Terms of use

TERMS OF USE AGREEMENT

1. INTRODUCTION

Acceptance

Please read the following Terms of Use ("Agreement") carefully. Your use of our products and services means you have accepted this Agreement and our privacy policy. If you do not agree, please do not use our products and services, access our website or app. This Agreement is effective from 1 Aug 2020 and applies to all existing and future users of our products and services.

“We” and “Us” means Zapkad Pte Ltd, with its registered office in Singapore.

"You" refers to the users of Our Product.

"Our Product" refers to www.zapkad.com, Zapkad app on Apple App Store and Google Play Store, Zapkad account you register through our app or website and all products and services made available after you sign in your ZAPKAD account. They could be provided by our company and/or our branches, affiliates, vendors or partners across the globe in connection with Our Product.

"Zapkad" refers to our software with functions of digital business card, personal profiles, contact information, business card recognition, newsfeeds, QR scanning, cloud storage, concierge, administration, application programming interfaces (APIs) and relevant internet-based value-added services. We provide the above-mentioned services through free or paid software.

We only provide you the software and service as tools. Before using Our Product to upload information to Zapkad, please respect legal rights of others such as intellectual property, personal data and privacy rights, and ensure you are authorised to copy, amend and upload the information. If you upload or publish the information without permission, you may infringe legal rights of others and be legally liable for it.

For your reference, the data protection provisions in the Singapore PDPA generally do not apply to business contact information. This refers to an individual’s name, position name or title, business telephone number, business address, business electronic mail address or business fax number and any other similar information about the individual, not provided by the individual solely for his or her personal purposes. The Personal Data Protection Commission may change the provisions from time to time, and we recommend you read the latest guidelines before uploading any information to ZAPKAD.

https://www.pdpc.gov.sg/Overview-of-PDPA/The-Legislation/Personal-Data-Protection-Act

We have the right to amend the provisions of this Agreement from time to time subject to the change of laws and business needs. If such amendments result in material reduction of your rights under this Agreement, before the amendments come into effect, we will notify you via reminder from Our Product, website or email. Your continuous use of Our Product will be deemed as your acceptance of such updates.

2. SCOPE OF SOFTWARE LICENSE AND SERVICE

We hereby grant You a limited, personal, non-exclusive and non-transferable license to install and use Our Product on your personal devices, office devices and other computer systems for non-commercial purposes.

3.PAID SERVICE

You may need to pay for some services of Our Product before you can use them. For paid service, we will obtain your consent before payment collection.

We could make changes about payment terms and methods in order to improve our business model and processes. Some free services may become paid services in the future and prices of Our Product may change from time to time. If the fee is not paid in full on time, you will no longer be able to use the service. We will communicate any changes via Our Product, website or email during a period of time before you use the relevant services. We offer price promotions of our paid services periodically and will not refund any payment made if you have paid for the services before the promotion was launched.

We may offer You a free trial period of our Paid Services, solely at our discretion and shall be specified during sign up. Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device linked to an already existing account. Billing may automatically commence at the end the free trial period, without prior notice, as per the Paid service chosen by you unless You cancel your subscription prior to the end of your free trial. We (or our third party payment processor) will begin charging your payment method on a recurring basis for the Paid Service (plus any applicable taxes and other charges) until You cancel the service.

Once billing commences, we will continue to bill your payment method for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.

4. REGISTRATION AND ACCOUNT SECURITY

In order to use Our Product, you will be required to create a Zapkad account. Please keep the password of your Zapkad account secured. You agree to bear full responsibility for any and all the activities under your Zapkad account. In order to keep your Zapkad account secured, you should take certain measures including but not limited to safekeeping your password, installing anti-virus software, changing your password regularly and logging out safely after use. If your account or password is stolen, you shall assume full responsibility for all the consequences unless you can prove that it is caused by our intentional act or gross negligence.

If you learn of any unauthorized use of your Zapkad account, please contact us immediately at info@zapkad.com.

5. PRIVACY AND PERSONAL INFORMATION

You agree that you will not create a false identity on Our Product, misrepresent your identity, or attempt to use another’s account.

We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable laws. We will always safeguard your personal information by collecting data only for specific, legitimate purposes and retaining it only as long as is necessary for those purposes. In the settings of Zapkad, you can control display of certain information such as visibility of your profile to everyone and your relations with other contacts. Please read our Privacy Policy which specifies the way we collect and use your personal information.

You understand and undertake that you will fully respect any other persons’ privacy that you have access to from the information of other users and you will fully respect any other persons’ privacy in the information you upload. If you obtain, use, sell or spread other’s personal information in bad faith, or infringe other’s privacy in any other way (including but not limited to harassment), we will be entitled to at any time unilaterally restrict or terminate your account and demand you to bear legal liabilities.

6. LEVEL OF SERVICE

We try our best to meet your needs and ensure the consistency and security of our services. We shall have no obligation to monitor and preserve the information registered by You and shall not take any responsibility relating to the legality, morality, credibility, or accuracy of the information registered by our users, or the conformity to the internal rules and regulations of the corporate body or the other entity to which our users belong.

We shall not guarantee our product features, suitability to certain purposes, integrity, accuracy, usefulness, legality, availability with regard to the contents of the Agreement, the information and functions accessible through Our Product. We shall give no guarantee, upon providing our Product, relating to the processing speed, quality, languages, etc. with regard to the text and image data conversion of business cards. You hereby acknowledge and confirm that you use Our Product at your own risk, except as otherwise provided by law.

We do not promise to permanently store or keep showing any information and content that you have posted. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide.

Our Product may be updated from time to time. You may at your own discretion decide whether to accept the updates or not. We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.

We may change, suspend or discontinue any of our services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

We are accessible worldwide, but not all features, products or services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or considered appropriate or available for use outside Singapore. Any offer for any feature, product or service on our Product is void where prohibited. You are solely responsible for complying with applicable local laws.

7. INFORMATION PUSH AND THIRD PARTY SERVICES

You agree that you may receive information pushed out when using Our Product that include updates of Our Product and information of third party’s products or services that may be helpful to you. You should make your own judgment on authenticity of the content and be responsible for your own judgment and act. We are not liable in any way for any loss or damage borne by you due to the content provided by way of such information. We do not bear any direct or indirect liability for any problem of personal information protection that happens in your using third party services or loss caused therefrom and the problem or loss should be borne by you and/or relevant liable party.

8. CONTENT GENERATED BY YOU

You own the content and information that you upload to our Product, and you are only granting us and our affiliates a worldwide, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right, under all copyright, trademark, patent, trade secret, publicity, privacy and other proprietary or intellectual property rights to use, copy, modify, publish, broadcast, display and distribute them in any media without any further consent, notice and/or compensation to you or others. You can end this license for specific content by deleting such content from our Product, or by closing your account, except to the extent you shared it with others as part of the Product and they copied, re-shared it or stored it. We have the right, without payment to you or others, to serve ads near your content and information. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression. You represent and warrant that you have all rights to the images and content as are necessary to grant the above rights to us. Do not upload any information you consider to be proprietary.

9. INFORMATION STORAGE

You acknowledge and agree that the information generated during your use of Our Product may be stored and processed by Us or our affiliates or service providers through their servers. As Our Product can be downloaded and used by users worldwide, the servers may be located outside of Singapore based on the need of providing the service, in compliance with laws and regulations.

While we will take necessary measures to store and protect your information and business cards, you should backup all your information and business cards on your own. We shall not be responsible for business card images and other information that may be lost on our Product or servers.

10. CODE OF CONDUCT FOR USERS

You shall abide by local laws and regulations during your use of Our Product, and you shall not:

· violate any Singapore laws and acts, third party rights, or any of our policies

· produce, duplicate, publicize or release sensitive information, illegal information or any information or material which a normal person considers immoral

· use our Product to carry out any acts which may adversely affect normal operation of the Internet

· falsify facts maliciously, or concealing truth to mislead and deceive others

· post false, inaccurate, misleading, defamatory, or libelous content about us or any of our users

· harass any of our users or their contacts

· use any robot or spider technology or place viruses on our Product

· copy, modify, or distribute content from our Product or place restricted material on our Product

· conduct any reverse engineering, disassembling or de-compilation against our Product or otherwise attempting to find the source code of Our Product;

· gain illegal access to or abuse other user’s account or information contained in such account

· use, lease, reproduce the information and content stored on Our Product for commercial purpose

· harvest or otherwise collect information about users, including email addresses, without their consent; or

· use our site or its contents for any other purpose or activity without written consent from us

If you conduct any of the foregoing acts, you should solely undertake related liabilities and we are not liable. If any damage is thus caused, you should make compensation according to law, and we reserve the rights of recovery of losses and demand of compensation according to law.

You agree to indemnify and hold Us harmless from and against any losses incurred to Us arising from your violation of these Terms of Use, including but not limited to any claims of, demands or losses made by any third party arising from or resulting from your acts, and our necessary expenses of dealing with related matters, such as attorney’s fee.

11. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that We possess any and all the lawful rights and interests of Our Product, including any intellectual property rights involved in the software and service.

The copyright, patents, trademarks, registered designs and all intellectual property rights shall vest in and remain with Us. The trademarks, logos and service marks ("Marks") displayed on our Product are expressly reserved by us or relevant third parties. You are not permitted to use any Marks without our prior written consent. We will aggressively enforce their intellectual property rights to the fullest extent of the law. The name or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission from us. The domain name on which the site is hosted is the sole property of Us and you may not use or otherwise adopt a similar name for your own use.

Unless you have otherwise reached written agreement with Us, this Agreement does not authorise you to use name of software, trademark, service mark, logo, domain name or any other sign with distinctive brand feature relating to Us.

12. LINKED SITES AND THIRD PARTY CONTENT

We may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. We have no control over, and are not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.

You acknowledge that We have no obligation to pre-screen information, data, text, music, sound, photographs, videos and other materials available on and by third parties although We reserve the right to pre-screen, refuse or remove any Third Party Content. We shall have the right to remove any Third Party Content that violates the Terms of use or is otherwise objectionable.

13. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on Our Product or information provided by our third parties are not accurate, complete or current. The material on Our Product is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on Our Product is at your own risk.

This site may contain certain historical information that is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

14. DISCLAIMER AND LIMIT OF LIABILITY

We make no representation or warranty about Our Product, including any representation that Our Product will be uninterrupted or error-free, and provide the services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable laws, We disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

You agree to indemnify and hold Us harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against us by any third party due to or arising out of or in connection with your use of our Product or violation of any the Terms of Use.

To the fullest extent permitted by law (and unless We entered into a separate written agreement that overrides this contract), We will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages. We will not be liable to you in connection with this contract for any amount that exceeds (a) total fees you paid to us in the 6 months prior to the action, if any, or (b) $100.

You fully understand that Our Product will involve Internet services and may encounter various risks such as force majeure which may cause the suspension of relevant services. We will use our best efforts to conduct timely repair, howsoever you shall be solely responsible for all losses incurred thereby, and we are not liable for the losses. We will not provide any guaranty of any kind for any unpredictable or uncontrollable technical defect in the product, service stability and any losses or damages thereby caused, unless otherwise required by law or regulation.

We will not be directly or indirectly liable if there is any direct or indirect loss incurred during the period when Our Product is not available for normal use.

You may experience disputes of any nature with other users or third parties. In this event you agree to release Us, our officers, directors, agents, employees and representatives from any claims, demands, actions, losses, damages of every kind and nature. This also covers any disputes you may have with non-users and third parties as a result of content or services used by You on Our Product.

15. TERMINATION

Both You or Us may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use our Product. The following shall survive termination:

· our rights to use and disclose your feedback;

· users’ rights to further re-share content and information you shared on our Product;

· any amounts owed by either party prior to termination remain owed after termination.

You may stop using Our Product at any time. If you want to cancel your account, please contact us at info@zapkad.com. We will respond as soon as possible within reasonable period.

You agree that we may, without prior notice, suspend or terminate the services if:

· the personal information you provide is inaccurate, fake or illegal/valid;

· you are in breach of this Agreement;

· you fail to make sufficient payment to Us (if applicable);

· other condition upon which we need to do so.

If your account without subscription of any paid service is not in use in successive twelve months, we reserve the right to terminate the account in order to avoid any waste of resources. We will notify you on your continuous status of not signing in your account and notify you that if you do not sign in within the following one month, we will terminate the account for use. The losses (including but not limited to loss of information) incurred therefrom should be borne by yourself.

The account will be cancelled upon termination of our service. We, subject to law and regulation, reserve the right to completely delete all information in your account, and we shall no longer undertake obligation to you.

16. GOVERNING LAW AND JURISDICTION

All matters relating to your access to, or use of, our Product and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

If you have any comments on our services or the Terms of Use, you may contact us at info@zapkad.com, and we will use our best efforts to provide you with timely and necessary assistance.

17. RESOLUTION OF DISPUTES

If a dispute arises between you and Us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

18. NOTIFICATION OF INFRINGEMENT

We reserve the right to investigate notices of copyright, trademark and other intellectual property infringement in respect of our Product, user content and other material and take appropriate action. If you believe that your work has been used or copied in a way that constitutes infringement and such infringement is occurring on our Product, please email info@zapkad.com the infringement information prescribed by the Singapore Copyright Act (Cap. 63).

We will duly consider all infringement notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any infringing material, unless you have first given us the infringement notice and sufficient opportunity to remove the infringing material, and thereafter if we refuses or fails to remove the infringing material within a reasonable time. Where we remove the infringing material in response to your infringement notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any infringing material appearing on Our Product prior to such removal by us. You acknowledge and agree that We have no control and cannot undertake responsibility or liability in respect of infringing material appearing on Linked Sites or other third party sites.

This document was last updated on 1 Aug 2020. We reserve the right to make any changes as appropriate.