ZapWorks User Agreement

Last updated: 18th December 2019


 

Hobby Plans

Subject to you meeting our eligibility requirements, registering with us and paying any fees

chargeable on your account Zappar Limited (“Zappar”, “we”, or “us”) grants you the personal,

non-exclusive, non-transferrable and limited right to access and use ZapWorks subject to the terms and conditions contained in this User Agreement and our General Terms of Use for ZapWorks https://zap.works/terms/ (the “Terms of Use”) which are incorporated into and form part of this User Agreement. 

 

You should also take time to read the following important policy documents which relate to your use of ZapWorks: 

 

 

These policies can be accessed and viewed by following the above links and are referred to below as the “ZapWorks Policies”.

 

PLEASE READ THIS USER AGREEMENT AND THE ZAPWORKS POLICIES CAREFULLY BEFORE REGISTERING FOR, ACCESSING AND/OR USING ZAPWORKS. YOU SHOULD ALSO REVIEW OUR ZAPWORKS USER DOCUMENTATION PUBLISHED AT HTTPS://DOCS.ZAP.WORKS/ 

 

ZAPWORKS AND ALL OF ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, TRADEMARK RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH ZAPWORKS IS LICENSED TO YOU SOLELY FOR USE UNDER THIS USER AGREEMENT DURING THE SUBSCRIPTION TERM; NOT SOLD TO YOU. BY REGISTERING FOR, ACCESSING OR OTHERWISE USING ZAPWORKS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE ZAPWORKS. THIS USER AGREEMENT CONSTITUES A LEGAL CONTRACT BETWEEN YOU AND ZAPPAR LIMITED FOR THE PROVISION OF ZAPWORKS. THIS USER AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING YOU MAY HAVE HAD WITH ZAPPAR RELATING TO ZAPWORKS.

 

Summary of terms of service

 

The following summarises some of the key terms and conditions which apply to your use of ZapWorks. The summary is not exhaustive and is not a substitute for reading the full versions of the Terms of Use and ZapWorks Policies. All prices mentioned below are exclusive of VAT and other sales taxes, and are subject to change.

 

1. Defined terms

All defined terms used in this User Agreement have the meaning given to such terms in the Terms of Use unless otherwise defined herein.

 

2. Data protection and cookies

When you sign up to use ZapWorks we may collect personal information from you, e.g. name, postal address, email address, date of birth and payment details. This information will be used to set you up as a user, administer your plan and provide you with access to the features and functionality of ZapWorks. ZapWorks also uses cookies and similar technologies to enable the services to function properly and for analytics. Further details about how Zappar will use your personal information and cookies can be found in the Privacy Notice and Cookie Notice published on the ZapWorks website.

 

3. Restrictions on use and user content

Your use of ZapWorks must be within the scope of the terms of access set out in Section 6.1 of the Terms of Use and is subject to the restrictions set out in Section 6.3 of the Terms of Use. Your use of ZapWorks is also subject to a Fair Use Policy which you can find at Section 14 of the Terms of Use. Hobby users must not use ZapWorks for any commercial, trade or professional purposes whatsoever.

 

ZapWorks allows users to connect their content to Content Triggers, e.g. zapcodes This means content connected to a Content Trigger is publicly available for viewing by users of the associated mobile application or WebAR who activate your Content Trigger. We therefore require all users of ZapWorks to comply with the rules for submission of content set out at Sections 9, 10 and 11 of the Terms of Use.

 

4. Duration

Your ZapWorks Hobby plan (and right to use the Services) will continue unless and until either of us ends your subscription early as provided for in Section 16 of the Terms of Use. Please note, however, that Content Triggers not used for more than 12 months are liable to be deactivated.

 

Hobby users can cancel their plan at any time. Please be aware that your Content Triggers and ZapWorks Projects will be disabled upon cancellation of your plan. In line with our refund policy, Hobby users cancelling their plan will not receive any refund of any fees paid. This does not affect your statutory rights as a consumer (see below).

 

5. THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013

The supply of a zapcode is a supply of “digital content” for the purposes of the right to cancel provided for in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (referred to below as the “Contract Regulations”).

 

You agree to Zappar supplying you with access to your zapcodes and other digital content provided with ZapWorks before the end of the cancellation period provided for in regulation 30(1) of the Contract Regulations and you acknowledge that as a consequence the right to cancel the User Agreement under regulation 29(1) of the Contract Regulations will be lost.

 

6. Payment

Provided your use is for non-commercial purposes, no subscription or license fees are payable by Hobby users who use ZapWorks. You get a set number of ZapWorks Projects for free and can choose to purchase additional ZapWorks Projects.

 

7. DISCLAIMERS, EXCLUSION AND LIMITATION OF LIABILITY

YOUR USE OF ZAPWORKS IS SUBJECT TO CERTAIN SERVICE DISCLAIMERS THAT ARE CONTAINED IN SECTION 22 OF THE TERMS OF USE. THE TERMS OF USE ALSO CONTAIN PROVISIONS WHICH EXCLUDE OUR LIABILITY TO YOU FOR CERTAIN TYPES OF ECONOMIC AND CONSEQUENTIAL LOSSES AND PLACE A CAP ON OUR OVERALL LIABILITY TO USERS OF THE SERVICE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE CONTAINED IN SECTION 23 OF THE TERMS OF USE.

 

YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THE ABOVE AND YOUR ATTENTION IS DRAWN TO THE FOLLOWING NOTICES:

 

ON-LINE SERVICES

The Consumer Rights Act 2015 says:

 

 

DIGITAL CONTENT

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

 

 

This is a summary of your key rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or (within the UK) call 03454 04 05 06.

 

8. Governing law and choice of jurisdiction

Please see Section 27 of the Terms of Use for the law and legal jurisdiction which governs your use of ZapWorks.

 

9. Contact details and VAT registration

ZapWorks is owned and operated by Zappar Limited a company registered in Scotland with company number SC394617. The Company’s registered office address is The Cairn, Auchterarder, Perthshire PH3 1NR, United Kingdom. The Company is VAT registered in the United Kingdom and our VAT registration number is GB 108 3635 25. If you have any queries or complaints concerning ZapWorks we can be contacted at the following addresses:

 

Postal address: Zappar, Barley Mow Centre, 10 Barley Mow Passage, London, W4 4PH, United Kingdom. Email address: contact@zappar.com



 

Business and Educator Plans

This User Agreement applies to those with a Business Plan for ZapWorks, or an Educator plan for ZapWorks. If you have a signed written agreement with Zappar for the provision of ZapWorks the terms of that agreement shall prevail except to the extent expressly provided for in that agreement. 

 

Subject to you meeting our eligibility requirements, registering with us and paying the fees chargeable on your Business Plan or Educator plan (as applicable) Zappar Limited (“Zappar”, “we”, or “us”) grants you the personal, non-exclusive, non-transferrable and limited right to permit your Authorised Users to access and use ZapWorks during the subscription term subject to the terms and conditions contained in this User Agreement, our General Terms of Use for ZapWorks https://zap.works/terms/ (the “Terms of Use”) and the ZapWorks Data Processing Addendum https://zap.works/dpa/ which are incorporated into and form part of this User Agreement. 

 

You should also take time to read the following important policy documents which relate to your use of ZapWorks: 

 

These policies can be accessed and viewed by following the above links and are referred to below as the “Supplementary Documents”.

 

PLEASE READ THIS USER AGREEMENT AND THE SUPPLEMENTARY DOCUMENTS CAREFULLY BEFORE REGISTERING FOR, ACCESSING AND/OR USING ZAPWORKS. YOU SHOULD ALSO REVIEW OUR ZAPWORKS USER DOCUMENTATION PUBLISHED AT HTTPS://DOCS.ZAP.WORKS/

 

ZAPWORKS AND ALL OF ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, TRADEMARK RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH ZAPWORKS IS LICENSED TO YOU SOLELY FOR USE UNDER THIS USER AGREEMENT DURING THE SUBSCRIPTION TERM; NOT SOLD TO YOU. BY REGISTERING FOR, ACCESSING OR OTHERWISE USING ZAPWORKS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE ZAPWORKS. THIS USER AGREEMENT CONSTITUES A LEGAL CONTRACT BETWEEN (1) THE REGISTERED ACCOUNT HOLDER AND (2) ZAPPAR LIMITED FOR THE PROVISION OF ZAPWORKS. THIS USER AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING YOU MAY HAVE HAD WITH ZAPPAR RELATING TO ZAPWORKS.

 

Summary of terms of service

 

The following summarises some of the key terms and conditions which apply to your use of ZapWorks. The summary is not exhaustive and is not a substitute for reading the full versions of the Terms of Use and Supplementary Documents. All prices mentioned below are exclusive of VAT and other sales taxes, and are subject to change.

 

1. Defined terms

All defined terms used in this User Agreement have the meaning given to such terms in the Terms of Use unless otherwise defined herein.

 

2. Data protection and cookies

When you sign up to use ZapWorks we may collect personal information from you and your Authorised Users, e.g. name, postal address, email address, date of birth and payment details.

This information will be used to set up your plan, administer your plan and provide your Authorised Users with access to the features and functionality of ZapWorks.

ZapWorks also uses cookies and similar technologies to enable the services to function properly and for analytics. Further details about how Zappar will use your personal information and cookies can be found in the Privacy Notice and Cookie Notice published on the ZapWorks website.

 

3. Logins and Authorised Users

Each Login included with your ZapWorks plan or purchased by you represents a single-user licence permitting one individual (a “member”) within your entity chosen by you to access and use ZapWorks in accordance with the access rights assigned to that Login.

 

In relation to your Authorised Users, you undertake that:

 

You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, ZapWorks through your ZapWorks Account and, in the event you become aware of any such unauthorised access or use, you shall promptly notify us.

 

In the case of corporate entities, the rights provided in this User Agreement are granted to the registered workspace holder only and shall not be considered granted to any subsidiary, holding company or affiliate of the registered workspace holder.

 

4. Restrictions on use and User Content

Your use of ZapWorks must be within the scope of the terms of access set out in Section 6.1 of the Terms of Use and is subject to the restrictions set out in Clause 6.3 of the Terms of Use. Your use of ZapWorks is also subject to a Fair Use Policy which you can find at Section 14 of the Terms of Use. BUSINESS USERS INTENDING TO CONNECT YOUR CODE AND/OR ZAPWORKS PROJECT TO MORE THAN 10,000 UNITS OR COPIES OF A PRODUCT OR OTHER ITEM SUCH AS MARKETING COLLATERAL MUST CONTACT US FIRST AS SUCH USE WILL CONTRAVENE OUR FAIR USE POLICY AND INCUR ADDITIONAL CHARGES.

 

ZapWorks allows users to connect their content to Content Triggers, e.g. zapcodes. This means content connected to a Content Trigger is publicly available for viewing by users of the associated mobile application or WebAR who activate your Content Trigger. We therefore require all users of ZapWorks to comply with the rules for submission of content set out at Sections 9, 10 and 11 of the Terms of Use.

 

5. Subscription term

ZapWorks plans/ subscriptions will continue in force unless and until either of us ends your subscription early as provided for in Section 16 of the Terms of Use. All ZapWorks plans will automatically renew at the end of the billing cycle, unless the Account Holder gives notice to Zappar to cancel the plan before their subscription renews. 

 

In line with our refund policy, Business and Education Users cancelling their plan/ subscription early will not receive any refund of fees paid for the remaining period.

 

Notwithstanding the above, Content Triggers not used for more than 12 months are liable to be deactivated.

 

 

6. Payment

You agree to pay us the applicable fees for your use of ZapWorks, including any Cost per Engagement (CPE) or image look-up charges due on your ZapWorks plan, and that we may charge these fees to your credit, debit or other payment card as and when payment falls due.

 

7. DISCLAIMERS, EXCLUSION AND LIMITATION OF LIABILITY

YOUR USE OF ZAPWORKS IS SUBJECT TO CERTAIN SERVICE DISCLAIMERS THAT ARE CONTAINED IN SECTION 22 OF THE TERMS OF USE. 

 

THE TERMS OF USE ALSO CONTAIN PROVISIONS WHICH EXCLUDE OUR LIABILITY TO YOU FOR CERTAIN TYPES OF ECONOMIC AND CONSEQUENTIAL LOSSES AND PLACE A CAP ON OUR OVERALL LIABILITY TO USERS OF THE SERVICE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE CONTAINED IN SECTION 23 OF THE TERMS OF USE.

 

 

8. Governing law and choice of jurisdiction

Please see Section 27 of the Terms of Use for the law and legal jurisdiction which governs your use of ZapWorks.


 

9. Contact details and VAT registration

ZapWorks is owned and operated by Zappar Limited a company registered in Scotland with company number SC394617. The Company’s registered office address is The Cairn, Auchterarder, Perthshire PH3 1NR, United Kingdom. The Company is VAT registered in the United Kingdom and our VAT registration number is GB 108 3635 25. If you have any queries or complaints concerning ZapWorks we can be contacted at the following addresses:

 

Postal address: Zappar, Barley Mow Centre, 10 Barley Mow Passage, London, W4 4PH, United Kingdom.

Email address: contact@zappar.com