Zapchat Terms of Services

Zapchat is a chrome extension which enables users to send and manage messages on other Third-Party Applications provided by Zapchat Team (“we” or “us”). 

As Zapchat is not associated with other Third-Party Applications, you shall use Zapchat on an “as is” basis at your own risk. Any violation of the Third-Party Applications Terms may result in potential suspension of your access to the Third-Party Applications. Please contact Zapchat Team at zapchat.team@gmail.com if you have any questions or enquiries to the Terms and the Services. 

ACCEPTANCE OF THE TERMS

1. The services provided by us in accordance with the Terms (as defined hereinafter) include, among other things, the provision of an integrated platform which enables you to access, link, integrate, manage and otherwise use other Third-Party Applications on it (the “Services”).


2. Before you start using Zapchat, you must read and accept the terms of services set out herein (the terms and conditions as amended and supplemented from time to time, the “Terms”). As you review the Terms, you should also review and consider any information linked and terms incorporated herein as a whole. By accepting the Terms, you hereby agree to and accept Zapchat Privacy Policy which is incorporated herein by reference and will apply whenever you use the Services.


3. The Terms may be updated and/or amended from time to time. Please refer to the section headed "Amendment of Terms". You will need to accept the Terms as may be updated from time to time to continue your use of Zapchat. Accordingly, your use or continued use of the Services shall constitute your acceptance of the Terms.


IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT PROCEED TO ACCESS OR USE ZAPCHAT.

YOUR USE OF Zapchat

4. You guarantee and warrant to us that you will not use Zapchat for any purpose that is unlawful or otherwise in accordance with the Terms. You must not use Zapchat in any manner which could damage, disable, overburden or impair Zapchat or interfere with any other party's use of Zapchat. 


5. You are solely responsible for your activities and conducts on Zapchat and all of the messages, text, data, information, graphics, images, photographs, profiles, audio, video, items, links and any other content that you transmit, post through or display on Zapchat (together, "Content"). Accordingly, you represent and warrant that the Content and your use of Zapchat shall not:

a. contain any information which is false, inaccurate, misleading, defamatory, abusive, harassing, threatening, malicious, discriminatory, libelous, of personal or private to other users, forms part of a scheme to defraud, or is otherwise could reasonably be considered as inappropriate;

b. involve the transaction of any illegal, counterfeit or stolen items;

c. infringe upon any third-party rights including copyright, patent, trademark, trade secret or other proprietary or intellectual property rights;

d. violate the Terms, any site policy, or any applicable law, statute, ordinance or regulation (including laws governing national security, anti-terrorism, anti-money laundry, export control, anti-discrimination or false advertising) or the Third-Party Applications Terms;

e. contain items that have been identified by the applicable laws or regulations as hazardous;

f. impersonate or imitate any person, or falsely state or otherwise misrepresent your affiliation with any person;

g. contain or transmit any code of a destructive nature that may damage, interfere detrimentally with, intercept surreptitiously or expropriate any system, data or personal information or disrupt the integrity or performance of the Services;

h. involve transmitting unsolicited, illegal or impermissible communications such as spam messaging;

i. harvest or otherwise collect any data or information about users (which may be private or otherwise) without their consent;

j. access the Services with a view to facilitate or promote the development of a product or service that may compete with the Services; or

k. solicit business in connection with a commercial activity in competition with us.


6. You shall ensure your passwords for accessing Zapchat and the Third-Party Applications (“Passwords”) are secured. You agree to notify us immediately of any actual or potential unauthorized use of your Passwords or breach of security. You are fully responsible for any loss or damages arising from or in connection with your failure to keep the Passwords secured, and we shall not in any way be liable for any loss or damages (whether direct, indirect or consequential) arising from it. 


7. You agree to take all reasonable measures as may be necessary at your own expenses to prevent overuse of the Services (such as appropriate rate limiting), spam or fraudulent traffic (such as blacklists, content filters and other suitable controls) and ensure timely detection of and response to security incidents.


8. You acknowledge and confirm that:

a. Zapchat is only a conduit for the transmission of information made by you and does not initiate or direct any transmission of information, or select or modify any information contained in the transmission;

b. we does not guarantee your continuous, error-free or secured access of the Services or the Third-Party Applications through Zapchat, or any information transmitted through Zapchat is properly sent or received, whether or not on time, by the End-user;

c. we are acting as a data processor if it processes and personal data on your behalf, if any, on the End-users in the provision of the Services; and

d. you have determined whether the use of the Services for your purpose complies with applicable laws and regulations, including consumer protection and telecommunication laws, of the jurisdiction in which you and the End-users are located, and shall cease to use of the Services in the event it does not comply with the applicable laws and regulations.


9. You represent and warrant that you have obtained and will maintain all licenses, permits, grants, consents and permissions necessary for the use of the Services, including for any material or information disseminated through the Services, in accordance with the applicable laws and regulations. 

TERMS OF THIRD-PARTY APPLICATIONS

10. By accessing Third-Party Applications through the Services, you agree to comply with the applicable Third-Party Applications Terms and where necessary, authorise us to accept such Third-Party Applications Terms on your behalf. 


11. You agree to grant us permission to access your data on the Third-Party Applications and take other actions as required for the interoperation of the services between the Third-Party Applications and the Services.

AMENDMENT OF TERMS AND SERVICES

12. We reserve the right, in our sole discretion, to change, amend, add or remove any provisions in the Terms from time to time ("Amendments"). We will notify you of the Amendments by email or by posting the revised Terms together with the Amendments. You are advised to check the Terms from time to time for any Amendments that may impact you. By continuing your use of Zapchat or any of the Services following the notice of the Amendments has been disseminated or the updated Terms with the Amendments have been posted, you agree to be bound by and comply with the updated Terms. Unless otherwise specified, any Amendments will apply from the date on which the updated Terms are posted. 


13. We have the sole and absolutely discretion to add, modify or remove the Services, or otherwise suspend or terminate your access to or use of the Services with or without any reason or notice at any time, in particular when it is suspected that your use of the Services is contrary to applicable laws, regulations or public order and morality, is in breach the Terms or other agreements to which you are a party in connection with the provision of Services, or you have not pay the applicable fees for the use of the Services. We shall not be liable if, for any reason, the Services become unavailable. 


14. You may terminate the Services at any time by contacting us for further instructions.


15. In the event the Services have been terminated for any reasons, any rights or liabilities accrued before such termination or payments due prior to or becoming due upon termination shall not be affected by such termination.

DISCLAIMER AND LIMITATION OF LIABILITY

16. YOUR USE OF ZAPCHAT AND THE SERVICES WILL BE AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WE, OUR DEVELOPER, OUR RESPECTIVE AFFILIATES AND RESPECTIVE RELATED PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


17. YOU AGREE AND CONFIRM THAT WE SHALL IN NO WAY BE RESPONSIBLE OR LIABLE TO YOU, YOUR CONTRACTUAL PARTNERS OR THE END-USERS IN RELATION TO FAULTS, ERRORS OR DELAYS IN THE DELIVERY, INTERRUPTION, TRANSMISSION, RE-TRANSMISSION OR reception OF, OR PARTS THEREOF, THE SERVICES. 


18. YOU WILL NOT HOLD US, OUR DEVELOPERS, OUR RESPECTIVE AFFILIATES AND RELATED PARTIES RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, DEMAND, LIABILITY, OR DAMAGE ("LOSS") RELATING TO YOUR USE OF ZAPCHAT, IN PARTICULAR ANY CONTENT TRANSMITTED BY YOU.


19. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE END-USERS, YOU AGREE TO RELEASE US TOGETHER WITH OUR AFFILIATES AND OUR RESPECTIVE RELATED PARTIES FROM CLAIMS, DEMANDS AND DAMAGES (ARISING DIRECTLY, INDIRECTLY OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.


20. ALTHOUGH WE WILL USE OUR REASONABLE EFFORTS TO KEEP ZAPCHAT AVAILABLE, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON ZAPCHAT FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE, OUR DEVELOPER AND/OR AFFILIATES DISCLAIM ALL WARRANTIES OR CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


21. THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THE TERMS.


22. YOU HEREBY AGREE TO INDEMNIFY AND HOLD US AND OUR DEVELOPERS, OUR RESPECTIVE AFFILIATES, AND ANY OF THE RESPECTIVE RELATED PARTIES OF THE FOREGOING HARMLESS FROM ANY CLAIM, DEMAND OR LIABILITY, INCLUDING ANY REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OF THE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR ANY RIGHTS OF A THIRD PARTY.

GENERAL

23. The Terms and any dispute or claim arising out of or in connection with the Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Each Party irrevocably submits to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.


24. In the event there is any inconsistency between the Terms and any other terms and conditions governing the Services, the Terms shall prevail.


25 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of Zapchat. Our performance of the Terms is subject to existing laws and legal process. Nothing contained in the Terms affects or prohibits our ability to comply with or respond to governmental, court and law enforcement requests or requirements relating to your use of Zapchat or information provided to or gathered by us with respect to such use.


26. Unless otherwise specified, the Terms constitute the complete and exclusive statement of the mutual understanding between you and us with respect to Zapchat and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to Zapchat, except as otherwise provided in the Terms.


27. Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of such provision or right. A single or partial exercise of any right, power or remedy will not preclude any other or further exercise of that or any other right, power or remedy. A waiver will not be valid or binding on the Party granting such waiver unless it is made in writing. Any rights not expressly granted in any provision of the Terms are reserved.


28. You may not assign or otherwise transfer any rights and obligations hereunder, without our prior written consent, which we may refuse in our sole discretion. Any attempted assignment without our prior written consent shall be deemed null and void. We may assign or transfer our rights and/or obligations under the Terms at any time. 


29. Unless expressly provided herein, a person other than us and our affiliates or anyone accessing the Services pursuant to the Terms, a person who is not a party to the Terms shall have no right to enforce or to enjoy the benefit of any provision in the Terms. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferor of the Terms.

DEFINITIONS

30. Unless otherwise defined, capitalised terms used herein shall have the following meanings:

  • “Affiliate” means any legal person which is controlled by, controls or is under common Control with, such person. Control means, with respect to the relevant person,
    (i) the direct or indirect ownership of more than 50% of the (a) shareholding interests or (b) voting power at the general meeting or a similar body, of that person, or
    (ii) the right or ability to appoint or remove such number of the members of the board or a similar body of that person with decisive voting power in such body.
  • “Amendments” means such term as defined under paragraph 12 of the Terms.
  • “Content” means such term as defined under paragraph 5 of the Terms.
  • “End-user” means the individual or company which ultimately receives the communications sent by you or your Affiliates via the Services.
  • “Loss” means such term as defined under paragraph 18 of the Terms. 
  • “Party” means either you or us, and “Parties” means you and us together.
  • “Passwords” means such term as defined under paragraph 6 of the Terms.
  • “Related Parties” means officers, directors, employees and agents.
  • “Services” means such term as defined under paragraph 1 of the Terms.
  • “Terms” means such term as defined under paragraph 2 of the Terms.
  • “Third-Party Applications” means third-party internet-based or offline enabled software applications, operating systems, and other types of platforms that interoperate with the Services to enable its complete range of functionality.
  • “Third-Party Applications Terms” means the terms and conditions, and/or usage policies which directly or indirectly apply to use of the Third-Party Applications to you.