Please read these Terms of Use carefully before using this website, its services, products, programs and materials. By using this website, and its Services, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the website or its Services. Thank you.
Your access to and use of this website (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
- You agree that the Site itself, as well as all contents, Products, Services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Digital5 Limited, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary codes, graphics, images, video and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal and business purposes only. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright, trademark, and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or sell the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
- All Content, such as text, data, codes, scripts, macros, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier of the Company. No such materials may be used except as provided in these Terms of Use. The Content may be protected by registered trademarks.
- All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, are either the property of, or used with permission by, the Company. Any unauthorized use of the Content, including actions that infringe on copyrights, trademarks, proprietary rights, or violate privacy, applicable laws, regulations or statutes, is strictly prohibited and not permitted by the Company. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other Intellectual Properties without the express written consent of the Company or third-party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, immoral, unethical, offensive, too explicit on sensible matters, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, these Terms of Use or other Policies. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at info@zapirio.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
- While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the Content of the Site.
- When you register with the Company and/or this Site and/or its Services, you may give the express consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You can give or revoke your consent to receive notices electronically by way of transmitting the notice to you by email.
- If you send comments, suggestions, reviews about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
- The Company shall use commercially reasonable efforts to restrict unauthorized access to data, files, or Services. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk. The safe transmission of your billing details, credit/debit card sensible information, and other sensible details required for the purchase, can be guarantee by third parties.
- The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://zapirio.com/privacy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site or its Services.
- Neither the Company nor any other party involved in creating, producing, or maintaining the Site and/or any Content on the Site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site or its Services/Products. Without limiting the foregoing, all Services and Products on the site have a thirty (30) day no-questions-asked money back guarantee. The guarantee starts on the date of purchase; the visualization or download of Contents or the percentage of usage is not considered. The guarantee starts on the date of purchase. Additionally, in the case of recurring payments (AKA: payment subscriptions), the guarantee covers only the first thirty (30) days from the initial payment and does not apply to subsequent payments. The Company does not warrant or make any representations regarding the use of the materials on the Site, the results of using such materials/Products/Services, their suitability for any user’s needs, their ability to meet user expectations, or their correctness, accuracy, reliability, or effectiveness. Furthermore, the Company does not guarantee or make any representations about earning potential when using the Site, its technology, its Services/Products even when provided by third parties. You accept all responsibility for evaluating your own earning potential, feasibility and suitability, as well as for executing your own business, performance, operations and services. Your earning potential depends entirely on your own products, ideas, techniques, execution of your business plan, time dedicated, and your resources, knowledge, and skills. Since these factors vary for each individual, the Company cannot and does not guarantee or make any representations regarding your success, sales or profit. The Company also does not warrant that use of the materials will be uninterrupted or error-free, that defects will be corrected, or that this Site, its Content, and/or the materials available are free from bugs, viruses, or other harmful components. You assume all responsibility for the cost of necessary repairs or corrections that might occur. The Company shall not be responsible for any performance or service problems caused by third-party websites or providers. Any such problem shall be governed solely by the agreement between you and that provider.
- The Company shall not be responsible, and thus not liable, for any performance or service problems caused by any third-party website or third-party service provider (including, for example, your web service provider, payment services, your software, your operative system, and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. The Company reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. Additionally, the Company reserves the right to limit your use of the Site and/or the Content/Product/Service or to terminate your account should it determine that you have violated these Terms of Use or any other policy, rule or condition of the Company. The Company reserves the right to refuse access to the Site and/or the Company’s Content, Products, and/or Services to anyone at its sole discretion. It may also determine, in its sole discretion, whether to provide a refund of the initial fee charged for any usage of the Site and/or any Content or a pro-rata portion thereof, consistent with its refund policy. However, the Company may refuse any refund request submitted thirty (30) days after your payment for use of the Site and/or any Content/Service/Product, whether pursuant to this agreement or otherwise, regardless of the reason for the disruption.
- In no event shall the Company be liable for any special, incidental, indirect, punitive, reliance, or consequential damages, whether foreseeable or not. This includes, but is not limited to, damage or loss of property, equipment, information, or data; loss of profits, revenue, or goodwill; cost of capital; cost of replacement services; or claims for service interruptions or transmission problems caused by any defect in the Site, the Content, and/or related materials, the inability to use services provided, or any other cause whatsoever in connection with these. This limitation applies regardless of the theory of liability, even if the Company has been advised of or is aware of the possibility of such damages.
- You agree to indemnify the Company and each of its directors, officers employees, agents and partners, from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of any applicable law, regulation, statute, policy or right of a third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
- The provisions of these Terms of Use are for the benefit of the Company, its customers, users, subsidiaries, affiliates, its third parties, content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- This agreement shall be governed by and construed in accordance with the laws of the Republic of Malta, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and courts in Malta and Gozo. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- Customers are required to provide correct and up to date data during the payment checkout required for the billing/invoicing process. In particular, and not limited to, B2B transactions require customers to provide: business name, business address, a valid VAT Number or similar Tax Registration Number. The validation of any EU-based VAT Number can be performed freely on the VIES website (https://ec.europa.eu/taxation_customs/vies/#/vat-validation). If a VAT Number is not present in the VIES Registry, this number is considered not valid for VAT purposes. In this case, the customer can proceed with a normal B2C transaction. Invoicing is handled automatically by a third party that guarantees our 30-days money-back guarantee on all our Products/Services. A Tax Invoice is sent automatically by the third party, to the email provided by the customer on the checkout. The customer agrees to provide a correct and fully functional email address belonging to him/her and/or his/her company or organization. The customer also acknowledges that he/she has the exclusive responsibility to provide the correct email address and that he/she is the sole responsible to find the invoice in his/her email folders, even if his/her spam filters can send the invoice into the spam folder. The customer also agrees to check his/her email folders promptly and properly, and notify us promptly about any mistake or errors on the invoice. The customer acknowledges that and bound himself/herself to submit during the checkout the full correct valid VAT number belonging to his/her business along with the other correct invoicing and billing data. In the event in which the customer in possession of a valid VAT Number forgets to insert in the checkout totally or partially his/her invoicing data, or submits totally or partially wrong, incorrect, or outdated data, the customer acknowledges that he/she is the sole entity required to check those data during the checkout and after it on the automatically sent invoice. The customer in this case is also kindly requested to notify us about any mistake, omission, or error, partial or total in its business invoicing details within 30 days from the payment day. In the case in which the customer is unable to find the email containing the invoice, the customer is responsible to notify us within 30 days from the payment day.
- These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.