TERMS AND CONDITIONS
The following terms and conditions govern all use of the Zpayd Application and Website (“Applications”). For purposes of these Terms and Conditions. The Applications are owned and operated by Flugator Inc.
The Application is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Zpayd Applications. (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Zpayd Applications. By accessing or using any part of the Zpayd Applications, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions in this Agreement, then you may not access or use the Zpayd Applications.
Subject to your agreement and compliance with the terms and conditions of this AGREEMENT, Zpayd Applications grant to each user who creates and maintains a separate account a limited, personal, non-exclusive, non-transferable and revocable license (without the right to sublicense) to use, access, display and run the Application on any computer or device that you own or that is under your control for your personal or internal business use. For the avoidance of doubt, the foregoing license may not be shared or used concurrently to allow anyone other than the individual who created and maintains the user account to access, display, run or use the Application.
You may not use the Zpayd Applications to substantially replicate Zpayd Applications or services offered by it , including the republication of content or the creation of a separate Zpayd Applications or content management tool substantially similar to the Zpayd Applications. If Zpayd Applications determines or believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Zpayd Applications. Your license may be temporarily or permanently revoked, with or without notice.
Zpayd Applications owns all right, title and interest in and to the Zpayd Applications including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in this AGREEMENT shall be construed to transfer, convey, impair or otherwise adversely affect Flugator Inc’s ownership or proprietary rights therein or any other Zpayd Applications information or materials, tangible or intangible, in any form and in any medium. Your use of the Zpayd Applications grants you no right or license to reproduce or otherwise use any Zpayd Applications or third-party trademarks.
Zpayd has not reviewed, and cannot review, all of the material, and not have any control over those non-Zpayd Applications, websites, webpages and apps, and is not responsible for their contents or their use. By linking to a non-Zpayd website, webpage or app, Zpayd does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content that might exist on those websites, webpages and/or apps. Zpayd does not claim any responsibility for any harm resulting from your use of non-Zpayd Application or websites, webpages and apps. Payments You represent and warrant the following in connection to your payment with regards to the Zpayd Application, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you ill still pay the incurred charges, including any surcharge we may incur due to the dishonored payment
Zpayd reserves the right, at its sole discretion, to modify or replace any part of these AGREEMENT. It is your responsibility to check this AGREEMENT periodically for changes. Your continued use of or access to the Zpayd Applications following the posting of any changes to this AGREEMENT constitutes acceptance of those changes. Zpayd may also, in the future, offer new services and/or features through the Zpayd Application or website or in conjunction with the current Applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these AGREEMENT. Errors, Inaccuracies And Omissions. Occasionally there may be information in the Applications that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Application or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Application or on any related website, including without limitation, except as required by law. No specified update or refresh date applied in the Application or on any related website should be taken to indicate that all information in the Application or on any related website has been modified or updated.
You hereby agree that Flugator Inc, its parent, subsidiaries, affiliates, and their respective successors and assigns, may collect and use certain technical information associated with your use of the Zpayd Applications , including, without limitation, any information provided in connection with any support or technical services for the Zpayd Applications.
To use our Services you must become a Member/User within the Zpayd Application. Your membership is not transferable or assignable and is void where prohibited. Our Website and Application are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Applications by anyone under that age is unauthorized, unlicensed, and in violation of these terms and conditions. By using our Applications you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Zpayd has the sole right and discretion to determine whether to accept a member/user, and may reject a member/user’s registration with or without explanation. When you complete the registration process, you will receive a password that will allow you to access our services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
The Zpayd Application at any time and from time to time modify or discontinue, temporarily or permanently, the Zpayd Application, or any portion thereof, with or without notice. As part of the Zpayd Application, you may from time to time receive updates regarding the Zpayd Application which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Zpayd Application. You agree that the Zpayd Application may automatically deliver such updates to you as part of the Service and you shall receive and install them as required. You agree that Zpayd Application shall not be liable to you or any third party for any such update, modification, suspension or discontinuance of the Zpayd Application.
Zpayd has the right to terminate this license and your right to use the Application at any time for any reason, including in the event where Zpayd reasonably believes you have failed to comply with any term or condition of this AGREEMENT. If this license or your right to use the Zpayd Application terminates for any reason, you must stop all use of the Zpayd Applications. Zpayd Applications may ask you to certify your compliance with the foregoing in writing, and you agree to do so if Zpayd Applications makes such a request. Complaint Procedure If you believe that any content or postings on the Application are violative of any intellectual property rights or otherwise, please notify us at info@Zpayd.com with a thorough description of the alleged violation, along with your name, contact information, nature of complaint, specific right violated and the content that is violative and the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
There are no representations or warranties that apply or that are made to you in any way in connection with the Zpayd application or this agreement. To the maximum extent permitted by law, we disclaim all representations and warranties with respect to the Zpayd applications and your access to and use thereof, whether express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose or any warranties of title, non-infringement and/or arising from a course of dealing or usage of trade. Without limiting the generality of the foregoing, the Zpayd application is made available to you on an “as is” and “as available” basis and Zpayd does not guarantee, warrant or represent that the Zpayd application shall meet your requirements or that your use, operation or results of use of the Zpayd applications or website shall be uninterrupted, complete, reliable, accurate, current, error-free, free of computer viruses or otherwise secure. You assume the entire risk of downloading, installing, copying, operating, using and/or distributing the application.
In no event shall Flugator Inc, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Zpayd has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Zpayd applications, Zpayd or any other Zpayd services including our website. Nothing in the terms shall limit or exclude Flugator Inc’s liability for intentional misconduct of Zpayd or its officers, employees or affiliates. App press’s aggregate liability and that of its affiliates and suppliers under or in connection with this agreement shall be limited to one hundred Canadian Dollars ($100) or the aggregate and actual amount paid by you for up to three months of subscription to the Zpayd application. This limitation will apply even if Zpayd has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. The limitations and exclusions in this section shall apply to the maximum extent permitted by applicable law in your jurisdiction. Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential or punitive damages. accordingly, the limitations and exclusions set forth above may not apply to you.
You represent and warrant that (i) your use of the Zpayd Applications will be in strict accordance with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Zpayd Applications will not infringe or misappropriate the intellectual property rights of any third party.
You agree to defend Flugator Inc, its parents, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this AGREEMENT, infringement, misappropriation or any violation of the rights of any other party, violation or non-compliance with any law or regulation, the breach or violation of any term or condition of this AGREEMENT, any use, alteration or export of the Zpayd Applications or otherwise in connection with these AGREEMENT. Zpayd Applications reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
All matters relating to these AGREEMENT and your access to, or use of, the Zpayd Applications shall be governed by the Laws of Canada without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against Flugator Inc, including any claim or dispute relating to this AGREEMENT, or to the Zpayd Applications, must be resolved by a court of competent jurisdiction within Canada. You agree to submit to the personal jurisdiction of the courts located in Canada for the purpose of litigating any such claims or disputes or any claims or disputes that Zpayd Applications may have against you. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to, or use of, the Zpayd Application in violation of this Agreement, you agree that Zpayd shall be entitled to apply for injunctive relief in any jurisdiction at Flugator Inc sole discretion.
No amendment, modification, waiver or discharge of any provision of this AGREEMENT shall be valid unless made in writing and signed by an authorized representative of Zpayd. No failure or delay by Zpayd to exercise any right or enforce any obligation shall impair or be construed as a waiver or on-going waiver of that or any or other right or power, unless made in writing and signed by Flugator Inc. This AGREEMENT constitute the entire agreement between Zpayd and you with respect to your access to or use of the Zpayd Applications and shall supersede any prior agreements between you and Zpayd on such subject matter. You may not assign or otherwise transfer this AGREEMENT, or any right granted hereunder, without Zpayd written consent. Zpayd’s rights under this AGREEMENT are freely transferable by it. If any provision of this AGREEMENT is held to be illegal, invalid or unenforceable, the remaining provisions of this AGREEMENT shall be unimpaired and remain in full force and effect. This AGREEMENT will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.