("Agreement") carefully. Your
use of our products and services means you have accepted this Agreement and our
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
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
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
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
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
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
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 firstname.lastname@example.org.
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
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
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
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
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
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
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
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.
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
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 email@example.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
· other condition upon which we need to do
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 firstname.lastname@example.org, 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 email@example.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 December 12, 2021. We
reserve the right to make any changes as appropriate.