Zappar Terms of Use

Last updated: 1 December 2023

 

1. Legal relationship

These Terms of Use which you are currently reading are used by Zappar Limited. Unless we tell you otherwise, the Terms of Use govern your access to and use of our applications, products, services, software and websites, including access to content and functionalities provided by Zappar or by third parties using our technology platform.

By accessing or using the Zappar App, Zapbox App, the Zappar website and/or any other Zappar Services, you agree to be bound by these Terms of Use (as amended from time to time) which constitute a binding legal agreement between you and us.

We reserve the right to change the Terms of Use from time to time at our sole and absolute discretion and your use of the Zappar Services will always be subject to the most current version of the Terms of Use posted on the Zappar Website or available within the Zappar Services at the time of such use. We recommend that you read through the Terms of Use from time to time so that you can be sure that you are aware of the latest version. 

If you breach any of the Terms of Use, your permission to use the Zappar Services automatically and immediately terminates and you must immediately cease use of the Zappar Services and remove any materials downloaded from the Zappar Services from your computer systems and devices.

If you are under the age of 18, you should read these Terms of Use with a parent or legal guardian. If you are under the age of 13, we recommend that you ask their permission to use the Zappar Services and certainly before submitting or sharing any information or content with us or any other user of the Zappar Services, or connecting with any other users of the services.

 

2. Applicability

These Terms of Use apply to your use of those Zappar Services that display or provide an authorised link to the Terms of Use.

The Terms of Use contained within this document do not apply to ZapWorks. ZapWorks users should refer to the specific terms of use provided for this service published at https://zap.works/terms/ 

The Terms of Use contained within this document do not apply to Zapvision. Zapvision users should refer to the specific terms of use provided for this service published at https://www.zappar.com/zapvision-terms/ 

 

 

3. What means what?

In these Terms of Use some of the words we use have capital letters. This is because we have given these words a particular meaning. These words are listed below:

 

“Content” means any and all content made available on or via the Zappar Services. This might include Zaps, animation, mini-games, documents, images, links, sound files, videos, text, and other content.

“Intellectual Property Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered and unregistered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

“Third Party Content” means Content which is owned or controlled by a person other than Zappar, including (a) Content which is created by Zappar for a brand, entertainment franchise or other client and (b) Content which is published on our platform by users of our Zapworks service.

“User Generated Content” means content which a user creates, submits, uploads, posts, links to, displays or shares on or through the Zappar Services. 

“you” means you, the natural person accessing, browsing, downloading or using any Zappar Services.

“Zap” means an augmented, virtual or mixed reality content experience.

“Zapbox App” means any application developed by Zappar for use with our mixed reality kit called ZAPBOX, including all versions of that application published by Zappar. 

“Zappar” or “we” means Zappar Limited, a private limited company incorporated in the United Kingdom and registered in Scotland with company number SC394617.

“Zappar App” means our augmented reality mobile application called ZAPPAR, including all versions of that application published by Zappar. 

“Zappar Content” means Content owned by Zappar which we are responsible for and make available to users of the Zappar Services.

“Zappar Services” means collectively the Zappar App, the Zapbox Apps, the Zappar Website, our Zappar Powered products, Zappar WebAR and any other applications, products or services of Zappar covered by these Terms of Use. A reference to Zappar Services includes any and all related databases, features, functionality, plug-ins, software and web pages and with respect to Zappar Powered products, experiences and items any zapcode which appears on or within that product, experience or item.

“Zappar Website” means the official ZAPPAR website available at https://www.zappar.com/

 

In these Terms of Use:

The words “includes” and “including” are not limited in any way and mean “includes or including without limitation”.

The word “person” includes individuals, companies, corporations, partnerships, limited liability partnerships, co-operatives, associations and other natural and legal persons.

The section headings are for convenience only and shall not affect the interpretation of these Terms of Use.

Where a conflict, ambiguity or difference exists in the interpretation, wording or meaning of a provision or term in any of our published policy documents, or in any written communication to you, the provision or term contained in the most recent policy document or communication shall apply.

These Terms of Use were originally written in the English language (UK). To the extent any translated version of these Terms Of Use conflicts with the English version, the English version controls.


 

4. The Zappar Services

Nature of the Zappar Services

ZAPPAR is a technology platform which provides users with the ability to create, explore, search, view and share augmented, virtual and mixed reality experiences through the Zappar Services. We allow others to use our technology platform to distribute digital content, e.g. as part of their advertising and marketing campaigns, to bring their products to life, or for entertainment purposes. This may be content which we have created for them, or content they have created themselves using our content creation tools.

You agree that the form and nature of the Zappar Services may change from time to time without prior notice to you, including bug fixes, patches, updated and new versions (collectively, “Updates”). Depending on your device setting, Updates may be automatically downloaded and installed onto your device.

 

Service availability

You agree that Zappar may permanently or temporarily stop providing the Zappar Services or any aspect(s) of the Zappar Services at our sole and absolute discretion for any reason and without prior notice to you. Your access to the Zappar Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

 

As a result of the above, you may find that you are unable to access the Zappar Services, including access to your User Generated Content. Although we will normally only remove User Generated Content that violates these Terms of Use, we reserve the right to remove any User Generated Content for any reason, without prior notice. Deleted User Generated Content may be stored by us in order to comply with legal obligations and is not retrievable without a valid Court order. Consequently, we encourage you to maintain your own backup of your content. WE WILL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE ZAPPAR SERVICES OR LOSS OF ANY CONTENT.

 

Supported devices

A list of supported devices can be found here: 

Zapbox Apps: https://www.zappar.com/zapbox/ 

 

Third Party Content

When providing users with access to Third Party Content, Zappar acts on behalf of the owner and/or controller of the rights in such Third Party Content (a “Licensor”). The name of such Licensor may be explicitly displayed in the Third Party Content and/or a splash screen when accessing such Third Party Content.

 

You understand and accept that the Third Party Content or parts of the Third Party Content may be protected by Intellectual Property Rights of the Licensor or other third parties. You must not reproduce, copy, alter, create derivative works from, rent, sell or distribute the Third Party Content in any way, including by uploading content to a website or file sharing service, unless expressly permitted to do so by the Licensor. 

 

Third Party Services

The Zappar Services may contain links to applications, websites, microsites and other online services operated by third parties (a “Third Party Service”) that are beyond Zappar’s control and are provided to you for your convenience only. Zappar makes no warranties or representations whatsoever about any Third Party Service which you may access through the Zappar Services.

 

Without limiting the foregoing, these Third Party Services are in no way approved, vetted, checked or endorsed by Zappar and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on a Third Party Service. If you choose to access a Third Party Service, you do so at your own risk. In addition, the use of a Third Party Service may be subject to your acceptance of additional terms and conditions and privacy policies, which will have no impact on the applicability of these Terms of Use.

 

Third Party Promotions

Some Zappar Services may contain or display third party advertising, promotions or sponsorship. Advertisers, promoters and sponsors (collectively, “Promoters”) are responsible for ensuring that material submitted for inclusion within the Zappar Services complies with relevant laws, regulations and codes of practice. Zappar will not be responsible to you for any error or inaccuracy in any third party advertising, promotional or sponsorship material.

 

Your communication or dealings with, or participation in promotions of, Promoters found on or through the Zappar Services, including payment and delivery of related goods or services, rules for entry into competitions and free prize draws, and other terms, conditions, warranties or representations associated with such dealings are solely between you and the Promoter. Zappar shall have no responsibility in relation thereto.

 

Uploads to zapcodes

Some zapcodes published by users of our ZapWorks service, or published by Zappar for a third party, may have an ‘upload feature’ attached to them that allows you to upload content e.g. photos or videos to the zapcode. This ‘upload feature’ is made available for the convenience of users, who are aged 13 or over. You must ensure that any content you upload complies with Section 6 of these Terms of Use and any additional terms imposed by the publisher of the zapcode. The content you upload to a zapcode will be stored by Zappar on its servers, but can be downloaded, edited, republished and reused by the publisher of the zapcode as they wish or in accordance with any specific terms they notify to you. In some instances, your uploaded content may also be viewable by other users who scan the zapcode.

 

Your communication or dealings with, or participation in promotions of, zapcode publishers and/or controllers are solely between you and such third parties and Zappar shall have no responsibility in relation thereto beyond those obligations expressly contained in these Terms of Use and our Privacy Notice for the Zappar Services: https://www.zappar.com/privacy/ In addition, your use of any product or service connected to a zapcode published or used by a third party may be subject to your acceptance of additional terms and conditions and privacy policies, which will have no impact on the applicability of these Terms of Use. You should check any instructions that accompany the zapcode you intend to upload content to for further details.

 


 

5. Use of the Zappar platform by young children

Parents and guardians should be aware that the Zappar Services are a general audience service and depending on how our platform is used may potentially provide access to a wide variety of content and experiences some of which may be of a nature deemed unsuitable for young children. Our ZapWorks service allows users to publish content by linking it to a zapcode, QR code or other marker and printing that code or marker on physical materials (e.g. posters, business cards, flyers). We have no control over this and Zapworks is an open system which means that content published via Zapworks can potentially be accessed and viewed by anyone who uses the Zappar App or WebAR to scan a code or other Content trigger. If you have any concerns, you may wish to monitor your child’s use of the Zappar App/ WebAR and we recommend that you do not allow your child to use the Zappar App/ WebAR with certain materials displaying codes or other Content triggers.

 

6. Rules applying to your use of the Zappar Services

General rules

You may not use the Zappar Services in any improper or unlawful manner or in breach of any legislation or licence that applies to you or any contractual obligations that you owe to a third party. You are responsible for your relationship with other users and how you engage with other users on our platform. We do, however, reserve the right, but are not obliged, to monitor disputes between you and other users and to deny disruptive users access to any facility that allows users to connect to other users..

You agree that you will not use, copy, download, extract or reutilise any part of the Zappar Services or any Content, or use or allow any third party to use, copy, download, extract or reutilise any part of the Zappar Services or Content for any purpose except as expressly permitted by the licences granted to you in Section 8 below. You also agree to comply with all instructions that we may give you regarding the use of the Zappar Services.

 

User Generated Content

You agree that you are solely responsible for your User Generated Content and any legal consequences thereof. User Generated Content includes data, text, voice, information, screen names, graphics, photos, profiles, audio and video clips, links and other forms of user submissions, e.g. to forums or when connecting with other service users. 

You accept that any personal information of others that is contained in your User Generated Content may be subject to data protection and other legislation and regulation and you are fully responsible for compliance with these laws and regulations, where applicable. Zappar requires that users exercise due care when exchanging personal information of others as part of User Generated Content.

As you play a role in deciding the purposes for which you collect, use and disclose content through the Zappar Services, you may be a ‘data controller’ for the purposes of the UK Data Protection Act and EU General Data Protection Regulation (‘GDPR’) with regard to any personal data contained within the content. In cases where Zappar uses your content for our own purposes (e.g. promoting the Zappar Services), we will be the joint data controller of your content and, where this is the case, we will handle any personal data contained within the content in accordance with our Privacy Notice for the Zappar Services.

Without limiting the foregoing, you agree that when using the Zappar Services and, in particular, when engaging with other users you will not:

 

  • abuse, harass, threaten or intimidate other users of the Zappar Services or disclose personal information about others that could amount to abuse, harassment, threats or intimidation;
  • publish, post, upload, link to, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, vulgar, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal offence or give rise to a civil liability either for you or Zappar;
  • publish, post, upload, link to, store, distribute or disseminate nude, partially nude or sexually suggestive photos or videos;
  • compromise the rights of, bring harm to, or in any way unfairly deal with children or minors;
  • incite, promote or encourage violent, exploitative, racist, discriminatory, socially unacceptable or irresponsible behaviour;
  • reveal any confidential or sensitive information about another person unless you are authorised to make that disclosure;
  • upload or link to files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary permissions;
  • interfere with any other person’s use or enjoyment of the Zappar Services, including creating or submitting unwanted email or comments to users;
  • upload or link to files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Zappar Services;
  • impersonate others or misrepresent your affiliation with a person;
  • promote any activity that is illegal; or
  • harvest, scrape or collect information from the Zappar Services.
     

User Generated Content will not be vetted or edited in advance by Zappar and Zappar exercises no editorial control over User Generated Content. Notwithstanding this, Zappar may, but we have no obligation to, refuse, remove or suspend access to User Generated Content and accounts containing User Generated Content that we determine in our sole and absolute discretion is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s Intellectual Property Rights or right to privacy or any of the rules set out above. We may also periodically delete and/or clear out any User Generated Content stored on our systems that is no longer relevant or required, as part of the general housekeeping procedures we carry out to improve the efficiency and performance of the Zappar Services.

 

Provision of equipment

You understand and accept that you are solely responsible for all costs involved with accessing and using the Zappar Services. This includes obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Zappar Services. You are responsible for ensuring that no one uses your equipment or device to access the Zappar Services without your permission. We will be entitled to assume that anyone who accesses the Zappar Services using your equipment or device has your permission to do so and you will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.
 

7. User registration

You are not required to register with Zappar simply to use the Zappar App, a Zapbox App or our mobile WebAR site (https://web.zappar.com/).


Some features of the Zappar Services may require you to opt-in or provide personal information before you can use them. Please refer to the Zappar Privacy Notice for further details: https://www.zappar.com/privacy/

 

8. Intellectual Property Rights and licences

Ownership and trademark notices

Zappar is the sole and exclusive owner of the ZAPPAR logo, ZAPBOX logo and ZAPPAR POWERED trademarks, the ZAPPAR BOLT device and all ZAPCODES containing the ZAPPAR BOLT (collectively, the “Zappar Marks”), any registrations and applications for registration of the Zappar Marks, and their associated goodwill, throughout the world. Where we grant you the right to use any Zappar Marks, all use of the Zappar Marks by you will inure to the benefit of Zappar. You will not acquire any right, title or interest in or to any of the Zappar Marks.

The ZAPPAR logo is a trademark of Zappar Limited that has been registered in the United Kingdom, European Union, the United States of America, China, and other countries. The ZAPBOX logo is a trademark of Zappar Limited that has been registered in the United Kingdom, European Union, the United States of America, China, and Australia. ZAPPAR POWERED and the ZAPPAR BOLT are unregistered trademarks of Zappar Limited. All other trademarks, straplines, graphics and logos used on or in connection with the Zappar Services are unregistered or registered trademarks or service marks of Zappar Limited, its licensors or business partners.

Zappar does not make any warranty or representation in respect of the ownership or origin of any Third Party Content or User Generated Content available from the Zappar Services.

 

Licences granted to users

The Zappar Services and all Content (including all Intellectual Property Rights) are owned by and shall remain owned by Zappar or our licensors. Zappar grants you a revocable, single user, non-transferable, non-exclusive, limited licence to use the Content provided to you by Zappar or our licensors as part of the Zappar Services, subject to the following conditions of use: (a) the Content may only be used for your own personal entertainment use and not for any commercial purposes whatsoever; (b) the Content must not be reproduced or included in any other work or publication in any medium without our prior written consent; (c) the Content must not be modified or altered in any way and no derivative works must be created from the Content; (d) the Content must not be distributed or sold to any third party; (e) you must not remove, alter or obscure any copyright, trademark or other proprietary rights notices contained in the Content; (f) due to territorial restrictions on use you understand that you may not be able to access certain items of Content from your locality; and (g) you must not reverse engineer, decipher, decompile, disassemble or attempt to extract any algorithms, source code or other trade secrets contained in any Content.

Subject to the above, Zappar also grants you a revocable, single user, non-transferable, non-exclusive, limited licence to use the code and software provided to you by Zappar or our licensors as part of the Zappar Services or embedded in any Content including any zapcode or other marker used to unlock the Content (“Software”) solely for the purpose of enabling you to use the Zappar Services in accordance with these Terms of Use. You must not modify, alter, copy or create derivative works based on the Software and must not reverse engineer, decipher, decompile, disassemble or attempt to extract the algorithms, source code or other trade secrets contained in the Software. No zapcode or other marker may be reproduced or included on or within any other material.

 

Licences granted by you to Zappar

As between you and Zappar, it is agreed that you will retain all rights in your User Generated Content that you currently have under applicable law; provided that you hereby grant Zappar a perpetual, irrevocable, worldwide, fully paid up and royalty-free, assignable, sub-licensable licence to store, use, copy, reproduce, adapt, modify, delete from, add to, translate, publish, display, perform, transmit and distribute your User Generated Content for the purpose of developing, performing, displaying, distributing, supporting and promoting the Zappar Services (including the ‘upload’ feature described in Section 4) and our business in any or all media formats and through any or all media channels. You represent and warrant to Zappar that you have (and will continue to have for so long as necessary) all necessary rights, power and authority to grant the foregoing licence. In particular, you represent and warrant to Zappar that you own or otherwise are entitled to all necessary Intellectual Property Rights in your User Generated Content.

Where not expressly prohibited by applicable law, you hereby waive all moral rights or rights of privacy you may otherwise have in connection with Zappar’s use of your User Generated Content in accordance with these Terms of Use.

The licence granted to Zappar and waiver of moral rights survives after you have stopped using the Zappar Services.

 

Comments and suggestions

You are free to submit comments, ideas, suggestions and recommendations to Zappar with respect to the Zappar Services (a “Submission”) and, in that case, the ownership rights in and to the Submission and the ideas, inventions, discoveries, works of authorship and related Intellectual Property Rights in the Submission remain with you; however by making the Submission you agree that such Submission will not be treated as confidential, regardless of what you state in your accompanying message or otherwise. You also grant to Zappar an unlimited, non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide licence to use, copy, modify, translate, publish, display, perform, transmit, distribute, make, import, sell, offer to sell, lease, license or otherwise transfer, including the right to sub-license any of these rights to others, any Intellectual Property Rights you may have in the Submission. This means that Zappar will be free (but not obliged) to exploit and use any Submission we receive from you in our business in such manner as we see fit and without having to provide you with any form of attribution or financial compensation of any kind. 

 

9. SERVICE DISCLAIMERS

ZAPPAR WILL EXERCISE ALL REASONABLE SKILL AND CARE IN PROVIDING THE ZAPPAR SERVICES. HOWEVER, WE DO NOT GUARANTEE AND ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, SUBJECT MATTER OR RELIABILITY OF ANY CONTENT, IN PARTICULAR ANY THIRD PARTY CONTENT AND USER GENERATED CONTENT. ANY VIEWS EXPRESSED BY USERS WITHIN THEIR USER GENERATED CONTENT IS THEIRS AND NOT THOSE OF ZAPPAR. YOU ACKNOWLEDGE AND AGREE THAT ZAPPAR DOES NOT ENDORSE IN ANY WAY ANY USER GENERATED CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT. 

 

ZAPPAR DOES NOT WARRANT THAT THE ZAPPAR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE ZAPPAR SERVICES AND ALL MATERIALS AND INFORMATION PROVIDED BY US ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT GUARANTEE OF ANY KIND AND ALL CONDITIONS, STATEMENTS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE AND DO NOT PROMISE THAT THE ZAPPAR SERVICES AND THE MATERIALS AND INFORMATION PROVIDED THROUGH THEM WILL MEET YOUR REQUIREMENTS OR THAT YOU WILL NOT BE EXPOSED TO CONTENT WHICH IS FACTUALLY INCORRECT OR WHICH YOU MAY FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. ZAPPAR DOES NOT REVIEW OR VERIFY THIRD PARTY CONTENT (INCLUDING USER GENERATED CONTENT). THEREFORE, WE ADVISE YOU TO CHECK ANY MATERIALS OR INFORMATION PROVIDED TO YOU THROUGH THE ZAPPAR SERVICES AS ANY RELIANCE THAT YOU PLACE ON THE ACCURACY, COMPLETENESS OR RELIABILITY OF THAT CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ZAPPAR WITH RESPECT TO SUCH CONTENT.

 

YOU ARE RESPONSIBLE FOR TAKING ANY NECESSARY PRECAUTIONS TO PROTECT YOURSELF AND YOUR DEVICES AND COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES AND OTHER HARMFUL OR DESTRUCTIVE CONTENT.

 

ZAPPAR DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING THE ZAPPAR SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE ZAPPAR SERVICES BY OTHER USERS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, INFORMATION OR USER GENERATED CONTENT.

 

WE RECOMMEND THAT YOU ALWAYS BE AWARE OF AND PAY CLOSE ATTENTION TO THE CONTEXT AND ENVIRONMENT IN WHICH YOU ARE USING THE ZAPPAR SERVICES, TO ENSURE THAT YOU DO NOT HARM YOURSELF OR OTHERS. YOU UNDERSTAND AND ACCEPT THAT ALL USE OF THE ZAPPAR SERVICES IS ENTIRELY AT YOUR OWN RISK. SUBJECT TO PARAGRAPH (2) OF SECTION 11 (“EXCLUSION AND LIMITATION OF LIABILITY”), YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT YOUR USE OF THE ZAPPAR SERVICES MAY CAUSE TO YOU, YOUR PROPERTY OR THIRD PARTIES.
 

10. User warranties and indemnity

You represent and warrant to Zappar that: (a) your use of the Zappar Services will be in accordance with these Terms of Use and all applicable laws and regulations; and (b) your use of the Zappar Services will not infringe the Intellectual Property Rights, privacy rights or any other rights of any third party. You agree to pay for all royalties, fees and any other monies owing to any person by reason of your User Generated Content.

 

INDEMNIFICATION. You shall indemnify and hold harmless Zappar and our employees, officers, contractors and licensors (each an “Indemnified Party”) from and against any and all losses, liabilities, claims, actions, proceedings, damages, costs and expenses (including Court costs and legal fees) whether direct, indirect or consequential and including any economic loss or other loss of profits, business or goodwill (“Claims”) suffered or incurred by us or any other Indemnified Party as a result of any of the following matters: (a) your use of the Zappar Services; (b) your User Generated Content; and (c) any breach by you or anyone acting on your behalf of these Terms of Use. We will notify you of any such Claims and keep you informed as to the progress of such Claims.


 

11. EXCLUSION AND LIMITATION OF LIABILITY

(1). THIS SECTION 11 SETS OUT THE ENTIRE FINANCIAL LIABILITY OF ZAPPAR (INCLUDING ANY LIABILITY FOR THE ACTS OR OMISSIONS OF OUR EMPLOYEES, AGENTS AND SUBCONTRACTORS) TO YOU IN RESPECT OF: (A) ANY BREACH OF THESE TERMS OF USE; (B) ANY USE MADE BY YOU OF THE ZAPPAR SERVICES OR ANY ASPECT OF THEM; AND (C) ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE) ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THE ZAPPAR SERVICES.

(2). NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES ZAPPAR’S LIABILITY FOR THE FOLLOWING MATTERS: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY WHICH MAY NOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, INCLUDING WHERE APPLICABLE ANY STATUTORY RIGHTS AS A CONSUMER.

(3). SUBJECT TO PARAGRAPH (2) OF THIS SECTION, YOU AGREE THAT ZAPPAR SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) LOSS OF ANTICIPATED SAVINGS OR LOSS OF OPPORTUNITY; OR (B) LOSS OR CORRUPTION OF DATA; OR (C) ANY LOSS OF REVENUE, PROFIT OR BUSINESS (WHETHER DIRECT OR INDIRECT); OR (D) LOSS OF GOODWILL OR INJURY TO REPUTATION; OR (E) LOSSES SUFFERED BY THIRD PARTIES OR (F) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, EXEMPLARY, MULTIPLE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND; IN EACH CASE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE ZAPPAR SERVICES; OR  ANY FAILURE OR DELAY IN THE USE OF ANY COMPONENT OF THE ZAPPAR SERVICES INCLUDING, WITHOUT LIMITATION, ANY UNAVAILABILITY OF THE ZAPPAR SERVICES IRRESPECTIVE OF DURATION OF ANY PERIOD OF UNAVAILABILITY; OR ANY USE OF OR RELIANCE UPON ANY INFORMATION, MATERIAL, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ZAPPAR SERVICES, IN ALL CASES EVEN IF FORESEEABLE OR WE HAVE BEEN FOREWARNED OF THE POSSIBILITY OF YOU SUFFERING SUCH LOSS OR DAMAGE.

(4). SUBJECT TO PARAGRAPH (2) OF THIS SECTION, ZAPPAR'S TOTAL AGGREGATE LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE ZAPPAR SERVICES SHALL IN ALL CIRCUMSTANCES BE LIMITED TO £100.

(5). WITHOUT LIMITING THE EFFECT OF  PARAGRAPH (2) OF THIS SECTION, DUE TO THE INHERENT RISKS OF USING THE INTERNET AND APPLICATIONS, ZAPPAR SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, DEVICE OR ANY OTHER PROPERTY WHEN USING THE ZAPPAR SERVICES. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION THROUGH THE ZAPPAR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, DEVICE OR OTHER PROPERTY, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS.

 

12. Termination and consequences

We may cease the provision of all or any of the Zappar Services or any features or functions of Zappar Services, or terminate your right to access and use Zappar Services at any time at our sole and absolute discretion for any reason whatsoever and with or without giving notice to you. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with Zappar and may be referred to the appropriate law enforcement authorities. You are under no obligation to use any of the Zappar Services and may simply choose to stop using them at any time. 

 

  • Upon cessation or termination by Zappar or you, regardless of the reasons therefor:
  • Your right to use the Zappar Services (or part thereof) and all related licences immediately ceases, and you acknowledge and agree that Zappar may delete any registration for the services and remove and permanently erase all content and information (including User Generated Content) associated with you;
  • Zappar may deny you any further access to and use of the Zappar Services, which may include taking technical steps to prevent your access to the Zappar Services;
  • Zappar shall not be liable to you or any third party for any claim or damages arising out of said cessation or termination or for the consequent loss of any content or information;
  • All provisions of these Terms Of Use that are intended to survive the cessation or termination by their nature or because such has expressly been provided for shall survive such cessation or termination. These provisions include provisions relating to ownership of intellectual property, disclaimers, indemnity obligations, limitations and exclusions of liability, and applicable law.
     

Termination of your right to use any Zappar Services (or features or functions thereof), howsoever caused, shall not affect the accrued rights and liabilities of either you or Zappar as at the time of such termination.

 

 

13. Privacy

We will use any personal information that we may collect about you through the Zappar Services in accordance with our privacy notice for the Zappar Services. Please click here https://www.zappar.com/privacy/ to view the privacy notice. This notice is an essential part of your engagement with Zappar and it is important that you take time to read it.


 

14. International use

We make no promise that Content is appropriate or available for use in every country, and accessing the Zappar Services and/or Content from territories where its contents are illegal or unlawful is prohibited. If you choose to access or use any Zappar Services from locations outside of the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information in connection with the Zappar Services is void where prohibited.

 

Due to possible territorial restrictions on the use of underlying third party rights, we make no promise that if you purchase a ZAPPAR POWERED product in one country, you will necessarily be able to access the augmented reality features of that product from countries outside the original country of purchase. You are responsible for checking that the augmented reality features will be available on supported devices in the country where you live, before purchasing a ZAPPAR POWERED product.


 

15. Miscellaneous

Amendments.  Except as expressly provided otherwise herein, these Terms of Use may only be amended by a written document that has been signed by an authorised representative of Zappar. 

Assignment. You may not assign, transfer, sub-license or delegate any of your rights or obligations under these Terms of Use to any other person. We may assign our rights under these Terms of Use to another legal entity or business where we reasonably believe your rights will not be adversely affected.

Entire Agreement. You agree that these Terms of Use and the other documents referred to in it constitutes the entire agreement between you and Zappar Limited regarding the Zappar Services and their use; and supersedes all prior agreements, understandings, communications and proposals with respect to the subject matter of these Terms of Use. You and Zappar Limited acknowledge and agree that in entering into this relationship neither of us relies on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party hereto or not) relating to the subject matter of these Terms of Use, other than as expressly set out in these Terms of Use. This provision does not exclude any liability for fraud or fraudulent misrepresentation.

Force Majeure. Zappar shall not be responsible for any breach of these Terms of Use or failure of the Zappar Services (or part thereof) caused by circumstances beyond our reasonable control, including any Act of God, terrorism, failures or delays in communications, strikes, labour disturbances or slowdowns, actions by hackers, denial of service attacks, internet service provider failure, unavailability of the world wide web, power failure, Government action, or any act or failure by you or your employees, agents, or contractors. 

No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Zappar Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Zappar Services or any Content used or displayed through the Zappar Services.

No Waiver. If you breach these Terms of Use and Zappar chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms of Use.

Relationship between us. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither of us has any authority of any kind to bind the other in any respect.

Severability. If any provision of these Terms of Use is held invalid or unenforceable, the remaining provisions shall nevertheless remain valid and enforceable, to the extent they can be given effect without the invalid portions.

Third party rights. As regards the contract between Zappar and an individual user, these Terms of Use do not confer any rights on any person other than Zappar Limited and that user and, where applicable, their successors and permitted assigns. 

 

16. Notices

Any notice Zappar is required or permitted to give under these Terms of Use may either be sent to you by email - to the most recent email address we have for you (if any) - or posted on the Zappar Website. You may send notices to us by email or by post using our addresses listed in Section 19 (“Our Contact Details”). An email will be deemed received on the date of successful transmission and any notice sent to us by post will be deemed received when we actually receive it at our offices.

 

17. Applicable law and jurisdiction

Notwithstanding any conflict of laws principles, these Terms of Use, the provision of the Zappar Services and all other aspects of the relationship between you and Zappar (including any non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with English law. 

We will try to resolve any disagreements or claims arising out of or related to these Terms of Use or the Zappar Services (a “Dispute”) quickly and efficiently. If you are not happy with the way Zappar deals with any Dispute (including any non-contractual dispute or claim) and you want to take legal action or issue court proceedings in respect of the Dispute, you must do so exclusively within England and Wales. Notwithstanding this Section, you agree that Zappar shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal action) in any jurisdiction where you reside or have assets. 

NO CLASS ACTIONS. You may only resolve disputes with Zappar on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed. 

 

18. Violations

Please contact us at legal@zappar.com if you believe that any content displayed on or linked to from the Zappar Services infringes your Intellectual Property Rights or your privacy rights. You can also use this email address to report violations of these Terms of Use.

 

19. Our contact details

The Zappar Services are owned and operated by Zappar Limited, a company incorporated in the United Kingdom and registered in Scotland with company number SC394617. The Company’s registered office address is The Cairn, Auchterarder, Perthshire, PH3 1NR, Scotland. The company is VAT registered in the United Kingdom and our VAT registration number is GB 108 3635 25. 

If you have any questions about the Zappar Services or these Terms of Use, please contact us using the following addresses:

 

Postal Address

 

Zappar Limited

The Barley Mow Centre

10 Barley Mow Passage

London W4 4PH

UNITED KINGDOM

 

Email

contact@zappar.com