Subject to you meeting our eligibility requirements, registering with us and paying any fees chargeable on your account ZAPPAR LIMITED (“ZAPPAR”, “we”, “us”) grants you the personal, non-exclusive, non-transferrable and limited right to access and use our ZAPWORKS services subject to the following legal and policy documents (as amended from time to time) that shall apply to and govern your use of the services:


Documents 2, 3, 4 and 5 of the above list can be accessed and viewed by following the above links. These documents 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 CONSULT ANY USER GUIDELINES FOR THE SERVICES PUBLISHED AT 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 FOR USE UNDER THIS USER AGREEMENT; 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 AND EACH OF THE SUPPLEMENTARY DOCUMENTS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE ZAPWORKS. THIS USER AGREEMENT TOGETHER WITH THE SUPPLEMENTARY DOCUMENTS 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 Supplementary Documents. All prices mentioned below are exclusive of VAT and other sales taxes, and are subject to change.

  1. 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 account and provide you with access to the features and functionality of ZAPWORKS. ZAPWORKS also uses cookies to enable the services to function properly. Further details about how ZAPPAR will use your personal information and cookies can be found in the Privacy Policy and Cookie Notice published on the ZAPWORKS website.

  2. RESTRICTIONS ON USE AND USER CONTENT

    1. 2.1

      Your use of ZAPWORKS must be within the scope of the licence set out in Clause 6.1 of the TOU and is subject to the restrictions set out in Clause 6.2 of the TOU. Your use of ZAPWORKS is also subject to a Fair Use Policy which you can find at Clause 13 of the TOU. Personal Users must not use ZAPWORKS for any commercial, trade or professional purposes whatsoever.

    2. 2.2

      ZAPWORKS allows users to connect content to their zapcodes and to print their zapcodes on just about anything. This means content connected to zapcodes is publicly available for viewing by users of the ZAPPAR mobile application who scan your zapcode. We therefore require all users of ZAPWORKS to comply with the rules for submission of content set out at Clauses 9, 10 and 11 of the TOU.

  3. DURATION

    1. 3.1

      Your right to use ZAPWORKS will continue unless and until either of us ends your subscription early as provided for in Clause 15 of the TOU. Please note, however, that zapcodes not zapped for over 12 months are liable to be deactivated.

    2. 3.2

      Personal Users can cancel their account at any time. Please be aware that your zapcodes and content will be disabled upon cancellation of your account. In line with our refund policy, Personal Users cancelling their account will not receive any refund of any fees paid. This does not affect your statutory rights as a consumer (see below).

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

    1. 4.1

      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 be below as the “Contract Regulations”).

    2. 4.2

      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.

  5. PAYMENT

    1. 5.1

      Provided your use is for non-commercial purposes, no subscription fees are payable by Personal Users who use ZAPWORKS. You get your first zapcode free and then can choose to pay for additional zapcodes.

  6. DISCLAIMERS, EXCLUSION AND LIMITATION OF LIABILITY

    1. 6.1

      Your use of ZAPWORKS is subject to certain service disclaimers that are set out at Clauses 19.3 to 19.8 (inclusive) of the TOU.

    2. 6.2

      THE TOU ALSO CONTAIN PROVISIONS WHICH EXCLUDE OUR LIABILITY TO YOU FOR CERTAIN TYPES OF ECONOMIC AND CONSEQUENTIONAL LOSSES AND PLACE A CAP ON OUR OVERALL LIABILITY TO USERS OF THE SERVICE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE CONTAINED IN CLAUSES 19.9 AND 19.10 OF THE TOU.

    3. 6.3

      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:

      • you can ask us to repeat or fix the ZAPWORKS service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it

      • if a price hasn’t been agreed upfront, what you're asked to pay must be reasonable

      • if a time hasn’t been agreed upfront, the service must be carried out within a reasonable time

      DIGITAL CONTENT

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

      • if your digital content is faulty, you're entitled to a repair or a replacement

      • if the fault can't be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back

      • if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

      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.

  7. GOVERNING LAW AND CHOICE OF JURISDICTION

    Please see Clause 23 of the TOU for information on the law and jurisdiction which governs your use of ZAPWORKS.

  8. CONTACT DETAILS

    ZAPWORKS is owned and operated by ZAPPAR LIMITED a company incorporated and 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 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
    Chiswick
    London W4 4PH
    United Kingdom


    Email address

    contact@zappar.com




Subject to you meeting our eligibility requirements, registering with us and paying the fees chargeable on your account ZAPPAR LIMITED (“ZAPPAR”, “we”, “us”) grants you the personal, non-exclusive, non-transferrable and limited right to permit your Authorised Users to access and use our ZAPWORKS services during the subscription term subject to the following legal and policy documents (as amended from time to time) that shall apply to and govern your use of the service:


Documents 2, 3, 4 and 5 of the above list can be accessed and viewed by following the above links. These documents 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 CONSULT ANY USER GUIDELINES FOR THE SERVICE PUBLISHED AT 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 FOR USE UNDER THIS USER AGREEMENT; 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 AND EACH OF THE SUPPLEMENTARY DOCUMENTS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE ZAPWORKS. THIS USER AGREEMENT TOGETHER WITH THE SUPPLEMENTARY DOCUMENTS CONSTITUES A LEGAL CONTRACT BETWEEN (1) THE NAMED 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 Supplementary Documents. All prices mentioned below are exclusive of VAT and other sales taxes, and are subject to change.

  1. 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 account, administer your account and provide your Authorised Users with access to the features and functionality of ZAPWORKS. ZAPWORKS also uses cookies to enable the services to function properly. Further details about how ZAPPAR will use your personal information and cookies can be found in the Privacy Policy and Cookie Notice published on the ZAPWORKS website.

  2. SEATS AND AUTHORISED USERS

    1. 2.1

      Each Seat purchased by you represents a single-user licence permitting one individual within your entity chosen by you to access and use the applicable version of ZAPWORKS, i.e. the Basic or Pro version.

    2. 2.2

      In relation to your Authorised Users, you undertake that:

      1. (a)   your Authorised Users will comply with the TOU at all times during the subscription term;

      2. (b)   the maximum number of Authorised Users that you authorise to access and use the relevant version of ZAPWORKS shall not exceed the number of Seats you have purchased;

      3. (c)   you will not allow or suffer any Seat to be used by more than one individual Authorised User unless it has been re-assigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use ZAPWORKS;

      4. (d)   if you are an Education User you will not allow anyone under 13 years old to use ZAPWORKS without parental consent;

      5. (e)   each Authorised User will keep a secure password for their use of ZAPWORKS and each Authorised User will keep their password confidential; and

      6. (f)   you will permit ZAPPAR to audit and monitor all use of ZAPWORKS through your account in order to establish compliance with this User Agreement and, if it comes to ZAPPAR’s attention that you have underpaid the subscription fees due to ZAPPAR, you shall pay ZAPPAR an amount equal to the underpayment within five days of demand.

    3. 2.3

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

    4. 2.4

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

  3. RESTRICTIONS ON USE AND USER CONTENT

    1. 3.1

      Your use of ZAPWORKS must be within the scope of the licence set out in Clause 6.1 of the TOU and is subject to the restrictions set out in Clause 6.2 of the TOU. Your use of ZAPWORKS is also subject to a Fair Use Policy which you can find at Clause 13 of the TOU. Business Users intending to print zapcodes on more than 10,000 units of a product must contact us first as such use may conflict with our Fair Use Policy, and incur additional charges.

    2. 3.2

      ZAPWORKS allows users to connect content to their zapcodes and to print their zapcodes on just about anything. This means content connected to zapcodes is publicly available for viewing by users of the ZAPPAR mobile application who scan your zapcode. We therefore require all users of ZAPWORKS to comply with the rules for submission of content set out at Clauses 9, 10 and 11 of the TOU.

  4. SUBSCRIPTION TERM

    1. 4.1

      Your right to use ZAPWORKS will continue for so long as you pay your annual or monthly subscription fees unless either of us ends your subscription early as provided for in Clause 15 of the TOU. Please note, however, that zapcodes not zapped for over 12 months are liable to be deactivated.

    2. 4.2

      Business and Education Users can cancel their entire account or an individual Seat at any time. If you cancel your account, all Seats will be deactivated and you will no longer have any access to the Services. If you cancel a Seat you will be charged for the remainder of the billing cycle (annual or monthly) that you are currently in and the Seat will be disabled at the end of the current billing cycle. In line with our refund policy, Business and Education Users cancelling their account and/or seat(s) will not receive any refund of fees paid.

  5. PAYMENT

    1. 5.1

      You agree to pay us the annual or monthly subscription fees applicable to the number and type of Seats active on your account and that we may charge these fees to your credit, debit or other payment card as and when payment falls due.

  6. DISCLAIMERS, EXCLUSION AND LIMITATION OF LIABILITY

    1. 6.1

      Your use of ZAPWORKS is subject to certain service disclaimers that are set out at Clauses 19.3 to 19.8 (inclusive) of the TOU.

    2. 6.2

      THE TOU ALSO CONTAIN PROVISIONS WHICH EXCLUDE OUR LIABILITY TO YOU FOR CERTAIN TYPES OF ECONOMIC AND CONSEQUENTIONAL LOSSES AND PLACE A CAP ON OUR OVERALL LIABILITY TO USERS OF THE SERVICE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE CONTAINED IN CLAUSES 19.9 AND 19.10 OF THE TOU.

  7. GOVERNING LAW AND CHOICE OF JURISDICTION

    Please see Clause 23 of the TOU for information on the law and jurisdiction which governs your use of ZAPWORKS.

  8. CONTACT DETAILS

    ZAPWORKS is owned and operated by ZAPPAR LIMITED a company incorporated and 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 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
    Chiswick
    London W4 4PH
    United Kingdom


    Email address

    contact@zappar.com




Last Updated: July 2017