If you, as a User, choose to enter into a transaction with a Owner for the booking of a , you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such imposed by the Owner. You acknowledge and agree that you, and not Zuuchlal.mn, will be responsible for performing the obligations of any such agreements, that Zuuchlal.mn is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Zuuchlal.mn disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Zuuchlal.mn is not a party to the agreement between you and the Owner.
Service Fees in future
In consideration for the use of Zuuchlal.mn online marketplace and platform, Zuuchlal.mn charges the Service Fees. Where applicable, Taxes (such as VAT ) may also be charged in respect of the Owner Fees and User Fees.
Damage to Product
As a User, you are responsible for leaving the Item in the condition it was in when you rented it out. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you provide access to the Item.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you agree that you will not:
• violate any law or regulation;
• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Collective Content;
• access or use our Site, Services or the Zuuchlal.mn to use, expose, or allow to be used or exposed, any Zuuchlal.mn Content:
(i) that is not publicly displayed by Zuuchlal.mn in its search results pages or listing pages before a booking is confirmed;
(iii) in any way that otherwise violates the privacy rights or any other rights of Zuuchlal.mn users or any other third party;
• Use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
• Copy, store or otherwise access or use any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
• Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Zuuchlal.mn User or Owner;
• offer, as a Owner, any that you do not yourself own or have permission to rent out;
• register for more than one Zuuchlal.mn Account or register for an Zuuchlal.mn Account on behalf of an individual other than yourself;
• Contact an Owner for any purpose other than asking a question related to a booking, such Owner's item or Listings;
• Contact a User for any purpose other than asking a question related to a booking or such User's use of the Site and Services;
• recruit or otherwise solicit any Owner or other Member to join third-party services or websites that are competitive to Zuuchlal.mn, without Zuuchlal.mn's prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
• use the Site, Services or Collective Content to find a Owner or User and then complete a booking of a independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Zuuchlal.mn's provision of the Services or for any other reasons;
• as a Owner, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Zuuchlal.mn's name, any Zuuchlal.mn trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Zuuchlal.mn's express written consent;
• access, tamper with, or use non-public areas of the Site or Services, Zuuchlal.mn's computer systems, or the technical delivery systems of Zuuchlal.mn's providers;
• attempt to probe, scan, or test the vulnerability of any Zuuchlal.mn system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Zuuchlal.mn or any of Zuuchlal.mn's providers or any other third party (including another user) to protect the Site, Services, or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
• accept or make a payment for Fees outside Zuuchlal.mn Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Zuuchlal.mn harmless from any liability for such payment.
Zuuchlal.mn has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Zuuchlal.mn may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Zuuchlal.mn or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Zuuchlal.mn, its users, or members of the public. You acknowledge that Zuuchlal.mn has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Zuuchlal.mn reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Zuuchlal.mn, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Zuuchlal.mn a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. Zuuchlal.mn does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Zuuchlal.mn the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Zuuchlal.mn's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Zuuchlal.mn site may contain links to other websites (“Linked Sites”) including social networks. These Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Zuuchlal.mn used herein are trademarks or registered trademarks of Zuuchlal.mn. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us, through the “Contact” section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Zuuchlal.mn and you hereby irrevocably assign to Zuuchlal.mn and agree to irrevocably assign to Zuuchlal.mn all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Zuuchlal.mn's request and expense, you will execute documents and take such further acts as Zuuchlal.mn may reasonably request to assist Zuuchlal.mn to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Zuuchlal.mn respects copyright law and expects its users to do the same. It is Zuuchlal.mn's policy to terminate in appropriate circumstances the Zuuchlal.mn Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and Zuuchlal.mn Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Zuuchlal.mn Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Zuuchlal.mn Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Zuuchlal.mn Account, your Member Content, or receive assistance from Zuuchlal.mn Customer Service, (b) any pending or accepted future bookings as either Owner or User will be immediately terminated, (c) we may communicate to your Users or Owners that a potential or confirmed booking has been cancelled, (d) we may refund your Users in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Users to inform them about potential alternate s with other Owners that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Zuuchlal.mn Account. You may cancel your Zuuchlal.mn Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your Zuuchlal.mn Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ZUUCHLAL.MN DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, USERS AND OWNERS BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ZUUCHLAL.MN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ZUUCHLAL.MN MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY S, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ZUUCHLAL.MN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ITEMS, OWNERS, USERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ZUUCHLAL.MN OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR USERS. YOU UNDERSTAND THAT ZUUCHLAL.MN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW ANY S. ZUUCHLAL.MN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE AND SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, USERS AND OWNERS.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY S VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ZUUCHLAL.MN WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ZUUCHLAL.MN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZUUCHLAL.MN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Zuuchlal.mn and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a , or (iii) creation of a Listing; (d) the use, condition or rental of a by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a .
These Terms constitute the entire and exclusive understanding and agreement between Zuuchlal.mn and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of s made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Zuuchlal.mn and you regarding bookings or listings of s, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Zuuchlal.mn's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Zuuchlal.mn may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Zuuchlal.mn (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of Mongolia.
The failure of Zuuchlal.mn to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Zuuchlal.mn. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
If you have any questions about these Terms please contact Zuuchlal.mn.