our services may be delivered by an app, website or other means. to use the app and/or website, you will need a device (as defined below) capable of accessing the app and/or website. you acknowledge and agree that by ticking the tickbox on the registration form, you signify that you have read, understood, and agree to be bound by these terms and that you will use the app or website in accordance with them. if you do not accept these terms, you will not be able to and should not attempt to use the app or website.
if you are accepting these terms on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. the same rights, limitations and restrictions apply to your employer. you agree on these terms are enforceable as if they were a written negotiated agreement signed by your employer.
we may modify or update these terms at any time. any such modification or update will be displayed and accessible through the app and/or website. it is your responsibility to check these terms, including any updates or modifications which may be made by us from time to time. by continuing to use the app and/or website you acknowledge that you agree to be bound by the terms as are in force at that time.
The following definitions and terms will have the following meanings in these Terms:
- “App” means the object code form of the mobile application(s) We make available to download and install onto Your Device from the App-Store, and which includes any updates, enhancements, modifications or variations thereto;
- “App-Store” means the third party app-stores We may offer the App for download through;
- “Connect” or “Connected” means the act of sharing Your Information through the Platform by use of Your digital business card;
- “Connected Contacts” means those Users You have Connected with;
- “Contract” means the contract between You and Us in respect of Your use of the Platform, which incorporates these Terms;
- “Device” means any compatible device that You access the Platform on, including any smartphone or tablet;
- “Information” means a business or company name, name, email address, telephone phone number(s), address(es), websites, social media profiles, driving licence number, passport number, visa number and such other information permitted by the Platform from time to time;
- “Profile” means Your Information, including without limitation, location and other information about You held by Us;
- “Services” means the services offered through the Website, the App or such other delivery means as we may offer from time to time;
- “User(s)” means any user of the Platform including users who You choose to Connect and share Your Information with; and
- “Website” means [www.zozter.com].
2. About Us
2.1 The Website and the App and any other technological means we use to deliver the Services are together known as the “Platform”.
2.2 The Platform is owned and managed by Zozter Limited. Zozter Limited can be contacted by e-mail at email@example.com.
2.3 By using the Platform, You warrant that:
2.3.1 You are at least 18 years old.
2.3.2 You are legally capable of entering into binding contracts;
2.3.3 You are not in any way prohibited by any applicable law, in the jurisdiction in which You access and use the Platform, to enter into these Terms; and
2.3.4 where You are accepting these terms on behalf of your employer, You are at least 18 years old.
3. Registration and use of the Platform
3.1 In order to access and use the Platform, You must register with Us.
3.2 When You have completed and submitted Your registration details, You may start to use the Platform.
3.3 You will be sent an e-mail and/or a message through the Platform for verification purposes once you have submitted your registration details. If you do not verify your account straight away You will have restricted access to the Platform. If we have not received verification within 30 days, You will be denied access to the Platform.
3.4 You hereby warrant that the information that You submit to Us through the registration process and thereafter is truthful, accurate and error-free. You further warrant that You will inform Us promptly in the event that Your details change.
3.5 You agree that at all times, You shall:
3.5.1 not allow any other person to use Your Profile;
3.5.2 not use content and/or Information presented on the Platform for any purposes other than those expressly set out in these Terms;
3.5.3 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Platform;
3.5.4 promptly notify Us if there is any actual or suspected breach of security or any unauthorised use or attempted use of Your Profile;
3.5.5 not use the Platform with an incompatible or unauthorised Device;
3.5.6 co-operate with any reasonable security or other checks or requests for information We make from time to time; and
3.5.7 use content and/or Information made available to You via the Platform at Your own risk.
3.6 We reserve the right to accept or reject any registration application and to refuse Your access to the Platform at any time at Our sole discretion.
4. Your use of the Services
4.1 Subject to these Terms, We hereby grant to You a non-exclusive, non-transferable, non-sub-licensable, terminable licence to:
4.1.1 Access the Platform;
4.1.2 access the Website; and
4.1.3 download, install and use the App on Your Device,
as applicable, for the sole purpose of using the Services.
4.2 Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the Website or the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Website or the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the Website or the App or Your right to use the Website or the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or Our licensors contained within the Website or the App; or (v) use the Website or the App in any manner not expressly authorised by these Terms.
4.3 You are solely responsible for ensuring that Your Profile is accurate and correct. You acknowledge that a “public” Profile means that your Profile can be viewed by all Users and the public. You have the option of changing your Profile to “private”, this means your Profile can only be viewed by Connected Contacts.
4.4 You may update Your Profile and digital business card by inserting additional Information or updating Your details at any time via the Platform. You acknowledge and agree that all Your Connected Contacts will receive your updated Information and are able to download your digital business card. You may remove or block any User at any time by deleting or blocking the applicable User in the Platform.
4.5 You shall, at all times:
4.5.1 comply with all applicable laws, regulations, directives and legislations in Your use of the Platform;
4.5.2 comply with any guidelines provided and reasonable requests or instructions issued by Us from time to time, including without limitation security checks, in respect of Your use of the Platform;
4.5.3 ensure that Your Device complies with any minimum specifications required for Your Device to install and use all features of the App, as specified in the relevant App-Store; and
4.5.4 ensure your Device contains adequate anti-virus protection.
4.6 You shall notify Us in writing immediately if You become aware of any breach of these Terms and/or inappropriate behaviour in connection with the Platform.
4.7 You shall not use the Platform to, or include any content or Information in the Platform that in any way:
4.7.1 commits any criminal act, promotes any illegal activities or provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
4.7.2 includes or shares anything which could be considered defamatory or blasphemous, or which is likely to cause any person any form of harm or distress, or which is false, inaccurate or misleading;
4.7.3 infringes any intellectual property rights or other rights of any third parties;
4.7.4 may reasonably be deemed to be offensive, illegal, inappropriate or in any way promote racism, bigotry, hatred or physical harm of any kind against any group or individual or to harass or advocate harassment of another person;
4.7.5 impersonates another individual or entity;
4.7.6 displays pornographic or sexually explicit material; and/or
4.7.7 engages in or promote commercial activities (other than sharing Your business Information) and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent.
4.8 In the event that We are notified that You are making any illegal and/or unauthorised use of the Platform, and/or Your use of the Platform is in breach of these Terms, We reserve the right to take any action that We deem necessary, including without limitation removing Your Information from the Platform, suspending and/or terminating Your Contract without notice and, in the case of illegal use, instigating legal proceedings.
4.9 We cannot accept any liability for any inaccurate Information shared via the Platform.
4.10 You shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all User names and e-mail addresses) that came into Your possession through Your use of and activities on the Platform, nor will You disclose any other User’s Information to any third party without that User’s express written consent.
5. Availability of the Platform
5.1 We will use Our reasonable endeavours to make the Platform available to You at all times, but We cannot guarantee that the Platform will be uninterrupted or fault free.
5.2 The network through which the Platform is supplied is not controlled by Us and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of that network. Such circumstances may result in the Platform being temporarily unavailable. We will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.
5.3 We use industry standard security measures to protect against the loss, misuse and alteration of Your Information handled by Us. However, You acknowledge and agree that We cannot guarantee complete security of Your Information. You should ensure Your Device has adequate security measures to prevent hacks, worms, bugs, trojans or such other similar devices that may allow access to or unauthorised viewing of any content or Information.
5.4 We reserve the right to make changes to the Platform or any part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the Platform.
6.1 You acknowledge and agree that:
6.1.1 We are in no way linked, connected or affiliated with any App-Store provider;
6.1.2 access to and use of the App may be limited by Your network carrier;
6.1.3 You acknowledge that You will not be able to access and use certain functionalities of the App unless You have internet access through Your Device. All traffic charges or access charges incurred due to the use of the App are subject to Your agreed terms
6.1.4 We are solely responsible for providing any support and maintenance in respect of the App; and
6.1.5 You will comply with any third party terms and conditions which may be applicable from time to time in relation to Your use of the App.
6.2 Further, where You have obtained the App from the Apple iOS App-Store, You acknowledge and agree that:
6.2.1 You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
6.2.2 You are not listed on any US Government list of prohibited or restricted parties;
6.2.3 these Terms are concluded between You and Us and accordingly Apple is not a party to these Terms;
6.2.4 Apple has no obligation to provide any maintenance and support services in respect of the App;
6.2.5 if the App fails to conform to any warranty herein, You may notify Apple following which Apple will refund You the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
6.2.6 Apple has no responsibility to address any claims by You or any third party whatsoever with respect to the App;
6.2.7 Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
6.2.8 ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.
7 Business Listings and Advertising
7.1 As part of the Services offered through the Platform, you may have the option of requesting:
7.1.1 business listings to appear on the Platform (“Business Listings“); and/or
7.1.2 banner advertising for you or your business to appear on the Website (“Advertisements“).
7.2 Options relating to Business Listings and Advertisements (including but not limited to their content, length, placement and duration of appearance on the Platform) are limited to that offered on the Platform or otherwise agreed by between You and Us.
7.3 You grant us a non-exclusive, perpetual, irrevocable, worldwide licence to make any trademarks, names, logos and other intellectual property rights appearing in the Business Listing or Advertisement available on the Platform.
7.4 We reserve the right to edit, remove or refuse to publish your Business Listing or Advertisement on the Platform for any reason.
8.1 Your use of the Platform is free of charge.
8.2 Banner Listings and Advertisements are subject to payment of fees. We reserve the right to vary the fees for Banner Listing and Advertisement at our sole discretion. Accepted methods of payment are as set out on the Platform from time to time.
8.3 All fees shall be paid for in advance and are non-refundable.
9 Term and Termination
9.1 Subject to clause 3.6, Your Contract with us shall commence on the date you register with Us and will be subject to the rights and restrictions as set out in these Terms.
9.2 You may also choose to temporarily deactivate or permanently delete your account at any time. In all such cases, the following provisions of these Terms will still apply 10, 11 and 13-16. When your account is temporarily deactivated, others will not be able to see your profile or search for you but some information may remain visible, such as content you have posted in a group. If you have chosen to delete your account, shared information with others, such as posting updates, reviews or mailing users on the Platform will remain visible after your account has been deleted. Such content will appear as posted from an unknown source.
9.3 We may terminate Your Contract, deny You access to the Platform and delete Your Profile with immediate effect and without any notice to You if:
9.3.1 We are no longer able to make the Platform available to You due to an Event Outside Our Control (as defined at clause 15 below);
9.3.2 We believe that there has been fraudulent use, misuse or abuse of the Platform;
9.3.3 We believe that You have provided Us with false, inaccurate or misleading information in respect of Your registration and/or use of the Platform; or
9.3.4 You are in breach of any of these Terms.
9.4 In the event of termination of these Terms for any reason:
9.4.1 We will cease providing the Platform to You, including denying You access to the Platform; and
9.4.2 the rights granted to You under these Terms shall cease and You must not attempt to use the Platform.
10 Intellectual Property
10.1 Other than in relation to any links to third party websites, We own or have a licence to use all right, title and interest in and to the Platform, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey any title to or ownership of the Platform or the content contained therein to You. All rights in and to the Platform content not expressly granted to You are reserved by Us.
10.2 Subject to these Terms, You hereby grant to us a non-exclusive, perpetual, irrevocable, non-terminable, transferable, sub-licensable and royalty-free licence to copy, display, modify, distribute, sub-licence, host, retain for archiving purposes and publish Your Information.
11 Third Party Websites
11.1 We may link to third party websites. We do not endorse or recommend such websites and You must satisfy Yourself that any goods or services referred to thereon are suitable for Your requirements. These are not provided as an endorsement by Us of the contents on such third party websites. As We have no control over such external sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse, and are not responsible or liable for any content, advertising, products, services or other materials on or available from such external sites or resources.
11.2 You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content, goods or services available on or through any such external sites or resources. If You decide to access linked third party websites, You do so at Your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.
12 Your relationship with other Users
12.1 The Platform is designed to connect You with other Users. You acknowledge and agree that We only provide You with the Platform. You understand that We are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between You and other Users.
12.2 You are responsible for Your dealings with other Users. Consequently, You acknowledge and agree that We shall not be liable in any way and for any reason whatsoever in respect of Your relationship with other Users. You acknowledge and agree that You are solely responsible for all communication with, and any subsequent dealings with, other Users.
12.3 Take care when meeting other Users. We recommend that You take all reasonable care when arranging any meeting or otherwise with any other User.
12.4 You acknowledge that We do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Users. We make no representations and assume no responsibility for any Users. We are not able to vet, verify the accuracy, correctness and completeness, monitor, edit or modify any User profiles or any Information shared by Users through the Platform. Consequently, all such shared User Information available through the Platform is provided to You “as is” and You agree that any use made of such content or reliance on such shared User Information shall be strictly at Your own risk. We recommend that You do not rely solely on such Information in making or refraining from making a decision or to embark on a specific course of action.
13 Warranties and Liability
13.1 We do not guarantee, warrant or make any representation that the functions contained in the Platform will meet Your requirements, or that the operation of the Platform will be uninterrupted or error-free, or that defects in the Platform will be corrected. All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law.
13.2 Nothing in these Terms limits or excludes our liability for:
13.2.1 death or personal injury caused by our negligence; or
13.2.2 fraud or fraudulent misrepresentation.
13.3 Subject to clause 14.2, Our maximum aggregate liability to You under, arising from or in connection with Your Contract, whether arising in contract, tort (including negligence) or otherwise, shall not exceed the higher of (i) one hundred pounds sterling (£100.00); and (ii) fees paid by You to Us under Your Contract.
13.4 Subject to clause 14.2, We will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.4.1 consequential, indirect or special losses;
13.4.2 loss of profits, income or revenue;
13.4.3 loss of savings or anticipated savings, interest or production;
13.4.4 loss of business or business benefits;
13.4.5 loss of opportunity or expectations;
13.4.6 loss of goodwill and/or reputation;
13.4.7 loss of data; or
13.4.8 loss of management or office time,
even if advised of the possibility of such loss arising.
14 Notice and Take Down
14.1 We will make all reasonable efforts to delete accounts which are being used in breach of our Terms and to identify and remove content that is defamatory or infringing on intellectual property rights or otherwise in breach of our media policy when we are notified but we cannot be responsible if you have failed to provide the relevant information.
14.2 In the event that you believe that an account is being used in an inappropriate manner or that any Content which is distributed using the Service is defamatory or infringing on intellectual property rights you should notify us in writing either by email to firstname.lastname@example.org including the following:
14.2.1 Your full name and contact details, including postal address, telephone number and e-mail address;
14.2.2 The location where the defamatory or infringing content appears;
14.2.3 The content that you believe is defamatory or infringing on intellectual property rights;
14.2.4 The reasons that you believe the content is defamatory or infringing on intellectual property rights;
14.2.5 A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
14.2.6 A signed declaration truth in respect of the information in the notice.
14.3 Any statement made under this clause may be used in court proceedings.
15 Data Protection
15.1 When you register with the Platform we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy and Cookies Policy which is available in the App and on the Website.
15.2 You agree that personal information supplied to us will be kept up to date. We will use the information provided to us to contact you.
16 Events outside our reasonable control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
16.2 What We mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
16.3.1 We will contact You as soon as reasonably possible to notify You; and
16.3.2 our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
17 Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under your Contract terms to another organisation.
17.2 You need our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under your Contract to another person if We agree to this in writing.
17.3 Nobody else has any rights under this Contract. This Contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither You or Us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
17.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.5 Even if We delay in enforcing this Contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breaking this Contract, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date.
17.6 Which laws apply to this contract and where You may bring legal proceedings. These terms are governed by English law and You can bring legal proceedings in respect of any dispute arising under Your Contract in the English courts. You shall comply with all foreign and local laws and regulations which apply to your use of our Services in whatever country you are physically located.
17.7 Only these Terms apply to Your Contract with us. These Terms and any document expressly referred to in them represent the entire agreement between You and us in respect of Your use of the Platform, and shall supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.